Loading...
HomeMy WebLinkAbout1986-07-07 276 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 7, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 7,1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager I Barric;k, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commissioner Martel was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Jordan requested that the request for waiver of the open con- tainer ordinance submitted by Gallatin Valley Catering be removed for discussion. Minutes - June 30, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of June 30, 1986, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Open bids - SID No. 649 - sanitary sewer, water and storm draina e in a portion of Annie u divIsIon, Irst I mg This was the time and place set to open the bids for Special Improvement District No. 649, providing for construction of sanitary sewer, water and storm drainage in a portion of Annie Subdivision. First Filing. The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the bids for SID No. 649 be opened and read. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud. Total Bid Engineer's Estimate $351,470.00 Northwest General Construction Company, Inc. Belgrade, Montana License No. 6451 A $338,733.40 Holm Sutherland Company, Inc. Billings, Montana License No. 813A $487,148.00 Gray Construction, Inc. Billings, Montana License No. 4824A $396,757.69 Johnston Excavating, Inc. Bozeman, Montana License No. 6310A $239,675.60 Barnard Construction, Inc. Bozeman, Montana License No. 4390A $420,419.08 Bozeman Sand & Gravel Bozeman, Montana I License No. 5777 A $325,429.75 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids for SID No. 649 be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. 07-07-86 277 Open bids - SID Nos, 650 and 651 - drain urston Road This was the time and place set to open bids for Special Improvement District Nos. 650 and 651, providing for the construction of paving, curb and gutter, sidewalks and storm drain detention, improvements in a portion of Annie Subdivision, First Filing; paving of Durston Road between North 20th and North 22nd Avenues and a gravel walkway along the north side. I The affidavit of publication for the "Call for Bids" was presented. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bids for SID Nos. 650 and 651 be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud. Total Bid Engineer's Estimate $400,745,00 Pioneer Ready Mix Bozeman, Montana License No. 6503A $421,860.00 Bozeman Sand & Gravel Bozeman, Montana License No. 5777 A $444,235.00 Big Sky Paving Company, Inc. Bozeman, Montana License No. 4384A $393,389.60 It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the bids for SID Nos. 650 and 651 be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; I those voting No, none. Commission Pacific Itlon to City Manager Wysocki presented Commission Resolution No. 2614, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2614 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE ALLEY IN BLOCK 119 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA, The City Manager noted that the City staff has reviewed this request, indicating that the public right-of-way has been dedicated, but no alley has been installed. He then recommended that the Commission adopt this Resolution and set the public hearing date for August 4, 1986. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion adopt Commission Resolution No. 2614, indicating the City.s intent to vacate the alley in Block 119 of the Northern Pacific Addition, and set the public hearing date for August 4, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Commission Resolution No. 2615 - certifying delinquent SI D's to the County I City Manager Wysocki presented Commission Resolution No. 2615, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2615 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT IN- STALLMENTS DUE AND PAYABLE MAY 31,1986, AND UNPAID AS OF THAT DATE, DELINQUENT, AND DECLARING ALL PAYMENTS OF SUBSEQUENT SPECIAL ASSESSMENT INSTALLMENTS FOR THE ABOVE-NAMED DELINQUENT ASSESSMENTS, UNPAID AS OF MAY 31, 1986, ALSO DELINQUENT, PURSUANT 07-07-86 -------- 278 TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE. The City Manager recommended that the Commission adopt this Resolution, which certifies two delinquent special assessments to the County. Commissioner Vant Hull questioned why the delinquent assessments for Valley Unit Sub- division are not included on this list. City Attorney Crumbaker-Smith reminded her that the restraining order is still in effect; and steps have been started to get the case finalized and I the order lifted, after which the delinquencies will be certified to the County. Mayor Mathre asked why this is being done twice a year now. The City Attorney noted that the City has now begun to assess the special improvement districts on a semi-annual basis, which results in certifying delinquencies twice a year as well. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2615, certifying delinquent Special Improvement District assess- ments to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voti ng No, none. Re uest for waiver of open container ordinance - Gallatin Valle ednesday, u y 30, 1986, 7:00 p.m. to dark; request use 0 9:00 p.m. City Manager Wysocki stated that Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan questioned whether the Commission wishes to allow the parks to be used by catering companies for gain. He noted the appl ication does not reflect what type of activity would be conducted during the requested hours. Assistant City Manager Barrick noted the company in question is a private catering service. He stated this requested function would be held in conjunction with the Taste of Bozeman, which is to be held on Main Street during the same hours. Commissioner Jordan expressed concern about having a catering company sell tickets to I serve meals in a public park. He also noted there are still spaces available along Main Street for the Taste of Bozeman; and he does not feel this firm should seek another location in which to serve its meals. Mayor Mathre noted that the request is for July 30; therefore, there is time to gather additional information. She then suggested that the Commission may wish to table action for a period of one week, to allow an opportunity to get the requested information. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission table action on the request by Gallatin Valley Catering for a waiver of the open container ordinance and the use of a P.A. system in Bogert Park on Wednesday, July 30, 1986, for a period of one week to allow an opportunity to gather additional information. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commis- sioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Informatlon" items. (1) A petition containing 89 signatures from various businesses located along North 7th Avenue stating opposition to the proposed renaming of that street to Lewis and Clark Boulevard. (2) The agenda and accompanying information for the City-County Planning Board meeting to be held on Thursday, July 10, 1986. I (3) The City Manager reminded the Commission of the City-County Health Board meeting to be held tomorrow morning at 8:00 in Room 105 of the Courthouse. (4) The City Manager reminded the Commission of the Interagency Breakfast, which will be held at 7:00 a.m. on Wednesday, July 9, at the GranTree Inn. (5) The City Manager then indicated that the preliminary budget should be available for distribution to the Commission at next week's meeting. (6) Commissioner Jordan asked if no regular water reports have been submitted because no problems exist. 07-07-86 279 . The City Manager stated that the City has begun to draw some water from Hyalite Reservoir during the past ten days to two weeks, but the intermittent rains have helped to alleviate potential problems. He noted if it becomes hot and dry, and the water consumption reaches 10-plus million gallons per day for two or three successive days, the City may need to implement water restrictions because of the water filtration plant capacity. The City Manager indicated that the water supply and use is being monitored on a regular basis; and restrictions will be I imposed when necessary, (7) Commissioner Vant Hull noted a recent FY I item was a petition from residents along South 16th Avenue, with the indication that more signatures would be submitted in the future; however, no more signatures have been forthcoming. She then asked if this item should be placed on the agenda for discussion. The City Manager reminded the Commission that the City has hired a consulting engineer- ing firm to complete design work for the project; and any changes in the criteria previously given that firm will result in an increase in costs. He further noted that he had previously submitted reasons to the Commission for why the sidewalk should not be located immediately adjacent to the street. Mayor Mathre asked the staff to contact the engineering firm to determine how much design work has been completed to date, with a report to be submitted to the Commission. (8) Commissioner Vant Hull noted the Recreation Advisory Board minutes indicate that the Board would like the Commission to write a letter to the American Legion concerning the monies from their advertising signs, noting that 25 percent was to be submitted to the City but has not been. The Mayor noted that the Board must request that the City act on that proposal, and the Commission should not act on the minutes from their meetings alone. (9) Commissioner Vant Hull noted she had placed an FYI item in the Commissioners. boxes this morning concerning the police dispatch system and asked if that item should be placed on the agenda for discussion. I The Mayor requested that Commissioner Vant Hull discuss this item with the City Manager, rather than placing it on an agenda for discussion. (10) Commissioner Vant Hull then asked if the Commission will discuss the questions and answers to the various SID questions they have submitted to the staff. Mayor Mathre noted the questions submitted to the City Manager were for his information; and there will be no discussion on the item until he has had an opportunity to prepare answers to the various questions. She also noted the answers will be used selectively during a public education process. City Manager Wysocki stated that many of the questions listed by the Commissioners were answered in a newspaper article which appeared in Sunday's paper. He then indicated the City staff is currently reviewing the questions submitted and will develop answers as soon as possible. (11 ) Mayor Mathre indicated she has received a newsletter from the Aeronautics Board as well as some information from the Bonneville Power Administration, which she will place on the desk upstairs for Commissioner review. Items." lication Grant program as I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. 07-07-86 280 City Manager Wysocki presented Commission Resolution No. 2616, authorizing the City to enter into the Montana Cash Participation Program, as reviewed by the City Attorney. The City Manager reminded the Commission that the City had considered participation in this program last year, but determined that the difference in the interest rates was not adequate to provide a substantial benefit for the City. He noted under the program, the City I could borrow monies to provide an adequate cash flow in those funds which currently have negative cash balances, rather than borrowing from other City funds. He noted this Commission Resolution simply enables the City to borrow monies from the Montana Economic Development Board, but it is not an application for borrowing. The City Manager indicated that any monies borrowed under this program would be due on June 30, 1987; however, the City could apply for a second year on the loan. Director of Finance Gamradt noted that the estimated interest rate for the Cash Anticipation Program would be slightly over 5 percent; and the City's monies are currently invested at 6-plus percent. City Manager Wysocki recommended that the Commission adopt Commission Resolution No. 2616, authorizing participation in the program. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2616, providing authorization to enter into the participation agreement for the Montana Cash Anticipation Program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion re item for next week's agenda Mr. Lou Armold, representing the Bozeman Lion's Club, indicated that he has submitted a letter to the City staff requesting a temporary Beer License and waiver of the fee on July 31 and August 1, 2 and 3, 1986. I City Manager Wysocki stated that request was received on Thursday, too late to be placed on this week's agenda, but requested that Mr. Armold submit the information so that the Commission may consider it during next week's discussion of this item. Mr. Armold stated that the Gallatin County Fair Board has requested that the Bozeman Lion's Club manage a beer garden during the 1986 Gallatin County Fair, which is to be held at the same time as the 4-H Fair and the Sweet Pea activities . He then asked that the license fee for the temporary license be waived, since the monies derived from this program will be used for community activities. Recess - 2:55 p.m. Mayor Mathre declared a recess at 2:55 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. No. 2610 - intent to vacate a portion of the aile in Martel Center This was the time and place set for the public hearing on Commission Resolution No. 2610 entitled: I COMMISSION RESOLUTION NO. 2610 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A PORTION OF THE ALLEY IN BLOCK C OF TRACY'S SECOND ADDITION TO THE CITY OF BOZEMAN, MONT ANA. Mayor Mathre opened the public hearing. City Manager Wysocki reminded the Commission that the subject alley is located between Lots 1 through 3 inclusive and Lots 18 through 20 inclusive in Block C of Tracy's Second 07-07-86 281 Addition. He noted the subject alley is more commonly known as the eastern portion of the alley running from North Grand Avenue to North Third Avenue between West Mendenhall Street and West Lamme Street, which is the site of the Martel Center. He indicated the remainder of the alley was vacated by Commission action taken in February 1977. The City Manager then indi- cated that the individual who has requested this alley vacation does own the property along both sides of the alley. He noted that the proposed vacation will not remove the ability to I maintain public service facilities located within that alleyway. No one was present to speak in support of or in opposition to the requested alley vacation. Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, 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 Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize and direct the staff to prepare a resolution of vacation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. C. Jones - ectJon This was the time and place set for the public hearing on the Conditional Use Permit requested by John L. Miller for Milton E. and Helen C. Jones to allow a shop/ warehouse and associated offices as a Planned Unit Development on Tract D in the southeast one-quarter of the southeast one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, This site is more commonly known as being located along Bridger Drive. Mayor Mathre opened the public hearing. I Assistant Planner Dave Skelton presented the Staff Report. He noted the subject site is located just east of Moat's Ranch Supply and Zig's Building Supply. He indicated the proposal is to construct two buildings containing ten condominium units. He noted the project would qualify as a minor Planned Unit Development; however, the M-l- T zoning requires that the project go through the Conditional Use Permit process. The Assistant Planner then indicated that access to the site will be through one access from Bridger Drive, the location of which is to be approved by the State Highway Department. He noted that the proposed parking area contains 61 parking stalls, which exceeds the 53 required stalls. Assistant Planner Skelton indicated that three items are to be addressed under the "T" designation in this area. The first item concerns landscaping and buffering from adjacent properties with different zoning designations. He noted the property to the north of this site is currently zoned AS; and the applicant will be required to provide buffering along that property line. The second item pertains to signage for the project. He indicated that the applicant will install one sign at the front of the property listing the name of the project, the address and a directory of businesses. Also, each business will have one surface-mounted sign; and all signs must be approved by the Planning Director prior to installation. The third item addresses access to the central sewage system. He noted that the subject property is not located within the city limits and, therefore, is not required to tie into the City's sewage system; but any sub-surface drainage system must be approved by the County Sanitarian. He indicated that if the developer wishes to obtain City service, a private sewer trunk line runs I along Bridger Drive and there is adequate capacity in the water main in that area to service the project. The Assistant Planner stated that the Zoning Commission concurred in the Planning Staff's recommendation, subject to several conditions which they revised slightly. Commissioner Vant Hull asked if the City could require access to the site through interior roads among the various commercial developments in the area rather than from Bridger Drive. Assistant Planner Skelton indicated that interior access roads can be required during the subdivision process, but such conditions are not appropriate under this procedure. 07-07-86 282 Commissioner Stiff noted one person indicated opposition to development of the subject site, questioning if this process might provide for a more aesthetically appropriate project. The Assistant Planner noted that warehouses are a permitted use in the M-l district; but the "TH designation provides for public review and an opportunity to attach conditions to the project rather than the customary in-house review. Commissioner Jordan asked if it is difficult to get persons to submit copies of the covenants for the proposed project. I Assistant Planner Skelton indicated that a final draft of the covenants, as filed at the County Clerk and Recorder's Office, must be submitted to the Planning Staff for review and approval prior to signing of the final plat. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Com- mission approve the Conditional Use Permit requested by John L. Miller for Milton E. and Helen C. Jones to allow a shop/warehouse and associated offices as a Planned Unit Development on Tract D in the southeast one-quarter of the southeast one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, subject to the conditions recommended by the Zoning Commission, as follows: 1. That the project sign located at the entry be limited to information identifying the name and address of the property, and to contain a directory of businesses located within the project. 2. That the well and septic tank/subsurface drain field system be reviewed and approved by the County Sanitarian, prior to final site plan approval. I 3. That secondary or rear exits and fire separation walls be provided for each unit and indicated on the final site plan prior to final approval. That Montana State Highway Department review and approval be 4. documented for authorized access onto Bridger Drive prior to final site plan approval, 5. That the final covenants and articles of incorporation be reviewed and approved by the Planning Office prior to final site plan approval. 6. That the final site plan comply with Section 18.62.130 regarding parking lot landscape areas, Section 18.62.160 regarding compact car signage, and Section 18.62.,160 regarding required curbing for landscape protection. 7. That the final site plan provide the necessary dimensions to confirm all driving aisles, landscape islands, sidewalks and access drives with compliance to the Bozeman Area Zoning Regulations. 8. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements and their installation. Detai led cost estimates, construction plans and methods of security shall be made a pa rt of that ag reement . 9. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six I months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 10. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the 07-07-86 283 conditions in the granting of the permit. An on-site inspection will be made and and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit wi II be permanently renewed. 11. That sufficient landscaping to buffer the proposed use from property to the north be reviewed and approved by the Planning Office prior to final site plan approval. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Permit requested by Buz Cowdrey to allow a caretaker's residence on Revised Parcel 2, Certificate of Survey No. 558-A, revised by Certificate of Survey 1303, Burrup Subdivision. This site is more commonly known as being located along East Frontage Road. Mayor Mathre opened the public hearing. Senior Planner Marcia Elkins presented the Staff Report. She noted this requested Conditional Use Permit would allow the construction of an owner/caretaker's residence on a 7.575-acre lot located within an M-l, Commercial--Light Industrial, District. She stated the applicant had previously submitted basically the same request and received conditional approval; however, the six-month timeframe for final approval expired before final plans were submitted. She indicated the applicant has addressed some of the concerns previously expressed, along with some other minor changes in the appearance and layout of the structure. The Senior Planner stated the Zoning Commission reviewed this application and concurred in the Planning Staff's recommendation for approval, subject to seven conditions. Mr. Buz Cowdrey, applicant, indicated that he is willing to accept the conditions as recommended by the Zoning Commission. I Commissioner Vant Hull asked Mr. Cowdrey about constructing a residence in an M-l zone, and whether he may seek a residential zoning at some time in the future, Mr. Cowdrey stated he currently owns the subject property and stores his construction equipment there. He noted that he has recently incurred some theft; and he feels that con- struction of a residence there will help -alleviate those problems. He then indicated his intention is to construct a large home and office space, relocating his place of residence to the subject site. Commissioner Vant Hull then asked about sewer service for the residence. Buz Cowdrey indicated that the residence will be tied into the City sewer system, which has been installed through a Special Improvement District. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, 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 Jordan, Commis- sioner Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit requested by Buz Cowdrey to allow a caretaker's residence on Revised Parcel 2, Certificate of Survey 558-A, revised by Certificate of Survey 1303, Burrup Subdivision, subject to the conditions recommended by the Zoning Commission as follows: 1. Any outside storage shall be screened in accordance with the provisions I of Section 18.34.020.17 of the Bozeman Municipal Code. 2. A final site plan shall be submitted for review and approval with the required information regarding drainage and the location of sanitary sewer service to the residential/office structure. 3. An approach permit must be obtained from the Montana Department of Highways for the access to the site. 4. A cross section of the pavement detail and the engineering design of the access drive (i .e., regarding the need for a culvert) shall be submitted for the review and approval of the City Engineer. 07-07-86 284 5. The developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (1 t) times the amount of the cost of the scheduled improvements and their installation. Detailed cost estimates, construction plans and method of security shall be made a part of that agreement. 6. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be I submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 7. All on-site improvements (i .eo, paving, landscaping, etc.) shall be completed within 18 months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection wi II be made and a report made to the City Commission for their action. If all the required conditions have been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Brothers - chan e the text r1vate air Ie ds as a con in the This was the time and place set for the public hearing on the Zone Code Amendment requested by the Goldenstein Brothers to change the text of Section 18.52. 140-A of the Bozeman Municipal Code by adding private air fields as a conditional use in the AS (Agricultural Suburban) District. City Manager Wysocki noted that the Zoning Commission opened and continued the public I hearing on this item. He then recommended that the Commission open and continue the public hearing also, until such time as a recommendation is submitted by the Zoning Commission. Mayor Mathre opened and continued the public hearing until such time as a recommenda- tion is received on this request from the Zoning Commission. This was the time and place set for the public hearing on the Zone Code Amendment re- quested by the City-County Planning Staff to change the text of Sections 18.04 and 18.52.140(0) of the Bozeman Municipal Code to allow garbage transfer stations as a conditional use in the M-2 (Manufacturing and Industrial) District and provide for a definition of a garbage transfer station. Mayor Mathre opened the public hearing. Senior Planner Marcia Elkins presented the Staff Report. She noted that the Zoning Commission and the City Commission previously rejected a Zone Code Amendment to allow garbage transfer stations as a conditional use in the M-l (Commercial--Light Manufacturing) District and directed the Planning Staff to prepare a Zone Code Amendment to allow garbage transfer stations as a conditional use in the M-2 (Manufacturing and Industrial) District. She indicated this request is in response to those directions; and the proposed Zone Code Amendment contains a revised definition for garbage transfer stations which addresses some of the concerns expressed I about the previous definition. The Senior Planner stated that the Zoning Commission reviewed the proposed Zone Code Amendment and recommended approval. Commissioner Vant Hull asked if there is adequate vacant M-2 zoned ground in the City to accommodate construction of a garbage transfer station, or whether the City will receive requests for rezoning of current M-l property. Senior Planner Elkins indicated that there is available M-2 zoned ground within the city limits. She then stated the Planning Staff feels that M-2 zoning is more appropriate than M-l, 07-07-86 285 particularly because much of the M-l zoning is located adjacent to residential areas and in some instances there is residential development within M-l zones. She then indicated that surrounding land uses would be considered during consideration of any rezoning requests which may be sub- mitted. No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. I It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, 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 Stiff, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the Zone Code Amendment requested by the City-County Planning Staff to change the text of Sections 18.04 and 18.52.140(0) of the Bozeman Municipal Code to allow garbage transfer stations as a conditional use in the M-2 District and provide for a definition of garbage transfer stations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Adjournment - 7:42 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: I Clerk of the Commission I 07-07~86