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HomeMy WebLinkAbout1989-10-16 ,/ ..... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 16, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 16, 1989, at 2:00 p.m. Present were Mayor Stiff, Com- missioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Acting City Manager Gamradt (for the afternoon session), City Attorney Becker 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 - October 10 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of October 10, 1989 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - enforcement of the conditions for the Conditional Use Permit for Cind esigns, 615 ast Mendenha treet Acting City Manager Gamradt submitted to the Commission a memo from the Planning staff, along with a letter from the applicant. Planner Ron Brey briefly highlighted the history of this conditional use permit. He noted that in July 1988, the City Commission approved the application submitted by Michael Houlton for Cindy Owings Designs to allow a caretaker's residence in the structure at 615 East Mendenhall Street, which is located in an M-l zone. He noted the applicant was al- ready occupying the premises at the time the application was submitted; therefore, the Commission imposed an accelerated timeframe on installation of the improvements attached to approval of the permit. The Planner stated that in May 1989, the staff sought compliance with the conditions for approval of the conditional use permit; however, the improvements were not installed by the July 15 deadline agreed to by both parties. Planner Brey stated that the business has recently undergone organizational tur- moil with the partnership, which existed at the time of approval, being dissolved. He stated that the staff is now working with a different member of the partnership; and she was led to believe that all necessary improvements had been made. She has indicated a willingness to comply, but has further indicated that financial difficulties will not allow her to make 10-16-89 -..~ " ;".~ 'r , . - 2 - the improvements or provide financial security at the present time. She is willing to sign the waiver of protest for improvements to the alley and is willing to install the other im- provements when financially able to do so. Planner Brey reminded the Commission that this item was submitted to the Commis- sion on August 21, 1989, at which time they allowed forty-five days for completion of the conditions; however, that has not been done, as noted above. He stated that following discussions, the staff feels it would be appropriate to turn this matter over to the City Attorney so he can pursue compliance with the conditions. He indicated that if not suc- cessful in obtaining compliance, staff will pursue a cease and desist order or revocation of the conditional use permit. Commissioner Hawks asked if it would be possible for the City to contract for ser,.. vices to install the required improvements and then place a lien on the property. He noted that process would avoid a need to pursue a cease and desist order in the future. Planner Brey indicated he would need to check the legality of that possibility, not- ing he feels that might be an option. Commissioner Vant Hull submitted a rhetorical question, asking why the City is be- ing so restrictive on this applicant when it wasn't on other applicants such as Life Link. She further noted that in this situation, splitting of the partnership has not yet been re- solved. Commissioner Martel noted that the policy for conditional use permits has beenes- tablished. He further noted that this use was in existence at the time of application; and the City approved the appl ication in good faith. He suggested that financial security for installation of improvements should be sought. He then stated, however, that he does not support Commissioner Hawks' suggestion that the improvements be installed and a lien placed against the property, noting that could establish a dangerous precedent. Commissioner Goehrung asked if the applicant has been involved in discussions on this conditional use permit; the Planner responded she has been present at most of the meetings. Mayor Stiff stated he has no problem with allowing staff to work with the applicant in this situation; however, he did register concern about establishing a precedent. Planner Brey stated he feels there are extenuating circumstances in this case which would not be present in other instances. He noted that in this case, the applicant has in- dicated a willingness to comply; therefore, he does not feel revocation should be pursued at this time. Commissioner Martel expressed concern that the appl icant indicated in August that the improvements could be installed in thirty days. She was given an extension of forty- five days at that time, upon recommendation from the City Manager; and she has still not 10-16-89 , ... .. " f . I - 3 - met the conditions. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission turn enforcement of the Conditional Use Permit for Cindy Owings Design to allow a caretaker residence at 615 East Mendenhall Street over to the City Attorney for action and any further recommendations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Update re planning process - Andy Epple and Roger Craft Acting City Manager Gamradt reminded the Commission that the Planning staff has expressed a desire to provide a weekly update on the planning process in an effort to keep the Commission informed. Planning Director Andy Epple distributed to the Commission copies of the com- pilation of public comments received concerning the draft zone code, dated October 6, 1989; Director of Public Service Forbes' comments concerning the draft master plan, dated September 29, 1989; and the ad hoc implementation committee's response, dated October 12, 1989, which was forwarded to BRW, concerning the draft master plan and capital improve- ment plan. Mr. Roger Craft, member of the ad hoc implementation committee, distributed to the Commission a proposed timeline for public hearings on the master plan, capital improve- ments plan and zone code, as drafted by the consultants. Mr. Craft stated the ad hoc implementation committee will meet on Wednesday morn- ing to finalize comments to be forwarded to the consultants so they can make the needed conceptual changes in the second draft of the zone code. He then stated that on October 27, the consultants are to forward the second draft of the zone code as well as the final draft of the master plan and capital improvement plan to the City. Comments on the sec- ond draft of the zone code are due in Denver by November 10; and the final draft of that document is to be forwarded to the City on November 24. Mr. Craft stated that under the proposed timeline, a special City-County Planning Board meeting is to be scheduled for a public hearing on adoption of the master plan and capital improvement plan; and a public hearing is scheduled for December 5 on adoption of the zone code. The hearings before the governing bodies are then scheduled for Decem- ber 11 before the City Commission and December 12 before the County Commission, with these hearings to be held on the master plan, capital improvement plan and zone code. Mr. Craft stated it is the committee's recommendation that any proposed changes resulting from the hearings before the City-County Planning Board be reduced to writing before the public hearings before the governing bodies so that they can be considered rather than 10-16-89 . " ..:I 1 'f I - 4 - written during those hearings. Mr. Roger Craft stated that Mr. Don Hunt, BRW, has indicated that the consultants can meet this timeframe as proposed. He then stated that the contract with the consul- tants does not cover the entire time period and requested authority to extend the contract through November 24 to coincide with this schedule. He indicated that this change in con- tract will only extend the time and not change the dollars involved. Commissioner Vant Hull suggested that holding a joint hearing by the City Commis- sion and County Commission would be more beneficial than separate hearings by both gov- erning bodies, because it would allow both to receive the same testimony. She then sug- gested the hearing could be held on either Monday or Tuesday. Commissioner Martel noted the City Commission should approach the County Commis- sion to determine if they are interested. He also noted that an evening meeting should be encouraged. Mayor Stiff noted that the zone code is a City issue. Mr. Craft concurred. He noted, however, that the zone code and the master plan are so closely tied together that a change in one document might trigger a change in the other. Mayor Stiff asked if there was a consensus; and the Commission concurred that a joint evening meeting with the County Commissioners should be pursued. Mayor Stiff then asked if the sign code and historic preservation section are to be considered separately from the zone code, as previously decided. Mr. Roger Craft stated that if the sign code and historic preservation section can be completed in final draft form by the time the public hearings are held, he feels they should be included. He then indicated that the historic preservation section has been re- written locally and has been distributed to the ad hoc implementation committee for review and comment. He noted that copies of this document will also be distributed to the Com- mission as soon as possible. Mr. Craft then stated the sign code is a major component of the zone code; and it would be beneficial to include it in the public hearing if at all possi- ble. Mayor Stiff expressed concern about trying to include these sections in the public hearing on the zone code, particularly after the Commission made a conscious decision to hold them until later. He further expressed concern that the ad hoc sign committee and the City staff may be pressured too much to meet the timeline established; and he would prefer to wait until they have a document with which they are comfortable. Mr. Craft suggested it would be preferable to include those two sections with the remainder of the zone code; and he encouraged that the process move forward with those sections included at this time. He noted that if it becomes evident within the next three 10-16-89 I'r \ r' r 'f f - 5 - to four weeks that there is not adequate time to develop acceptable documents upon which to conduct the public hearing, those sections could then be deleted from the initial public hearing process. In response to a question from Commissioner Goehrung, Planner Ron Brey stated he has set aside the sign code and concentrated on the master plan and zone code. He stated that a number of philosophical issues must be addressed by the committee, as well as dif- ferences in content between the draft they prepared and the one prepared by the consul- tants. The Planner then stated he is not certain that the ad hoc sign committee could de- velop a draft sign code with which they are comfortable prior to the scheduled public hearings. He further indicated he does not have sufficient time to do a comprehensive re- view of both the zone code and the sign code between now and the public hearings. Commissioner Goehrung suggested that if the sign code and historic preservation section are to be included in the zone code, he feels a separate City Commission hearing should be held on those, but that a joint hearing should be held with the County Commis- sion on the master plan and capital improvement plan. I n response to a question from Commissioner Martel, Mr. Craft indicated the consul- tants will not be present at the public hearings, noting that was not a part of the con- tract. He then indicated that if the Commissioners wish to have the consultants present, it could probably be arranged on a fee basis. Mayor Stiff stated he has not yet seen drafts of the sign code and historic preser- vation section; and he does not feel prepared to address those items as a part of this proposed timeline. The Mayor once again noted that the ad hoc sign committee and Plan- ning staff should be given adequate time to review and propose changes in the document so they are comfortable with the process and don't feel like it has been pushed on by them. In response to a question from Mayor Stiff, Planner Brey stated the ad hoc sign committee is prepared to step back into the process when needed. He noted they had not finally approved the draft which they had prepared, but were waiting for staff to finalize portions of it and review the document to ensure its legality. He stated that to date he has given them no indication of when they would need to begin review of the draft docu- ments, since he had been given no message to convey. Mr. Craft stated he feels it would be most beneficial if all of the documents could be considered at one time, particularly since they are so intertwined. He then stated that it must be recognized that it will take probably two years to get the documents and pro- cesses totally refined and working properly. Planning Director Epple stated the staff is doing their best to work within the timeframe proposed. He noted it will be very difficult for them to accomplish review of all 10-16-89 "\ . ...' T t - 6 - of the draft documents in a manner which provides a good comfort level. Mr. Craft stated that an advertisement for the public hearings must be published fifteen days prior to the date of the hearings; therefore, he needs a response on what is to be included in time to meet that deadline. He noted that the advertisement for the public hearing on the zone code before the City-County Planning Board must be published not later than November 20 if it is to be held on December 5. Following an extensive discussion of various options available, the Commission con- curred that the public hearings before the City Commission should be held prior to the end of the calendar year so Commissioner Vant Hull can be actively involved. They fur- ther concurred that if it appears more than one hearing is needed, the documents should be spl it by topic or section rather than separating the documents one from the other, since they are so intertwined. They further concurred that the final decision on whether to include the sign code and historic preservation section in the public hearings process is to be made at the November 6 City Commission meeting. B rea k - 3: 20 to 3: 25 p. m . Mayor Stiff declared a break from 3:20 p.m. to 3:25 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Ordinance No. 1283 - extendin the hours of la for live card ames authorized b the State of Montana rom 2:00 a.m. to 8:00 a.m. as authorized ection 23-5-307, MC Acting City Manager Gamradt presented Ordinance No. 1283, as prepared by the City Attorney, entitled: ORDINANCE NO. 1283 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE HOURS OF PLAY IN THE CITY OF BOZEMAN FOR LIVE CARD GAMES AUTHORIZED BY THE STATE OF MONTANA FROM 2:00 O'CLOCK A.M. TO 8:00 O'CLOCK A.M. AS AUTHORIZED BY SECTION 23-5-307, MONTANA CODE ANNOTATED, AND REPEALING SECTION 13 OF ORDINANCE NO. 1117, SECTION 2 OF ORDINANCE NO. 1159, SECTIONS 3, 4,5 AND 6 OF ORDINANCE NO. 1181, AND ORDINANCE NOS. 1112, 1132, 1186,1207,1236 AND 1257. The Acting City Manager reminded the Commission that this ordinance was provi- sionally adopted at the October 2 meeting. He then recommended that it be finally adopt at this time. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1283, extending the hours of play for live card games within the city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Goehrung and Commissioner Vant Hull. 10-16-89 . . ,. T' ~ I - 7 - Ordinance No. 1284 - adopting by reference the 1988 Edition of the Uniform Code for the Abatement of Dangerous Buildings Acting City Manager Gamradt presented Ordinance No. 1284, as prepared by the City Attorney, entitled: ORDINANCE NO. 1284 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 1988 EDITION OF THE UNI- FORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS PROVIDING FOR THE PROPER LEGAL STEPS IN ABATING DILAPIDATED, DEFECTIVE BUILDINGS WHICH ENDANGER LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY, OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS; AND AMENDING CHAPTER 15.24 OF THE BOZEMAN MUNICIPAL CODE AND REPEALING ORDINANCE NO. 1205, AND PROVIDING A PENALTY FOR VIO- LA TION THEREOF. The Acting City Manager stated that this item, as well as the following six agenda items, involve adoption of codes written at the national level and adopted as submitted or revised at the State level. He reminded the Commission that these codes must now be adopted at the local level, as they were adopted at the State level. He noted that during provisional adoption of these ordinances at the October 2 Commission meeting, several questions were raised. He then noted that a memo addressing those questions was submit- ted in the Commissioners' packets. The Acting City Manager stated adoption of these codes should not impact historic preservation efforts or low-income housing. He then indicated that the fee structure for the plumbing code is not significantly different from that adopted by the State; and the City.s will prevail since it is adopted as a part of this ordinance. He further noted that it appears no conflicts have arisen locally between the Uniform Building Code and CABO One and Two Family Dwelling Code to date. Acting City Manager Gamradt then recommended that the Commission finally adopt Ordinance No. 1284. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1284, adopting by reference the 1988 edition of the Uniform Code for the Abatement of Dangerous Buildings. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. reference the 1988 Edition of the Uniform Buildin Code 3, 32, 49, 53 an 55 Acting City Manager Gamradt presented Ordinance No. 1285, as prepared by the City Attorney, entitled: ORDINANCE NO. 1285 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 10-16-89 . . ". > . i - 8 - MONTANA, ADOPTING BY REFERENCE THE 1988 EDITION OF THE UNIFORM BUILDING CODE WITH APPENDIXES CHAPTERS 7, 12, 23, 32, 49, 53 AND 55, AND THE 1988 EDITION OF THE UNIFORM BUILDING CODE STANDARDS REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERA- TION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCU- PANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN THE JURISDICTION OF THE CITY OF BOZEMAN; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENAL TIES FOR VIOLATIONS THEREOF, REPEALING ORDINANCE NO. 1202 OF THE CITY OF BOZEMAN AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCE IN CON- FLICT THEREWITH. The Acting City Manager reminded the Commission this ordinance was provisionally adopted on October 2 and recommended that it be finally adopted at this time. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1285, adopting by reference the 1988 edition of the Uniform Bui Iding Code with Appendixes Chapters 7, 12, 23, 32, 49, 53 and 55. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. (7) Acting City Manager Gamradt presented Ordinance No. 1286, as prepared by the City Attorney, entitled: ORDINANCE NO. 1286 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 1B OF ORDINANCE NO. 1259 BY REPEAL- ING MONTANA AMENDMENTS TO THE 1987 NATIONAL ELECTRICAL CODE AS SET FORTH IN SECTION 8.70.402(3) AND (7) OF THE ADMINISTRATIVE RULES OF MONTANA. The Acting City Manager reminded the Commission this ordinance was provisionally adopted on October 2 and recommended that it be finally adopted at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1286, adopting by reference the 1987 National Electrica I Code and repealing Montana amendments as set forth in Section 8.70.402 (3) and (7) of the Administrative Rules of Montana. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Ordinance No. 1287 - adopting by reference the 1988 Edition of the Uniform Housing Code Acting City Manager Gamradt presented Ordinance No. 1287, as prepared by the City Attorney, entitled: 10-16-89 ~._- -~ - - - - . , .. r j - 9 - ORDINANCE NO. 1287 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 1988 EDITION OF THE UNIFORM HOUSING CODE AND PROVIDING FOR VIOLATIONS THEREOF. The Acting City Manager reminded the Commission this ordinance was provisionally adopted on October 2 and recommended that it be finally adopted at this time. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission finally adopt Ordinance No. 1287, adopting by reference the 1988 edition of the Uniform Housing Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1288 - adopting by reference the 1988 Edition of the Uniform Mechanical Code Acting City Manager Gamradt presented Ordinance No. 1288, as prepared by the City Attorney, entitled: ORDJ NANCE NO. 1288 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 1988 EDITION OF THE UNIFORM MECHANICAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, RE- PAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS, OR THEIR MISCELLANEOUS HEAT-PRODUCING APPLIANCES IN THE JURISDICTIONAL LIMITS OF THE CITY OF BOZEMAN, MONTANA; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENAL TIES FOR THE VIOLATION THEREOF; AND AMENDING ORDINANCE NO. 1204 OF THE CITY OF BOZEMAN AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLI CT THEREWITH. The Acting City Manager reminded the Commission this ordinance was provisionally adopted on October 2 and recommended that it be finally adopted at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Ordinance No. 1288, adopting by reference the 1988 edition of the Uniform Mechanical Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Ordinance No. 1289 - adopting by reference the 1988 Edition of the Uniform Plumbing Code Acting City Manager Gamradt presented Ordinance No. 1289, as prepared by the City Attorney, entitled: ORDI NANCE 1289 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 15.16 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY BY REGULATING THE ERECTION, INSTALLATION, ALTERATION, ADDI- 10-16-89 ~ t ,. 1 J - 10 - TION, REPAIR, RELOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM IN THE CITY OF BOZEMAN, MONTANA; ADOPTING BY REFERENCE THE 1988 UNIFORM PLUMBING CODE; AMENDING SECTION 2 OF ORDINANCE NO. 1203; REPEALING SECTION 1 of ORDINANCE NO. 1203; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The Acting City Manager reminded the Commission this ordinance was provisionally adopted on October 2 and recommended that it be finally adopted at this time. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1289, adopting by reference the 1988 edition of the Uniform Plumbing Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrun9 and Mayor Stiff; those voting No, none. Ordinance No. 1290 - adoptin9 by reference the 1986 CABO One and Two Family Dwelling Code, together with its 1987-1988 Amendments Acting City Manager Gamradt presented Ordinance No. 1290, as prepared by the City Attorney, entitled: ORDINANCE NO. 1290 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 1986 CABO ONE AND TWO FAM- IL Y DWELLING CODE, TOGETHER WITH ITS 1987-1988 AMENDMENTS; AND REPEALING ORDINANCE NO. 1245, AND PROVIDING A PENALTY FOR VIO- LATION THEREOF. The Acting City Manager reminded the Commission this ordinance was provisionally adopted on October 2 and recommended that it be finally adopted at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1290, adopting by reference the 1986 CABO One and Two Family Dwelling Code together with its 1987-1988 amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointment of sub-committee to review pledged securities as of September 30, 1989 Acting City Manager Gamradt reminded the Commission that the pledged securities must be reviewed on a quarterly basis according to State Statute. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that Commissioner Martel and Commissioner Goehrung be appointed to review pledged securities as of September 30,1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrun9, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No, none. 10-16-89 ~ 1 "" t . - 11 - Discussion - topics for fifth Monday discussions on October 30 Acting City Manager Gamradt reminded the Commission they had requested this item be placed on the agenda. Mayor Stiff asked the Commissioners to list the topics they would like to address during the fifth Monday discussions. Commissioner Goehrung indicated a desire to submit a summary of two of the work- shops held at the Center for the Improvement of Public Management, held in Colorado in August. He indicated his presentation will take approximately fifteen minutes, then he will respond to any Commissioner involvement. He also suggested that if the Commissioners wish, they may contact County Commissioner Jelinski individually to obtain her viewpoints after this presentation. Commissioner Hawks stated he will introduce a highly technical discussion concern- ing issuance of building permits and failure to issue closing permits, and alternative cor- rective methods, at the ad hoc implementation committee in the near future. He suggested that such a discussion should also be held with the Commission on October 30, noting that input from staff could be beneficial. Commissioner Vant Hull suggested that the Commissioners share opinions on various elements contained in the draft documents prepared by the consultants. She cited as ex- amples the building height restrictions and length of time for appeal. Commissioner Martel requested a report on the number of dog and cat licenses is- sued this year to determine if this enforcement has been effective. The Commissioner also asked for a report on enforcement of the weed cutting ordinance, noting the lot on North 7th Avenue which had been occupied by Milam's Greenhouse, as well as some of the City parking lots, have weeds that have not been cut and which are in violation of the ordi- nance. He asked for statistics on the number of warnings or citations issued for this pro- gram during the summer. The Commissioner suggested that the Commission may wish to pursue with the City Judge the possibility of requiring work-offs for those who are unable to pay fines and forfeitures. He noted those individuals would be required to do physical labor in the parking lots to minimize those weed problems. Commissioner Goehrun9 asked for an update on Director of Public Service Forbes' ideas concerning solid waste disposal. Mayor Stiff suggested that discussion be held on the transportation plan update, noting staff may not be prepared to address this issue. He further noted that the High- way Department is capable of contributing $30,000 toward this $80,000 project if the City is prepared to move forward; and he feels the item should be addressed before the Decem- ber TAC/PCC meeting. The Mayor then requested that discussion of a policy concerning sister cities be 10-16-89 ---- --~ , , .. t ~ - 12 - placed on the agenda. He noted the policy has not yet been established; and he feels it should be to ensure the City, and City officials and employees, are not placed in untena- ble situations. Commissioner Hawks requested a clarification on the City's policies concerning street parking restrictions. Mayor Stiff suggested that each of these items, except Commissioner Goehrung's re- port, be allotted a fifteen-minute timeframe. The Mayor then requested this item be placed on next week's agenda for further discussion and City Manager's input. Discussion - FY I Items Acting City Manager Gamradt presented to the Commission the following "For Your Information" items. (1 ) A letter from Rocky Mountain Development Council, dated October 5, 1989, announcing a two-hour seminar on the "1990 Community Achievement Award" to be held on November 9 from 1 :00 p.m. to 3:00 p.m. (2) A copy of a letter dated October 12, 1989, from Mayor Stiff to Mrs. Annette Osen concerning the agricultural building recently constructed on Mark Duffy's property. (3) A copy of a form letter from Dan Davis concerning the building constructed on Mark Duffy's property. (4) Commissioner Hawks expressed concern about the 45-mile-per-hour speed limit on East Main Street, particularly as it intersects with Highland Boulevard and Haggerty Lane. He then expressed a desire for the Commission to write a letter to the State High- way Department requesting that the speed be reduced in that area. Mayor Stiff suggested that action on this item not be taken until City Manager Wysocki has had an opportunity to become involved. (5) Commissioner Hawks noted that two-hour parking signs have been installed along North 10th Avenue and West Mendenhall Street to accommodate the Driver1s Ex- amination Center, which recently relocated to that area. He noted that previously profes- sionals were required to seek off-street parking spaces to meet their parking require- ments. (6) Commissioner Vant Hull distributed copies of an editorial from the July- August 1989 edition of the Environmental Action magazine. She noted it is important to maintain pleasant green places in a community which people can reach without getting into cars. (7) Commissioner Vant Hull distributed copies of three newspaper articles, two of which were in today's edition of the Billings Gazette. She noted one article is about an evacuation caused because of problems in a pizza plant. She stated the second article 10-16-89 i , 1" i - 13 - concerns annexation of islands of land in Billings, questioning 'why Bozeman can1t annex its islands. She noted the third article, entitled "Cops claim city unfair", indicates that other cities encourage enforcement of speed limits, suggesting the same should be done lo- cally. She cited South Willson Avenue, Mendenhall Street and East Main Street as exam- ples of areas where enforcement should be increased. Consent Items Acting City Manager Gamradt presented to the Commission the following Consent I terns. Proclamation - "United Nations Da~" - October 24, 1989 Proclamation - ""Red Ribbon Week - October 22-29, 1989 A I ication for tem orar beer license - Montana Telemark Corporation - UC ui '"g - November 11, 1989 Claims It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Recess - 3:52 p.m. Mayor Sti ff recessed the meeting at 3: 52 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled publ ic hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearin ore, et al. and n Addition section 0 This was the time and place set for the public hearing on the Zone Map Change from R-2, Residential--Single-family, Medium-density, to R-O, Residential--Office, on Kilgore's Tract 1 and Lots 4A, SA, 7A, 8, 9, 10, 11 and 12 of Block C of Marwyn Addi- tion. The subject property is more commonly located immediately southwest of the inter- section of Highland Boulevard and East Main Street. City Attorney Becker stated the Commission has received a memo from the Planning staff indicating that the applicant has submitted a letter of withdrawal of this appl ication. He then recommended that the Commission acknowledge receipt of withdrawal of the appli- cat ion. 10-16-89 i , I l' , - 14 - It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the letter of withdrawal for this application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Kincaid for Kwik Wa , Inc. located on Lot 1, lock 6; This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Dennis and Dorothy Kincaid for Kwik Way; Inc., to allow operation of a pizza business in an existing structure located on Lot 1, Block 6 of Thompson's Fourth Addition. The site is more commonly known as 123 West Kagy Boulevard, and is located at the northeast corner of the intersection of Kagy Boulevard and South Willson Avenue. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the staff report. He stated that this application would allow a pizza delivery service, with restaurant facilities to accommodate sixteen peo- pIe; to relocate to the old Kwik Way site at 123 West Kagy Boulevard. He noted that ac- cess to the site would remain at the present curb cut location on West Kagy Boulevard. He stated that in a 1976 memo from former City Engineer Arthur Van't Hul to former Plan- ning Director Paul Bolton, the Engineer indicated that access to this site from Kagy Boule- vard would be preferable to access from South Willson Avenue. Planner Skelton stated one concern raised by the Zoning Commission was the visual sight triangle at the intersection of West Kagy Boulevard and South Willson Avenue. He noted that the landscaping plans indicated that a portion of the landscaping in the sight triangle is to be removed, which will address that concern. Planner Dave Skelton stated that in 1976, Kwik Way received a conditional use per- mit to construct the existing building for use as a convenience store. The business was in operation until 1988; and the building has been vacant since that time. He indicated that under this application, the use of the structure would be changed to a pizza delivery service. Planner Skelton stated the staff reviewed this application, based on the six criteria for review of conditional uses. He noted that concerns included slight realignment of the driveway and elimination of one parking space as well as additional landscaping and buffer- ing along the northwest corner of the property. He stated that conditions to address those concerns have been developed for approval of the application; and the appl icants have agreed to those conditions. Planner Skelton stated that the subject property is located in a 8-1- T, Neighbor- 10-16-89 .' ~. - " , r ", - 15 - hood Business with a Transitional Overlay, district. It is the only lot within the district which is not a part of the Southwood Planned Unit Development. He noted one of the is- sues raised at the Zoning Commission meeting was the use of appropriate architectural treatment to bring the existin~ structure more into conformance with the Southwood Planned Unit Development. Planner Skelton then distributed to the Commission copies of the architectural elements contained in the Land Use Development Guidelines of the Southwood Planned Unit Development, reviewing them as follows: 1. Low maintenance exterior materials compatible with period architec- ture; including brick, stucco (Dryvit), 8-inch or less lap siding of primed hardboard, vinyl, cedar or redwood, or wood vertical board and batten. 2. Pitched roofs with textured materials; cedar shingles or shakes, or three-tab asphalt textured shingle with grey tones. Flat roofs shall be permitted on minor elements such as canopies or mechanical enclo- sures, or on major structures if a pitched facade is applied to give the appearance of steep pitch. 3. Window muttins (horizontal and vertical grills) with strong lines on street side to give "homey" look (1/2-inch minimum widths). Grills are not required on windows not on street side of building. 4. Strong detail on windows, facia and corners, with only subtle color changes in trim elements. The Planner reminded the Commission that these guidelines are for the Southwood Planned Unit Development; therefore, this project cannot be required to meet them. He noted, however, that the applicants have indicated an interest and desire to meet the spirit of all the guidelines except the steep pitched roof. He noted the applicants have indicated that the costs involved in installing a steep pitched roof, along with the attendant mech- anical system problems it would cause, would make the project not viable. Planner Skelton then briefly reviewed the conditions, as recommended by the Zoning Commission, for approval of this application. He indicated that, to date, the Planning of- fice has received no input from the public in the surrounding area in support of or in op- position to this application. Mr. Robert Lee, representing the applicants, indicated this has been a difficult ap- plication to prepare since the site is located in a 8-1- T zone and there are no guidelines for the district. He reminded the Commission that this application is for a change of use in an existing building, not for a new structure which could be built in conformance with the guidelines for Southwood Planned Unit Development. He stated that Mr. and Mrs. Kincaid have indicated a desire to make the building more interesting and have discussed various options for doing so, which would be in keeping with the spirit of the Southwood PUD. Mr. Lee then stated that the heating and venti lation systems are currently installed on the roof. He indicated that to install a pitched roof would require relocation of those units; and the cost would be $25,000 to $30,000. He indicated that the applicants have 10-16-89 . f ~. .' L .- \ - 16 - expressed an interest in considering a pitched roof option at the time reroofing is required; however, that will not occur for a few years. Mr. Lee then addressed the issue of making this structure look more like those in the Southwood Planned Unit Development. He reminded the Commission that the subject site is screened from the Southwood PUD by aspen trees. He further noted that the first two buildings constructed in the Southwood Planned Unit Development, which are closest to the subject structure, were constructed before the land use development guidelines were implemented; and the only similarity they have with the new buildings is the pitched roof. Mr. Robert Lee stated that the siding on the old Kwik Way building is low mainte- nance. He noted it has been painted very few times in thirteen years; however, it has retained a good appearance. He noted that grills could easily be installed in the windows; and detailing on the windows and corners of the structure could visually change the struc- ture. He noted that the north and west sides of the building do need to be enhanced; and the appl icants have indicated an intent to do something to improve the situation. Mr. Lee then noted there is a mansard roof on the south side of the structure; and the appli- cants have proposed to install posts from the ground to the corners of the roof. Mr. Lee stated the Zoning Commission asked that some of the landscaping on the north side of the site be redone to provide more buffering for the residential areas. He stated the applicants agree to that condition; and they have considered options to improve the appearance of that side of the building as well. Commissioner Hawks stated the existing structure has been a blight on that neigh- borhood since its construction. He noted that B-1- T guidelines state that structures in this district shall be designed to blend with, the residential character of the neighborhood. The Commissioner then noted that an existing structure may be altered slightly so it ap- pears to meet the guidelines for new construction within a development. He then suggest- ed that to extend the mansard facade around the building would give the illusion of a steep pitched roof, which would meet the intent of the guidelines, help the building blend into the area, and enhance its general appearance. He stated this could be probably be done at minimal cost without any impact to the mechanical systems currently located on the roof. He then indicated that the applicants' proposal seems to address the remainder of the guidelines for the Southwood Planned Unit Development. The Commissioner then asked if the applicant would be willing to consider installing a roof facade, as he has proposed. Mr. Robert Lee indicated that installation of a facade could possibly be done, as long as it does not interfere with the free airflow for the mechanical systems. Commissioner Martel noted that improvements to the structure will enhance its ap- pearance, reducing its negative visual impact. He stated that to require installation of a steep pitched roof on this existing structure would dramatically increase its height; how- 10-16-89 ;. · <t I - 17 - ".. ever, he noted that to replace the existing flat roof with some type of pitched roof or pitched roof facade which hides the mechanical equipment on top of the structure, in the materials suggested for the Southwood PUD, would blend this structure with other devel- opment in the area. In response to a question from Commissioner Goehrung, Planner Skelton stated the appl icants propose to change the existing sign, which is located on the mansard roof fa- cade, from a triangle to a rectangle and change the wording. He stated that the architec- tural guidelines for Southwood PUD allow installation of one wall-mounted sign per estab- lishment; and only back lighting is allowed. He indicated In this instance, the sign is a low-profile sign which would be backlit; however, it is mounted on the facade, which is considered a part of the roof. Commissioner Hawks stated the applicants seem to have indicated there would be no major complications in trying to meet the architectural intent and guidelines for the Southwood Planned Unit Development, noting encouragement for proceeding in that manner. He then suggested that the four guidelines, as set forth above, be included in the con- ditions for approval of this application, since it appears they would not create any undue hardship on the applicant. In response to a question from Mayor Stiff, Mr. Robert Lee stated the applicants have reviewed the four architectural elements contained in the land use development guide- lines for Southwood Planned Unit Development and noted that, as long as the intent is to be met and as long as facades are acceptable, they are willing to meet those guidelines. Planner Skelton stated that a mansard facade would meet the Planning staff's re- quirements for a steep pitched roof appearance. I n response to another question from Mayor Stiff, Mr. Lee stated he is not sure that installation of a mansard roof facade is economically feasible, since the suggestion arose just this evening and they have not had adequate time to research that issue. Planner Skelton indicated that staff can work with the applicants to ensure that the spirit of the architectural elements for the Southwood Planned Unit Development are met. He then stated he is more concerned about placement of the sign, since the Southwood PUD guidelines require a wall-mounted sign; and there is very little wall space on which a sign could be mounted. He then asked for Commission guidance on this issue. The Commissioners briefly discussed the issue, determining that the sign is to be allowed on the facade. Mrs. Dorothy Kincaid, applicant, indicated she has operated Stageline Pizza in Bozeman for the past four years. She stated it has been her goal to purchase a building for her business, noting she intends to operate her business here for several years. She then stated that she and her husband want to make the existing building nicer; however, 10-16-89 I t J' l' 't - 18 - they also recognize the financial constraints involved. She noted that at the present time, it is not possible to install a pitched roof; however, that might be a possibility in the fu- ture, when the roof needs to be replaced. Mrs. Kincaid stated that this operation is to be a pizza pick-up and delivery ser- vice, not a restaurant. She noted, however, that the application includes booths to seat sixteen patrons, for those who do wish to eat there. She stated that at the present time, the operation is located at 514 West Aspen Street; and approximately 5 percent of their business is pick-up service, with the remainder being delivered. Commissioner Vant Hull noted that at the subject location, some people may wish to eat at the facility, stating support for inclusion of an eating area. She also indicated she feels the subject site is appropriate for this type of facil ity. The Commissioner then asked if the vegetation to be removed at the southeast corner of the property could possibly be transplanted to the northwest corner of the lot. Mr. Robert Lee stated that the appl icants wi II remove on Iy that vegetation which is essential for public safety and the sight triangle. He noted a majority of that is low brush, which is not the type of screening which will be planted along the northwest cor- ner of the property. Mr. Lee then asked for clarification on the proposed additional conditions discussed by the Commission, including the architectural elements. location of the sign and the length of time for installation of improvements. Planner Skelton indicated that the intent of the four architectural elements, as listed earlier in this discussion, is to be met. Also, the sign may be installed on the facade or the wall. All improvements are to be made within the standard eighteen-month period. Mayor Stiff asked the applicants if they accept the conditions as set forth by the City Commission; Mrs. Kincaid responded that they do. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission approve the Conditional Use Permit requested by Dennis and Dorothy Kincaid for Kwik Way, Inc., to allow operation of a pizza business in an existing structure located on Lot 1, Block 6 of Thompson's Fourth Addition, subject to the following con- ditions: 1. That the access driveway from Kagy Boulevard be designed to comply 10-16-89 # t Sir f. "- - 19 - with the City curb cut policy and that it be reviewed and approved by the Director of Public Service prior to final site plan approval; 2. That the site plan comply with Chapter 18.62 regarding landscaping and buffering of off-street parking lots and that it be reviewed and approved by the Planning Director prior to final site plan approval; 3. That the applicants provide an adequate landscape/irrigation water system for all landscaped areas located on the property and that it be noted on the site plan prior to final site plan approval; 4. That all signs proposed by the applicants comply with the Land Use Development Guidelines of the Southwood Planned Unit Development prior to final site plan approval, with the exception that the facade be interpreted as a part of the wall for sign installation purposes; 5. That adequate landscaping be installed on the north side of the prop- erty to buffer the property from residential dwellings in the sur- rounding area t that it be noted on the landscape site plan, and that it be reviewed and approved prior to final site plan approval; 6. That the plans submitted by the applicants be in general conformance with the four architectural elements contained in the Land Use Devel- opment Guidelines of the Southwood Planned Unit Development. and that the plans be reviewed and approved by the Planning Director prior to final site plan approval; 7. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department and one signed copy shall be retained by the applicant; 8. If all improvements are not installed prior to final site plan approval, the applicant shall enter into an improvement agreement with the City. Detailed cost estimates, construction plans and methods of se- curity shall be made a part of that agreement; 9. I f occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 10. All on-site improvements shall be completed within eighteen months of approval of the final site plan. The conditional use permit shall be valid only for a period of eighteen months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection wi II be made and a re- port made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently gran- ted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. This was the time and place set for the public hearing on the Zone Code Amendment 10-16-89 " .., " ,"'!' "'t - 20 - requested by Gene Badgley to amend Sections 18.30.020, 18,34.020, 18.36.020 and 18.52.140(M) of the Bozeman Municipal Code to add IIrecreational vehicle sales" and IItravel trailer sales" to the list of permitted uses in the B-2, Community Highway Business, M-l, Commercial--Li9ht Manufacturin9, and M-2, Manufacturing and Industrial, districts and to the list of conditional uses in the B-3, Central Business, district; and add Section 18.04.451 and amend Section 18.04.570 of the Bozeman Municipal Code to add the definition of "recreational vehiclell and amend the definition of "travel trailer". Mayor Stiff opened the public hearing. Planner Tom Sheely presented the staff report. He stated that at their September 26 meeting, the Zoning Commission conducted its public hearing on this zone code amend- ment. He indicated that following the public hearing, the Zoning Commission deleted that portion of the amendment which would have added "recreational vehicle sales" and IItravel trailer salesll to the list of conditional uses in the B-3 district. He noted the remainder of the amendment was approved as submitted. The Planner noted that staff had prepared the amendment, as submitted, based on the fact that vehicle and boat sales are permitted as a conditional use in the B-3 district. Mr. Gene Badgley indicated a will in9ness to respond to any questions. Commissioner Vant Hull asked the Planner to outline the B-2 area located along West Main Street. She then expressed concern that a portion of the district is located along West Babcock Street, which is a residential area. Commissioner Martel noted that the zone code amendment limits the size of the rec- reational vehicles and travel trailers to 8 feet by 40 feet. He then expressed concern that the listed width could limit the types of vehicles in stock, since many of the luxury motor homes are 8 feet 6 inches or 8 feet 8 inches wide. He suggested that reference to the le- gal width, as established by the State of Montana Department of Highways, might be more appropriate~ Planner Sheely stated he discussed the definition as proposed with some of the dealers; and they indicated that the reference to 8 feet by 40 feet would be satisfactory. He then stated the Commission may change the definition if they wish. Commissioner Goehrung asked if servicing of the vehicles sold would be anticipated in addition to sales. Planner Sheely stated that service would be permitted as an accessory use to this type of sales, for those units which were sold by that dealership. Commissioner Hawks asked how recreational vehicles and travel trailers are to be distinguished from mobile homes, noting he does not feel that mobile home sales should be allowed in a Community Highway District. Planner Tom Sheely stated there is a definition in the zone code for mobi Ie homes. 10-16-89 .. '1 to' ."f' 'It - 21 - He also indicated that adoption of this amendment would not allow the sale of mobile homes in the B-2 district. Commissioner Vant Hull expressed concern about problems which could be incurred by allowing the sale of larger vehicles and trailers in some of the areas zoned B-2 in the community. Planner Sheely stated there may be specific sites in the B-2 zone which would not be appropriate for this use; however, he feels that on an overall basis, the B-2 zone is appropriate. He then stated that the Director of Public Service has indicated that when reviewing a site, he will require that a tractor/trailer unit could accomplish the maneuvers before approving the application. Commissioner Goehrung expressed concern about the noises and odors and running engines which could accompany service activities, particularly on a larger unit. He then indicated an interest in allowing "recreational vehicle sales" and "travel trailer sales" as conditional uses in the B-2 and B-3 zones and as permitted uses in the M-l and M-2 zones. No one spoke in support of or in opposition to the proposed zone code amendment. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the customary one-week waiting period be waived. The motion carried by the fol lowing Aye and No vote: tho~e voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commissioner Vant Hull stated that she does not feel these uses are appropriate in the B-3 zone. Commissioner Hawks stated that review of the intent section for the B-2 zone and the listed permitted uses reveals that the proposed uses are not much different from exist- ing permitted uses. He then indicated he does not support this type of use in the B-3 district, even as a conditional use. I n response to a question from Commissioner Goehrung, Planner Sheely stated that auto repair shops are permitted uses in the M-l and M-2 zones and conditional uses in the B-2 zone. Commissioner Goehrun9 stated he would prefer more oversight on this type of activ- ity in the B-2 zone; therefore, he feels it should be a conditional use in that zone. Commissioner Vant Hull concurred with that view. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commission approve the Zone Code Amendment to amend Sections 18.30.020, 18,34.020, 18.36.020 and 18.52.140(M) of the Bozeman Municipal Code to add "recreational vehicle sales" and "travel trailer sales" to the list of permitted uses in the B-2, Community High- 10-16-89 ." ....1. t. .' .. Ii - 22 - way Business, M-l, Commercial--Light Manufacturing, and M-2, Manufacturing and I ndus- trial, districts; and add Section 18.04.451 and amend Section 18.04.570 of the Bozeman Mu- nicipal Code to add the definition of "recreation vehiclell and amend the definition of Iltravel trailerll . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No being Commis- sioner Vant Hull and Commissioner Goehrung. Public assessin ments This was the time and place set for the public hearing on Commission Resolution No. 2759, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2759 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY iN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2759. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission finally adopt Commission Resolution No. 2759, levying and assessing gar- bage assessments for Fiscal Year 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. and assessin This was the time and place set for the public hearing on Commission Resolution No. 2760, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2760 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2760. 10-16-89 .- ,..,." 'w 4' ... ~ - 23 - Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrun9, that the Commission finally adopt Commission Resolution No. 2760, levying and assessing street lighting assessments for Fiscal Year 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Public hearin1 - Commission Resolution No. 2761- levying and assessing delinquent snow removal bills or Fiscal Year 1989 This was the time and place set for the public hearing on Commission Resolution No. 2761, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2761 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PRO- VISIONS OF ORDINANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2761. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission finally adopt Commission Resolution No. 2761, levying and assessing delin- quent snow removal bills for Fiscal Year 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. No. 2762 - lev in and assessin This was the time and place set for the public hearing on Commission Resolution No. 2762, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2762 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTE- NANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2762. 10-16-89 .. ""If ....~ - 24 - Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission finally adopt Commission Resolution No. 2762, levying and assessing street sprinkling assessments for fiscal Year 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull. Commis- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Public hearin - Commission Resolution No. 2763 - relev in and reassessin SID No. 653 - street, curb and gutter, and si ewalkon 'a portion 0 Graf Street to collector standards - $164,728.50 This was the time and place set for the public hearing on Commission Resolution No. 2763, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2763 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEfiTED PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 653 IN THE CITY Of BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST Of CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 653. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution No. 2763. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission finally adopt Commission Resolution No. 2763, relevying and reassessing Special Improvement District No. 653. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Public hearing - Commission Resolution No. 2764 - relevyin9 and reassessing SID No. 654 - street, curb and gutter, and storm drainage improvements on a portion of Lea Way - $56,100.00 This was the time and place set for the public hearing on Commission Resolution No. 2764, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2764 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DIS- TRICT NO. 654 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS- TRICT NO. 654. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to Commission Resolution 10-16-89 ,:'.,~':~~ 'f ,,--.... , ,_-. -.-i.-----~ ~ - 25 - No. 2764. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrun9, that the Commission finally adopt Commission Resolution No. 2764, relevying and reassessing Special Improvement District No. 654. The motion carried by the followin9 Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrun9, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Adjournment - 8:32 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrun9, seconded by Commissioner Hawks, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. 10-16-89