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HomeMy WebLinkAbout1996-07-15 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 15, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 15, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. 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 - July 1 and July 8, 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meetings of July 1 and July 8, 1996, be approved as submitted. 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. Decision - Conditional Use Permit - Ileana Indreland and Michael W. Delanev for Bozeman Athletic Club - allow develooment of a 73,OOO-sauare foot athletic club serving alcoholic beveraaes on Tracts A and B, COS No. 1872, and Tract 2, COS No. 1846 (8601 Huffine Lane) (Z-9643) This was the time and place set for the decision on the Conditional Use Permit requested by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application No. Z-9643, to allow development of a 73,000-square~foot athletic club serving alcoholic beverages on Tracts A and B, Certificate of Survey No. 1872, and Tract 2, Certificate of . Survey No. 1846. The subject parcel is more commonly located at 8601 Huffine Lane. Included in the Commissioners' packets was a memo from Assistant Planner Chris Saunders, dated July 12, forwarding proposed modifications to the conditions forwarded by the City-County Planning Board. Also, distributed just prior to the meeting, was a revised Page 2 for that memo. 07-15-96 ---------- ----...------ ---....--.....-. - 2 - Assistant Planner Saunders reminded the Commission that at the public hearing held two weeks ago, concerns about three conditions were raised by the applicant; and the Commission directed staff to work with the applicant in an effort to reach acceptable revisions. He indicated that his memo forwards the revised language which has been developed as a result . of meeting with the applicant, noting that staff feels the revisions are acceptable. He noted that Condition No.6 is to be modified to require that Fallon Street be constructed to the west property line because of the question about the easement from the west property to Cottonwood Road. He noted that when the easement has been confirmed or acquired, the road can be extended to Cottonwood Road. Condition No. 12 is to be modified to allow the street improvements to be completed prior to occupancy of the building, with the plans and specifications for those improvements to be approved prior to issuance of a building permit. Condition No. 14 is to be modified to more accurately reflect the participation in the signalization of the intersection of Ferguson Avenue and U.S. Highway 191. Assistant Planner Chris Saunders stated that, in addition to these three modifications, . staff has identified four new conditions to be added. He reviewed those additional conditions, which require completion of the zone map amendment process for a portion of the property involved, a requirement that City sewer be extended to the property before any expansion of the use is allowed, a requirement for review and approval of any aboveground sewage treatment structures that may be proposed, and a waiver of right to protest the creation of SIDs and RIDs for construction of the Cottonwood trunk sewer line. Mr. Joe Sabol, attorney representing the applicant, reminded the Commission that Ileana Indreland and Michael Delaney have applied for annexation of the subject property. He suggested that annexation of all the property from US Highway 191 to Durston Road and from Ferguson Avenue to Cottonwood Road could be beneficial to the City, particularly since that is the direction in which much of the new development is occurring. He noted that with . annexation would come City services, which would address many of the conditions which are recommended for approval of this application. Mr. Sabol forwarded the applicant's position on the various conditions, noting that Condition Nos. 6, 12 and 14 are acceptable as redrafted. He then turned his attention to the added conditions, characterizing Condition No. 24 as a housekeeping item. He stated that the applicants have indicated a willingness to accept Condition No. 27, although he has cautioned 07-15-96 ------- - 3 ~ them that it appears to be open because of the potential that other property owners involved may choose to pay cash rather than finance their portion of the sewer main installation. He stated that Condition No. 26 is acceptable, although he assured the Commission that no above ground improvements associated with the sewage treatment process are anticipated. . Mr. Sabol raised questions about the intent of Condition No. 25, and whether it applies to the addition of a tennis court or if it pertains to expansions or improvements directly relating to the application. He suggested that this provision should be limited to any expansion or improvement that might impact the sanitary sewer system. Assistant Planner Chris Saunders responded the zone code specifically states that any expansion of a conditional use permit must be by conditional use permit. He emphasized that any expansions which impact the sanitary sewer system should be subject to review, cautioning that the soils on this site are the same as those found at the Kountz Mobile Home Park. Responding to Mayor Stueck, the Assistant Planner stated that under this condition, any . expansion of the conditional use permit would be processed as a conditional use permit, with careful consideration being given to the original conditions of approval to determine if they need to be changed to meet the additional demands. H e then recognized that it might be possible to add one tennis court without triggering the full review process. Responding to Commissioner Frost, Assistant Planner Saunders stated that it is important for all infrastructure improvements to be installed before an occupancy permit is issued, particularly since this is a very large building. He stressed the importance of ensuring that fire trucks and other emergency vehicles can reach the site safely and in a timely manner. Responding to additional questions from Commissioner Frost, the Assistant Planner stated that if annexation of this property is approved, the Development Review Committee will re~ review the project to verify that the private septic system may easily be connected to the City's . system. He assured the Commission that the costs of ensuring easy connection to the City's system are not exorbitant, rather, it is simply a matter of ensuring proper design of the connection points. He then indicated that the difference between this project and Billion Plaza is that this is a single connection to a single system, while the Billion Plaza project is a community system with multiple structures and connections. He indicated that, since this is a single service, connection to the City sewer should be easily accomplished. 07-15-96 - 4 - Commissioner Frost reminded the Commission of the Bozeman Solvent Site situation, noting that the City is now bearing the costs for failure to ensure that the line was properly installed and that the septic tank was properly disconnected. Assistant Planner Saunders assured the Commission that inspections by the Department . of Health and the Building Inspection Department should adequately identify any deficiencies that may occur. Responding to Commissioner Stiff, Assistant Planner Chris Saunders stated that an on- site septic system is being considered because this application was filed prior to the application for annexation, and the applicant has requested that it be processed as a county project. He noted that if the property is subsequently annexed, the Commission will have an opportunity to require the project be connected to the City's sewer system. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission separate the two segments of the Conditional Use Permit requested by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application No. . 2-9643, holding the decision on the portion to serve alcoholic beverages until the August 5 meeting, and approving the portion to allow development of a 73,OOO-square-foot athletic club on Tracts A and B, Certificate of Survey No. 1872, and Tract 2, Certificate of Survey No. 1846, subject to the following conditions: 1. If the property on which the project is located is annexed to the City of Bozeman, the Development Review Committee shall again review the project and may, if necessary, modify or impose additional conditions of approval; 2. The final site plan shall be adequately dimensioned; 3. The State of Montana Department of Environmental Quality and Gallatin County must verify, in writing, that the septic and well systems on the subject site are adequate for the proposed use, prior to issuance of Building Permit approval; 4. The owner shall have all fire protection facilities and equipment approved by the Rae Fire Chief prior to final site plan approval or by the Fire Marshal of the City of Bozeman if annexation is approved; . 5. The property owners shall provide and file with the County Clerk and Recorder's office executed waivers of right to protest creation of SIDs and RIDs, which shall specify that in the event SIDs or RIDs are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. The waiver shall include the following: 07-15-96 ~ 5 ~ a. Street improvements to West Babcock Street, Ferguson Avenue, and Fallon Street, including paving, curb/gutter, sidewalk, and storm drainage; 6. A 60~foot-wide pUblic street and utility easement shall be granted to the City for the Fallon Street extension. A 45-foot-wide public street and utility easement from the section line for the half of West Babcock Street located . on the applicant's property shall be granted. A 50-foot-wide public street and utility easement for the half of Ferguson Avenue located on the applicant's property shall also be granted. Fallon Street shall be constructed to the full City standard, including curb and gutter, sidewalks and storm drainage facilities or to a design standard reviewed and approved by the City Engineer and the Director of Public Service from Ferguson Avenue to the western property line and be provided with an adequate temporary turn around. No gates shall be placed across Fallon Street. Plans and Specifications for Fallon Street and the approach to the proposed facility from Fallon Street, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer prior to initiation of construction of the public street. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail for the on~site improvements shall be provided to the City Engineer for review and approval. Concrete curbing shall be provided around the entire new parking lot and adequately identified on the final site plan; 7. A Stormwater Drainage/Treatment and Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate . site drainage by means of showing proposed contour lines and spot elevations and stormwater retention basin details. A stormwater maintenance plan shall be included which details maintenance operations, schedule, and responsibility; 8. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy, and be signed by a Professional Engineer (PE) registered in the State of Montana, and shall be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings; 9. The Montana Department of Fish, Wildlife and Parks, Natural Resources and Conservation Service, Montana Department of Environmental Quality, and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e. 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval; 10. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle; . 11 . A boulevard planting detail for Fallon Street shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. Alternative plantings other than in typical sidewalk locations on public streets may be considered by the Director of Public Service; 12. All public or private street improvements including paving, curb and gutter, sidewalks, and storm drainage facilities shall be completed and accepted by the City of Bozeman prior to occupancy. No building permits will be issued prior to approval of the plans and specifications and provision of an 07-15~96 .-....- - 6 - acceptable financial guarantee for the public street infrastructure improvements; 13. Any floor drains proposed for the facility shall be shown on the final site plan. Floor drains located in vehicle accessible areas shall be provided with a City Standard grit/oil separator approved by the City Engineer. A detail for the grit/oil separator shall be provided with the final site plan; . 14. The developer shall guarantee funding of a traffic signal at Ferguson Avenue and U.S. 191 (Huffine lanel by providing a letter of credit or certificate of deposit to the City of Bozeman for 25 percent of the cost of the traffic signal prior to the issuance of final site plan approval. The value of the proportional cost (25 percentl is currently estimated to be $25,101.75. The letter of credit or certificate of deposit shall be in force for a period of not less than twenty-four (241 months and shall be renewable at the option of, and at no cost to, the City of Bozeman. The applicant should be aware that if in the future there is a desire to connect water. sewer or storm drain utilities on the site to the City's system, the applicant must provide to the City plans and specifications for said water, sewer and/or storm sewer mains, prepared and signed by a Professional Engineer (PEl registered in the State of Montana which have been approved by the Montana Department of Environmental Quality which meet all of the requirements of the City Engineering and Water and Sewer Departments. The applicant shall also certify that professional engineering services for construction inspection and post-construction certification were provided and mylar record drawings shall be given to the City. . Prior to any future connection to City services, the applicant will also be required to submit a detailed utilities design report prepared by the applicant's engineer. The report shall assess both the wastewater flows and water demands of the development in relation to the existing system's capacity to provide the required service. Any deficiencies in the existing infrastructure shall be corrected to the extent necessary to provide service to the development. It should also be noted that prior to annexation or further development of the site, a more detailed traffic impact analysis shall be provided to the City Engineer for review; 15. If annexation for this property is completed, appropriate impact fees will be assessed; 16. Zone map amendments that have been approved but not adopted which impact this property shall be completed prior to final site plan approval; 17. No expansion of or development directly dependent upon the Bozeman Athletic Club West Conditional Use shall be approved prior to the installation of the City sanitary sewer interceptor master planned to serve this property. The future sewer interceptor which lies largely in the Cottonwood Road . alignment, i,e., the Cottonwood Trunk Sewer line, is currently master planned to serve this property; 18. Any above ground sewage treatment structures shall be subject to review and approval by the City-County Planning Office. Said review shall include, at a minimum, siting, landscaping, screening, odor control and possible visual impacts with related mitigation; 19. The property owners shall provide and file with the County Clerk and Recorder's office an executed waiver of right to protest creation of SIDs and RIDs as described below, which shall also specify that in the event SIDs or 07-15-96 ---..... - - - 7 - RIDs are not utilized for the completion of the Cottonwood trunk sewer line, the property owner shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. The waiver shall include the following: . a. Construction of the Cottonwood trunk sewer line, including design, engineering, construction, testing and acquisition of right- of-way; 20. Seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval; 21. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 22. If occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the . method of security; 23. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State Waters. 24. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the Conditional Use Permit procedure; 25. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 26. That all conditions specifically stated under any Conditional Use listed in the Zoning ordinance shall apply and be adhered to by the owner of the land, successors or assigns; and . 27. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. 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. 07-15-96 -... -------.---.-.- ---..-.----.... - 8 - Conditional Use Permit ~ allow expansion of existina manufactured home park on 27.5 acres located in the NWY<... Section 15. T2S, R5E. MPM to add 11 lots for manufactured homes to existing 120 lots - Garv Oakland (Kountz Mobile Home Park, 8628 Huffine lane) (Z-9648) This was the time and place set for consideration of the Conditional Use Permit requested by Gary Oakland, under Application No. Z~9648, to allow expansion of the existing . manufactured home park on 27.5 acres located in the northwest quarter of Section 15 in Township 2 South, Range 5 East, Montana Principal Meridian, to add 11 lots for manufactured homes to the existing 120 lots. The subject property is more commonly known as the Kountz Mobile Home Park and is located at 8628 Huffine lane. Assistant Planner Christopher Williams presented the staff report. He stated that since the subject property is located in an AS, Agriculture Suburban, district, a conditional use permit is required for the proposed expansion. He stated that, in conjunction with adding the proposed 11 lots to the existing 120-lot mobile home park, a road is to be constructed on the west side of the property, which will loop back to the existing dead-end road in this mobile home park, resulting in two looped roads through the park. . The Assistant Planner reminded the Commission that on August 7, 1995, they agreed to allow the mobile home park to connect to City sewer without annexation, subject to the satisfying of several conditions. He stated that the consulting engineer for this project has indicated that connection to the City's sewer should be completed in approximately two months. He reminded the Commission that this mobile home park provides a significant amount of affordable housing in the community, and that is one of the reasons the mobile home park has been allowed to connect to City sewer to correct their failed septic system problems. Assistant Planner Williams stated that staff has reviewed this application in light of the six criteria established for review of conditional use permits; and the comprehensive staff findings are contained in the written staff report, which was previously distributed to the . Commission. He characterized this request as a 9-percent expansion of an existing use, which appears to be reasonable, natural and incidental to the growth of a business. He stated that Mr. Dick Kountz, property owner to the west, has forwarded his concern about a number of young children living in the mobile home park trespassing onto his property, particularly because of the large agricultural ponds which exist. He stated that, in light of that concern, 07-15-96 -~ _.__._.__.__ n_ ~ 9 - staff has recommended a condition requiring construction of a fence to protect the property rights of the neighbors and ensure the safety of the children. The Assistant Planning Director stated that the City-County Planning Board conducted the public hearing on this conditional use permit application at its July 2 meeting, and has . forwarded its recommendation for approval, subject to ten conditions. He then stated the existing four-foot~high fence is woven wire with two standards of barbed wire above it. He indicated that, after reviewing that fence, staff feels it is adequate to address the recommended condition. Mr. Ray Center, consulting engineer representing the applicant, stated he is currently preparing the preliminary plat for the additional spaces. He showed the Commission photographs of the existing fence along the west property line as well as photographs of the mobile home park and the property immediately to the west. Mr. Center stated the applicant is generally in agreement with the recommended conditions for approval of this application, although he raised concerns about a couple of the . conditions. He stated that the applicant plans to comply with the sign code for the mobile home park. He noted, however, that the consignment business is separate from the mobile home park and, therefore, its sign should not be subject to the condition for the mobile home park expansion. Mr. Center stated that construction of improvements for connection of the mobile home park to the City's sanitary sewer system are currently underway, and all of the mobile homes should be connected to the new service within the next couple of months. Ms. Holly Brown, attorney representing the applicant, stated the other remaining concern resulting from the City~County Planning Board hearing is the fence along the west side of the property. She noted that, from Assistant Planner Williams' presentation, it appears staff feels the existing fence adequately addresses the recommended condition. She stated that, because . of the view of the property to the west, some of the residents in the mobile home park have installed a privacy fence to screen their view. Ms. Brown noted that one of the conditions pertains to execution of a waiver of right to protest creation of an SID for installation of the traffic signal at the intersection of Ferguson Avenue and US Highway 191. She stated that, given the discussion on the previous agenda item, it appears installation of the traffic signal may occur soon. She indicated that the 07-15-96 --- .-..--.-..----.- ~~~-~~~~-=--._--- ---- -- - 10 - applicant would have no problem providing his fair share of the cash for the project if it is determined a special improvement district will not be created. Responding to City Manager Wysocki, the City Attorney cautioned that the City has an ordinance prohibiting barbed wire within city limits, stating that if the existing fence is accepted . as meeting the recommended condition for approval, it must be understood that the Commission is not condoning its remaining if the property is eventually annexed. Ms. Holly Brown stated that the fence was erected by Mr. Kountz and is his fence. Responding to Commissioner Stiff, Ms. Holly Brown stated Mr. Oakland has no knowledge of children from the mobile home park crossing the fence to Mr. Kountz's property since he purchased the property. She stated that with the proposed expansion of the park, the new road will be located adjacent to the fence, with the new mobile homes being located on the east side of the road, so the end of the mobile home park property will be readily evident. Responding to additional questions from Commissioner Stiff, City Attorney Luwe stated that the ponds, which might be considered an attractive nuisance, are located on Mr. Kountz's . property and are, therefore, his liability. He stated that having a fence along the property line should be adequate, although he recognizes that some children climb fences. He then stated that under this conditional use permit application, the Commission may appropriately require that a fence be installed. Responding to Commissioner Rudberg, the City Attorney stated that whether the ponds are an attractive nuisance is a legal issue based on the facts of the specific circumstance. He further cautioned that the conditional use permit application does not involve the ponds, since they are located on Mr. Kountz's property. Responding to Commissioner Frost, Assistant Planner Williams stated that the fence was erected by Mr. Kountz. He noted that, until it is determined whether the fence is located on the property boundary, completely on Mr. Kountz's property, or completely on the mobile home . park property, the applicant's responsibility for the fence cannot be determined. Commissioner Youngman stated her only concerns about the fence pertain to its disrepair in places, where children could easily cross. S he asked if it would be possible to require the applicants to upgrade the fence under conditions of approval. Assistant Planner Williams cautioned that the only way to address the fence situation is to require the applicant to construct a new fence. 07-15-96 "0 ~:............:.o;.:~~':;';'''',':;';;;''-~,''''''''''''''-' _ _,' " __ _ .~,....:.,.,. ~ 11 - Responding to Commissioner Stiff, the City Attorney concurred that the location of the fence must first be determined before any requirements for the applicant to maintain it are incorporated into the conditions. Commissioner Rudberg noted that, close to the entrance of the mobile home park, there . is a storage shed area and what she characterized as "junk". She then asked if that will be cleaned up, if it belongs to the mobile home park rather than the consignment business. Responding to Mayor Stueck, Ms. Holly Brown stated that no new mobile homes will be placed on the site or occupied until they have been connected to the City's sewer services, and the connections to City sewer services will begin with the existing mobile homes. She then stated that the water supply at the mobile home park has never been a problem. She stated that water meters will be installed on the wells, as required by the City, to determine the sewer rates charged. Mr. Ray Center stated that the plans for extension of the water main and connection of the new mobile homes to the system were recently sent to the State, and he anticipates . approval within thirty to sixty days. Assistant Planner Christopher Williams stated that since the property is being connected to City sewer, a condition should be added which requires the applicant to pay the appropriate wastewater impact fees upon connection to the City's system. Assistant Planner Chris Saunders stated that this mobile home park, even though it is located outside city limits, will place the same demands on the sewer system as if it were located inside city limits. He then suggested that the condition be written so that it requires staff review and a determination of whether wastewater impact fees are to be assessed, in light of when the agreement to allow connection to the City's sewer system was executed. City Manager Wysocki suggested that Condition No.4 be amended to require a waiver of right to protest creation of an SID for the traffic signal at the intersection of Ferguson Road . and US Highway 191 or, if an SID is not created, that the applicant pay his proportionate share of the costs to the City when installation of the traffic signal begins. Commissioner Rudberg stated that, while she does not feel it is necessary to add a condition, she feels it is important that the children residing in the mobile home park be made aware that they are not to cross the fence onto Mr. Kountz's property. 07-15-96 - - ---- -,-- - 12 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Conditional Use Permit requested by Gary Oakland, under Application No. Z-9648, to allow expansion of the existing manufactured home park on 27.5 acres located in the northwest quarter of Section 15 in Township 2 South, Range 5 East, Montana Principal . Meridian, to add 11 lots for manufactured homes to the existing 120 lots, subject to the following conditions: 1. The applicant shall apply for subdivision review of the expansion for eleven (11) manufactured home lots; 2. The applicant shall comply with the Bozeman Area Sign Code for the mobile home park identification sign on the subject property; 3. The applicant shall construct a fence along the western edge of the property to prevent children and animals from trespassing onto the adjoining neighbor's property. The fence shall be, at minimum, four feet high and of four inch square woven wire or sheep fencing; 4. In reference to the Agreement for Extension of Sewer Service and Annexation of Kountz Mobile Home Park, dated August 7, 1995 (filed August 22, 1995) between the City of Bozeman and the Owner of Mountain Mobile Home Estates, aka, Kountz Mobile Home Park, the following items shall be included as conditions of approval: . 2. Prior to connecting to the City's sanitary sewer system, the Owners shall execute waivers of the right to protest the following: a. The creation of a Special Improvement District for the signalization of the intersection of U. S. 191 and Ferguson A venue; In the event an SID for the traffic signal is not created, the applicant shall pay his proportionate share of the costs to the City when installation of the traffic signal begins. b. The creation of a Special Improvement District for the construction of City water system improvements, including future looping for the services provided by the City (domestic and fire protection); and c. The annexation of the property serviced by the sanitary sewer extension. 3. The Owners agree that all plans and specifications for any proposed public sanitary sewer extension, and water extensions required, must be approved by the City Engineer and where required, by the Montana Department of Environmental Quality prior to construction. The Owners shall also provide, at their expense, professional engineering services for e construction, inspection, post-construction certification, and preparation of mylar record drawings. 9. Prior to hookup to the City's sanitary sewer system, the Owners will provide a road and utility easement fifty feet (50') wide along the east property line for the entire length of the property from the north to south boundaries for the extension of Ferguson A venue when necessary, or other easement acceptable to the City. The easement document may allow for the use of the property by the Owners as a mobile home park until such time as the easement is put to its intended use by the City. (Two additional paragraphs to this item not listed here.) 07-15-96 --.------- -------.---------.-- - . -.----- -. . -------- -.. - 13 - 12. Prior to initiation of sewer service, i!11 domestic wells supplying the trailer court shall have City standard water meters installed by the City of Bozeman at the Owners' expense. 13. As part of the initial connection to the City's sewer, the Owners will correct the 300 foot long bottleneck in West Babcock Street, just west of Yellowstone A venue in accordance with the terms of condition number 3 . above. In addition, the Owners will provide a financial guarantee at 150% of the estimated cost of said improvement if sewer service is initiated prior to correcting the bottleneck.; 5. That an Occupancy Permit, issued by the Chief Building Official certifying that all applicable Uniform Building and Fire Codes have been complied with, be issued prior to occupancy of the structures and that a copy of said Occupancy Permit be provided to the City-County Planning Office; 6. That, prior to connection to City wastewater services, staff shall review the provisions of the Agreement for Extension of Sewer Service and Annexation of Kountz Mobile Home Park, dated August 7, 1995, this conditional use permit application, and the impact fee policy to determine whether wastewater impact fees will be due and payable on any or all of the existing and proposed units; 7. If occupancy of the structure or commencement of the use is to occur prior to the installation of the required outdoor, non-building site improvements the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of the required improvements. Said Improvements Agreement shall include detailed cost estimates and construction plans of the improvement. . The Improvements Agreement shall be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; 8. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 9. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 10. That all conditions specifically stated under any conditional use listed in this title shall apply and shall be binding upon the owner of the land, successors or assigns; and 11. That all of the special conditions shall be consented to in writing by the applicant. . 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. 07-15-96 _._.__ _._.._..____._..___ ._n _. _ ._._.___ ---..--- - 14 - Presentation of draft reDort DreDared bv Bozeman City Government Study Commissio( Jennifer Smith Mitchell. Chair Included in the Commissioners' packets was a copy of the tentative report from the Bozeman City Government Study Commission, dated July 2, 1996. . Ms. Jennifer Smith Mitchell, Chair of the Bozeman City Study Commission, introduced the members of the Study Commission, which include Joanne Eaton, Carroll Henderson, Bob Kern, Jeff Krauss and herself. She noted that in 1994, the voters chose to study Bozeman's government and subsequently elected five citizen members to do so. She stated that the Study Commission has reviewed the present form of the City government and has written and published a tentative report with recommendations for a charter form of government. She emphasized that this report has been prepared, based on the input received during their review process. She indicated that the Study Commission members are present and ready to respond to Questions from the Commission. Mayor Stueck expressed concern about the 6-percent interest rate contained in Section 5.01.5, noting that this could negatively impact the City's ability to borrow monies or sell . bonds. Mr. Jeff Krauss stated that section is to apply only to the internal borrowing of monies, particularly from trust funds. He noted its purpose is to ensure that if monies are borrowed from a trust fund, an appropriate amount of interest is paid on that loan. He recognized that the interest rate for short-term investments is typically lower than it is for longer-term investments into which trust fund monies may be placed. He assured the Commission that this section is to be limited to that type of borrowing only, and will not impact the City's capacity to borrow or bond at a favorable interest rate. Mayor Stueck asked that this section be revised to more accurately reflect the Study Commission's intent. He also requested that more flexibility be provided in setting of the interest rate, possibly by simply stating that "interest will be paid". . Responding to Questions from Commissioner Rudberg, Ms. Joanne Eaton confirmed that if a Commissioner moves from within the district which he/she is representing, then he/she must resign as a Commissioner. Responding to additional Questions from Commissioner Rudberg, Ms. Jennifer Mitchell stated that the Finance Committee is to be chaired by the Mayor, and some of the 07-15-96 - 15 - Commissioners may sit on the Committee as well. She indicated that the purpose of l' Committee is to get people other than Commissioners to participate in the budgeting proce~, Commissioner Rudberg asked about the requirement under Section 2.10.7. that if elected official runs for a different public office, he or she must resign. The Study . Commissioners explained that the elected official must resign only if the term of the new public office begins prior to term expiration of the existing office. Commissioner Rudberg suggested that the wording be revised to read more smoothly. Commissioner Stiff noted that, in looking at information prepared by former City Manager Harold Fryslie, he found a statement that one of the real strengths of the current system is that the Mayor is always experienced, having served a minimum of two years as Commissioner. The Commissioner recognized the merits of that statement, noting that under the proposed system, an individual with no experience in City government could run for, and be elected as, Mayor. Mr. Carroll Henderson replied that people responding to the surveys indicated an interest in voting specifically for the Mayor. He recognized the merits of having experience as a . Commissioner before serving as Mayor, stating a willingness to consider any options which might ensure such experience. He then suggested that if an individual who has served well as a Commissioner decides to run for Mayor, then he/she should have an advantage over someone who has never served in a local elected position. Mr. Bob Kern suggested that an experienced Commission would probably keep an inexperienced Mayor in check. Responding to Commissioner Rudberg, Mr. Jeff Krauss stated that the new charter becomes effective immediately upon approval by the voters. He noted that the transition plan is then implemented and, under this proposed charter, the transition period would be completed in January 2000. He observed that the State statutes are not clearly written and are difficult to follow; however, he believes that the charter and its transition provisions, as written, comply . with statutory requirements. Responding to Mayor Stueck, Mr. Krauss stated that under the provisions of Section 1.02, increases in existing fees in excess of 5 percent must be submitted to the electorate, as well as any new fees, charges or assessments implemented. He noted that under this section, the Commission may establish a new fee and, depending on when it is implemented and when 07-15-96 --. -....--...-..- --. .- ........----- ---. - --.. - 16 - the next city general election occurs, the fee may be in place for up to two years prior to a vote. If the new fee is not approved by the electorate, it must then be terminated at the end of the fiscal year. He stressed that no refunding of the revenues generated from that fee is required. He stated that, under the proposed charter, the surcharge for sewer which the . Commission recently implemented would be considered a new fee. Responding to Commissioner Frost, Mr. Krauss stated that the proposed charter is not designed to tie the Commission's hands. He stated, rather, it is designed to provide greater flexibility for the City to generate the revenues necessary to operate while providing the voters an opportunity for the public to determine whether the fees approved by the Commission will remain in place for an extended period of time. He noted that this provision is in direct response to the public input received by the Study Commission, particularly from the survey. He noted that this General Fund is exempt from these provisions. Commissioner Frost noted, however, that the City must still operate under the limits of 1-105, which does impact the General Fund. He also expressed concern that the voters may e vote against a fee, which might result in additional costs to the taxpayers, citing the failure of the bond issue for the Montana Law Enforcement Academy as a recent example. He noted that if the sewer surcharge were subject to a vote and the surcharge was not approved, the City would have extreme difficulty in meeting its obligations. Mr. Krauss suggested there are alternatives, such as court orders, which would override a vote of the local electorate. Commissioner Youngman noted that the two issues which have been approved on recent ballots, the general obligation bonds for transportation projects and the mill levy for libraries, were approved because of the concerted educational efforts. She cautioned that these educational campaigns and the costs of elections are significant, and asked if the voters were supportive of voting on increased fees even if it meant additional expense to the community. . Mr. Krauss indicated that the issue of costs was not raised in the survey. He then suggested that if a fee has been in place for a period of time and the results are readily evident, the need for an educational process should be minimal. Commissioner Frost noted that in the survey, 76 percent of the respondents were opposed to an increase in the number of Commissioners, yet an increase is proposed. 07-15-96 -- ----.--.- ----- - 17 - Ms. Joanne Eaton responded that, while 76 percent indicated in the survey that they were opposed to an increase in the number of Commissioners, 80 percent of the comments indicated an interest in more representation. Mr. Bob Kern noted that interviews with the individual Commissioners revealed that each . Commissioner spends approximately 30 hours per week doing City business, in addition to full- time jobs. He further noted that the advisory boards and commissions have forwarded their desires to have more contact with the Commissioners, which would further stretch their workload and hours. He suggested that, by adding two Commissioners, the workload could be spread out among more people, thus reducing the demands on each individual. Mr. Krauss noted that each of the three proposed districts will have more people in it than the entire community had in 1923, when there were three Commissioners. He noted that even when the Commission was expanded from three to five members, the demands on each Commissioner were not as great as they are today. Ms. Joanne Eaton stated that the proposed districts are designed to allow for continued growth in the community and provide a form of government that will take the community into . the 21st century. She emphasized that, under the charter, the districts would be reapportioned after each census to ensure equal representation. She recognized that the charter does not provide a perfect solution, but the Study Commission feels it is a better solution than the current form of government. She then suggested that the charter would provide for a more efficient, more accessible, and more representative government than the current commission- manager form. Commissioner Frost questioned whether increasing the number of Commissioners would actually decrease anyone's workload. He noted that each Commissioner must prepare for each Commission meeting and must attend all Commission meetings, and that is a majority of the workload. He then recognized that campaigning within a district rather than in the entire community would decrease the demands on an individual. He suggested that the Study . Commission consider four districts, with one Commissioner from each, rather than the proposed structure. Mr. Jeff Krauss stated that the addition of two Commissioners would cost approximately $12,000 annually. He suggested that the increase in representation and access to government would be worth that small amount. 07-15-96 -------- - __ _____ ..__. n._ _____ -- - - 18 - Commissioner Frost then expressed concern about the additional duties proposed for the Mayor, noting that he has served under two Mayors who chose not to run again because of the additional demands and duties. He Questioned whether it will be possible for a Mayor under this proposed charter to work full-time while serving as Mayor. . Ms. Jennifer Mitchell responded that the additional duties are designed to increase the leadership ability of the Mayor. She noted that under the current form of government, an individual does not specifically run for the position of Mayor, but obtains it by receiving the highest number of votes. She suggested that a person running for the position of Mayor should do so by personal choice, not incidentally. She characterized the additional duties as minimal, noting that allowing for greater leadership ability is the Study Commission's intent. Mayor Stueck noted that, when running for Commissioner, one does not really fathom what is expected of the Mayor. He stated that it is not just the transition to Chair, but the additional ceremonial items, such as ribbon cuttings. Commissioner Frost observed that under the proposed charter, the Mayor nominates members to boards. He expressed concern that under that format, there is less opportunity for e the Commissioners to participate in the appointment process. except through not approving the Mayor's nominations. He stated that it takes a considerable amount of time to review the applications submitted, and this process seems to place an undue burden on the Mayor, unless that individual is willing to accept advice from the Commissioners. Ms. Jennifer Mitchell stated this provision was added in an effort to minimize appointments which result in a conflict of interest. Commissioner Youngman noted that at the present time, while each of the Commissioners may review all of the applications, typically they will concentrate on the applications for those boards in which they have the most interest. She stated that this process tends to decrease the burden on everyone while providing for a maximum amount of . information. She cautioned that shifting the entire burden to the Mayor may be inappropriate. Mr. Bob Kern suggested this concern could be addressed by stating in the charter that the Mayor will "coordinate" nominations. Commissioner Frost noted that when he became a Commissioner six years ago, the idea of having the City Attorney hired by the Commission was discussed. He then expressed 07-15-96 - 19 ~ concern about the potential of having an elected City Attorney, as suggested in the survey results. Mr. Carroll Henderson stated that the Study Commission talked to a number of attorneys about this issue, and those attorneys unanimously advised against having an elected City . Attorney. Commissioner Frost asked if the non-binding referendum on the City Manager is simply to provide input to the Commissioners. He noted that at the present time, the Commissioners gather a substantial amount of input because of the public talking to them on an individual basis. Responding to Mayor Stueck, City Attorney Luwe stated that under the proposed charter, the City of Bozeman would remain his office's client. He noted that the shift would be in who evaluates the City Attorney. Responding to additional questions from Mayor Stueck, Ms. Jennifer Mitchell stated that under the charter, the City Commission would be more aware of legal issues when they arise, rather than learning about them in the newspaper. She suggested that under this new . structure, it is possible some issues which current reach the court system would not. Responding to Mr. Krauss, City Attorney Luwe stated he is not always aware when a lawsuit is going to be filed. He noted that his office deals with disagreements and conflicts on a constant basis, and he cannot always identify which of those will result in a lawsuit. He indicated that, since the media routinely review court documents and since lawsuits are not always immediately served on the defendant, the potential will remain that a lawsuit may be reported in the newspaper before the City is aware of it. Mr. Bob Kern noted that this is the only city in Montana operating under the old commission-manager form of government. He recognized that there may be problems with the charter as it is proposed; however, he suggested that on the whole, it should allow for better . operation of the government. He further noted that the charter will allow local control over how the City operates, and it can be changed locally without requiring legislative changes in Helena. Commissioner Youngman raised questions about the statement under Section 2.21.2. (bl, which states that agenda items requested by the Mayor or any two Commissioners shall take precedence on the agenda. She asked that the Study Commissioners recognize there are 07-15-96 .-.--. - 20 - statutory timeframes for certain types of process that must be met, and it is not alwa- possible to immediately add an item requested by a Commissioner to the agenda. Ms. Joanne Eaton responded that this provision was added to the charter to ensure that items requested by Commissioners are not placed last on the agenda and then continued from . week to week because of the lateness of the meeting. She suggested that if an issue is important enough to be added by the Mayor or two Commissioners, it is important enough to be discussed at the meeting agenda on which it first appears. Commissioner Youngman noted that under Section 4.02, no member of a board may serve for more than seven years. While she recognizes the benefit of this term limitation, Commissioner Youngman stated she is concerned that there are times when a board position may remain vacant because there are no other applicants; and it would be preferable to appoint an incumbent who has served seven years to leaving the position open for lack of an applicant. She suggested that such flexibility be provided in the charter. Commissioner Youngman then noted that all meetings of all advisory boards are open to the public. She asked that the Study Commission ensure the provisions of Section 4.04 do not . preclude those advisory boards from calling special meetings on short notice when necessary. Ms. Mitchell noted that in the Butte newspaper, there is an entire section on government, and all committee meetings are reported in that section. Commissioner Rudberg stated that she has requested the Clerk of the Commission to list all upcoming committee meetings on the bottom of the weekly agenda, so that any interested parties may attend those meetings. City Manager Wysocki stated that the last two City Judges have expressed an interest in establishing a municipal court rather than a city court, and suggested that Section 3.30 be amended to allow for either one. City Attorney Luwe stated that when a city court decision is appealed to District Court, . a whole new trial is held. He noted, however, that when a municipal court decision is appealed to the District Court, the record of the trial is forwarded and the District Court decision is based on that record. He then stated that the City of Billings, which is a charter form of government with self-government powers, is considering an amendment to its charter to allow for a municipal court, since the charter was originally written for a city court. He suggested that, with more flexible language, such an amendment would not be necessary. 07-15-96 --...-- .. u_____ __.... _ -----. - 21 - City Manager Wysocki suggested that Section 5.01.5 be revised to specify that the designated interest rate applies only to internal dedicated funds or trust funds. Responding to the City Manager, Ms. Jennifer Mitchell stated that the Study Commission will conduct a public hearing on this tentative report on Wednesday, July 17; and at the July . 23 meeting, the Study Commission will complete the final revisions. She recognized that timing is important, since the ballot issue must be filed in the Clerk and Recorder's Office by August 1 for the November ballot. Responding to Commissioner Frost, Mr. Krauss stated that filing for Commissioner under the proposed charter would be no different from the current process under the present form of government. City Manager Wysocki suggested that Section 2.21.1.(b) be revised by deleting the word "within" prior to "five days". He noted that would clarify the time when requests for agenda items must be forwarded. Commissioner Rudberg characterized the tentative report as good, constructive criticism. She recognized that the voters in the community requested this review, and thanked the Study . Commissioners for their willingness to volunteer for this duty. She also recognized the thousands of volunteer hours that have been devoted to this effort and the struggles through which the Study Commissioners arrived at consensus, as reflected in this report. Mayor Stueck thanked the Study Commission for the presentation of its report. Staff reDort - annexation reauest for three Darcels totallinQ 16.438 acres located along east side of South Rouse Avenue. at Mason. Accola and Hoffman Streets extended (C&H Enaineering reDresenting William A. PhilliDS. G.K. Reiser and McRay Evans) City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items at Commissioner Frost's request. Commissioner Frost stated that, after the public hearings and decisions on Sundance . Springs, he made the statement that he cannot approve any more annexations or developments south of town and east of South Third Avenue until after the sewer main problems have been add ressed. He recognized that the wastewater facilities plan update is nearing completion; however, he emphasized that until the problems identified have been mitigated, he cannot support annexations. He noted that, while the annexation itself may not impact the system, there comes with it an anticipation of development, which will impact the system. 07-15-96 - - -. - -- ------ - 22 - Responding to Mayor Stueck, City Attorney Luwe stated that the Commission is not required to adopt the resolution of intent to annex the subject parcel; however, that decision would deprive the applicant of an opportunity for public hearing. Mayor Stueck stated that, while he recognizes Commissioner Frost's concerns, he feels . the public hearing should be conducted to allow the applicants an opportunity to forward their proposal. He stated that annexation does not automatically allow for development, citing the Martel property in that same area as an example of where apartment development has not been allowed until a lift station is installed for the sewer line. Commissioner Youngman stated she feels conducting a public hearing is appropriate, although she recognizes the number of problems which have been identified in the staff report. She expressed her interest in obtaining additional data about the sewer capacity in that area before making a decision on this annexation request as well as any future applications for zone map amendments or development of the property. She recognized that the information on the sewer capacity might be available by the August 19 date proposed for the public hearing, and suggested that the date might be set later to provide a greater opportunity for receiving that . data. Commissioner Rudberg noted that, even if the Commission conducts the public hearing on August 19, it does not need to make a decision at that time. Mayor Stueck cautioned that since this property is not currently annexed, the potential of it developing with septic systems exists. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission aCknowledge receipt of the staff report for the annexation of 16.438 acres located along the east side of South Rouse Avenue, at Mason Street, Accola Drive and Hoffman Drive extended, as requested by C&H Engineering, representing William A. Phillips, G.K. Reiser and McRay Evans. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. Commission Resolution No. 3129 - intent to annex three Darcels totalling 16.438 acres located along east side of South Rouse Avenue. at Mason. Accola and Hoffman Streets extended: set Dublic hearing for August 19. 1996 Included in the Commissioners' packets was a copy of Commission Resolution No. 3129, 07-15-96 - 23 - as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND . CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki reminded the Commission that he had removed this item from the Consent Items at Commissioner Frost's request. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 3129, stating the City's intent to annex 16.438 acres located along east side of South Rouse Avenue, at Mason Street, Accola Drive and Hoffman Drive extended, and setting the public hearing for August 19, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No being e Commissioner Frost. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Staff reDort - annexation reauest for Tracts A and B. COS No. 1872. and Tract 2, COS No. 1846. located in the SW~. Section 10. T2S. R5E. MPM (135 acres at northwest corner of Huffine Lane and Ferguson Road); Bozeman Athletic Club West) Commission Resolution No. 3128 - intent to annex Tracts A and B. COS No. 1872, and Tract 2. COS No. 1846. located in the SW~. Section 10. T2S. R5E, MPM (135 acres at northwest corner of Huffine Lane and Ferguson Road); set public hearina for Auaust 19. 1996 COMMISSION RESOLUTION NO. 3128 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, . THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3130 - levvina and assessina street maintenance district for FY97; set public hearina for Auaust 5. 1996 07-15-96 --- -- ..------ - 24 - COMMISSION RESOLUTION NO. 3130 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1997 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF . BOZEMAN. Commission Resolution No. 3131 -Ievving and assessing tree maintenance district for FY97: set public hearing for Auaust 5. 1996 COMMISSION RESOLUTION NO. 3131 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1997 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY~WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Authorize City Manaaer to sign - Amendment No. 2 to Professional Services Aareement ~ Maxim Technoloaies. inc. (formerly Chen Northern. Inc.) - hYdrogeological and enaineering consultina services at Landfill Authorize Mayor to sign - Construction Agreement with Montana Department of Transportation - intersection improvements [Proiect No. STPHS 1299(3)1 e Authorize City Manager to sian - Annexation Aareement with Steve McGouah - two parcels totallina 7.967 acres in the S%. NE~. and N%. SW%. Section 11. T2S. R5E. MPM (Wheeler Mobile Home Park. 2715 West Babcock Street) Commission Resolution No. 3132 - annexina two parcels totalling 7.967 acres in the S%. NE%. and N%. SW~. Section 11. T2S. R5E. MPM (Wheeler Mobile Home Park. 2715 West Babcock Street) COMMISSION RESOLUTION NO. 3132 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TRACTS OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE WHEELER ANNEXATION (FORMERLY REFERRED TO AS THE McGOUGH ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. Application for Catering license for Special Event - The Baxter Hotel Corcoration - Class of '76 Reunion for Manhattan High. to be held at Rick's Place. 35 West Kagy Boulevard. from 6:00 to 11 :00 p.m. on Saturday. JulY 20. 1996 Authorize City Manaaer to sign - Loan Aareement with REACH. Inc. - for $50.000 . loan from CDBG Revolving Loan Fund for construction of replacement residence for developmentallY disabled Authorize City Manager to sian - Change Order NO.1 - West College Street and South 19th Avenue Intersection Improvements . Schedule II - Scott Construction -add $700.00 and 4 calendar days Authorize City Manaaer to sign - Sanitary Sewer and Water Pipeline and Access Easement Agreement - with Farmhouse Partners--Bozeman limited Partnership - across Lots 2 and 3. Minor Subdivision No. 162 (Comstock Apartments. corner of Ellis Street and Haggertv Lane) 07-15-96 ....-...-...".--.--...-.-......-- . --.......---------. -....-..------- - 25 - Authorize City Manaaer to sign - Construction and Maintenance Aareement for Griffin Drive Road Imorovements - for widenina of Griffin Drive Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Recess - 5:27 o.m. Mayor Stueck declared a recess at 5:27 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 o.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the . scheduled public hearings and completing the routine business items. Public hearing - Commission Resolution No. 3125 - aoolication of AK SDecialties, Inc., for tax reduction under Section 15-24-1401, et sea., M.C.A., and Commission Resolution No. 2660 This was the time and place set for the public hearing on Commission Resolution No. 3125, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3125 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF AK SPECIAL TIES, INC., FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SED, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Mayor Stueck opened the public hearing. . Mr. Tony Knick, one of the business owners, stated they have requested tax reductions on two pieces of equipment which were recently acquired during expansion of the business. He noted that specific information on each of the pieces of equipment, which include a vertical machining center and a lathe, have been provided with the original application. He noted that one of these pieces of equipment was purchased this year and the other piece is not being acquired until next year. 07-15-96 .------ - 26 - At Commissioner Frost's request, Mr. Knick described the vertical machining centl characterizing it as a milling machine for the machining of metal and plastic parts. He stated that it is computerized and is programmed to make the desired pieces. Commissioner Youngman asked what benefits will be derived from the acquisition of . these machines and whether it will lead to employment of more people. Mr. Knick responded that, with the acquisition of this equipment, it is anticipated three or four people may be added, expanding the business to 24 hours per day; and there is a potential that one person will be hired to do programming only. Mrs. Dixie Swenson, Executive Director of Gallatin Development Corporation, noted that one of the issues to be considered when acting on a request for tax reduction is whether the expansion will result in bringing in business from outside the community. She stated that, in this instance, the acquisition of these two pieces of equipment is projected to result in 3/4 of the business revenues coming from outside the State. Responding to questions from the Commission, City Attorney Luwe stated that the application is for a tax reduction on both the vertical machining center and the lathe. He then . indicated that if the Commission approves this application, staff will bring back separate resolutions for each of the machines since they are being acquired in two different years. No one was present to speak in opposition to the requested tax reduction for new or expanding businesses. Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the application for tax reduction, as submitted by AK Specialties, Inc., and authorize and direct staff to bring back the appropriate resolutions for consideration and action. 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. Public hearina - Certificate of Accrocriateness with deviation from Section 18.50.060. Bozeman Municical Code. to allow new aarage to encroach 7 feet into the reauired 15-foot corner side yard setback on Lots 1-4. Block 18. Cacitol Hill Addition - Kraig and Megan Kemet. 402 West Cleveland Street (Z-9653) This was the time and place set for the public hearing on the Certificate of 07-15-96 - - - "...- - __..m ______.__ ---- _... ____. m..___ ___.....__ n_. .. - 27 - Appropriateness with deviation from Section 18.50.060 of the Bozeman Muni. ipal Code requested by Kraig and Megan Kempt, under Application No. Z-9653, to allow a new gar2 to encroach 7 feet into the required 15-foot corner side yard setback on Lots 1 through Block 18, Capitol Hill Addition. The subject site is more commonly located at 402 West . Cleveland Street. Included in the Commissioners' packets was a letter from Steven M. Coffee, representing the applicant, dated June 19, 1996, requesting that action on this application be deferred until later this summer. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission open and continue the public hearing on the Certificate of Appropriateness with deviation from Section 18.50.060 of the Bozeman Municipal Code as requested by Kraig and Megan Kempt, under Application No. Z-9653, to allow a new garage to encroach 7 feet into the required 15-foot corner side yard setback on Lots 1 through 4, Block 18, Capitol Hill Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and . Mayor Stueck; those voting No, none. Public hearing - Certificate of ADDroDriateness with deviations from Tables 18.65.050.B and 18.65.050.C. Bozeman MuniciDal Code. to exceed maximum total sign area allowed and maximum area allowed for a building wall sian on COS No. 655 - Marianne and Steve Liebmann. Langohr's Flowerland. 1100 South Tracy Avenue (Z-9639) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Tables 18.65.050.B and 18.65.050.C of the Bozeman Municipal Code, as requested by Marianne and Steve Liebmann, under Application No. Z-9639, to exceed the maximum total sign area allowed and the maximum area allowed for a building wall sign on Certificate of Survey No. 655. The subject property is more commonly known as 1100 South Tracy Avenue. . Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that, included in the Commissioners' packets, were photographs of the Langohr's Flowerland at 1100 South Tracy Avenue and the Langohr's Center at 102 South 19th Avenue. He stated that, under this Certificate of Appropriateness, the applicant proposes to improve the existing Flowerland 07-15-96 _..._. _______n___ . .. -- ----.--- - 28 - structure by replacing the existing asphalt shingles with a green standing seam metal roof, replacing the existing siding with 8-inch white ColorLok siding, replacing the existing entry canopy with a new entry facade, installing three new window units, and relocating the existing wall sign to the southwest facade of the structure. He stated that, with all of these changes, . the existing structure will look more like the new building on South 19th Avenue. The Senior Planner stated that staff has reviewed this application in light of the criteria for review of certificates of appropriateness and deviations, as set forth in the Bozeman Municipal Code; and the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He stated that the Design Review Board conducted its review of this application and, at its June 25 meeting, the Board forwarded its recommendation for approval, subject to five conditions. He reviewed those conditions, noting that four were forwarded by staff and one was added by the Board. He noted that the condition added by the Design Review Board requires that the new siding be extended around the southwest corner of the building, to the south side of the structure. He stated the applicants' argument is that the greenhouses on the south side of the structure provide a . natural break in the exterior of the building, and they would prefer not to extend the new siding around the corner. Senior Planner Skelton stated that the improvements proposed under this application will enhance the South Tracy Avenue streetscape along this property. He noted that no public testimony has been submitted in opposition to this application, while some testimony in support of the overall project has been received. He stated that, while this property is not listed on any historic inventories, it does have a significant historic background. He noted that this greenhouse has existed since 1898, and the residential area has grown up around it while recognizing the commercial nature of this site. Responding to Commissioner Frost, the Senior Planner stated that under the Design . Review Board's recommended conditions, the new siding is to be extended around the southwest corner of the building, along the south side of the building to the first greenhouse. No one was present to speak in support of or in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Certificate of Appropriateness with deviations from Tables 07-15-96 - 29 - 18.65.050.B and 18.65.050.C of the Bozeman Municipal Code, as requested by Marianne and Steve liebmann, under Application No. Z-9639, to exceed the maximum total sign area allowed and the maximum area allowed for a building wall sign on Certificate of Survey No. 655, subject to the following conditions: . 1 . That the applicants be granted the deviation to the zoning ordinance for the existing wall sign as long as it is not expanded, modified or illuminated, and that the applicants install the proposed brick landscape planter at the base of the sign located at the southwest corner of the west building facade; 2. That the applicants consider a color scheme that offers greater emphasis in recognition of the existing color palette of the remaining structure; 3. That the applicants obtain a Certificate of Appropriateness from the Planning Director prior to proceeding with the project; and 4. That the applicants obtain a building permit from the Building Inspection Division with one (1) year of final site plan approval, or this approval shall become null and void. 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. . ADDellate hearina - ADDeal of the DRC's Condition No. 23 for acproval of minor site clan to convert small masonry structure on Lots 16 and 17. Block D. Black's Addition. from a Drofessional office to a small bakery - Pete Stein for On the Rise (212 South Tracy Avenue) (Z-9642) This was the time and place set for the appellate hearing on the appeal of the Design Review Committee's Condition No. 23, requested for by Pete Stein for "On the Rise", under Application No. Z-9639, for approval of minor site plan to convert a small masonry structure on Lots 16 and 17 of Block D, Black's Addition, from a professional office to a small bakery. The subject property is more commonly known as 212 South Tracy Avenue. Mayor Stueck opened the appellate hearing. Assistant Planner Jody Olsen presented the staff report. She stated that the subject . property is zoned "B-3", Central Business, District. She indicated that this application was reviewed by the Development Review Committee and the Design Review Board. At the Design Review Board meeting held on June 11, they approved the application with some minor alterations to staff's recommended conditions. She stated that the Development Review Committee reviewed the application at four meetings and, on June 18, voted to approve the 07-15-96 ------------ ---...----.-- .--..- .-- -.- -.. -.-.... ~----- ... ..n. - 30 - application, subject to 23 conditions. She stated that this appellate hearing is being held on Condition No. 23 of that approval, which reads: "Egress from the site, other than through the alley, must be proposed. Revised site plans shall be submitted for review and possible approval by the City Engineer's Office, the Street/Sanitation Superintendent, and the Director of Public Service . before final site plan is submitted. Egress from the rear garage, where tenants of the basement apartment will park, shall be allowed into the alley." The Assistant Planner stated that the applicant has proposed a one-way drive off South Tracy Avenue, with six parking spaces being provided on the subject parcel, and exiting onto the alley. She noted there are two efficiency apartments in the basement of the building which exists on the property, and those apartments would remain under this application. The tenants of the apartments are to park in the garage and, under the conditions recommended by the Development Review Committee, would access the site from the alley. Assistant Planner Olsen stated that at the last Development Review Committee, both the Director of Public Service and the Street/Sanitation Superintendent expressed concern about the proposed egress onto the public alley, and the fact that the capacity of the alley is not sufficient for the proposed use. She stated that the Street/Sanitation Superintendent proposed . that the applicant work with the adjacent property owner to determine if it would be possible to install a driveway between the two lots, to access South Tracy Avenue again. She noted that one of the concerns expressed during the DRC review was the potential that motorists may choose to go through the parking lot across the alley and access South Black Avenue. The Assistant Planner stated that the applicant did explore the option suggested as well as other options, and found that none were viable or available. Assistant Planner Jody Olsen stated that during review of this application, the Planning Office received three letters in opposition to the project and seven letters in support. She then reviewed the process for conducting an appellate hearing and the options available to the Commission at the conclusion of the hearing. . Mr. Pete Stein, architect representing the applicant, stated that the zone code describes alleys as public ways; and many of the parking lots in Bozeman access onto alleys. He noted that, since alleys are public ways, the zone code does allow them to be used as primary accesses, not just secondary accesses, to properties. He recognized that this particular alley is constricted; however, he stated that constriction is due to private party encroachments into 07-15-96 .n. .___.__"u ___. .___...._._. .. .-..-- .----.-----.-..... - 31 - the alleyway. He asked that the condition under appeal be overturned, stating he does not feel the decision on this appeal should be impacted by private encroachments into the public alley. Ms. Jackie Swanson, 8601 Ricky Drive, stated that from a consumer's point of view, she is interested in seeing this proposed bakery open. She encouraged the Commission to overturn . the condition, stating she feels it is appropriate to allow this business to develop on the subject site. Ms. Ginger Parsekian, Pray, stated the applicants are working diligently to create a successful business. She encouraged the Commission to carefully consider and approve the appeal. Mr. John Wilson, owner of the subject property, stated that when he purchased the property, it was a rental property and not very well maintained. He noted that the applicants have just purchased the property from him; however, if the proposed business does not become a reality, he will get the property back, and it will once again become a residential rental property. He recognized that when the property was a rental, there were problems with both on- and off-street parking, loud music and parties. He cautioned that if this application . is not successful, this property will remain in residential use even though it is zoned for commercial use. Ms. Kate Maxfield, 426 North Tracy Avenue, applicant, stated that many people are moving to Bozeman because of its character; and part of that character is created by small businesses like this proposed bakery. She confirmed that she had pursued alternatives to exiting the site via the public alley, but none of the individuals were receptive to working with them. Ms. Maxfield stated that she measured the alley behind the subject property, and it was 19 feet wide. She compared the width of this alley to the 11 feet available for driving through the alley behind Owenhouse Hardware when vehicles are parked there. She suggested that, . based on a sense of fairness, she does not feel they should be denied use of the public alley between South Tracy Avenue and South Black Avenue because of encroachments. She emphasized that the proposed business will not generate a significant amount of traffic and, therefore, will not negatively impact the alley. Ms. Linda Tewalt, 217 South Tracy Avenue, expressed concern about the proposed use of the subject site. She characterized South Tracy Avenue as a substandard street that is not 07-15-96 -.---- ..-".--- .- -..-- -......- - 32 - adequate for the additional traffic this proposed use will create. She stated that the proposed on-site parking spaces will not be adequate to accommodate traffic coming to the site, and cars will then park on the already crowded street. She also expressed concern about how deliveries will be received, particularly if they park in the street and obstruct the flow of traffic. She . encouraged the Commissioners to remember that the intersections immediately north and south of the subject property have the highest accident rates in the community. Since there were no Commissioner objections, Mayor Stueck closed the appellate hearing. Responding to Mayor Stueck, Assistant Planner Olsen confirmed that one of the Development Review Committee's concerns was that traffic from this business might use adjacent parking lots to access the street. Commissioner Rudberg noted that one of the conditions of approval is that no obstruction of traffic will be allowed on South Tracy Avenue for loading or unloading of delivery vehicles. Mayor Stueck questioned why vehicles are allowed to angle park in the alley right-of-way, particularly when the area is designed for parallel parking only. . City Attorney Luwe stated that angle parking is a violation and should be cited. Mayor Stueck stated he feels it is unfair to not allow this applicant to use the alley because there are existing encroachments into the alley right-of-way. He noted the Development Review Committee's decision seems to be based on ensuring that traffic does not go through one parking lot, although it appears going through a different parking lot might be acceptable. He concluded by stating his support of the appeal. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission uphold the appeal, as requested by Pete Stein for "On the Rise", by overturning the Development Review Committee's Condition No. 23 of approval. 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. ADDointment to Bozeman Beautification Advisory Board ADDointments to Community Affordable Housing Advisory Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, announcing that no applications have been received for the vacancies on these boards. 07-15-96 ..-.".....----. ~---. . .---- "" --~- - -. . - 33 ~ ADDointment to Desion Review Board Following a brief discussion, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Rich Noonan as an architect member, to replace John DeHaas, with a term to expire on June 30, 1997. The motion carried by the . following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Rudberg. ADDointments to the Historic Preservation Advisorv Commission It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reappoint Linda Bell as a professional member, Terri Sullivan as the Main Street representative, and Anna Lee Purdy as an at-large member on the Historic Preservation Advisory Commission, with two-year terms to expire on June 30, 1998. 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. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Margaret Caven Heisick to replace Alice Fryslie as an at-large member, and appoint Judy Hammond to replace Duane Simon as a neighborhood representative on the Historic Preservation Advisory Commission, with two~year terms to expire on June 30, 1998. 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. Confirm aDDointments to City-County Planning Board (sDecific categories of aDDointments) . Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated July 11, 1996, asking for confirmation of the appointments to the City-County Planning Board. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission confirm the City's appointments to the City-County Planning Board, as follows: 07-15~96 - 34 - Name Position Expiration date Clark Babcock Official December 31, 1997 James Devitt Citizen December 31, 1996 Richard McConnen Official June 30, 1998 William G. Mitchell By-laws December 31, 1996 Sandra Lee Smiley Citizen June 30, 1998 . 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from the Engineering Department to property owners in the vicinity of the Emily Dickinson School, notifying them of a new "no parking" zone. (2) Copy of a memo from City Engineer Craig Brawner to the City Manager, dated July 8, responding to comments recently forwarded in a public hearing regarding staff. . (3) A late submittal regarding the Cafe Internationale application for a beer and wine license. (4) Copy of a map showing the area serviced by the Rae Sewer District. The City Manager stated that, given the extended distance of this area from any developments identified to be served by City sewer, he intends to direct staff to notify the Rae Sewer District that it is unable to connect to City sewer services at this time. (5) Notices of special meetings to be held at 4:00 p.m. on Tuesday, July 16, and at 7:00 p.m. on Thursday, July 18, for continued review of the City Manager's recommendations for the budget. (6) Copy of the class schedule for Career Transitions for the period August 5 through . September 4, 1996. (7) Memo from Assistant City Manager Brey, dated July 15, forwarding a complaint about the MSU residential parking district. (8) Copy of the letter from the Bozeman City Government Study Commission to Mayor Stueck, dated June 25, regarding the budgeting of monies for the November election. 07-15-96 --------------..-- ------ - -- - ------ ---- --- -- ..-----.----..,..-. -'.- - 35 - (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 16, in the Commission Room. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 16, in the Commission Room. . (11 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 16, at the Courthouse. (12) The City Manager submitted his weekly report, as follows. (1) Stated that last week, there were ten hearings before the Water Court regarding water rights, at which the City's objections were forwarded by Director of Public Service Forbes. (2) Announced that many of the telephones in the City Hall switch have been out today because of a bad card. (3) Reminded the Commissioners of the Interagency Breakfast scheduled for 7:00 a.m. on Wednesday, July 17, at Bridger Bar-B-Q. (4) Met with representatives from the Humane Society regarding their current operation and their interest in finding more acreage for a larger facility. (5) Attended the Parking Commission meeting on Thursday morning, at which one of the issues under discussion was a progressive fine schedule for parking tickets. (6) Attended . the ribbon cutting ceremonies for the multi-family portion of the Human Resource Development Council's affordable housing project at the intersection of North 24th Avenue and West Babcock Street. (13) Commissioner Rudberg submitted the following. (1) Attended the Development Review Committee meeting and Design Review Board meeting on Tuesday. (2) Met with representative from Montana People's Action on Friday. (3) On Friday, spent a portion of the day with Assistant Planner Christopher Williams and Zone Code Enforcement Officer Roy Beall, visiting with businesses which have illegal signs. She noted that the list of 117 illegal, non- conforming signs has been drastically reduced. (4) Attended the ribbon cutting ceremonies for the HRDC multi-family housing project. . (14) Commissioner Stiff submitted the following. (1) Attended the meetings of the two boards at the Senior Center this morning. (2) Asked if the issue of parking along South 11th Avenue is to be placed on an upcoming agenda for discussion; the City Manager responded that it will be. (3) Received a complaint from Mr. Joe McKay, 401 South Third Avenue, that the trees along West Koch Street adjacent to his property have not been trimmed; and one of them is beginning to damage his roof. 07-15-96 ---------- _____u _.. - 36 - (15) City Attorney Luwe stated that approximately four years ago, he considered forwarding an ordinance regarding hate crimes to the Commission, but did not do so because no problem seemed to exist. He noted that over the July 4 week, an incident of hate crime did surface; and he will monitor the situation to determine whether adoption of such an ordinance . should be considered. ( 16) Clerk of the Commission Sullivan reported that the bad card in the telephone switch was replaced after the end of today's business day, and the system seems to be working. (17) Mayor Stueck submitted the following. (1) Reminded the Commissioners of the ribbon cutting at the newly remodeled and expanded Bon Marcha, which is scheduled for 9:30 a.m. on Saturday, July 20. (2) Attended the ribbon cutting ceremonies at the HRDC multi- family units on Friday afternoon. Adiournment - 8: 1 0 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be . adjourned. 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. LO~t/J~ DON E. STUECK, Mayor ATTEST: r;~ of k~ ROBIN L. SULLIVAN Clerk of the Commission . 07-15-96