HomeMy WebLinkAbout2001-10-15 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 15, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, October 15, 2001, at 6:00 pm. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, Director of Public Safety Arkell, Planning Director Epple, City Attorney Luwe, and
Deputy Clerk of the Commission DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - January 18 and February 7, 2000, and January 30, April 20, September 4, September 24,
October I and October 8, 2001
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, April 20, September 4, September 24, October 1 and October 8, 2001 to
a later date.
Consent Items
city Manager Johnson presented to the Commission the following Consent Items.
Proclamation - "World Population Awareness Week" - October 21-27, 2001
Commission Resolution No. 3489 - relating to financinq of certain proposed proiect:
establishing compliance with reimbursement bond requlations (future SlD for
improvements to Durston Road)
COMMISSION RESOLUTION NO. 3489
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS;
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER
THE INTERNAL REVENUE CODE.
Approval of final plat for Westfield South Subdivision, Phase IliA (subdivide 24.22
acres described as part of Tract I and all of Tract 2, COS No. 1700, located in
the SE %, Section 24, and the NE ~, Section 25, T2S, R5E, MPM into 59
residential lots and 4 lots of open space (south of existinq Westfield South
Subdivision between South 3rd Avenue and Wa.qon Wheel Road) (P-0022)
Authorize Mayor to sign - Project Agreements, General and Maintenance, with the
Montana Department of Transportation for the following three CTEP projects:
(1) 2001 Curb Ramps (STPE 1299116]): (2) Emerson Center Lighting (STPE
1299117]); and (3) Milwaukee Railroad Trail (STPE 1299118])
Claims
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission
approve the Consent Items as listed and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor
Youngman; those voting No, none.
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Presentation of National Recreation and Parks Association Professional Award
Ms. Joanne Jennings, Chair of the Recreation and Parks Advisory Board, presented to Sue
Harkin, Recreation Superintendent, the National Recreation and Parks Association Professional
Excellence Award; the most prestigious award in the profession. Ms. Harkin was nominated for this
award by the Recreation and Parks Advisory Board.
Presentation re proposed bike lanes
Included in the Commissioners' packets was a memo from Project Engineer Koltz, dated
October 10, forwarding a list of proposed bicycle facilities. Also included in the packets were copies
of public comments received to date.
Project Engineer Koltz gave a power point presentation on the proposed location of bike
facilities throughout the city. He noted there are three types of bicycle facilities in Bozeman: bike
routes, bike lanes, and bike paths. The design approach used identified the following facility
requirements:
Maintain existing conditions and add bike lanes; restrict parking on one side and add bike lanes;
restrict parking on both sides and add bike lanes; maintain existing conditions and designate roadways
as bike routes. In recommending the bike facilities, ranking or priority was based on the following:
Does the street have existing facilities; does the street have existing parking restrictions; does the
street have adequate design width; what is the cost of the required improvements; is the
recommended facility safe for use? Therefore, the Engineering Department recommends the following
17 roadways for installation of bike facilities: West College Street, 11 th Avenue, West Kagy Boulevard,
Babcock Street, Mendenhall Street, Grand Avenue, West Grant Street, Story Street, West Koch
Street, Wallace Avenue, South Willson Avenue, Garfield Street, South Church Avenue, West Lincoln
Street, Tamarack Street, West Oak Street, and Ferguson Avenue. Mr. Koltz stated the total cost of
the improvements, with painted striping, arrows, and symbols, would be $63,115, which would
requirement yearly maintenance. The total cost, using thermoplastic symbols and arrows, with
painted striping, would be $94,420, and would require less maintenance.
Commissioner Brown asked about a bike facility on West Main Street. Engineer Koltz replied
West Main Street is a state highway route. The Montana Department of Transportation would have
to be consulted before making any recommendations for a state highway.
Commissioner Smiley asked how the neighborhoods will be noticed to alert them to these
changes, if these recommendations are implemented. City Engineer Brawner noted there are not a
lot of areas where parking is currently allowed included in this recommendation. This is a well-
thought out plan, which will be easier on the neighborhoods. There is no requirement to individually
notice property owners for signs and lanes only.
Mayor Youngman asked Engineer Koltz if he has presented this plan to the Bicycle Advisory
Board yet. Mr. Koltz answered he had presented it, but received no real feedback. This plan was
based on the transportation master plan, which the Bike Board had input on.
City Engineer Brawner noted the departments are heading into the budget preparation season;
so if the Commission wishes to forge ahead with this plan or scale it back, the Engineering
Department needs to know immediately. There are no funding sources identified now, and CTEP is
the only source available that he has knowledge of.
Streets and Sanitation Superintendent Sicz added the Street Department can't paint bike lanes,
and the State Highway Department will not paint lane markings as of next year. Also, maintenance
of the bike lanes is a problem, due to lack of personnel. He stressed the importance of making sure
there are adequate numbers of employees to properly maintain these areas.
John Gallagher, 602 South 8th Avenue and Chair of the Bozeman Area Bicycle Advisory Board,
said members of the Board give this plan their blessing, and said they want to be involved in the
process; just let them know what they can do in the future. He, too, recognized that sweeping of
the bike rOutes and lanes is important.
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Kate Gardner, 1215 South Grand Avenue, asked if there will be both signs and striping on the
bike routes. Engineer Koltz responded the cost estimates reflect both signage and striping. Ms.
Gardner added she anticipates a problem with the uncontrolled intersections along that street, noting
she regularly rides over to Willson Avenue because of the unprotected intersections on Grand Avenue.
She requested stop signs be installed on the side streets that are currently uncontrolled.
Commissioner Smiley asked for an estimated cost of street maintenance and stop signs.
Engineer Koltz answered the repainting costs are estimated at $15,000 to $20,000 annually on all
routes and lanes, with the cost of sweeping unknown at this time.
Commissioner Frost said he is leery of stop signs because speeds will pick up on the side
streets if the courtesy corners are changed. Also, it will increase costs to add stop signs. City
Engineer Brawner noted an alternative to stop signs would be to put bike route signs on the street to
indicate vehicles are crossing a bike route. Or the bike routes could be painted with stripes, which
would add expense, but would alert the public they are on a street that is a designated bike route.
Mayor Youngman asked if there is any budget money available this cycle to start on any of
this project. City Manager Johnson indicated there could be dollars available, but he will need to
research that and report back to the Commission. Mayor Youngman said she would like the bike
network included as a budget item in the CIP, like parks, so steady progress is made on
implementation.
Commissioner Smiley indicated she would like to know the yearly cost of sweeping, as well.
Superintendent Sicz stated the City has the sweeper, it is a matter of providing the manpower to do
the sweeping. He feels the cost shouldn't be that great to sweep a couple of times per year,
however.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to direct staff
to include implementation of this plan in the preparation of their upcoming CIPs and budgets and to
research if there is any available money this budget cycle that could be used to start implementing
the bike facilities plan this year. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost,
and Mayor Youngman. Those voting No, none.
Staff report re requested vacation of portion of cul-de-sac on east end of Commercial Drive
Included in the Commissioners' packets was a memo from Engineering Assistant Kerr dated
July 23, forwarding staff's comments regarding the requested vacation of a portion of the cul-de-sac
on Commercial Drive in the Bridger Center Subdivision.
Engineering Assistant Kerr presented an overview of his memo, noting the applicant requested
a portion of the cul-de-sac be vacated. Staff has no concerns with the vacation, just the location of
the alignment. No other objections have been raised. Staff does believe it might be wise to alter this
vacation somewhat, proposing vacating up to the easement line to provide for a future roadway
extension, if needed, because there is no other access into that property at this point. Therefore, the
Engineering Department recommends the alternative shown on Exhibit B-l, as included in the staff
report.
Commissioner Smiley stated she prefers staff's proposal, which is more clear.
Responding to City Manager Johnson's inquiry regarding the letters of consent, Engineering
Assistant Kerr responded all letters received are based on the original proposal. The applicant was
sent a copy of his memo, so they are aware of what Staff is recommending.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to direct staff to
bring back an ordinance to vacate that portion of the cul-de-sac which is east of an extension of the
roadway easement across the cul-de-sac, as shown in Exhibit B-1 of the staff report. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
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Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none.
Request for water impact fee credit - SANDAN, LLC - water main for Cattail Creek Subdivision
Included in the Commissioners' packets was a memo from Associate Planner Saunders, dated
October 9, forwarding the request and staff's recommendation.
Associate Planner Saunders presented the staff report, noting this request is the same as the
past several requests presented to the Commission.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the request
for water impact fee credit for the water main for Cattail Creek Subdivision, as requested by
SANDAN, LLC, under Application No. IFCR-0105, be approved subject to the following conditions:
1 The credit will not be paid as cash.
The credit will be made available as a value against which the credit holder may
draw to reduce water impact fee payments as individual water connection
permits are sought as detailed in Section 3.24.100. E, Bozeman Municipal Code.
The final credit value will be determined based on the actual final cost of the
project. An estimated value of $33,780 has been provided for the proposed
work.
If the final determination of Cause No. DV-99-71 is that impact fees or impact
fee credits cannot be charged or credited by the City of Bozeman, then no
impact fee credit shall be available to the applicant under this award.
The applicant shall agree in writing to the above listed conditions of approval
prior to the credits becoming effective.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman.
Those voting No, none.
Break 7:06 pm
Mayor Youngman declared a break from 7:06 pm until 7:12 pm, in accordance with
Commission policy.
AD[~ointment to Historic Preservation Advisory Board
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan,
dated October 11, forwarding an analysis of the current composition of the Historic Preservation
Advisory Board.
Commissioner Frost offered that Joanne Mannell Noel is recommended, which will leave one
opening for a future appointment.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to change Richard
Shanahan's appointment from a professional representative to a Main Street representative, to change
Thomas Bitnar's appointment from a neighborhood representative to a professional representative, to
change Mara Gai Katz's appointment from an at-large representative to a professional representative,
and to appoint Joanne Mannell Noel as an at-large representative to replace Laura Fedro, with a term
to expire June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and
Mayor Youngman; those voting No, none.
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Commissioner appointment to Local Water Quality District Board
Mayor Youngman stated that the Commissioner appointed, City representative to the Gallatin
Local Water Quality District Board is currently open and recommended Commissioner Brown be
appointed. Commissioner Brown indicated his willingness to serve in that capacity.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commissioner
Jarvis Brown be appointed to replace Mayor Youngman as the City representative to the Gallatin Local
Water Quality District Board. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and
Mayor Youngman; those voting No, none.
Continued discussion re adoption of the Bozeman 2020 Community Plan
Included in the Commissioners' packets was a copy of the Bozeman 2020 Community Plan,
along with a memo from City Manager Johnson, dated October 11, identifying changes made in the
plan and seeking additional Commission direction prior to adoption of the plan at the October 22
meeting.
Associate Planner Saunders presented the draft of the Bozeman 2020 Community Plan, saying
he wanted to make sure the Commission is comfortable with the changes.
Mayor Youngman stated she has talked to staff about the Historic Mixed Use (HMU)
designation; and she proposed two alternative methods, which came up during the public process.
One, which the neighborhood organization suggested, was to put the HMU land-use designation on
the map. She is uncomfortable with that at this time because it would require another public
discussion. The second suggestion would be to add a text revision, to add implementation policies
that specifically relate to implementing HMU designation where appropriate, which is more flexible
and more respectful to the point of the process. Assistant City Manager Brey has offered to write up
a draft for that, and Mayor Youngman suggested the Commission accept his offer.
Commissioner Frost pointed out that at one time the City tried to implement the HMU
designation on Ice Pond Road. He stated his belief the text change would be the cleanest and
simplest Way to go at this time.
Commissioner Smiley agreed with the text revision method, as well.
Commissioner Brown, too, favored the text revision, stating it will provide for more flexibility.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to accept the
three changes incorporated into the plan and listed in City Manager Johnson's memo of October 11,
2001 and to implement the Historic Mixed Use text revision, adding implementation strategies as
developed by staff. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor
Youngman; those voting No, none.
Associate Planner Saunders proposed that next week the Commission approve the supporting
documents first, then the 2020 Community Plan, so each section can be revised, if necessary, in the
future, rather than revising the entire 2020 Plan document. Staff has exercised care in the wording
of those resolutions to express the concerns that have been expressed regarding those supporting
documents and how they relate to the overall plan. The Bozeman 2020 Community Plan is the
dominate document.
Commissioner Smiley stated she is impressed with how thoughtful the document is and how
much work has gone into it. She loves every part of it except the Limited Residential/Future Urban
section. She particularly objects to the sentence that reads, "Develop at a density of a single dwelling
per existing parcel, with consolidation of smaller parcels into single ownerships for development with
a single dwelling being supported". She continued by reading the following Letter to the Editor into
the record: "The 2020 Master Plan will be coming up for City Commission vote on Monday, October
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15, 2001, and unless one sentence is taken out and one section redone, I will not be able to vote for
the Plan. In the Limited Residential/Future Urban section, there is a sentence that says the following:
'2. Develop at a density of a single dwelling per existing parcel, with consolidation of smaller parcels
into single ownership for development with a single dwelling being supported'. This would be a legal
overlay of the donut area again and would require this single dwelling place per parcel BEFORE
annexation to the City of Bozeman. This section would create a 'fake green belt' around Bozeman
that is reminiscent of Boulder, Colorado. While this also appears to encourage clustered development,
this Limited Residential/Future Urban area just beyond the edge of the Bozeman City limits is 'not
expected to develop for 20 years' - which you should take as direction to the City Staff to not
encourage or allow development in this area for 20 years. Contrast this part of the 2020 Master Plan
for Bozeman with the Proposed Gallatin County Growth Policy of August 27, 2001 which strives to
encourage growth and development next to the cities in our county. I believe we (City and County
Commissioners) were once in agreement with the County in encouraging growth and development
next to our cities, but the 2020 Master Plan further states 'Annexation of most Limited
Residential/Future Urban areas is unlikely over the term of the Bozeman 2020 Community Plan and
final authority to deny or approve development in County areas shown with this designation remains
with the County Commission'. In order words, the 2020 Master Plan does not want the Limited
Residential/Future Urban donut area around Bozeman to be developed for the next 20 years and kindly
says that the County has authority over this area. We do not need a 'fake green belt' around
Bozeman. We need to get out of the business of regulating what county landowners do with their
properties in the county."
Commissioner Smiley reiterated that unless that piece is substantially changed, she cannot
vote for this plan. The City has pushed too hard to get out of the business of controlling the donut
area. This doesn't say anything specific like "because of infrastructure costs" or anything else that
would make sense to her or the public. This is short-sighted, and she cannot support a fake green belt
around the city. The rest of the plan is excellent, but she cannot vote for the whole plan because of
this.
Associate Planner Saunders responded the placement of that thought is the timing and
planning of that growth. At some point in time everything that shows in the planning area will be
some sort of urbanized area unless it has been purchased for a specific activity. It says if someone
does want to develop, and the City cannot extend services, the City would encourage development
to occur as an urban pattern under the jurisdiction of the County.
Commissioner Frost stated he is not in favor of changing the wording at this time.
Authorize City Manager to sign - Annexation Agreement with WBC, LP, contingent upon execution
bv aoolicant - 460.2971 acres described as a portion of the SW% and all of the SE% of Section 34,
TlS, RSE, and the NE% of Section 3, T2S, R5E, MPM (qenerally Iyin.q between West Oak Street
extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road
extended)
Included in the Commissioners' packets was a copy of the draft agreement, along with a
memo from City Manager Johnson, dated October 11, forwarding a provision to be added to the
agreement prior to execution.
City Manager Johnson stated his concern is staff has been directed by the Commission to
include affordable housing language in annexation agreements, but it didn't appear in this one.
Dale Beland, 2023 Stadium Drive, Suite 2B, stated he is assisting staff with the processing
and review of this project. The agreement that was drafted did not include the requirement for
affordable housing; a separate letter was to be submitted by the applicant to address that issue. A
copy of that letter from the applicant has been received, and he will address the Commission
regarding that.
Bill Kreager, Director of Planning, Mithun Designers/Planners, Pier 56, Seattle, distributed a
letter from Jerry Williams and the HUD affordability guidelines. The total number of units in phase
1 is 156. Based on the current interest rates, 20 units will be under the affordability guidelines. An
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appropriate proportion of affordable homes will be included in phase 1. Mr. Kreager noted that Jerry
Williams is currently working with First Interstate Bank to reserve a block of money to tie down a
specific interest rate, to further assist with affordability.
City Manager Johnson inquired if the $43,050 listed on the HUD affordability guidelines is for
a 3-bedroom home. Mr. Kreager answered that does apply for a 3-bedroom unit in the cottage homes
and condominiums.
City Manager Johnson asked if Mr. Williams' letter could become an attachment to the
annexation agreement. City Attorney Luwe answered the Commission can accept that letter as
intent, but it will not be a binding force. To make it binding, it should be included in the annexation
agreement. Planning Director Epple inquired if the annexation agreement could include a reference
to Jerry Williams' letter dated October 1, 2001, to make it a part of the annexation. City Attorney
Luwe replied it could.
Cindy Younkin, attorney for Williams Brothers Construction, noted there are several items to
be discussed that are not included in the annexation agreement. The equestrian center is not included
in the annexation agreement specifically. Because this is an anomaly in Bozeman, it is important to
make sure there is acknowledgment in the annexation agreement that this is an acceptable thing
within city limits. Taxation is also in question, but should be acceptable as long as the equestrian
center is approved and acknowledged as an acceptable use in R-3 zoning. Ms. Younkin pointed out
payback agreements have been utilized by others, and Staff Attorney Cooper suggested this would
be the appropriate place for a payback agreement. The water and sewer lines would be conveyed
to the City by Williams Brothers; and at that time, a payback agreement would be put into place. She
asked if the City will consider a payback agreement to be approved at a later date and to be included
in the annexation agreement.
City Attorney Luwe responded to the equestrian center concern by stating the language of
intent is to use the property as agricultural. The Commission cannot specifically state there is
approval for an equestrian center because it will be contingent upon the zoning in effect at the time
of development. Ms. Younkin responded by saying that Staff Attorney Cooper suggested the
wording, "the City understands the intention of the landowner to use the land designated as an
equestrian center for agricultural purposes". City Attorney Luwe said that phrase must have "subject
to proper zoning approval" added.
Regarding paybacks, City Attorney Luwe recommended the Commission not add any language
regarding payback agreements to the annexation agreement, saying the developers can submit their
request and the Commission can consider that request based on the merit of the application at that
time.
City Manager Johnson stated he tends to favor inclusion of payback agreement language in
the annexation agreement because it would establish a record of this Commission's intention. City
Attorney Luwe then stated his recommendation that if the Commission decides to include a payback
agreement provision in the annexation agreement, it must be made perfectly clear it is only
considering, not approving, a payback agreement, which will be subject to whatever ordinances are
in place at the time of consideration. Ms. Younkin said it is very clear to her that any payback
agreement is going to have to stand or fail on its own merits. The applicant understands a payback
agreement does have to be ultimately approved. They are not asking the Commission to approve a
payback agreement in the annexation agreement, only that they know that is an option.
Mayor Youngman asked for Commission direction on the three items of concern; namely, the
equestrian center, payback agreements, and affordable housing. All Commissioners present agreed
with the wording suggested by Staff Attorney Cooper regarding the equestrian center.
Commissioner Smiley asked for clarification of the compelling reasons to have a payback
agreement included in the annexation agreement. City Manager Johnson replied to make it more clear
for future Commissions by clearly stating the Commission's intention to consider payback agreements,
but acknowledging that future Commissions will decide to grant or to deny. Commissioner Kirchhoff
proposed stating plainly in the annexation agreement that this Commission will consider a payback
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agreement, with the proviso that a future Commission will need to approve it. Commissioner Brown
stated his agreement, if it is more acceptable to the applicant to have it included.
Mayor Youngman noted there is no consistent affordable housing policy yet; and there are
special circumstances surrounding this project; so she would suggest the Commission accept Jerry
Williams' letter of October 1, 2001 as an addition to the annexation agreement, as the applicant's
statement of intent. All Commissioners agreed to have the letter added to the annexation agreement.
City Attorney Luwe recommended the phrase "subject to language being worked out by the City
Attorney and City Manager" be added.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to direct staff
to revise the Annexation Agreement with WBC, LP, for the annexation of 460.2971 acres generally
lying between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended,
and Harper Puckett Road extended, to include the following additional provisions:
ao
The City understands the intention of the landowner to use the land designated
as an equestrian center for agricultural purposes, subject to proper zoning
approval.
bo
The City will consider a payback agreement; however, a future Commission will
need to approve the payback agreement, subject to whatever ordinances are
in place at the time of consideration.
Jerry Williams' letter of October 1, 2001, indicating that at least 20 of the
Phase I housing units will be priced under the affordable housing guidelines
outlined in that letter and the commitment to donate one lot in Phase 1 to
Habitat for Humanity, be accepted as an addition to the annexation agreement,
as the applicant's statement of intent.,
subject to City Attorney and City Manager approval and authorize and direct the City Manager to sign
the Agreement, contingent upon execution by the applicant. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner
Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to direct staff to add
to a future agenda an annexation policy discussion, including the treatment of affordable housing.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those
voting No, none.
Commission Resolution No. 3487 - annexing 460.2971 acres described as a portion of the SW~4 and
all of the SE~ of Section 34, TlS, RSE, and the NE~ of Section 3, T2S, RSE, MPM (;enerally lying
between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and
Harper Puckett Road extended)
Included in the Commissioners' packets was a copy of Commission Resolution No. 3487, as
approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3487
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission
Resolution 3487, annexing 460.2971 acres generally lying between West Oak Street extended,
Deadman's Gulch extended, North 27th Avenue extended, and Harper Puckett Road extended, be
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approved, subject to the execution of the annexation agreement by the landowner prior to October
20th. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman;
those voting No, none.
Public hearing - Commission Resolution No. 3477 - levying and assessing SID No. 669 (downtown
streetscape improvements)
Previously distributed in the Commissioners' packets was a copy of Commission Resolution
No. 3477, entitled:
COMMISSION RESOLUTION NO. 3477
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL
BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 669 IN THE CITY
OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE
COST OF ACQUIRING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT
DISTRICT NO. 669.
Mayor Youngman opened the public hearing.
No public comment was received.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that
Commission Resolution No. 3477, levying and assessing Special Improvement District No. 669, be
finally adopted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor
Youngman; those voting No, none.
Public hearinQ - Commission Resolution No. 3478 - levying and assessing the Business Improvement
District for Fiscal Year 2002
Previously distributed in the Commissioners' packets was a copy of Commission Resolution
No. 3478, entitled:
COMMISSION RESOLUTION NO. 3478
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON
ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE
CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND
EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE
FISCAL YEAR.
Mayor Youngman opened the public hearing.
Administrative Services Director Gamradt noted this is the second year of the Business
Improvement District, which requires an annual assessment resolution by the Commission.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission
Resolution No. 3478, levying and assessing the Business Improvement District for Fiscal Year 2002,
be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being
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Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor
Youngman; those voting No, none.
Public hearinq - Commission Resolution No. 3479 - levying and assessinQ Ik~htin.q districts for Fiscal
Year 2002
Previously distributed in the Commissioners' packets was a copy of Commission Resolution
No. 3479, entitled:
COMMISSION RESOLUTION NO. 3479
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT
COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE
CITY OF BOZEMAN.
Mayor Youngman opened the public hearing.
Administrative Services Director Gamradt reminded the Commissioners the City pays the
lighting district costs throughout the year and then assesses the properties for those actual costs
through resolution.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission
Resolution No. 3479, levying and assessing the lighting districts for Fiscal Year 2002, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman.
Those voting No, none.
Public hearin.q - Commission Resolution No. 3480 - lev¥in.cl and assessing delinquent garbage for Fiscal
Year 2001
Previously distributed in the Commissioners' packets was a copy of Commission Resolution
No. 3480, entitled:
COMMISSION RESOLUTION NO. 3480
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND
DISPOSING OF SOLID WASTE.
Mayor Youngman opened the public hearing.
Administrative Services Director Gamradt stated there are four property owners who failed to
pay their garbage fees. An assessment will now be levied against their property, and all unpaid
assessments will then go to the County Clerk's office to be placed as a lien against the property.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission
Resolution No. 3480, levying and assessing delinquent garbage fees for Fiscal Year 2001, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman;
those voting No, none.
10-15-2001
1-
Public hearing - Commission Resolution No. 3481 - levying and assessing delinquent sidewalk repair
costs for Fiscal Year 2001
Previously distributed in the Commissioners' packets was a copy of Commission Resolution
No. 3481, entitled:
COMMISSION RESOLUTION NO. 3481
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND
EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER
12.20 OF THE BOZEMAN MUNICIPAL CODE.
Mayor Youngman opened the public hearing.
Administrative Services Director Gamradt noted there is one delinquency,
handled in the same manner as the garbage delinquencies.
which will be
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that
Commission Resolution No. 3481, levying and assessing delinquent sidewalk repair costs for Fiscal
Year 2001, be finally adopted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost,
and Mayor Youngman. Those voting No, none.
Public hearing - Commission Resolution No. 3482 - levying and assessing delinquent sewer bills for
Fiscal Year 2001
Previously distributed in the Commissioners' packets was a copy of Commission Resolution
No. 3482, entitled:
COMMISSION RESOLUTION NO. 3482
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER
CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS
PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED.
Mayor Youngman opened the public hearing.
Administrative Services Director Gamradt noted there are seven accounts with unpaid sewer
bills. An assessment will now be levied against their property, and all unpaid assessments will then
go to the County Clerk's office to be placed as a lien against the property. He then read the state law
relating to this, stating the Commission doesn't have much choice in the matter; state law is very
clear.
Jeff leronimo, 429 North Black Avenue, questioned why he was being asked to pay for the
neighbor's sewer service. He moved into this home November 1 and is now being asked to pay for
the previous two months' sewer service.
Administrative Services Director Gamradt clarified that Mr. leronimo bought this property from
his neighbor. There was an unpaid sewer bill, for which the former owner was billed two times; but
it was left unpaid. Since state law requires only the unpaid sewer service to be placed as a lien, not
water service, Mr. leronimo has not been asked to pay the water portion.
10-15-2001
12-
Mayor Youngman asked if the lien couldn't be placed on the previous owner's current
property. Mr. Gamradt responded the lien goes with the actual property.
Commissioner Brown questioned why the title company didn't pick that up. Administrative
Services Director Gamradt answered partly because the City is always in arrears since bills aren't sent
out until the end of the month. One title company in town does check on these things, but the other
doesn't. This is basically a title insurance issue as to what is actually owing at that time.
City Attorney Luwe added that state law requires the lien be placed on the actual property.
Mr. leronimo does have an avenue to collect against the prior owner; the City can commence a
lawsuit against that individual for payment of that debt. If collection from the prior owner is
successful, the lien would be removed.
Commissioner Kirchhoff asked if the City could pay the delinquent sewer charges from the
general fund, and then recoop that money from the prior owner. City Attorney Luwe answered the
Commission could direct those charges be paid from the general fund, and the City Attorney's office
will pursue payment from the prior owner.
Since there were no Commission objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission
Resolution No. 3482, levying and assessing delinquent sewer bills for Fiscal Year 2001, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman.
Those voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to transfer $22.62
from the general fund to the rate fund to pay the delinquent sewer charges for 429 North Black
Avenue and to pursue payment from the previous property owner. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley,
Commissioner Kirchhoff, and Mayor Youngman; those voting No being Commissioner Brown.
Continued public hearing - Certificate of Appropriateness to allow demolition of an existing shed and
construction of a new 14-foot by 22-foot garage and 6-foot-high cedar fence on Lots 15 and 16,
Block 11, Butte Addition, with deviations from Sections 18.18.050, 18.50.050.f.1. and
18.50.070.A., Bozeman Municipal Code, to allow garage to encroach 3 feet into required side yard
setback and 5 feet into required rear year setback for accessory structures, and to allow fence to
exceed the four-foot height limit by two feet - Stephen T. and Missy Lan.qlas for 1120 South 3rd
Avenue (Z-01186)
This was the time and place set for the continued public hearing on the Certificate of
Appropriateness requested by Stephen T. and Missy Langlas under Application No. Z-01186, to allow
demolition of an existing shed and construction of a new 14-foot by 22-foot garage and 6-foot-high
cedar fence on Lots 15 and 16, Block 11, Butte Addition, with deviations from Sections 18.18.050,
18.50.050.f. 1. and 18.50.070.A., Bozeman Municipal Code, to allow the garage to encroach 3 feet
into the required side yard setback and 5 feet into the required rear year setback for accessory
structures, and to allow the fence to exceed the four-foot height limit by two feet. The subject
property is more commonly located at 1120 South Third Avenue.
Mayor Youngman reopened the continued public hearing.
Planning Director Epple presented the staff report, reviewing the proposal and the two
requested deviations. He clarified that there is no fence deviation necessary. He characterized this
project as a tasteful design and a nice upgrade for the neighborhood.
Commissioner Frost asked if the property owners have a permit for the already constructed
addition to the back of the house. Planning Director Epple stated he believes that addition was the
subject of a previous approval that did not require a deviation, but he will make sure it was properly
permitted.
10-15-20O 1
ince there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve the
Certificate of Appropriateness, with deviations from Sections 18.18.050, 18.50.050.f.1., and
18.50.070.A, Bozeman Municipal Code, as requested by Stephen and Missy Langlas for 1120 South
Third Avenue, in application Z-01186, subject to the following conditions:
The proposed new garage shall be sided, roofed, and otherwise detailed in a
manner that is visually consistent with the existing architectural character of the
main residence.
The new fence shall be constructed "finished side out," so that finished
elevation of the fence will be exposed to adjacent properties.
Per the Building Code, the eaves of the new garage may not extend more than
one-half the distance between the building wall and the property line.
The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
This project shall be constructed as approved and conditioned in the Certificate
of Appropriateness application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Planning
Office prior to undertaking said modifications, as required by Section 18.62.040
of the Bozeman zoning ordinance.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those
voting No, none.
Public hearing -Variance from Section 16.14.040.A. of the Bozeman Area Subdivision Regulations -
Rocky Mountain Engineers for Westland Enterprises, Inc. - allow sidewalk installation on Amended
Block 17 of New Hyalite View Subdivision to be financially guaranteed and be constructed as each
lot develops or within a three-year period (1355 Holly Drive) {P-113A)
This was the time and place set for the public hearing on the variance from Section
16.14.040.A. of the Bozeman Subdivision Regulations, as requested by Rocky Mountain Engineers
of Westland Enterprises, Inc., under Application No. Po113A, to allow sidewalk installation on the
Amended Block 17 of New Hyalite View Subdivision to be financially guaranteed and be constructed
as each lot develops or within a three-year period. The subject property is located at 1355 Holly
Drive.
Mayor Youngman opened the public hearing.
Planning Director Epple presented the staff report, noting this is a variance from subdivision
regulations for an eight lot subdivision. He then reviewed the four criteria and concluded there is
adequate rationalization for granting this variance. Planning staff and the Development Review
Committee have reviewed this variance request from Section 16.14.040.A. and find it is in general
compliance with the criteria. Therefore, Staff recommends approval.
Tom Simkins, 2005 Wilderness Drive, said he was here making this request because of past
experience and the amount of concrete that needed to be replaced. It is difficult to get over sidewalks
without cracking the concrete with heavy trucks. Mr. Simkins also advised the Commission the name
of Ash Court will be changed, upon recommendation of the Fire Department.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
10-15-2001
14-
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the variance
from Section 16.14.040.A. of the Bozeman Subdivision Regulations, as requested by Rocky Mountain
Engineers of Westland Enterprises, Inc., under Application No. P-113A, to allow sidewalk installation
on the Amended Block 17 of New Hyalite View Subdivision to be financially guaranteed and be
constructed as each lot develops or within a three-year period be approved subject to the following
conditions:
An Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all sidewalks within the cul-de-sac within a
three-year period. The developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of these
remaining sidewalk improvements.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman;
those voting No, none.
Break 8:50 pm
Mayor Youngman declared a break from 8:50 pm until 8:57 pm, in accordance with
Commission policy.
Review of application for further development - City of Bozeman - allow for construction of a 60-foot
by 72-foot addition to existing equipment building at landfill to provide for enclosed recycling
operation (2143 Story Mill Road) (R-0130)
This was the time and place set for review of the application for further development
submitted by the City of Bozeman under Application No. R-0130, to allow for construction of a 60-
foot by 72-foot addition to the existing equipment building at the landfill to provide for an enclosed
recycling operation. The subject property is located at 2143 Story Mill Road.
Associate Planner Saunders presented the staff report, noting this is a reuse application. If this
were a private property, a reuse would not come before the Commission; but reuse of city property
has to be approved by the City Commission. Planning staff and Director of Public Service Arkell have
reviewed this application and find the typical criteria for reuse have been met; therefore, Staff is
recommending approval.
Commissioner Frost asked where this building is being built, and what its primary purpose will
be. Associate Planner Saunders replied it will be attached to the north side of the existing building.
Streets and Sanitation Superintendent Sicz added it will house the baler, the rear load garbage truck,
and other recycling equipment. Trees were planted several years ago, and they plan to do additional
landscaping.
Commissioner Brown asked if the cardboard recycling will generate significant additional
revenue. Superintendent Sicz answered it will because currently the city is giving away the
cardboard, which will be worth approximately $48 per ton when baled and sold.
Chip Bowen, 3070 Mcllhattan Road and adjoining landowner to the north, questioned whether
there should be a site plan review. According to code, there should be no significant change of use
of the site; but this proposal is for a 35 percent increase, more than the 20 percent allowed by code.
Therefore, a site plan review is required. Mr. Bowen stated his main objection to the original building
was its location; it can be seen from everywhere. At that time, he requested they locate the building
further up the drainage, so it wasn't so visible. Mr. Bowen stated that in a letter he sent to Engineer
Finke, he requested the City mitigate the impacts from lighting, which affects the whole area. He said
Ms. Finke replied the lights will be turned off at night, but he requests an added condition stating
there will be no lights visible at night. Mr. Bowen asked if this addition has been considered in the
context of a decision as to where to locate the transfer station.
10-15- 2001
15-
Halle Rugheimer, 1400 Story Mill Road, read a statement asking the Commissioners about the
bigger picture of utilizing the 201 plus acres, saying the neighbors need assurances that the City will
adhere to guidelines that pertain to every other applicant, such as landscaping, lighting, etc. She, too,
requested to learn of the long-term plans for this area. She stated the community needs answers to
the following questions: How does this building addition, with adherence to the guidelines mentioned,
fit into the master planning of this 201 acres? What is the City's plan for solid waste management
in the near term?
Betty Stroock Martinez, 1350 Story Mill Road, said she was here as a concerned resident living
along Story Mill Road, who has fears about expansion at the landfill site. She said she is suspicious
that expanding this building may be the first step to siting a transfer station at the current landfill site.
She believes the City should not invest public or private funds until those concerned know what the
future holds for this site.
Rex Easton, 9315 Cougar Drive, said the City needs a comprehensive solid waste plan for the
entire area. He said the rest of his comments are contained in his letter, which was previously
distributed in the Commission packets.
Dane Gamble, 13 Hitching Post Road and Bridger Creek Golf Course superintendent, noted the
landfill building and first addition surprised a lot of people. That addition was not to be on city
services, but city sewer was extended to the site. Further, metal buildings are not attractive; and the
City requires modification of the exterior appearances of most other buildings. He said he hopes there
is more to this plan that what has been shown this evening, questioning if this is an appropriate use
of city funds. Mr. Gamble acknowledged this is a long-standing and complex problem; and while
some efforts have been made, there is still no clear picture at this time for the future of this site. He
closed by saying he believes there has been an insufficient degree of public review of this application.
Jon Gerster, 719 North Wallace Avenue, echoed previously expressed concerns. He suggested
perhaps the City should hold off on this now and go through the public approval process. Also, it
should be looked at to determine if the waste transfer facility is located elsewhere, can this addition
can be used for other uses. Mr. Gerster told the Commissioners they need to be mindful of the
concerns of the neighborhood; and they should be careful of approving this, particularly considering
design standards and that the City might be committing itself further to this site.
Engineer Finke responded to the public testimony by stating the existing total square footage
is based on the existing building, the breakroom, the two scale sheds, and the shop building, which
equals 12,000 square feet. Regarding the requests for more information, at the next Commission
meeting, the Commission will be asked to approve the transfer station scope of services, professional
services agreement, and task list. Ms. Finke pointed out the existing landfill building is served by a
septic system and a drilled well; there is a sewer service line that comes up to the property line, but
no city services are provided to that building.
Planning Director Epple stated staff does not believe this is a significant alteration; therefore,
it does not require a more in-depth review. Staff provided notice to the neighbors beyond what is
required by law because there is a significant interest in this site. Associate Planner Saunders added
reuse is normally handled solely at staff level; there is no noticing or posting required.
Superintendent Sicz acknowledged they do have a dim security light that is currently turned
off at night. Mayor Youngman stated if the light does not comply with current code, it should be
brought into compliance.
In response to Commissioner Frost's remark asking if these buildings were going to be used
for the next 10 years, Superintendent Sicz responded this addition to the landfill building has nothing
to do with the siting of the transfer station. The desire is to better utilize the recycling equipment
currently owned. A pole barn building is compatible with the surrounding agricultural area and more
landscaping can be added, if desired. Irregardless of the siting of a transfer station, he hopes this area
will stay as it is with regard to the composting and recycling operations. No additional traffic will be
generated by this addition.
10-15-2001
-16-
Ms. Rugheimer asked if the City will be making add
the landfill is a money maker, creating a profit-making situ
Streets and Sanitation Superintendent Sicz replied recyclin
funded through the enterprise fund. Recycling does not pa
accepted, it will never pay for itself.
Since there were no Commission objections, Mayo
Commissioner Frost indicated his willingness to aC
concern is that the site design, landscaping design, and I
code. The City will be using this facility for a long time, ~
and not an eyesore for the neighbors.
Commissioner Smiley indicated her appreciative~
composting and recycling efforts and becoming better orgi
addition, while she understands the neighbors' comments
Mayor Youngman stated she wants the landscaping
to offer additional screening. Planning Director Epple aske¢
Superintendent Sicz responded there is a well with a drip
It was moved by Commissioner Brown, seconded b
for further development submitted by the City of Bozema
for construction of a 60-foot by 72-foot addition to the ex
provide for an enclosed recycling operation, be approved
1. That the applicant obtain the appr¢
commencement of construction.
2
3
That all existing and future lighting be in ce
That a landscaping plan be instituted, inclu~
to offer additional screening.
The motion carried by the following Aye and No vote: tho~
Commissioner Frost, Commissioner Smiley, Commissione
voting No, none.
It was moved by Commissioner Frost, seconded by
a site plan for the area of the landfill where the buildings a
following Aye and No vote: those voting Aye being Com
Commissioner Brown, and Mayor Youngman. Those voti
Discussion - FYI Items
City Manager Johnson presented to the Commiss
items.
(1)
ordinance.
Letter from Bob Swinth, dated October 9
(2) Copy of a letter from Wittich Law Offices,
been retained by the Gallatin Valley Licensed Beverage A,~
(3) Copy of Commission Resolution No. 348
Economic Development Revolving Loan Fund, which is to
(4) Copy of a press release regarding the remo
to allow for fall clean-up.
tional money on this recycling; and, if so,
ation for the City, which is inappropriate.
is part of the Sanitation Department and
for itself; and if in the future, plastics are
Youngman closed the public hearing.
)rove this addition with conditions. His
hts all be brought into compliance with
nd it needs to be planned to be workable
~ess for how the City is expanding its
~nized. She said she is excited about this
and concerns.
)lan to include large, all-season evergreens
how the landscaping is irrigated, to which
~ystem used.
~, Commissioner Frost, that the application
3 under Application No. R-0130, to allow
sting equipment building at the landfill, to
~ubject to the following conditions:
3riate building permits prior to
3formance with current code.
ting the planting of larger evergreens
e voting Aye being Commissioner Brown,
Kirchhoff, and Mayor Youngman; those
;ommissioner Smiley, that the City initiate
'e constructed. The motion carried by the
missioner Frost, Commissioner Kirchhoff,
lg No being Commissioner Smiley.
ion the following "For Your Information"
discouraging adopting of a living wage
dated October 3, indicating that firm has
sociation.
E~, revising the guidelines for the CDBG
be considered at next week's meeting.
/al of flowers from Sunset Hills Cemetery
10-15- 20O 1
-17-
(5) Newsletter from Headwaters Recycling, announcing that the next meeting will be held
on October 18 in Boulder.
(6) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday,
October 16, at the Courthouse.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Tuesday, October 16, at the Professional Building.
(8) Agenda for the Zoning Commission meeting to be held at 7:00 pm on Tuesday, October
16, in the Commission Room.
(9) Copy of the "NENA NEWS", the newspaper of the Northeast Neighborhood
Association.
(10) Copy of a letter from Frank R. Harrington asking for the Commission's help to complete
their requested annexation.
During his FYI, City Manager Johnson offered the following items: 1 ) Commission Resolution
3488, regarding the revolving loan fund, will be brought forward on October 22nd. This Resolution
will raise the cap from $100,000 to $250,000. 2) Alerted the Commission to the fact that several
cities are considering lawsuits over Senate Bill 242. These lawsuits will be asking for clarification if
an election is mandatory, and who should be the actual voting persons.
Planning Director Epple noted the following during his FYI: 1 ) There are two pending proposals
before the loan review committee from high-tech firms. 2) Staff has not had time to thoroughly
review Mr. Harrington's letter yet.
City Attorney Luwe said, during his FYI, that he will be gone the rest of the week.
During his FYI, Commissioner Brown offered he had an enjoyable experience in Tibet.
Adiournment - 10:15 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting
No, none.
ATTEST:
· SULLIVAN
Clerk of the Commission
PREPARED BY:
Deputy Clerk of the Commission
1 O- 15- 2001