HomeMy WebLinkAbout03-29-93 City Commission Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 29, 1993
The Commission of theCity of Bozeman met in regular session in the Commission Room,
Municipal Building, March 29, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki,
City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes
Mayor Swanson deferred action on the minutes of the regular meeting of March 22, 1993,
for a period of one week since the Commissioners just received those minutes at the beginning of
the meeting.
Preliminary plat review for Westgate Subdivision - Lonny Walker for Lowell C. and ShirleyF. Curtis
et al. and the Amsterdam Lumber Company - subdivide Tract IV of Barrick Annexation located in
a_portion of the NW'/<, Section 11, T2S. RSE, into 3„1 lots for single-family residential development
10.595-acre tract located on the north side of the 2800 block of West Babcock Street P-9304
This was the time and place set for review of the preliminary plat for Westgate
Subdivision, as requested by Lonny Walker for Lowell C. and Shirley F. Curtis, et al., and the
Amsterdam Lumber Company, under Application No. P-9304, to allow subdividing of Tract IV,
Barrick Annexation, located in a portion of the Northwest one-quarter, Section 11, Township 2
South, Range 5 East, Montana Principal Meridian, into 31 single-family residential lots. The subject
10.595-acre tract is more commonly located on the north side of the 2800 block of West Babcock
-treet.
City Manager Wysocki stated that, included in the Commissioners' packets, were copies
of the staff report, a map of the proposed subdivision, minutes from the public hearing conducted
before the City-County Planning Board at its meeting of March 16, Planning Board's Resolution
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No. P-9304, and a letter from Mr. Walker's engineer which was considered at the Planning Board
meeting.
City Attorney Luwe reminded the Commission that the item before the Commission is
review of a preliminary plat. He further reminded them that under the Bozeman Municipal Code,
the City-County Planning Board is the agency which conducts the required public hearing on this
type of application; and the Commission must make its decision based on the record from that
public hearing and the Planning Board's recommendation. He stated, therefore, input should be
limited to the staff report and comments from the applicant as well as responses to questions from
the Commissioners for purposes of clarification.
The City Manager reminded the Commission that action on a subdivision request must be
taken within sixty days of the date of application; and stated that this is the sixtieth day. He
noted, therefore, unless the applicant agrees to grant an extension, the Commission must take
action today.
Associate Planner Arkell presented the staff report. She stated that Mr. Lonny Walker has
purchased the subject property; however, that change in ownership was not reflected in the Clerk
and Recorder's Office at the time the staff report was prepared. She, stated that the subject
10.595-acre parcel is located along the north side of West Babcock Street, approximately midway
between Western Drive and Valley Drive. She noted that the subject parcel is within city limits,
wholly surrounded by County Zoning District No. 1, and is currently being used as horse pasture.
She stated that the subject parcel is zoned R-3, which would allow development at the density of
four units per lot; however,the applicant proposes to subdivide the parcel into 31 single-family lots,
with the possibility of placing duplexes on two of those lots.
Planner Arkell stated that the subdivision is to be served by a public street, named
Hunter's Way, which is to end in a cul-de-sac at the north end, at least temporarily until the area
to the north is developed. She stated that Gena Circle, which is a short cul-de-sac street, will serve
five lots within the subdivision. She noted that West Mendenhall Street is to be constructed
through the subdivision and will, hopefully, be extended eastward to Western Drive with future
development in the area.
Planner Arkell stated that the applicant is dedicating parkland in the northeast corner of
the parcel; and, hopefully, through future parkland dedications for the surrounding parcels, that
park area can be increased in size to serve the entire neighborhood. She stated that a water course
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traverses the property, along a portion of the eastern edge. She noted that the Department of Fish,
Wildlife and Parks and the Soil Conservation Service must make a final determination on whether
that water course is a ditch or a stream; and that determination has not yet been made. She stated
that the applicant is proposing a linear park along that section of the water course; and if it is
determined to be a stream, the appropriate setback requirements must be met.
The Planner stated that the subject 10.595 acres is a part of the Barrick Annexation,
which was a 65-acre annexation completed in 1980. She stated that the sewer main for the Main
Mall runs through the property, in the middle of what has been platted as Hunter's Way. She noted
that the applicant proposes to tie into that sewer main, which will involve a payback to Harry
Daum.
The Planner stated that Hunter's Way exceeds the 500-foot maximum length allowed for
a cul-de-sac street. She noted that the Planning Board approved a variance to that requirement,
because it is anticipated that the road will eventually be extended to Durston Road.
Associate Planner Arkell stated that a condition has been imposed on this preliminary plat,
at the request of the Park Superintendent, to require the creation of a park maintenance district to
improve and maintain the park area which covers the entire subdivision.
The Planner stated that several issues were discussed at length before the City-County
Planning Board during its public hearing on this preliminary plat, which was held at its regular
meeting of March 16. She stated that one of those issues was the storm sewer and storm water
runoff detention/retention plan. She stated that the applicant proposes to provide a detention area
within the parkland, in a subtle depression that will not impact utilization of the park during dry
weather. She noted that another issue discussed was the stream versus ditch issue, which must
be resolved by outside agencies; and that item has been addressed in the conditions forwarded by
the Board.
Planner Arkell stated that one of the major issues is extension of the City waterline to the
subject subdivision. She stated that the applicant proposes to extend the water main along West
Babcock Street, then north along Hunter's Way to a dead end at the north end of the subdivision.
She indicated that the Director of Public Service does not support this proposal for several reasons.
She stated that this alternative provides only one water supply to the subdivision; and if a break
occurs in the line, the entire subdivision will be without water. She stated that the second issue
is the quality of water at the end of the line, and the fact that new EPA standards for flushing and
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testing dead end lines will be imposed in the near future. She noted that the costs of looping the
system are quite high, since the line would need to be extended to Durston Road, then east to
North 23rd Avenue, a distance of approximately 3,350 feet at a cost of $40 per lineal foot. The
Planner stated that, in light of these concerns, the Director of Public Service forwarded his
- recommendation that the water line be looped; however, after discussion, the Planning Board
determined that adequate safety measures could be taken to mitigate the problems of a dead end
line. She noted that the Board did impose a condition that the applicant sign a waiver of right to
protest the creation of an SID for future looping of that line, because of the severe impact that a
looped system would place on the project.
Planner Arkell stated that another issue which received considerable discussion was traffic
on West Babcock Street, which is mainly a county road at that point, with a 20 to 24-foot-wide
paved surface and no shoulders, curb and gutter or sidewalks. The Planner stated that nine
members from the public spoke at the public hearing, many of them expressing concern about the
impacts this subdivision would have on West Babcock Street, and further expressing concern about
being required to participate in a future special improvement district for the improvement of West
Babcock Street, which is being impacted by new development. She stated that at that public
hearing, those in attendance were assured that any SID for improvements to West Babcock Street
would cover a substantial area, not just those properties fronting on the street.
Planner Arkell stated that, following review of the proposed subdivision, the Planning
Board concurred with the Planning staff's analysis that Lots 16 and 20 must be revised because
once the setbacks are met, the buildable area is too small. She stated that the Planning Board
concurred with her recommendation that the lot line between Lots 13 and 14 be realigned,creating
more uniform lots. She noted that this strictly reflects her personal preference, and that the
applicant's proposal is actually acceptable, although it does create larger and small lots rather than
uniform lots.
The Planner stated that staff reviewed this application in light of the eight public interest
criteria set forth in the Montana Code Annotated; and their findings are included in that report. She
stated that the Planning Board also reviewed this application in light of those eight criteria, and
found that the application is generally in compliance. She briefly reviewed those findings,
highlighting some of the issues.
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The Planner stated that the covenants for the proposed subdivision will encourage the
installation of modular or manufactured homes, subject to specific conditions, which will be
beneficial to addressing the affordable housing problems in Bozeman. She indicated that the
covenants address items such as size and architectural design, which will help to protect the area;
and they further require that a street light be installed as each lot is developed. She noted that
there was an approved subdivision proposal for this subject site in 1984, under which 84 multi-
family dwelling units were to be constructed. She noted that this subdivision proposal dramatically
decreases that number, to 31 single-family or possibly 35 dwelling units with the installation of
some duplex units, on the 10.595 acres.
The Planner stated that staff is aware of the potential for high groundwater in the subject
area. She noted that, in light of that fact, a note must be included on the plat which warns against
the installation of full basements due to the high groundwater.
The Planner stated that the water and sewer services can be provided to the proposed
subdivision with no adverse impacts to those systems. She stated that Mr. Gary Griffith, School
District No. 7, has once again forwarded his concern that new subdivisions in the city could
'adversely impact already over--crowded schools. She noted, however, that it is not known how
many children in the subdivision would actually be new to the system, and how many would have
simply relocated within the school district boundaries.
Planner Arkell stated that, while the subdivision will compound existing traffic problems
on West Babcock Street, staff feels that those impacts are not dramatic enough to require more
than signing a waiver of right to protest the creation of a special improvement district for upgrading
of that roadway. She noted that access to West Babcock Street is to be from Hunter's Way only;
and a "no access" note is to be included on the plat for those lots with frontage along Babcock.
Associate Planner Debbie Arkell stated that, after receiving the staff report and testimony
from the public, the City-County Planning Board voted to recommend approval of the subdivision,
subject to nineteen conditions.
Responding to Commissioner Knapp, the Planner stated that Condition No. 8 is written
based on the assumption that the watercourse is a stream. She stated that if the watercourse is
determined to be a ditch, then only those standards would apply. She suggested that, if the
Commission wishes, it could add a third paragraph to that condition which would read, "If
determined that this is not an active watercourse but, instead, is an irrigation ditch, a 10-foot-wide
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maintenance easement shall be provided on each side of the irrigation ditch as it traverses the
subject property."
Responding to Commissioner Frost, the Planner stated that the preliminary plat shows the
proposed cul-de-sacs off the site. She stated that to accomplish this, the applicant must obtain
the appropriate easements from adjoining landowners. She noted that if he is unable to do so, then
the cul-de-sacs must be installed on-site, which could eliminate the use of a lot, at least on a
temporary basis until the roadway is extended.
Further responding to questions from Commissioner Frost, the Planner stated that there
is a potential for flooding, no matter whether the watercourse is determined to be an active stream
or a ditch. She noted that in the winter, temperature changes can cause freezing and melting; and
that can result in sheeting if the watercourse is full of ice. She stated that this can be addressed
through either deepening the ditch or building up the banks.
In further response to Commissioner Frost, Planner Arkell stated that relocating the lot line
between Lots 13 and 14 is her personal preference. She stated that the lot line must run
perpendicular to the street, which it does under the applicant's proposal. She noted, however,that
one of the items addressed when reviewing a subdivision is whether the lot sizes are relatively
uniform. She noted that, as proposed by the applicant, these two lots are substantially different
in size; and redrawing the lot line as she has proposed would make them more uniform. She also
noted that Lot 14, as proposed by the applicant, has only three sides, which could create some
confusion when trying to determine side yard and rear yard setbacks. She acknowledged that
under her proposed redrawing of the lot lines, the lot would barely exceed the 1 to 3 ratio for lot
width to lot length.
Planner Arkell next addressed the issue of a looped water line, in response to questions
from Commissioner Frost. She noted that it is anticipated that if installation of a dead end line is
allowed, it will be only a temporary situation because development of the property to the north
should occur within the next few years. She stated that if the Commission wishes to establish a
time limit for allowing the dead end line to exist, after which time an SID will be initiated for looping
of the water line, that would be an option; however, she cautioned that time should be quite
lengthy. She stated that if the Commission wants to see the looped line installed within five years,
it should just include that requirement in the conditions for approval so that the developer can pass
those costs along to the purchasers of the lots.
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Mayor Swanson stated it was his impression that a park maintenance district would be
created similar to the street and tree maintenance districts, which encompasses the entire
community, rather than just specific neighborhoods.
Planner Arkell stated that this would be the first such district created; and the intent is to
,,provide for more immediate development and maintenance than would otherwise be possible
through the City's general fund expenditures. She suggested that the Commission could clarify the
condition to stipulate that if a city-wide park maintenance district is created, this district would be
discontinued.
Responding to Commissioner Frost, the Planner stated that extension of West Beall Street
would traverse the north boundary of the subject parcel. She then noted that West Beall Street
could not be extended through Western Drive; therefore, staff recommends that West Mendenhall
Street be the one extended westward.
Responding to Commissioner Vincent, the Planner stated that staff has recommended a
notice regarding high groundwater be included on the face of the plat to caution buyers of the
problems that could be incurred by installing a basement without a sump pump. She noted that
in a title search, this information would be revealed. She noted that a similar statement should also
be incorporated into the covenants.
Mr. Lonnie Walker, applicant, briefly addressed the issue of ditch versus stream
designation for the watercourse which traverses the property. He stated that the latest information
he received from the Department of Fish, Wildlife and Parks is that it is a ditch; and that is the basis
upon which he is proceeding with his plans. He then stated his intent to improve the banks along
that ditch, noting that the horses have it pretty well beat down in places right now, making it easy
for water to overflow. He noted that with improvements to the bank and the fact that people will
be living there, he does not believe that flooding from the ditch will be as much of an issue.
Mr. Walker addressed the issue of a looped water line. He noted that he expects the
property to the north to develop shortly after his parcel does; therefore, the cul-de-sac street and
the dead end water line should both be temporary situations.
Mr. Walker stated his concurrence with the staff report, except for Condition No. 14,
pertaining to the lot line between Lots 13 and 14. He stated that the proposed revision of the lot
would create long, narrow lots; and if duplexes are contructed on those lots, they will not be able
to face the street. He encouraged the Commission to leave the lot lines as proposed on the
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preliminary plat. He stated that, since Lots 16 and 20 do not provide an adequate buildable area,
the lot lines will be adjusted to do so.
Responding to Commissioner Frost, Mr. Walker stated he has not noticed any flooding on
the subject site; however, he noted that he is not there all of the time. He stated that, based on
conversations with people who reside in the area, it appears that most of the flooding which has
occurred on the site has been on the north end, which is where the park is proposed. He noted
that through grading on the site, any potential flood waters could be drained into the
detention/retention area which is to be provided in the park area.
Further responding to Commissioner Frost, Mr. Walker stated that the watercourse is a
part of the Farmers' Canal; and he owns water rights in it.
Commissioner Frost noted that determination on the status of the watercourse must be
in writing from the appropriate federal agencies.
Responding to questions from the Mayor, Mr. Walker stated that he anticipates most of
the manufactured or modular homes placed within the proposed subdivision will be financed
through FHA; therefore, certain requirements must be met within the subdivision. He also stated
does not anticipate that basements will be placed under those homes.
Responding to Commissioner Frost, Planner Arkell stated that there are City standards for
curb cuts and wheelchair ramps in residential areas; and those must be met within this subdivision.
Further responding to Commissioner Frost, the Planner stated that the method of
assessment for the future SID to improve West Babcock Street will be established in the resolution
of intent to create that district. She stated that since it is anticipated that the district will include
an extended area, the lineal footage method will probably not be used.
Mayor Swanson asked if Condition No. 3 should be revised to establish a time limit for the
dead end water line, to ensure that the City's interests and the public's interests are protected; the
City Manager suggested that would be appropriate.
Planner Arkell stated that it could be three years before the improvements are installed and
development within this subdivision begins; and it could be at least an additional three years before
Mr. Barrick's property is developed. On that basis, she suggested that a ten-year limit on the dead
end water line would be appropriate.
Mr. Lonnie Walker stated that he feels a ten-year period is reasonable.
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Commissioner Vincent stated he has reviewed this application for preliminary plat in light
of the eight public interest criteria set forth in the Montana Code Annotated; and he has determined
that, on balance, it is not in the public interest.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission approve the preliminary plat for Westgate Subdivision, as requested by Lonny Walker
under Application No. P-9304, to allow subdividing of Tract IV, Barrick Annexation, located in a
portion of the Northwest one-quarter, Section 11, Township 2 South, Range 5 East, Montana
Principal Meridian, into 31 single-family residential lots, subject to the following conditions:
1 . That the final plat shall comply with Section 16.10.030 of the Bozeman
Area Subdivision Regulations, and shall include all appropriate
documents and corrected certificates, as referenced in the staff report;
2. That Montana Department of Health and Environmental Sciences
approval of the subdivision must occur prior to final plat approval
pursuant to Section 16.16.101 through 16.16.805, A.R.M.;
3. That the property owners of record file with the Clerk and Recorder a
waiver of right to protest creation of an SID for future water line
improvements to complete a looped water line from the terminus of the
8-inch water line at the north boundary of Westgate Subdivision to
connect with the water line in Durston Road, prior to final plat approval,
with the stipulation that the water line must be extended to provide a
looped system within ten years from the date of final plat approval;
4. That acceptable temporary cul-de-sacs must be constructed at the
north end of Hunter's Way and at the east end of Mendenhall Street.
If located on private property,adequate easements shall be provided for
the cul-de-sacs. City standard barricades shall be installed at both
cul-de-sacs and at the west end of Mendenhall Street. The apostrophe
in "Hunter's" must be deleted;
5. That the plans and specifications for the water and sewer main
extensions, the public streets, and stormwater improvements be
prepared by a professional engineer (PE) and be provided to and
approved by the City Engineer (and where required the Montana
Department of Health and Environmental Sciences).
The street details must ensure that the curves in Hunter's Way are
adjusted to keep the water and sewer lines under pavement. The
developer shall install a stop sign at the intersection of Hunter's Way
and West Babcock Street and street markers at all street intersections.
Detailed stormwater runoff, pond sizing, and discharge calculations;
discharge structure details; pond construction details; and a detailed
stormwater maintenance plan must be approved by the City Engineer.
If the storm detention pond is located within the dedicated park area,
it shall be designed to be conducive to the use of the park. If the
stormwater is intended to discharge to the stream, a stormwater
discharge easement must be submitted for the construction and
maintenance of the discharge channel leading to the ditch.
The developer shall pay the required payback fees to the Daums for
hookup to the sewer main prior to connecting to the main.
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The developer shall provide professional engineering services for
construction inspection,post-construction certification,and preparation
of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications
have been approved and a preconstruction conference has been
conducted;
6. That all infrastructure improvements shall be completed or financially
- guaranteed prior to final plat approval. Pursuant to City Code, no
building permits may be issued until the improvements have been
completed;
7. That adequate and appropriate utility easements shall be provided on
the final plat;
8. That the Montana Fish, Wildlife and Parks, Soil Conservation Service,
Montana Department of Health and Environmental Sciences, and Army
Corps of Engineers shall be contacted regarding the proposed stream
relocation and any required permits must be obtained prior to final plat
approval. If permits are not required from any of the above-listed
agencies, a letter from the agency indicating the same shall be
submitted to the Planning Office. The abandoned ditch shall be filled
with good top soil, leveled and seeded with approved grass.
The 35-foot watercourse setback shall be accurately indicated on the
final plat, and a notation shall be included on the face of the plat
indicating that no construction may occur in the watercourse setback.
All trees within the watercourse area shall be protected and preserved.
If determined that this is not an active watercourse but, instead, is an
irrigation ditch,a 10-foot-wide maintenance easement shall be provided
on each side of the irrigation ditch as it traverses the subject property;
9. That the applicant shall provide and file with the County Clerk and
Recorder's Office executed waivers of right-to-protest creation of SID's
for the following:
a. Street improvements to Babcock Street including
paving, curb/gutter, sidewalk and storm drainage.
b. Street improvements to Durston Road including
paving, curb/gutter, sidewalk and storm drainage.
C. Signalization at Main and Babcock Streets;
10. That sidewalks, constructed to City standards, shall be installed on
both sides of the subdivision streets and on the north side of adjoining
Babcock Street (one-foot from property line) at the time houses are
constructed on individual lots. Upon the third anniversary (3 years) of
the final plat recordation, any lot owners who have not constructed
their sidewalks shall be required to install sidewalks on their lots,
regardless of whether a home is constructed on the lot or not. Wheel
chair ramps shall be installed at all intersections;
11 . That the final plat shall contain the following notation regarding high
groundwater on the property:
Due to the relatively high groundwater table
within the subdivision, it is not recommended that
residences with full basements be constructed. If
daylight basements are incorporated in the
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construction of homes, they should not have a
depth greater than three feet below the top of the
curb of the street from which it is served;
12. That the minimum one-ninth park dedication (i.e. 0.866 acres) be
dedicated on the final plat. If the storm detention pond is located
within the dedicated park area, it shall be designed to be conducive to
the use of the park, and the design shall be approved by the City
Engineer and Park Superintendent prior to final plat approval. All
mature trees located in the designated park land shall be protected and
preserved.
All building material, fence posts and wire, unused head gates, metal
and other debris shall be removed from the park, detention pond and
West Babcock right-of-way, and any park land that is disturbed during
construction shall be repaired and reseeded prior to final plat approval.
The existing barb wire fence on the east boundary of the park must be
removed and replaced with a fencing material acceptable to the
adjoining property owner (not barb wire) prior to final plat approval.
All park boundaries shall be marked and delineated to the satisfaction
of the Park Superintendent, prior to final plat approval;
13. That the developer request that the City Commission institute a park
maintenance district for this development prior to final plat approval.
If the City Commission elects not to form the District at this time, then
the property owner shall provide and file with the County Clerk and
Recorder's Office and executed waiver of right to protest the creation
of a park maintenance district. If a park maintenance district is created,
it may be expanded to include other properties in the immediate area
as development occurs; and if a city-wide park maintenance district is
created, it shall replace this local district;
14. That the design of Lots 13 and 14 be changed per the staff
recommendation outlined in the staff report for this subdivision, and
that the lot configuration of Lots 16 and 20 be changed to ensure
adequate building area on each lot. The final design shall be reviewed
and approved by the Planning Office prior to final plat approval;
15. That the County Weed Control Officer approve a Weed Control Plan for
the subdivision, and a signed copy of the plan be submitted to the
Planning Office prior to final plat approval;
16. That the covenants shall be amended per the comments contained in
the staff report. The covenants shall be submitted to the Planning
Office for review and approval prior to final plat approval;
17. That a "no access" note be placed on the final plat restricting access
to Babcock Street from Lots 1 and 31;
18. That the existing white house and barn be removed, and the red log
home be relocated to comply with zoning (or removed) prior to final plat
approval. The existing septic system serving the structure(s) shall be
pumped and either filled or removed to the satisfaction of the County
Sanitarian. The project engineer shall certify to the Planning Office that
the septic system has been adequately abandoned. If the red log
structure is relocated on the lot, it shall connect with City sewer and
water services. The existing spruce trees shown on Lot 1 shall be
protected and preserved;
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19. The developer shall enter into an Improvements Agreement with the
City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation
of all improvements, the developer shall supply the City of Bozeman
with an acceptable method of security equal to 150% of the cost of
the remaining improvements.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No being
Commissioner Vincent.
Continued._discussion - request for $2,500 in funding for cultural planning process - John C.
Barsness Executive Director of Montana Arts Foundation
City Manager Wysocki reminded the Commission that they had originally discussed this
request for funding at their meeting of February 22, at which time they referred it to the Planning
Board for consideration. He stated that the Board did consider it at their meeting of March 16, but
were unable to obtain the minimum six votes to forward a recommendation for approval. He stated
that in addition to a memo from Planning Director Epple, dated March 22, forwarding the Planning
Board's input, the Commissioners have received copies of letters in support of the request from:
Amanda Cater, Project Manager at the Emerson Cultural Center; Mr. John Barsness, dated March
29; and John Hosking, Vigilante Theatre and Emerson Cultural Center. He stated that the
Commissioners have also received copies of information from the initial cultural assessment
process.
Grantsperson/Neighborhood Coordinator James Goehrung reviewed the information which
was submitted in the packets. He cautioned that care must be taken to distinguish between the
cultural plan as proposed from the original community cultural assessment that was conducted in
1990. He stated that a cultural assessment is needed to ensure that the City can take advantage
of the monies made available from the National Endowment for the Arts through the Montana Arts
Council.
Coordinator Goehrung stated that it is important for local government to become involved
in the process, to ensure the integrity of the program and enhance the possibility for successful
grant applications. He noted that the City has sponsored several successful grant applications over
the past few years, including applications for the Beall Park Arts Center, the Bozeman Symphony
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and the Montana Ballet Company. He suggested that with a cultural plan, the City could probably
be successful in sponsoring an even greater number of funded applications.
Coordinator Goehrung reviewed the concept of a cultural plan, noting that it begins with
a survey of existing cultural activities available and an analysis of the strengths and weaknesses.
He stated that under the $2,680 grant from the Montana Arts Council in 1990, an inventory of the
cultural activities existing at that time was developed; however, that was as far as the process was
carried. He stated that a memo from Dennis Seibel, part-time Historic Preservation Officer, dated
June 21, 1990 to the City Manager and City Commission, forwarded that information.
Coordinator Goehrung emphasized the importance of local government leadership and
coordination of efforts, as well as identification of potential funding options. He stated that, in that
light, he supports completion of the cultural plan; however, he questioned the concept of
incorporating it into the master plan.
Responding to Mayor Swanson, Coordinator Goehrung stated that during the 1990
process, three meetings were held, which included representatives from various arts groups. He
stated that during those meetings, an accurate listing of the cultural activities available was
developed.
City Manager Wysocki stated that he has asked Grantsperson/Neighborhood Coordinator
Goehrung to provide background information on this issue because he feels that the proposal
currently before the Commission represents a twist from what was originally anticipated. He noted
that at the previous meeting, he asked Mr. Barsness what he meant by a cultural plan; and he did
not receive a firm response. He expressed his reservation about including an unknown document
in the master plan; and he noted that the Planning Board has essentially voiced that same concern
in its input to the Commission.
Mayor Swanson asked if the monies which are available to the Montana Arts Foundation
could be utilized to complete the task in the manner in which the City would like to have it
completed or if they are earmarked in a different direction.
Responding to questions from the Mayor, Coordinator Goehrung stated that under the
previous grant, the part-time Historic Preservation Officer was retained on an expanded schedule
to compile data from a cultural needs assessment survey, complete an inventory of cultural
activities in the community and determine the strengths and weaknesses in the community's
cultural program. He stated that Mr. Seibel was progressing well with that project; however, he
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terminated his position with the City, which left this process hanging as well. He stated that the
request before the Commission at this time would provide an opportunity to redeem some of that
work and complete the process. He then stated that in Helena and Missoula,the local governments
have become actively involved in the cultural planning process, and have been successful in
obtaining a substantial amount of grant monies each year. He noted that to a lesser extent,
Bozeman has also been successful in obtaining funding for the grant applications which it sponsors.
He emphasized the fact that the Montana Arts Council carefully reviews the cultural planning
process that has taken place in a community when determining whether to approve an application
for grant monies.
Commissioner Knapp asked if there is any physical evidence of the beginning of the
cultural planning process, which could possibly be used as the basis for development of a cultural
plan.
Coordinator Goehrung responded that he has a copy of the data which was collected and
compiled, noting it is approximately 3/4-inch thick. He indicated that the Emerson Cultural Center
reviewed that information when it began its program.
Grantsperson/Neighborhood Coordinator James Goehrung reiterated the importance of
local government taking an active leadership role in the process. He noted that if a cultural entity
in the community accepts that role, it can lead to conflicts in applying for grant monies or the
distribution of those monies.
Responding to further questions from the Commission, Coordinator Goehrung stated that
the information contained in the original survey and inventory must be updated. He explained that
the Performing Arts Center committee has become active since the survey was done; and the
Emerson Cultural Center has been developed. He noted those are two substantial entities in the
cultural arena; and their activities and ideas should be incorporated into the plan.
Coordinator Goehrung stated that under the proposal that has been submitted to the
Commission, an individual has been selected and a general concept of the end product established
jy an outside agency. He suggested that the Commission may wish to identify the scope of the
work to be performed and the end product it desires, then seek proposals for that work. He
suggested that the work could possibly be completed for the amount being requested or maybe
even less.
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Commissioner Vincent stated he feels it is important that the Commission is assured that
the $2,500 to be spent on this project is a worthwhile investment, particularly in these tight budget
times.
Responding to Commissioner Stiff, Coordinator Goehrung stated he does not know what
strings, if any, may be attached to the grant monies which the Montana Arts Foundation has
available for its proposal. He indicated that a telephone conversation with the Montana Arts
Council could provide the answer to that question.
Commissioner Frost noted that confusion has arisen because the Commission did not
know what a cultural plan was, yet they were being asked to appropriate monies for the
development of one. He suggested that, while the original proposal submitted may not
appropriately address the issue, revisions as suggested by Coordinator Goehrung could result in a
document that could prove beneficial to the community.
Coordinator Goehrung stated that if the Commission is interested in pursuing the
completion of the cultural assessment, the next step would be for staff to gather information
addressing the questions raised by the Commissioners. He stated that information could then be
submitted to the Commission for further consideration.
Mayor Swanson stated that in Mr. Barsness' letter to the Planning Board, dated February
24, he suggested that the work he is proposing would be a completion of the process that was
already started. He noted that, while he agrees with that concept, he feels that it is important to
set the parameters which will generate an end product that will be of benefit to the residents of
the community.
City Manager Wysocki stated that what the City had undertaken with the initial grant
monies and what is proposed by the Montana Arts Foundation are two different things; the
Commissioners concurred. He recommended that the Commission allow staff an opportunity to
research the issue and submit additional information for consideration.
Commissioner Knapp stated support for the cultural assessment, for the reasons stated
by Coordinator Goehrung. She stated that the issue of including this information in the master plan
is a totally separate issue that should be addressed at another time.
Mayor Swanson added that the community has made a major investment in the Emerson
Cultural Center; there is a potential $5 million investment in the Willson Auditorium, and probably
a subsequent investment in the Ellen Theatre. He stated that, with these investments being made,
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he feels it is important that the City take whatever steps it can to protect and enhance those
investments.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission authorize and direct staff to review the information compiled under the original grant;
submit to the Commission a proposal for finalizing the process and the end product desired; and
seek input from the Montana Arts Council on whether the grant monies set aside for the Montana
Arts Foundation could be utilized by another agency for completion of the cultural assessment and
plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Vincent, Commissioner Knapp,Commissioner Frost and Mayor Swanson;those
voting No, none.
Discussion - memo re prioritization of TSM projects - Neighborhood Coordinator James Goehrung
Grantsperson/Neighborhood Coordinator James Goehrung reviewed the draft"TSM Project
Prioritization and Selection", dated March 18, which had been submitted to the Commission during
last week's discussion of the transportation plan update. He provided a general overview of the
document, noting that he had prepared it in an effort to assist the Commission in reviewing and
prioritizing the TSM projects associated with implementation of the transportation plan update.
The Coordinator stated that on the first two pages, he compiled criteria for ranking of the
TSM projects into the categories of "immediate", "current", "retain" and "drop". He noted that on
Pages 3 and 4, he has provided a suggested priority list, separating them into categories by the
type of action required. He stated that some of these will require decisions on whether to take
steps that involve a substantial amount of maintenance or steps which involve a higher up-front
cost and less maintenance, i.e., painted striping versus inlaid striping for bike lanes. He noted that
Page 5 contains a listing of more costly TSM projects, i.e., ten traffic signals at an approximate
cost of $100,000 each.
The Coordinator stated that on Page 6, he has attempted to identify each of the TSM and
major network improvements on a city map, to graphically demonstrate where those projects are
located. He noted that on Page 7, he has provided a listing of TSM's and major committed
network improvements. On Pages 8 through 10, he has attempted to chart the relationship
between specific major network improvements and TSM's. He stated that some of these projects
could qualify for ISTEA monies; therefore, they may quickly rise to the top of the priority listing.
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Coordinator Goehrung stated that on Pages 11 and 12, he has sorted the TSM's into ten
different categories, based essentially on safety issues. He suggested that working with the Police
Department may be beneficial. He noted that on Pages 13 through 18, he has identified the
various projects by funding source and problem, in an effort to assist in the budgeting process.
Commissioner Knapp suggested that a criterion be added to the criteria listed on Page 1,
which would address where responsibility for the project will lie. She stated that most of the
responsibility will probably lie with the Department of Public Services, and have a definite impact
on personnel as well as finances.
Commissioner Frost stated that on Page 4, Project No. SW7 should be included under
Category F.
Responding to Mayor Swanson, the Coordinator addressed Section III on Page 4, which
includes TSM's that involve neighborhood concerns. He suggested that as the time gets close for
implementing projects that may generate considerable neighborhood concern or input, he feels it
would be beneficial to meet with the neighborhood and solicit input. He further noted that if the
public is informed before a project is undertaken, the support for that project will probably be much
greater. He stated that, as Neighborhood Coordinator, the responsibility for contacting those
individuals will probably be his.
City Manager Wysocki stated that he met with the new District Engineer from the
Montana Department of Transportation and the new appointee to the Highway Commission last
week. He stated that issues of discussion included the realignment of the intersection of West
Babcock Street and West Main Street, along with the installation of a traffic signal; the installation
of a traffic signal at the intersection of North 7th Avenue and West Tamarack Street; and the
installation of a traffic signal at the intersection of North 7th Avenue and Griffin Drive. He stated
that the West Main Street to Four Corners project is moving fast enough that the Department of
Transportation is not interested in including realignment of the intersection at West Babcock Street
in the project. He stated, however, that if the City is able to get the designing of that intersection
completed in time, they would be willing to allow that project to be bid simultaneously with the
West Main Street to Four Corners project, at this time next year.
Mayor Swanson stated his appreciation for the work which Coordinator Goehrung has
done to categorize the TSM projects. He asked that any suggestions for improving the format be
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forwarded to the Coordinator as quickly as possible, so they can be incorporated into the final
document.
City Manager Wysocki suggested that the listing be expanded to include a brief description
of the project next to the project number, so that all of the information is readily available within
the same document.
Responding to questions from the Mayor, the City Manager stated that striping is done
twice a year. He estimated that inlaid striping will last for five years; and the payback would
probably take two years. He then suggested that this type of project would qualify for the
enhancement monies that will soon be available. He noted that care should be taken to include any
inlaid strips in overlay projects which may be done in the future.
Responding to Commissioner Frost, Coordinator Goehrung stated that the TSM projects
contained in this listing were taken from the transportation plan update, as revised to include the
recommended modifications and additions forwarded by the Planning Board.
Commissioner Knapp asked if this information could be loaded into the computer in a
manner which would allow for sorting in different manners, to determine what impacts specific
projects may have.
The Commissioners stated appreciation for the document, and thanked Coordinator
Goehrung for his assistance.
Appointments to Board of Appeals
City Manager Wysocki stated that, included in the Commissioners' packets, was a memo
from the Clerk forwarding a listing of the applicants for the various boards.
Responding to Mayor Swanson, Clerk of the Commission Sullivan stated that she has
advertised for these positions on three separate occasions, with no response. She indicated that
Building Official Kyle Harlan writes articles regularlyfor the Southwest Building Industry Association
_k. newsletter; and he is including these positions in his next article, in an attempt to generate interest.
Mayor Swanson requested that the Clerk prepare a short description of the board's duties
and the requirements for membership, for distribution to the Commissioners, so they can also
become actively involved in recruiting applicants.
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Appointments to Bozeman Beautification Advisory Board
It was moved by Commissioner Knapp that Pamela Bryan be nominated for the Bozeman
Beautification Advisory Board. The motion carried by the following Aye vote: those voting Aye
being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and
- Mayor Swanson.
It was moved by Commissioner Knapp that Michael E. Vincent be nominated for the
Bozeman Beautification Advisory Board. The motion carried by the following Aye vote: those
voting Aye being Commissioner Knapp, Commissioner Stiff, Commissioner Frost and Mayor
Swanson.
It was moved by Commissioner Vincent that Dan O'Leary be nominated for the Bozeman
Beautification Advisory Board. The motion failed by the following Aye vote: those voting Aye
being Commissioner Vincent.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission appoint Pamela Bryan and Michael E. Vincent to the Bozeman Beautification Advisory
Board. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor
Swanson; those voting No, none.
Appointment to Design Review Board
It was moved by Commissioner Frost that Ronald E. Hess be nominated to the Design
Review Board. The motion carried by the following Aye vote: those voting Aye being
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission appoint Ronald E. Hess to replace Jerry Bancroft on the Design Review Board, with
a term to expire on June 30, 1994. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner
Vincent and Mayor Swanson; those voting No, none.
03-29-93
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Discussion - preparation of City Commission budget unit for Fiscal Year 1993-1994
City Manager Wysocki noted that, included in the Commissioners' packets, was a
proposed budget for the City Commission budget unit for Fiscal Year 1993-1994, as prepared by
the Clerk.
Clerk of the Commission Sullivan responded to several questions from the Commissioners
regarding various items included in the proposed budget figures. She indicated that the major
reason for the increase is due to the necessity to budget for two elections because three
Commissioners are up for election this year.
City Manager Wysocki reminded the Commission that this year, for the first time in several
years, a transfer from the General Fund to the Planning Fund, in addition to the two mills which are
levied annually for the planning function, might be necessary; and that transfer should probably be
included in this budget unit. He indicated that the transfer will be included during the budgeting
process, once that amount is established.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission acknowledge receipt of the proposed budget unit for Fiscal Year 1993-1994, and
direct that it be forwarded for inclusion in the budget document for the upcoming fiscal year. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) Memo from Director of Public Service Forbes, dated March 26, forwarding the
results of recent landfill groundwater monitoring.
The City Manager stated that the magnitude of the results of those tests is not yet known;
'and staff is working with representatives from the State to analyze the information.
(2) Information on the tree trimming program for this spring and next fiscal year, as
reflected on maps of specific sections of the community.
The City Manager stated that staff will forward a similar report on the sidewalk program
in next week's packet.
03-29-93
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(3) Letter from Larry and Linda Ellison, 3301 West Babcock Street, dated March 22,
regarding improvements to that street.
(4) Minutes of the Bozeman Beautification Advisory Board meeting held on March 2.
(5) Letter from Darla Joyner, Executive Director of the Bozeman Area Chamber of
Commerce, dated March 15, regarding implementation of the transportation plan update.
(6) Minutes of the Bozeman Area Bicycle Advisory Board meeting held on March 16.
(7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
March 30, along with daily minutes for the week of March 15.
(8) Agenda for the Development Review Committee meeting to be held at
10:00 a.m. on Tuesday, March 30, at the Carnegie Building.
(9) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on
Tuesday, March 30, at the Carnegie Building.
(10) Summaries of the initial goals as submitted by the individual Commissioners and
by the various department heads.
The City Manager distributed copies of a memo from Planning Director Epple, containing
My 'the list of goals for his department, since they were not included in the summary listing.
The City Manager asked that the Commissioners review the summary of their initial goals
to ensure that they have been accurately reflected in that document.
(11) The City Manager submitted his weekly report, as follows. (1) Met with the new
District Engineer and Highway Commissioner last week, as noted earlier in the meeting. (2) Stated
that City crews are working on street sweeping and patching as much as possible with the recent
break in the weather. (3) Stated he is working with Administrative Services Director Gamradt to
complete the three-year budget projections, and will hopefully have the document completed by
the end of April. He noted that the document will separate General Fund,Water Fund, Sewer Fund
and Garbage Fund activities, like the budget document does. (4) Announced that the City has
recently mailed flyers regarding the household hazardous wastes program that is scheduled in June.
(5) Noted the level of activity which is now accompanying legislative issues, indicating that the
number of letters being mailed from the City is increasing accordingly. (6) Announced that he and
Assistant City Manager Brey will be attending the Greater Open Spaces City Managers'Association
(GOSCMA) meeting in Powell, Wyoming, later this week.
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(12) Commissioner Frost submitted the following. (1) Attended the DBA Board
meeting this past week. (2) Attended the Enhancement Steering Committee meeting on
Wednesday. He noted that the next meeting is scheduled for May 5, at which time Planning
Director Epple will submit additional information on the list of items they discussed at their meeting.
- (3) Attended the Bozeman Preservation Society meeting last week. He noted that they are now
incorporated, as a tax deductible corporation, so they can accept contributions. (4) Participated
in the trio's singing debut at the Heart fund raiser held on Thursday evening.
(13) Commissioner Knapp attended the Broad Valleys Federation of Libraries retreat
in Butte over the weekend. She noted that one of the workshops was on ADA and its
requirements; and she has forwarded all of the materials distributed at that workshop to the City's
ADA Coordinator, Ron Brey. She stated her pleasure in knowing that the Bozeman Public Library
is ahead of many others on this issue and has, in fact, designated a person to coordinate those
efforts.
(14) Commissioner Vincent submitted the following. (1) Announced that the Bozeman
Senior High School is the one high school in the State that has been nominated for the President's
'Excellence in Education award. He stated that a substantial amount of extra work is being done
at the school in preparation for that visit. (2) Stated that he has received a letter from the Gallatin
County Prevention Coalition, asking for endorsement of a joint resolution. He forwarded that
information to the City Manager, for appropriate action.
(15) City Attorney Luwe stated that he and Mr. Barry O'Connell met with Joan
Haines, reporter for the Bozeman Daily Chronicle, on Friday. He stated that an article should be
forthcoming in one of this week's newspapers on the Bozeman Solvent Site; and that article will
indicate that Mr. O'Connell will be making a presentation to the Commission on Monday, April 5.
(16) Clerk of the Commission Sullivan stated that during this past week, she spent
time preparing the proposed budget for Commission consideration and preparing the summaries of
(17) Mayor Swanson submitted the following. (1) Stated that he has received
information regarding the Bozeman Can-B campaign, under which several groups work together to
employ those who are hard to employ. He stated that representatives from the campaign have
asked for an opportunity to address the Commission to explain the program and make their first
business award, at next week's meeting. (2) Stated that representatives from Belgium, including
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descendants of Father DeSmet, will be in Bozeman to participate in a "Sacred Encounters", set to
begin at 9:00 a.m. on Saturday.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Acknowledge receipt of application for annexation from Thompson„Properties -
Lot 1 West Unit Gordon Mandeville State School Section Subdivision
Section_36, T1S, R5E, M.P.M. (4.078 acres at„NW corner of 7th and
Mandeville Lane); refer to staff
Claims It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner
Frost and Mayor Swanson; those voting No, none.
Ad
journment - 5:38 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned: The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
(MOTH SW SON, Mayor
ATTEST:
R IN L. SULLIVAN
Clerk of the Commission
03-29-93
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 5, 1993
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, April 5, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki,
City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Swanson asked if any of the Commissioners wished any of the Consent Items be
removed for discussion. City Manager Wysocki requested that the deviations for Kwik Way be
removed from the Consent Items for discussion.
Minutes - March 22 and March 29, 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes
of the regular meetings of March 22 and March 29, 1993, be approved as amended. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
Introduction of Personnel Director Pattie Berg
City Manager Wysocki introduced Personnel Director Pattie Berg to the Commission,
noting she is the City's first full-time personnel director. He stated that she is from Helena, where
she served as Personnel Director for Rural Employment Opportunities, a non-profit organization.
He stated that she began her employment with the City on March 1, and has been involved in a
couple recruitment processes since then.
The Commission welcomed Personnel Director Berg to her City employment.
Presentation re Community Agency Network - Bozeman CAN-B program - Larry Clonin er
Bozeman Job Service
Mr. Larry Cloninger, Employment Counselor for the Bozeman Job Service, gave a
presentation on the Community Agency Network of Bozeman (CAN-B) program. He stated that he
04-05-93
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is the spokesman for the group, which includes several active members from the public sector,
community agencies, and private rehabilitation services. He noted that their purpose is to address
the issues surrounding the employment of clients who may have a more difficult time finding and
keeping jobs in the Bozeman area; and they meet monthly to discuss those issues. He stated that
an adjunct training division has been created, with courses being offered through Adult Education
and the alternative school at the present time, and consideration being given to a job shadowing
program as well.
Mr. Cloninger stated that he moved to Bozeman from Billings four years ago; and it soon
became obvious to him that everybody wants to move to this area, but there are no training
programs here. He stated that under this program, he hopes to help address that area, through
cooperation from many of the area employers. He noted that in this manner, steps can be taken
to ensure that those involved in the program receive the type of training which the employers desire
and feel is important.
Mr. Cloninger stated that the Bozeman job market is a tough one, which makes it more
difficult for young people, displaced homemakers, those who have been unemployed for a long
.period of time, and those with mental or physical barriers to find work. He noted that some of
those individuals are competing with individuals who have relocated to this area with a high degree
of training and executive experience.
Mr. Larry Cloninger stated that, as a part of the CAN-B program, employers who have
gone the extra mile for the less employable will be eligible for an award. He stated that anyone in
the community can nominate an employer for the award; and those nominations will then be
screened by the CAN-B, serving as the screening committee. He stated that the person who
recommends the award will be a co-signer on the award, along with the Mayor.
Mr. Cloninger stated that the committee will be meeting monthly, so the turn-around time
for the award should not be more than one and one-half months. He stated that the award will be
given to the one who nominated the employer; and that individual will then make the presentation
.o the employer. He suggested that the Mayor and Commission become involved in the process,
possibly assisting in that presentation.
Responding to Mayor Swanson, Mr. Cloninger stated that in a "job shadowing" program,
an individual in training follows a person in a particular position for a period of time, in a no pay
04-05-93
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status. He stated that in this manner, an individual can see first hand what is involved in the day-
to-day operations of a specific position and gain valuable insight.
Mayor Swanson stated this sounds like a great program and stated that, as Mayor, he
would be glad to become involved. He then thanked Mr. Cloninger for his presentation.
Proclamation - "Alcohol Awareness Month" -April 1993; presentation of plaque - Claudia Venditti
Gallatin County Prevention Coalition
Ms. Claudia Venditti, Project Coordinator for the Gallatin County Prevention Coalition,
stated that April 1993 has been designated as "Alcohol Awareness Month", and that the Coalition
is interested in increasing public awareness of alcohol--related issues. She briefly highlighted some
of the activities which have been scheduled for the month, including: public service
announcements on five local radio stations and KCTZ television, a poster contest, and the "zero
hero" program. She stated that the STEPS organization at MSU is becoming actively involved in
the month's activities, and will be sponsoring a mock DUI trial on April 28 to further enhance
awareness of the problem with youth drinking.
Ms. Venditti read a proclamation for Alcohol Awareness Month, asking that the
Commission endorse the proclamation.
Ms. Venditti stated that she is here not only to request the proclamation, but to publicly
recognize the Bozeman City Commission for its leadership in the areas of law enforcement,
prevention and education. She presented to the Bozeman City Commission a plaque for the Red
Ribbon City/County Government of the Year Award, for its participation in the 1992 Red Ribbon
Campaign, thanking the City for its outstanding contributions to the cause.
Mayor Swanson thanked Ms. Venditti and received the plaque.
Commissioner Vincent stated that, as a school teacher in the Bozeman school system for
the past 22 years, he has seen the results of efforts made by the Gallatin Valley Prevention
Coalition. He suggested that the Commission may wish to support future legislation which would
have some impact on advertising for alcoholic beverages, to support those efforts being taken by
agencies such as the Coalition.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission concur in the Mayor's proclamation of April as "Alcohol Awareness Month". The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
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Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
Presentation re Bozeman Solvent Site - Barry O'Connell
Attorney Barry O'Connell, representing the City, gave a presentation and update on the
3ozeman Solvent Site, located at the Buttrey's Shopping Center. He noted that the article in
Monday's edition of the Bozeman Daily Chronicle provided a comprehensive report of the Solvent
Site.
Mr. O'Connell stated that a final work plan should be submitted to the State within the
next 30 to 45 days. He stated that Canonie Environmental Engineers, the environmental
engineering firm which the City has retained, and PRC Engineering, the engineering firm which
Jewel Food Corporation has retained, are working together to develop a work plan they feel will
adequately mitigate the problem.
Mr. O'Connell stated that last week, he attended a seminar at which approximately twenty
attorneys were present, one of whom is involved in a solvent site at Sacramento. He noted that
there are more than 20,000 PCE sites in the United States; and many of them have a much bleaker
outlook than this local one. He noted that in Sacramento, the aquifer located 265 feet below the
surface has been contaminated; and it is the only source from which the City of Sacramento
receives its water.
Mr. O'Connel[ informed the Commission that at the present time in Bozeman, there are
three homes in the affected area which need to be hooked onto the City's water and sewer
services; however, that will not occur until the State issues an order. He stated that it is essential
to wait for the order because if the City voluntarily completes those hook-ups, it will incur all of
the costs involved. He noted that if the City waits until the order is issued, there is a potential for
recovering the costs from insurance carriers; and it will not assume unnecessary liability risks.
Mr. Barry O'Connell stated that as of last Friday, Jewel Food Corporation was furnished
``117,105.18 by the City. He stated that amount was broken down as follows: $5,116.18 to cover
one-half of the approximately $10,200 in costs incurred for transporting and disposing of the eight
barrels of sludge from the septic tank out of state, and $6,325.45 and $5,663.55 as
reimbursements for payments made to cover the State's costs over the past two years. He stated
that the City had determined that since the barrels of sludge were heavily contaminated with PCE,
04-05-93
it did not feel that landfarming or disposing of the product within the city or the state was
acceptable or appropriate, and had agreed to participate in the costs of disposal. He noted that
Jewel Food Corporation has been identified as a PRP (potentially responsible party); and, as such,
the State has billed them for approximately $50,000 in reimbursable costs over the past two years.
He stated that Jewel has been cooperative and paid those bills, even though documentation for
those bills was, at best, very poor. He noted that these bills have been paid in an effort to show
Jewel's and the City's willingness to cooperate with the State to resolve the problem in as timely
a manner as possible.
Attorney O'Connell turned his attention to the next step in the process. He stated that,
hopefully, the City will soon receive an order from the State to require that the three remaining
houses be hooked to the City's water and sewer systems. He noted that statistics reveal that if
a site is designated as a Super Fund site, it takes an average of 8.9 years to clean up the site; and
neither the City nor Jewel wish to wait ten years to resolve the problem. He stated that the State
has agreed, through negotiations, to forego requirement of an RI/FS (Remediation Investigation/
Feasibility Study), or "what do we do and can we do it?" which typically costs $3 million and takes
three years to complete. He stated that counsel has effectively argued that those issues have
already been addressed and answered, and that there are adequate case histories to provide
background information that can be utilized in this instance.
Mr. O'Connell stated that the City and Jewel have known about the problem since 1990.
He stated that, while much of the PCE contamination remains on site, some of it has dissipated off-
site. He estimated that through remediation, the soil could be made 99 percent pure, indicating
that at the present time there are no studies which indicate that the remaining 1 percent would
pose a danger. He further noted that at the present time, the subject area is covered by concrete
and asphalt, and will continue to be, thus reducing any potential problem even further.
Attorney O'Connell stated that the biggest question evolves around the aquifer and any
potential damage to it. He indicated that PCE is heavier than water, and tends to drift downward
,until it hits a point where it can go no further. He stated that in this instance, the PCE has gone
down into the ground and is forming what is known as a "plume"; however, at this time, no one
knows how far out or down it may have gone. He noted that there have been elevated levels of
PCE toward the interstate. The City plans to extend its water mains out toward the new interstate
interchange within the next two years, so the businesses out there can be tied to the City's utility
04-05-93
- 6 -
services. He stated that the levels of PCE that have been recorded in that area can be mitigated
through the use of activated charcoal filters, which remove the PCE from the water for drinking
water uses.
Mr. O'Connell stated that the federal government has determined that residents in an
affected area may utilize underground water or surface water for purposes of irrigation at a
contamination level of up to 800 parts per billion without health hazard; however, the State has
indicated that it will not allow irrigation with water containing a contamination level of greater than
5 parts per billion, which is the safe drinking water standard. He noted the inconsistency of the
State's position, particularly in light of the fact that the PCE dissipates when it is exposed to the
air and sunlight.
Mr. O'Connell stated that the County has closed some of the wells in the affected area,
declaring them as contaminated. He also indicated that Jewel Food Corporation is providing, at
its own expense, bottled water to those three residences within the affected area who are not tied
to City services; and they will continue to do so until they are hooked to the City services.
Attorney O'Connell stated that, while there is a lawsuit filed between the City and Jewel
Food Corporation, they are attempting to work together to remediate the contamination. He
recognized the differences in opinion between the Canonie and PRC engineering firms and him and
legal counsel for Jewel Food Corporation; however, he noted that they have been able to work
together on this problem to date. He stated that they are working toward common goals, which
include (1) safeguarding the health and welfare of the people in the affected area, (2) resolving the
problem as quickly as possible, and (3) completing the work in a cost effective manner.
Attorney O'Connell recognized that, once PCE is in the water, it takes a couple of
generations to get it out. He noted that steps which are cost effective should be taken in
remediating the problem, keeping in mind that the site cannot be 100 percent remediated through
today's technology. He stated that the process reaches a point where it is no longer cost effective
to try to lower the contamination level; rather, let time take its course.
Attorney O'Connell stated his desire to have the State approve the plans which Canonie
and PRC submit for remediation as quickly as possible, so that work can be started. He noted that
behind the Buttrey's Shopping Center, one pool of nearly pure product has been identified nine feet
below the surface.
04-05-93
- 7 -
Attorney O'Connell explained that there are three readily identified sources from which
the PCE contamination may have occurred, since the product is used for cleaning car parts and in
the dry cleaning process; and those sources are presently being investigated. He stated that those
entities are being considered as "potentially responsible parties"; and if they are identified as being
a source of contamination, they could also be required to financially participate in the clean-up
process.
Mr. O'Connell stated that the City has been testing effluent in the sewer lines in this area
once every three months; and that level has consistently remained at 20 to 40 parts per billion,
which is not a significant level, He noted, however, that on February 8, the test results showed
170 parts per billion. He characterized this as a significant increase in the level, that has caused
considerable concern. He stated that, while it is possible that some of the solvent had pooled in
the line and has just broken loose, it is more likely that it means the product is still being entered
into the system.
Attorney O'Connell addressed the construction of sewer lines, like that constructed under
SID No. 432, which was funded in part by the EPA, and who carefully reviewed the specifications
" to ensure that it met standards. He stated that sewer lines have always been expected to leak; and
at that time, the standard was 50 gallons per diameter inch of pipe per day for every 1,000 feet
of pipe. He stated that under today's standards, the acceptable amount of leakage has been
reduced to 50 gallons per diameter inch per day for every 4,000 feet of pipe.
Responding to questions from Commissioner Frost, Attorney O'Connell reviewed the
history of the federal legislation which identifies "potentially responsible parties", and stated that
the law requires their participation in the costs of remediation. He stated that these legislative
changes were made in the late 1970's and the 1980's, in recognition of the fact that the country's
underground water and air were becoming horribly polluted. He noted that under CERCLA, the
property owner and the lessee are held liable for the clean-up costs of any pollution which has
occurred as a result of activities on the site.
Mr. O'Connell emphasized the fact that, even though there is an existing lawsuit between
the City and Jewel Food Corporation, both entities recognize that it is much better to spend monies
rectifying the problem than on paying lawyers to resolve the lawsuit.
04-05-93
- 8 -
Commissioner Stiff noted that the City is beginning its budgeting process and asked Mr.
O'Connell if he could provide an estimate to be included in the budget to cover the costs of this
issue for the upcoming fiscal year; the attorney responded that he could.
Responding to Commissioner Knapp, Attorney O'Connell indicated that to this point,there
have been no significant studies of the sewer line south of the site; however, in light of the test
results from February, he anticipates that more study will be given to that line.
Further responding to Commissioner Knapp, Attorney O'Connell stated that as long as the
level of PCE in the water used for irrigation purposes does not exceed 800 parts of PCE per billion
parts of water, studies seem to suggest there is no health risk. He stated that studies seem to
suggest that if levels of 5 ppb are ingested, at the rate of two liters of water per day for a period
of 70 years, there is an increased 1 in 1 million chance of incurring cancer of the kidneys. He
cautioned that PCE is a manmade substance; and studies have only been conducted since the
1980's.
Responding to questions from Commissioner Vincent, Attorney Barry O'Connell stated it
is apparent from the recent test results that someone is probably still dumping some PCE into the
City's sewer system; and this is illegal under City ordinances. He stated that it must be determined
who or what is dumping the product into the sewer system before any charges can be filed. He
suggested that this issue could be appropriately addressed as a part of the removal plan, since it
will do no good to remediate the existing contamination if it is still continuing.
Commissioner Vincent noted the importance of resolving the issue of whether
contamination is still being introduced into the system or whether the spikes in the test results
were the result of a natural phenomenon within the pipes. He stated that if the clean-up is
undertaken, only to find that contamination is still being introduced into the system, it will not be
cost effective and the City will lose its credibility.
Attorney O'Connell concurred with that assessment, stating it is one of his major
concerns.
Responding to Mayor Swanson, Mr. O'Connell stated that he is in the process of obtaining
Records Of Decisions that have been signed by the EPA dealing with similar sites, similar types of
aquifers and similar types of solvents. He stated that, after reviewing the contents of those
decisions, it should be possible to develop a work plan that will be acceptable to the EPA, and the
State Department of Health and Environmental Sciences.
04-05-93
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Further responding to Mayor Swanson, Attorney O'Connell stated that there may be other
sites within Bozeman where contamination exists to some degree. He noted that, to date, all
efforts have been concentrated on this identified site and its remediation.
In response to comments from the Mayor, Attorney O'Connell stated he feels the citizenry
.,in many communities in the United States is keenly aware of the costs of remediating
contamination of the ground and groundwater. He stated that he cannot identify any City that has
been a leader in helping its people understand the problems resulting from the contamination. He
then stated that it would not be possible to provide an incentive program under which a citizen or
employee of a business could be rewarded for notifying someone about the illegal dumping of
contaminants into the system because under CERCLA, criminal charges before the United States
District Court could be filed against that individual.
Responding to questions from Commissioner Vincent, Attorney O'Connell stated that
Jewel Food Corporation is currently involved in the discovery request process, asking for copies
of any bills of lading for these products showing up as contaminants. He stated that this is in an
effort to determine the source of the pollution; however, he noted that business records from
twenty years ago are often sketchy.
Responding to City Manager Wysocki, City Engineer Brawner stated that PCE can still be
found in many of the spot removers one might use at home; however, he noted that those levels
are not high enough to create the problems which are presently reflected in the City's sewer
system, although they will show as a low level of contamination.
Responding to questions from the Mayor, City Attorney Luwe stated there is an industrial
pretreatment program in place which helps to address the amount of contamination in the City's
sewer lines. He also explained that underthat program, the various chemicals used in the business
and those that could be dumped into the sewer system must be identified in an inventory submitted
to the City.
Responding to comments and questions from the Mayor, Attorney O'Connell stated that,
while he has not lost confidence in the State of Montana Department of Health and Environmental
Sciences, he is frustrated because there seem to have been no results in the one year that he has
been involved in the matter. He noted that both the City and Jewel Food Corporation wish to
proceed with remediation of the site as quickly as possible; however, they do not have any
04-05-93
- 10 -
authority under which to proceed. He then stated concern that the longer it takes to'begin the
clean-up process, the greater the potential for an increase in the size of the affected area.
Responding to one final question from Mayor Swanson, Attorney O'Connell stated that,
as legal counsel for the City, he is gravely concerned about the possibility that the Montana
Department of Health and Environmental Sciences will require the City and Jewel Food Corporation
to spend millions and millions of dollars to resolve a problem that cannot be fully resolved. He
stated that such a clean-up action could represent a contradiction to the demands involved in other
activities that are under the Department's purview, i.e., the possibility of hazardous wastes
burning, which is currently being considered by the Legislature.
The Commission thanked Attorney O'Connell for his presentation.
Deviations - Kwik Way, 401 East Peach Street - to allow structure to encroach into required front
and arterial corner side yard, and watercourse setbacks; and si na a in excess of maximum
allowable square footage Z-9332
City Manager Wysocki reminded the Commission that he had requested this item be
removed from the Consent Items. He noted that there are five deviations involved in this request;
and he feels those should be carefully reviewed. He then distributed to the Commission a map of
the site, as prepared by staff today, noting that some of the dimensions listed on the original map
submitted by the applicant are inaccurate. He reminded the Commission that deviation requests
are to involve trade-offs, suggesting that this application may not provide those trade-offs.
The City Manager stated that since this item was not removed from the Consent Items
until today, the applicant was unable to attend the meeting. He then requested that discussion and
action be delayed until next week's meeting, when the applicant can be present. He also
encouraged the Commission to carefully review the staff report in preparation for that discussion.
Mayor Swanson noted the questions posed by Assistant Planner Grigsby in the staff
report, and asked the Commissioners to be prepared to answer those questions at next week's
meeting.
Commissioner Frost asked that staff provide the size of the lighted sign for Stageline Pizza,
at the corner of Kagy Boulevard and South Willson Avenue, prior to next week's meeting.
The Commission requested that this item be placed on next week's agenda for discussion.
Acknowledge receipt of three-year budget projection
City Manager Wysocki distributed to the Commission copies of the Three Year Budget
04-05-93
- 11 -
Projection for Fiscal Years 1994-1996, as prepared by Administrative Services Director Gamradt.
He encouraged the Commissioners to review the document, paying particular attention to the
information contained on Page Nos. 4, 11, 15 through 17, and 23, in preparation for discussing
its contents at next week's meeting.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission acknowledge receipt of the three-year budget projection for Fiscal Years 1994-1996.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1 ) Memo from City Engineer Brawner, dated March 15, regarding the 1992 and
1993 sidewalk program schedule.
City Engineer Brawner reviewed the map for the sidewalk repair program. He noted that
the colored map depicts the area in which sidewalk repairs occurred in 1991 and 1992, and five
potential areas for inclusion in the 1993 sidewalk repair program. He stated that three of those five
areas were inventoried in 1991, and would probably have to be re-inventoried prior to ordering
sidewalk repairs, while the other two areas were inventoried in 1992, and should be ready for
ordering of repairs. He then forwarded staff's recommendation that sidewalk repairs be ordered
in for Area 2, which includes an estimated 84 repairs, since it has the greatest amount of
pedestrian traffic of the five inventoried areas.
Mayor Swanson suggested that this topic is interesting enough to the community that it
should be covered either through a news story or a press release.
The Commission requested that this item be placed on next week's agenda for discussion.
(2) Letter from Carol Weisert, Director of Sales for the Holiday Inn, dated March 22,
encouraging the Commission to allow the carriage ride business that is being proposed.
Responding to Commissioner Frost, the City Manager indicated this letter has also been
forwarded to the Parking Commission, with this copy being an informational copy to the City.
04-05-93
- 12 -
(3) Copy of an article from the Billings Gazette, regarding the goals which the
Yellowstone County Commission set for the upcoming fiscal year.
(4) Notice of the Cemetery Board meeting scheduled for 2:00 p.m. on Thursday,
April 8, in the Conference Room at City Hall.
Commissioner Knapp indicated that she can attend the meeting.
(5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, April 6, in the Commission Room.
(6) Agenda for the Highway Commission meeting to be held on Friday, April 16, in
Helena.
(7) Notice of the Chamber of Commerce Governmental Affairs Committee meeting
to be held at 7:00 a.m. on Thursday, April 8, at the Chamber office.
Commissioner Knapp stated a willingness to attend the meeting if Mayor Swanson is
unable to do so, since one of the agenda items pertains to the transportation plan.
(8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
April 6, in the Community Room of the Courthouse.
(9) Agenda for the Development Review Committee meeting, to be held at 9:30 a.m.
on Tuesday, April 6, at the Carnegie Building.
(10) Agenda for the Design Review Board meeting, to be held at 4:00 p.m. on
Tuesday, April 6, at the Carnegie Building.
0 1) The City Manager submitted his weekly report, as follows. (1) Indicated that he
and Assistant City Manager Brey attended the City Managers' regional conference in Powell,
Wyoming, last week. (2) Stated that Administrative Services Director Gamradt was in Helena
today to testify on behalf of the City for the accommodations tax bill. (3) Noted the large chunks
in the streets which are dropping with the spring weather, indicating that most of those places are
where the contractors did work on water lines this winter. He stated that those areas will be
patched as soon as possible, with warmer weather and opening of the hot mix plant.
(12) Commissioner Stiff submitted the following. (1) Attended the ad hoc sign
committee meeting last week. (2) Attended the enhancement steering committee meeting last
week. (3) Spent a considerable amount of time reviewing transportation concerns and observing
traffic patterns in certain areas of the community. (4) Noted his pleasure at being able to introduce
Associate Planner Arkell at a Senior Corps of Retired Executives (SCORE) meeting last week,
04-05-93
- 13 -
stating that she made an excellent presentation on the City's Economic Development Revolving
Loan Fund program.
(13) Commissioner Frost stated that he also attended the ad hoc sign committee
meeting last week, noting that much was accomplished. He noted that as one problem is resolved,
new ones surface. He stated that the committee's intent is to develop a code that is fair and
equitable, yet workable.
(14) Commissioner Knapp submitted the following. (1) Attended the Library Services
Advisory Council meeting in Helena on Friday. (2) Attended the luncheon meeting of the
Beautification Advisory Board today. She noted that with its new status and membership, the
board is revitalized and energetic.
(15) Commissioner Vincent submitted the following. (1) Represented the Commission
at the dedication ceremonies for the Habitat for Humanity house at the corner of West Peach Street
and North Grand Avenue. (2) Spent a considerable amount of time this past week reviewing the
transportation plan. (3) Stated that he viewed a tape which shows a new concept for public
restrooms in the downtown area. He stated that, with federal programs available, it may be
"u. possible to acquire such restrooms at no cost, for the downtown area. He stated that he has
forwarded this information to Commissioner Frost, for possible consideration by the Downtown
Bozeman Association.
(16) City Attorney Luwe stated that Prosecutor Wordal will be involved in the mock
trial at the University on the evening of April 28.
(17) Clerk of the Commission Sullivan submitted the following. (1) Distributed copies
of a memo outlining the qualifications for members of the Board of Appeals, as requested by Mayor
Swanson. (2) Briefly reviewed the agenda for next week's meeting, noting that it includes items
carried over from this meeting, as well as staff presentations on goals in the evening session.
(18) Mayor Swanson submitted the following. (1) Stated that descendants of Father
DeSmet, including two great-grandnephews, attended the opening of the "Sacred Encounters"
display at the Museum of the Rockies this weekend. He noted that the Ambassador of Belgium,
who is introduced as "His Excellency, the Amabassador of Belgium", bestowed the' honor of
Knighthood upon the curator of the collection. (2) Stated that a study was conducted at MSU, in
which 500 business owners in Madison, Gallatin and Park Counties were asked why they brought
04-05-93
- 14 -
their businesses to the area. He indicated that he has a synopsis of that study; and he will have
copies made for each of the Commissioners.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Authorize Mayor to sign Findings of Fact and Order for Westgate Subdivision
Acknowledge receipt of application for annexation, submitted by First Security
Bank for a 1.9-acre tract of land located at 705 Bridger Drive, refer to
staff
Application for Kennel License - Anne Foster, 420 South Willson Avenue -
Calendar Year 1993
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp, Commissioner Frost, Commissioner
Stiff and Mayor Swanson; those voting No, none.
Recess - 5:13 p.m.
Mayor Swanson declared a recess at 5:13 p.m., to reconvene at 7:00 p.m. for the
purpose of conducting the scheduled public hearing and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Swanson reconvened the Commission at 7:00 p.m. for the purpose of conducting
the scheduled public hearing and completing the routine business items.
Public hearing -_Commission Resolution No. 2908 - intent to vacate the north/south alley in Block
One, Springbrook Addition (parallel to North 7th and North 8th, running between the east/west
alley and West Mendenhall Street)
This was the time and place set for the public hearing on Commission Resolution No.
2908, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2908
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 NORTH/SOUTH ALLEY IN BLOCK ONE OF THE
SPRINGBROOK ADDITION TO THE CITY OF BOZEMAN, MONTANA.
Mayor Swanson opened the public hearing.
City Manager Wysocki presented the staff report. He reviewed the existing ownerships
and development in the subject block, which is surrounded by North 7th Avenue on the east, West
04-05-93
- 15 -
Main Street on the south, North Sth Avenue on the west, and West Mendenhall Street on the
north. He stated that the subject alley extends from the existing east/west alley north to West
Mendenhall Street. He noted that since the structure which currently houses Blockbuster Video
is located in what would be an extension of that alley; and since such an extension could create
traffic problems, staff would support the requested alley vacation. He cautioned that there are
public utilities within the alley right-of-way; and any vacation should include the stipulation that any
easement for public utilities is maintained.
The City Manager stated that City Engineer Craig Brawner has reviewed this request and
forwarded his recommendation that if the north/south alley is vacated, a condition should be
attached which requires that the property owners involved in the requested alley vacation
participate in future alley improvements to the east/west alley which exists in this block because
that alley is currently in very poor condition.
The City Manager stated that if the north/south alley is vacated, one-half of the right-of-
way will revert to Bozeman F & G Limited Partnership, applicant and owner of the property along
the west side of the subject alley; and one-half will revert to Cenex Petroleum, Inc., owner of the
" property along the east side of the subject alley. He noted that Cenex has submitted a letter of
support for the requested alley vacation.
Mr. Don Minnis, Vice President of Store Operations for Blockbuster Video, indicated that
he lives in Helena and works for the firm which owns seven franchise stores in Montana and Idaho.
He indicated that he is representing the property owner. He stated that the west end of the
east/west alley is currently paved; and they intend to keep that portion of the alley well maintained,
since it will be utilized by their customers.
Responding to Commissioner Frost, Mr. Minnis stated that they do not currently plan to
use the vacated alley right-of-way. He noted that at some time in the future, a second structure
may be constructed on the north one-half of the lot; and it would probably be set back as far as
possible on the lot to provide a larger area for parking and landscaping.
Commissioner Vincent stated that the vacant lots at the corner of North 7th Avenue and
West Main Street, which are currently in the ownership of Michael Delaney, would make a nice
open green space. He noted, however, that since the land is zoned for commercial development,
it would probably be much to expensive to retain in that manner. He further noted that issue is not
related in any way to the subject before the Commission at this time.
04-05-93
- 16 -
In response to Mayor Swanson, the City Manager reviewed the proposed condition for
approval of this requested vacation, noting that it would involve a waiver of right to protest the
installation of future improvements to the east/west alley. He stated that such participation must
be proportionately fair; and should take into consideration the improvements which have already
been made to the west end of the alley.
No one was present to speak in opposition to the requested vacation of the north/south
alley.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission authorize and direct staff to prepare an ordinance vacating the north/south alley in
Block One, Springbrook Addition, subject to the applicant's signing of a waiver of right to protest
participation in future improvements to the east/west alley in said block, in a proportionate share
of ownership, with consideration being given for the improvements that have already been installed
on the west end of the alley. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp
and Mayor Swanson; those voting No, none.
Staff presentations re goals for Fiscal Year 1993-1994
A. Chief of Police Boyer
B. Administrative Services Director Gamradt
City Manager Wysocki requested that these presentations be deferred to a future meeting.
Adjournment - 7:16 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
04-05-93
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v
IMOTHV SWA r11111
Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission--=
04-05-93
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 12, 1993
.,,:. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, April 12, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki,
City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - April 5, 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes
of the regular meeting of April 5, 1993, be approved as amended. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Discussion - Deviations requested for Kwik Way. 401 East Peach Street - to allow structure to
encroach into required front yard. arterial corner side yard,and watercourse setbacks; and signage
in excess of maximum allowable square footage (Z-9332)
City Manager Wysocki reminded the Commission that they had removed this item from
the Consent agenda last week to be discussed at this week's meeting.
Assistant Planner Dave Grigsby presented the staff report. He stated that the applicant
proposes to construct a 35-foot by 48-foot canopy over the existing gas pumps; and, in
conjunction with that proposal, he initially requested five deviations, upon which the staff report
was based, as follows:
1 . From Section 18.50.060.A., to allow the proposed canopy to encroach
7 feet into the required 25-foot front yard setback from North Rouse
Avenue in lieu of the 5-foot encroachment allowed;
2. From Section 18.50.060.A., to allow the proposed canopy to encroach
18 feet into the required 20-foot front yard setback from East Peach
Street in lieu of the 5-foot encroachment allowed;
04-12-93
2
3. From Section 18.50.060.D., to allow the proposed canopy to encroach
17 feet into the required 35-foot water course setback;
4. From Section 18.65.050.B., to allow a total of 109 square feet of
signage, rather than the allowable 36 square feet; and
5. From Section 18.65.050.D., to allow the proposed canopy to cover 31
percent of the vertical service of the southwest side of the canopy
surface, rather than the allowable 25-percent coverage.
The Assistant Planner stated that, subsequent to preparation of the initial staff report, the
staff conducted a visual inspection of the site and prepared its own site plan, including its
measurements. He stated that those measurements resulted in revising the requested deviations
to include a 10-foot encroachment into the required 25-foot front yard setback from North Rouse
Avenue and a 10-foot encroachment into the required 20-foot front yard setback from East Peach
Street.
The Assistant Planner stated that the existing pumps are located 34 feet from the existing
stream. He also noted that the vast majority of the site is covered by a building and asphalt paving;
and staff has determined that the proposed hard surface canopy, over the hard surface lot, would
not really change conditions on site.
Assistant Planner Grigsby stated that the applicant proposes to provide additional
landscaping on the site, to include fir trees and juniper bushes on the west side of the building.
He noted that the existing wood fence is located in the sight triangle, outside the property line.
The Assistant Planner reviewed the signage which the applicant proposed for the subject
site in conjunction with the installation of the canopy. He stated that the applicant has reduced
the square footage of signage requested from 109 to 93 square feet, which is in excess of the 36
square feet allowed. He noted that the applicant proposes to construct the canopy of green
corrugated steel and replace the existing mansard roof on the building with the same metal. He
stated that the sign on the corner of the building is to be 23 square feet; and the applicant
proposes two 35-square-foot signs on the canopy.
Responding to questions from Mayor Swanson, the Planner stated that with the decrease
.n the square footage of signage the deviation to exceed 25-percent coverage of the vertical surface
is not required, since the coverage would be right at 25 percent. He noted that the decrease is
created by a change in the size of signs on the canopy.
Mr. Dean Andrus, representing Kwik Way and Stockton Oil Company, stated he feels that
the proposal before the Commission will result in a substantial upgrade to the subject site. He
04-12-93
3
noted that there is currently 291 square feet of signage on the site; and under this proposal, that
is to be reduced to 93 square feet. He reviewed how the maximum of 36 square feet of signage
for the site is determined under the City's zoning ordinance, noting that it is based on the square
footage of the building. He stated that, since the structure on the site is rather small, there is an
inherent penalty on the amount of signage allowed on this site, which is rather large.
Mr. Jim Nyman, Billings Neon, graphically demonstrated the size of a 2-foot by 6-foot sign
as well as a 2-foot by 2-foot sign, through the use of poster board. He informed the Commission
that the "Kwik Way" sign on the side of the building is to be done with 1-foot-high letters, totalling
23 square feet; and that leaves only 13 allowable square feet of signage to identify the oil company
and post gas prices on two sides of the canopy, which isn't much.
Mr. Nyman stated that the Sinclair sign which is proposed on the canopy would extend
above the 3-foot-wide canopy. He requested that they be allowed to install a 4-foot-wide vertical
surface on the canopy so that the sign can be fully contained within the boundaries of the canopy.
Responding to Commissioner Frost, Planner Grigsby stated that staff did not address the
issue of landscaping in the sight triangle because the improperly drawn property lines created
confusion when trying to address that issue.
Further responding to questions from Commissioner Frost, Planner Grigsby stated that,
if the applicant so chooses, he can post the gas prices on a 2-foot by 2-foot sign on one of the
pillars under the canopy without that 4 square feet of signage being counted in the overall signage
total.
Responding to Commissioner Stiff, Mr. Andrus stated that he is willing to accept the
property lines and distances which staff has prepared. He noted that he attempted to identify the
property lines and site plan as well as he could, based on input from City staff; however, those
figures appear to be ten feet off.
Responding to Commissioner Vincent, Planner Grigsby stated that the applicant proposes
to remove the sign in the sight triangle, which is essentially illegal. He then indicated that since
the sight triangle is located adjacent to a State highway, vegetation may not exceed the 30-inch
maximum height. He stated that at the present time, aside from grass and one tree, there is no
landscaping in that sight triangle.
Mr. Dean Andrus stated his willingness to plant buffalo junipers along the south edge of
the property as well as along the side of the building.
04-12-93
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Responding to Commissioner Knapp, Mr. Andrus stated that the issue of lighting under
the canopy was addressed through a condition imposed by the Design Review Board; and he has
agreed to that condition.
Responding to Mayor Swanson, Planner Grigsby stated that the issue of storm drainage
was not addressed.
Mr. Andrus indicated that drainage from the site is generally toward North Rouse Avenue,
as opposed to being toward the stream.
City Manager Wysocki suggested that if the Commission is concerned about this issue,
it might be appropriate to add a condition to require that the canopy and the site be graded toward
the landscaped sight triangle, which could also serve as a detention area, subject to review by the
City engineering staff.
Mr. Andrus stated that with a canopy this size, it should be drained toward two corners;
however, he noted that could be accomplished while providing drainage toward the southwest
corner of the property.
Mayor Swanson asked the Commissioners to forward their comments on each of the four
deviations. In response, all of the Commissioners stated support for the deviations to allow
encroachment of the proposed canopy into the west front yard,the south front yard and the stream
setback to the east. The Commissioners recognized that the deviation to allow more than 25-
percent coverage of the vertical face of the canopy is not needed, in light of the new signage
proposed; and then addressed the requested deviation to exceed the total allowable signage on the
site.
Commissioner Frost stated he cannot support 93 square feet of signage on the subject
site, which is surrounded by residential development. He stated support for Planner Grigsby's
suggestion that the gas pricing be reflected on a sign posted on an upright under the canopy. He
noted recognition that the applicant must be able to show that it is a Sinclair station, indicating that
he feels signs on two sides of the canopy would be appropriate. He then suggested that the
applicant be allowed 47 square feet of signage.
Responding to Commissioner Frost's proposal, Mr. Jim Nyman submitted to the
Commission an alternative for signage on the canopy, which includes two 10-foot-square signs.
He stated that, while the applicant prefers the originally signage submitted, he is willing to install
the signage reflected in these revised plans. He stated that these plans include the Sinclair logo
04-12-93
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plus a reader board for the gas prices. He stated that if this proposal is accepted, it will result in
a total of 43 square feet of signage on the property, when these signs are coupled with the 23-
square-foot sign on the building.
Responding to questions from Mayor Swanson, Commissioner Frost stated he was willing
to allow the applicant 10 to 12 square feet of signage for the Sinclair logo on each side of the
canopy; however, he is also willing to accept the revised signage proposal just submitted by the
applicant's representative.
Commissioner Stiff stated his support for allowing the requested 93 square feet of signage
on the site. He stated that he does not feel that would result in excessive signage on the parcel.
Commissioner Vincent stated support for the alternative presented by Commissioner Frost.
Commissioner Knapp stated that she, too, supports Commissioner Frost's suggestions,
as brought forward by the applicant. She stated that, while it is in excess of the 36 square feet
allowed, is does represent a 20-percent deviation; and she finds that reasonable. She then stated
that she would be more comfortable with additional vegetation in the sight triangle, particularly
since it will have a tendency to trap some of the dust that is prevalent in that area.
Mayor Swanson stated support for the revised plan which provides for a total of 43 square
feet of signage on the site. He stated that with the surrounding residential development, he feels
that the proposed 93 square feet of signage would be excessive and create unnecessary glare and
light in the area. He suggested that the Commission consider the possibility of adding these two
conditions for approval of the requested deviations:
1 . That the applicant be required to enhance the landscaping in the sight
triangle with vegetation to a 30-inch maximum height, subject to
approval by the Planning staff; and
2. That drainage of storm water be away from the stream and into the
sight triangle, subject to approval by the City Engineer.
Mr. Dean Andrus stated that, in view of the fact that the 48-inch deep canopy is no longer
needed to back the signage proposed, and in sensitivity to residents in the area and to consumers,
��e would like to reduce the canopy depth back to the original 36 inches; the Commissioners
concurred that would be reasonable.
Commissioner Frost stated that, while junipers are hardy and require little care, he feels
there are other shrubs which are equally hardy and require low maintenance that could be used to
provide some color to the site. He noted that, since the site is nearly 100-percent hard surfaced,
04-12-93
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the additional color, either through leaves or flowers, would help to enhance its appearance. He
suggested the possibility of some berming in the sight triangle.
Mayor Swanson suggested that the addition of color be considered in the landscaping
along the west end of the building as well.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission approve the following deviations:
1 . From Section 18.50.060.A., to allow the proposed canopy to encroach
10 feet into the required 25-foot front yard setback from North Rouse
Avenue in lieu of the 5-foot encroachment allowed;
2. From Section 18.50.060.A., to allow the proposed canopy to encroach
10 feet into the required 20-foot front yard setback from East Peach
Street in lieu of the 5-foot encroachment allowed;
3. From Section 18.50.060.D., to allow the proposed canopy to encroach
17 feet into the required 35-foot water course setback; and
4. From Section 18.65.050.B., to allow a total of 43 square feet of
signage, rather than the allowable 36 square feet.
to allow the proposed canopy to encroach into required front yard, arterial corner side yard, and
watercourse setbacks and allow signage in excess of maximum allowable square footage, in
response to the deviations requested for Kwik Way, 401 East Peach Street under Application No.
Z-9332, subject to the conditions approved by the Design Review Board in its approval of the
application, plus the following conditions:
1 . That the applicant be required to enhance the landscaping in the sight
triangle with vegetation to a 30-inch maximum height, and the
proposed landscaping along the west end of the building, subject to
approval of the landscape plan by the Planning staff; and
2. That drainage of the storm water on the site be away from the stream
and into the sight triangle, subject to approval of the plans by the City
Engineer.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson;those
voting No, none.
Request for reserving one on-street parking space on Main Street for horse-drawn carriage - Steve
Erickson, Gallatin Carriage Company
City Manager Wysocki noted that, included in the Commissioners' packets, was a memo
he had prepared, dated April 9, along with a copy of the request forwarded by Mr. Steve Erickson,
dated March 29; a map showing the four requested parking spaces as identified by Mr. Erickson;
04-12-93
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and letters of support from the Downtown Bozeman Association, dated March 30, and the Holiday
Inn, dated March 22, 1993.
The City Manager stated that at its meeting last week, the Parking Commission considered
this request. He stated that the Parking Commission forwarded its recommendation that the
applicant be allowed to purchase parking spaces in accordance with the provisions of Commission
Resolution No. 2906, and that the appropriate unique signage be posted for that parking space.
City Manager Wysocki stated that Mr. Erickson has indicated his desire to stay away from
the downtown area during lunch hour and at 5:00 p.m. He then stated that in considering this
request, it is important to remember that this is a very unique kind of business, resulting in a unique
circumstance. He stated that approval of this request will result in the designation of a parking
space for a special use, which is different from the typical cash-in-lieu payment process. He
suggested that if the Commission approves this request, it should be with the stipulation that the
applicant receive permission from the business owner adjacent to the subject parking space.
Responding to Mayor Swanson, the City Manager stated that the parking space in front
of the Baxter is the applicant's first choice, with a parking space in front of the Soroptimist Park
.being his second choice. He noted that the applicant had wanted four parking spaces, but when
he found that the cash-in-lieu payment was $2,000 per space, he opted for just one parking space.
Commissioner Frost stated his concern about the space in front of the Baxter. He noted
that at the present time, there are three parking spaces, one of which is a loading zone and one of
which is a handicapped parking space.
Responding to questions from Commissioner Vincent, the City Manager stated that City
staff will probably design, construct and erect the sign designating the subject parking space to
ensure that it meets all code requirements. He then stated that the applicant has indicated his
intent to operate the business on a year round basis.
Commissioner Vincent explained that the intersection of Willson Avenue and West Main
Street is an extremely busy one, with many turning maneuvers occurring. He expressed concern
that to designate a parking space in front of the Baxter Hotel could create an extreme safety
hazard, particularly for backing maneuvers or when the horse-drawn carriage is pulling away from
the curb.
Responding to Commissioner Vincent's concerns, the City Manager stated that City staff
will make the final decision on the safety issues. He responded to additional questions from the
04-12-93
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Commissioner, noting that it is possible the applicant will ask to purchase additional parking spaces,
or another similar business may make the same request. He noted that to date, he has received
inquiries from two horse-drawn carriage businesses; and this is the first to surface in a formal
manner.
Commissioner Vincent stated his primary concerns revolve around the safety issues.
Commissioner Stiff observed "l can't think of anything more handicapped than a horse
with a diaper on". He suggested that if the location of any existing handicapped parking space is
to be changed for this business, the local chapter of the Handicapped Coalition should have some
input. He noted that Assistant City Manager Brey is actively involved with that group and could
ensure that input is obtained.
Director of Public Service Phill Forbes stated he does not have a lot of experience upon
which to draw when trying to determine the safety of a horse-drawn carriage. He suggested that
staff be given the authority to revoke an approval if it becomes obvious that there are problems.
City Manager Wysocki cautioned that a business may decide not to locate here under that
type of condition.
Responding to Commissioner Knapp, City Attorney Luwe stated that a horse-drawn vehicle
must abide by the rules of the road for motorized vehicles. He noted that this particular horse-
drawn carriage operated in Billings and met all of the standards necessary to operate on a public
roadway.
Commissioner Knapp suggested that any violations to the rules of the road and safety
concerns could be addressed through the Police Department.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission approve the request for reservation of one on-street parking space on Main Street for
a horse-drawn carriage, as requested by Steve Erickson, Gallatin Carriage Company, under the
cash-in-lieu provisions of Commission Resolution No. 2906, with the conditions that all safety
concerns regarding the location of the parking space be reviewed and addressed by staff; that
relocation of any displaced handicapped parking space be reviewed by the local chapter of the
Handicapped Coalition; that City staff construct and install the unique sign for this business; and
that the applicant obtain permission from the business in front of which he is to be parking. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp,
04-12-93
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Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson;those voting
No, none.
Request from Parking Commission for permission to address Commission re City acting as co-
guarantor for purchase of parcel for parking in downtown
City Manager Wysocki submitted to the Commission a copy of the buy/sell agreement for
110 South Bozeman Avenue, which the Parking Commission has negotiated with the seller. He
stated that one of the conditions of this sale is that the City participate as a co-guarantor with the
Parking Commission, since the seller is to carry the financing for a period of seven years. He
further noted that the sale of this property is also contingent upon the purchaser's successful
negotiations to purchase the property at 108 South Bozeman Avenue simultaneously.
The City Manager stated that the Parking Commission proposes to make the annual
payments from revenues generated from the rental of the two houses plus rental of parking spaces
and cash-in-lieu payments. He stated that the Parking Commission recognizes the need to provide
additional off-street parking on the south side of Main Street. He noted that if these parcels are
not used for the development of a parking lot, they could possibly be exchanged for a better
location at some time in the future. He then indicated that these parcels will be deeded in the
name of the Bozeman Parking Commission, which then exempts them from the constraints of the
municipal laws for the City.
Mr. Larry Bowman, member of the Parking Commission, stated that the purchase price
for the subject parcel is $70,000; they plan to make a $10,000 down payment and finance the
remaining $60,000. He noted it is estimated that rental of the two houses on the existing lots will
generate $11,000 annual income; and that should essentially cover the annual payments for the
seven years remaining. He stated that purchase of the property at 108 South Bozeman Avenue
is essentially complete, with closing on both properties to occur by the end of the month. He
indicated that parcel is to be paid for upon closing, with monies currently available in the Parking
Commission's account. He noted that between that outright purchase and the down payment on
110 South Bozeman Avenue, the account will be fully depleted.
Responding to Mayor Swanson, Mr. Bowman stated that the timing of development of the
parking lot will depend on the Parking Commission's ability to generate the needed funding and
04-12-93
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their ability to obtain additional properties in the immediate area. He noted that, while a parking
lot could be constructed on the two parcels, additional space would provide for a better lot.
Responding to Commissioner Frost, the City Manager stated it is not anticipated that the
City would be required to make any payments, at least at the present time. He stated that in the
event the Parking Commission defaults on a payment, the City would then need to decide if it
wishes to make that payment on its behalf.
Commissioner Frost stated that the two houses are very old and of historic value. He
noted his hesitation at seeing those homes, one of them in particular, destroyed for a parking lot.
The City Manager stated that is why an exchange might be contemplated at some time
in the future. He noted that these properties are the ones available at this time; however, purchase
of them does not automatically mean that is where the parking lot will be constructed. He
recommended that the Commission agree to serve as co-guarantor for the purchase of 110 South
Bozeman Avenue and authorize execution of the appropriate documents to do so.
Mayor Swanson stated support for this request, noting it helps to address the need for
additional parking on the south side of Main Street, which has been an identified need for several
"'.years. He also congratulated the Parking Commission for taking the initiative on this item.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission authorize the City to act as co-guarantor for purchase of parcel for parking in
downtown, and authorize the appropriate persons to execute the necessary documents. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson, those
voting No, none.
Break - 4:35 to 4:40 p.m.
Mayor Swanson declared a break from 4:35 p.m. to 4:40 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Discussion - three-year budget projection for Fiscal Years 1994-1996
City Manager Wysocki reminded the Commissioners that copies of the three-year budget
projections for Fiscal Years 1994.1996 were distributed at last week's meeting.
04-12-93
Administrative Services Director Gamradt noted that this document addresses one of the
Commission's goals for this year. He stated that he has been waiting for an Attorney General's
opinion on the request filed by Missoula County; however, that has not yet been finalized. He
staffed, therefore, he has prepared this document based on the status quo; and any adverse action
will result in substantial changes.
The Director stated that the process of preparing this document was very beneficial,
noting that it provides a starting point for budgeting for each fiscal year. He stated that in
subsequent years, this document will be refined and improved. He reviewed the composition of
this document, drawing attention to specific pages. He stated that on Page 9, he has provided a
summary of projected revenues and appropriations for each of the four funds for the three-year
period, along with the excess or deficit anticipated; and Page 10 provides a breakdown by year of
those figures. He stated that this summary reflects any contemplated decreases in fund balance
and the amount for each of the fiscal years.
The Director stated that on Pages 11 through 14, he has listed projections for each of the
four funds by year and by source. He noted that Pages 15 through 20 include the projected
budgets for each of the three fiscal years. He stated that these begin with the actual Fiscal Year
1993 base appropriations, less any bond payments and capital over $25,000, plus inflationary
factors and known bond payments and capital purchases. He noted that Page 23 provides a listing
of the Consumer Price Index for the period 1971 through 1996; and a graph of those figures is
contained on Page 24.
Mayor Swanson stated surprise that inflation results in a $326,000 increase for Fiscal
Year 1994, which means approximately $1 million over the three-year period for these four funds.
He asked if the public is aware of the impact that inflation has on the City's budget.
The Director responded that he does not think so. He noted that, with a few exceptions,
the graph reflects the fact that inflation is on a relatively straight line from year to year.
Responding to Mayor Swanson, Director Gamradt stated that some of the City's revenues
are definitely stagnant. He noted that the vast majority of the increase in property tax revenues
is due to new construction and the appreciation in valuation of residential properties. He noted that
there are other sources that are equally stagnant.
City Manager Wysocki noted the allocation that the City receives from gas tax. He stated
that in 1985, the City received $315,000; and it has increased only $6,000 from then to present.
04-12-93
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The Director stated that this three year budget projection reflects the need for routine
adjustments in user rates, to ensure that source helps to address the inflationary factors.
Commissioner Frost stated that addressing of the federal regulations regarding storm
drainage is missing from these projections, and asked how that might impact the picture.
The City Manager responded that most communities are addressing that issue through the
creation of another enterprise fund, which keeps it from impacting the general fund.
Commissioner Stiff thanked Administrative Services Director Gamradt for the document,
noting that it provides a good overview for upcoming years. He then noted that from 1971 to
1991 , the CPI went up more sharply than City employee wages, suggesting that is something of
which the Commission should be cognizant.
Commissioner Knapp thanked the Director for the document, noting it is easy to read and
understand. She also noted it provides a good long-term projection.
Commissioner Vincent forwarded his appreciation for the three-year budget projection.
He recognized that certain thresholds will be encountered as the City continues to grow; and he
feels that the necessary adjustments must be made to continue serving the public while maintaining
as humane working conditions as possible for the employees. He then asked if the impacts of a
potential sales tax were considered when this document was prepared.
The Director responded it was not.
Commissioner Vincent cautioned that if a sales tax does pass, a portion of it may be used
to reduce property taxes. He stated that if that change does not include a provision to provide a
dollar-for-dollar rebate to cities and counties, the City could be faced with the need to replace those
lost property tax monies with another source of revenue.
Mayor Swanson asked how this document can be utilized during the budgeting process.
He stated that he feels it is a useful tool that could greatly enhance the annual budgeting process.
He then thanked Commissioner Stiff for his interest in pursuing the development of this document,
and thanked Director Gamradt for his response.
Ordinance No. 1_364___adding new Chapter 2.88 to Bozeman Municipal Code, providing for the
creation of and appointment of the Bozeman Tree Advisory Board (BTAB), and establishing the
duties and responsibilities thereof
City Manager Wysocki presented Ordinance No. 1364, as prepared by the City Attorney,
entitled:
44-12-93
_ 13 _
ORDINANCE NO. 1364
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.88; PROVIDING
FOR THE CREATION AND MEMBERSHIP OF THE BOZEMAN TREE ADVISORY
BOARD (BTAB) AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES
THEREOF.
The City Manager suggested that discussion of this ordinance and the subsequent
ordinance could probably be best accommodated jointly.
City Attorney Luwe stated that he has been involved in revision of the ordinances which
were initially developed by a committee. He then indicated a willingness to respond to any
questions. He noted that some new pages for Ordinance No. 1365, with revisions which have
been bolded, were distributed to the Commission just prior to the meeting.
Commissioner Frost noted that these ordinances were initially drafted by an ad hoc
committee, which held its first meeting on February 25, 1992. He stated it has been a long
process that now appears to be near completion. He noted that he has a thick stack of papers on
the subject now, including a copy of the minutes from the May 1, 1917 meeting of the Park
Commission, at which they were developing a tree ordinance which included provisions for permits
and regulating the cutting and pruning of trees. He stated that at that time, the biggest problems
revolved around horses being tied to trees, and horses eating trees and grazing on turf along the
public streets. He thanked the committee and staff for the work they have done to prepare an
ordinance to address the same types of issues that the ordinance in 1917 did.
Park Superintendent John McNeil stated that staff has been requesting this type of
ordinance for the past ten years. He stated that the ordinances before the Commission reflect the
accumulation of many ordinances from other communities as well as sample ordinances developed
by professional organizations. He explained that these ordinances seem to provide a workable
situation.
Responding to Mayor Swanson, Commissioner Frost stated that reference "city forester"
does not contemplate the creation of a new position on staff, rather, the Park Superintendent and
his staff comprise that position.
Park Superintendent McNeil stated that this language was an attempt to clarify and give
more professionalism to the position. He stated that the original drafts included reference to having
an arborist; however, reference to a city forester is more widely found in the ordinances. He then
04-12-93
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stated that the ordinances,as drafted, provide the professionalism that was desired while providing
flexibility in the number of people in this division.
City Manager Wysocki suggested that the definition of "city forester" in Ordinance No.
1365 be amended to refer to "Superintendent in charge of Forestry" rather than "Forestry
Superintendent". He stated that this will more accurately reflect the fact that hiring of a separate
superintendent for this purpose is not contemplated.
Commissioner Stiff stated he is concerned about the budgetary impacts these ordinances
might have, particularly with references to what appears to be new positions contained in them.
Responding to questions from Commissioner Stiff, Commissioner Frost stated that the
Arboricultural Specifications Manual is a document which is to be developed and will contain the
standards to be met by private tree trimmers and City crews in maintaining the urban forestry. He
stated that a substantial amount of the material that is to be included in that document can be
easily gathered together and incorporated into it. He noted that is one of the first items to be
completed by the Bozeman Tree Advisory Board.
Mr. Jerry Cashman, Cashman Nurseries, noted that he has been involved in encouraging
people in the community to beautify their properties for the past eighteen years, through his
business. He stated that he has briefly reviewed these two ordinances and feels that they will
adequately address the issue. He noted that one of his employees served on the ad hoc committee
to which Commissioner Frost referred; and he feels that their work was both good and effective.
He then stated that he was relieved by Park Superintendent McNeil's response that there was no
intent to create a new position under these ordinances because of the expense to the City and its
taxpayers as well as the bureaucracy that can be created. He noted that the monies that would
be used to pay a salary and benefits can be much better used to purchase trees to be planted in
the community. He stated his strong support for creating guidelines which spell out the restrictions
surrounding tree planting and tree trimming, as well as provides for professionalism of City staff.
Responding to Commissioner Vincent, City Attorney Luwe stated that Ordinance No. 1365
applies to any tree on public property, in the public right-of-way, or has branches extending over
public property.
Responding to Commissioner Vincent, Commissioner Frost stated that the ordinance
requires that an individual obtain a permit to plant a tree in the boulevard area, to ensure that it is
properly spaced and is a desirable species. He noted that, while the ordinance provides for the
04-12-93
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setting of fees under a separate resolution, the committee did not feel it would be necessary or
appropriate to establish a permit for such trees, but that people should be encouraged to plant
trees.
Commissioner Vincent asked if this ordinance would prohibit people from planting a new
tree next to an old tree that is beginning to die, so that the old tree can essentially be replaced in
a few years by the new tree. He then asked if he would be required to get a permit to trim a
branch off a tree in his front yard.
City Attorney Luwe stated that if a tree is located so close to the public right-of-way that
its branches extend over the sidewalk or the street, City crews should be contacted about
trimming. He noted that the intent of these ordinances is to establish a program which regulates
the cutting of trees in the public areas to ensure that the appropriate controls and expertise are
utilized.
Commissioner Vincent asked if the City is prepared to respond to calls about tree trimming
in a timely manner.
Commissioner Frost stated that if a tree or a limb is creating an imminent danger to the
public, City crews will address it very quickly. He noted that if a resident's call is strictly one to
address aesthetics, and the City does not intend to address it as a part of its on-going tree-trimming
project, the resident may hire a licensed tree trimmer to trim the tree.
City Manager Wysocki stated that the purpose for monitoring and licensing tree trimmers
is to ensure that the urban forest is protected from being trimmed like those at South 6th Avenue
and West Dickerson Street and in the 1200 block of South Willson Avenue.
City Attorney Luwe cautioned the Commission that, as with all new programs,there will
probably be revisions required to these ordinances from time to time, as situations arise which
reflect the need for change.
Mayor Swanson suggested that the Commission provisionally adopt these ordinances,with
any desired changes being submitted to the Clerk of the Commission for possible incorporation into
the ordinances prior to final adoption in two weeks.
Mr. Jerry Cashman stated support for not charging a permit fee to plant a tree in the
public right-of-way, noting that people should be encouraged to plant trees. He noted the
importance of public education on how trees should be pruned, suggesting that could also help to
alleviate the problems that have been encountered in the past.
04-12-93
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Commissioner Frost stated that these ordinances have been prepared to be legally
defensible; therefore, there has been some language included in them without any specific intent.
Responding to Mayor Swanson, Commissioner Frost stated that the tree inventory
completed a couple of years ago set an approximate value of $9.5 million on the urban forest, with
-- 30 percent of the trees being categorized as being threatened due to lack of care. He stated that
with an aggressive tree trimming program, the value of the urban forest will be dramatically
increased.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1364, establishing the Bozeman Tree Advisory
Board, and that it be brought back in two weeks for final adoption. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Ordinance No. 1365 - adding new Chapter 12.30 to Bozeman Municipal Code, for the protection,
regulation, maintenance, removal and planting of trees and other vegetative matter in the public
streets, boulevards, alleys, parks and other public places; licensing tree service businesses;
establishing the City Forester; and prescribing penalties for violations of its provisions
City Manager Wysocki presented Ordinance No. 1365 to the Commission as prepared by
the City Attorney, entitled:
ORDINANCE NO. 1365
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.30 FOR THE
PROTECTION, REGULATION, MAINTENANCE, REMOVAL AND PLANTING OF
TREES AND OTHER VEGETATIVE MATTER IN THE PUBLIC STREETS,
BOULEVARDS,ALLEYS, PARKS AND OTHER PUBLIC PLACES;LICENSING TREE
SERVICE BUSINESSES; ESTABLISHING THE CITY FORESTER; AND
PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission provisionally adopt Ordinance No. 1365, adding Chapter 12.30 to the Bozeman
Municipal Code, and that it be brought back in two weeks for final adoption. The motion carried
oy the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner
Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none.
04-12-93
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Ordinance No. 1363 - vacating and abandoning north/south_alley in Block One Springbrook
Addition (parallel to North 7th and North 8th running between the east/west alle and West
Mendenhall Street)
City Manager Wysocki presented Ordinance No. 1363 as approved by the City Attorney,
entitled: ORDINANCE NO. 1363
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY IN
BLOCK ONE OF THE SPRINGBROOK ADDITION TO THE CITY OF BOZEMAN,
MONTANA.
The City Manager reminded the Commission that they had conducted the public hearing
on this requested alley vacation at last week's meeting, and directed staff to bring back an
ordinance. He then recommended that it be provisionally adopted at this time and brought back
in two weeks for final adoption.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission provisionally adopt Ordinance No. 1363, vacating the north/south alley in Block 1 of
the Springbrook Addition, and that it be brought back in two weeks for final adoption. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
Request for permission to address the Commission - Chris Boyd, Gallatin Valley Land Trust - re (a)
perimeter trail_around New Hyalite View Subdivision and (b) GallaQator Extension Trail
City Manager Wysocki stated that Mr. Chris Boyd, Director of the Gallatin Valley Land
Trust, has requested an opportunity to address the Commission.
Mr. Chris Boyd announced that the Montana Conservation Corp is working again, with
their efforts being concentrated on the trail on Peets' Hill/Sourdough Ridge and the trail through
Painted Hills Subdivision. He turned the Commissioners' attention to the two trails which he
wishes to address at this time, beginning with the perimeter trail around New Hyalite View
Subdivision. He indicated that his office has received a fair amount of funding for trails and he is
seeking additional monies.
(a) perimeter trail around New Hyalite View Subdivision
Mr. Boyd stated that on April 7, he made a presentation on this item to the Recreation and
Parks Advisory Board; and following discussion, the Board voted unanimously to recommend
approval of the proposed perimeter trail. He noted that the Commissioners were provided with a
04-12-93
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copy of the map showing where the trail would run. He drew the Commission's attention to the
fact that the trail does cross 780 feet of Bozeman Deaconess Foundation property as proposed,
which would require an agreement between the City and the Foundation. He further requested that
the Commission consider granting the Foundation a future parkland credit in exchange for allowing
the trail to traverse its property.
Mr. Boyd stated that the Recreation and Parks Advisory Board recommended that the trail
be 6 feet wide and surfaced with wood chips. He noted that this trail format was also suggested
by homeowners in the subdivision.
Mr. Boyd asked for Commission support to proceed with development of the trail, since
the Montana Conservation Corp is prepared to work. He also asked that the Commission indicate
its willingness to grant future parkland credit to the Bozeman Deaconess Foundation in exchange
for allowing the trail to traverse its property immediately to the north of Maple Drive. He reminded
the Commission that the alternative route for the trail, if permission for the trail to cross Foundation
property cannot be obtained, is to construct the trail within the subdivision boundaries, which
would require two street crossings in a short distance on a curve. He stated his desire to begin
construction of the trail in early May.
Mayor Swanson asked if there is a precedent for future parkland credit.
City Manager Wysocki responded there is. He cautioned, however, that care must be
taken to ensure that there is adequate parkland dedicated to provide a nice park area where people
can "throw a ball, or rest and have a picnic" rather than having all of the parkland dedication be
eaten up by trails.
Mayor Swanson explained that this request involves implementation of a trail system that
was already approved in the master plan for this particular park. He indicated his support for
pursuing an agreement under which this trail could traverse almost 800 feet of Bozeman Deaconess
Foundation property.
Ms. Barbara Mall, 1335 Cherry Drive, stated that residents of the subdivision who have
attended meetings on this plan have indicated their support. She noted that it will enhance the
subdivision and create recreational access for residents of the community. She further noted that
some of the residents in the subdivision are willing to assist in development of the trail.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission endorse the perimeter trail around New Hyalite View Subdivision, as requested by the
04-12-93
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Gallatin Valley Land Trust, and consider granting future parkland credit to the Bozeman Deaconess
Foundation in exchange for an agreement to allow the trail to traverse 780 feet of Foundation
property at the north end of Maple Drive. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff,
Commissioner Vincent and Mayor Swanson; those voting No, none.
(b) Gallagator Extension Trail
Mr. Chris Boyd next addressed the southward extension of Gallagator Trail, from its
terminus at the intersection of Kagy Boulevard and South Third Avenue to Goldenstein Lane and
then along Goldenstein Lane to the existing Sourdough Trail. He reviewed the location of the
proposed trail, as depicted on the maps contained in the Commissioners' packets. He explained
that it follows the abandoned Milwaukee Railroad right-of-way; jogs around the Museum of the
Rockies; back to the Railroad right-of-way briefly before jogging southwestward along a ditch
across privately owned property to the southwest corner of the Morning Star School property; then
along the South Third Avenue right-of-way, which is 60 feet wide, to Goldenstein Lane; and finally,
along the Goldenstein Road right-of-way to Sourdough Trail.
Mr. Boyd stated that the Recreation and Parks Advisory Board also considered this trail
and recommended that it be constructed to a minimum width of eight feet, possibly narrowing to
six feet where it traverses privately-owned property if necessary. He stated that surfacing for the
trail is to be road mix, provided by the County.
City Manager Wysocki asked if the proposed trail from Video Lottery Technologies south
to Arnold Street is firmly set and whether it follows the drainage. He expressed concern that it
could potentially create problems for the developer as he subdivides the property, possibly
rendering portions of it useless if this proposed trail location is firm.
Mr. Chris Boyd responded that the proposed trail does follow the drainage ditch. He also
stated that he has worked with Mr. Gene Graf, owner of the subject property, in developing this
trail alignment. He noted that a portion of the property is quite wet, to the point that the
vegetation is different; and he would suggest that it be used as a part of the parkland requirements
for future subdivision of the property. He stated that the principal of the Morning Star School has
contemplated developing a wetland area; and he feels that this natural wetland area so close to the
school could be used to meet her needs.
04-12-93
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Mr. Boyd stated that Mr. Graf has basically given his approval for a six-foot-wide trail to
run as shown on the map. He noted that this path is along the west side of the drainage ditch until
it reaches the school property. He went to say that the exact trail location from the school
property southward to where it crosses South Third Avenue is still somewhat flexible and depends
„_. in part on future configuration of the intersection of Graf Street and South Third Avenue. He
suggested that, because of the flexibility in that area, the Commission should act only on that
portion of the Gallagator Extension Trail from the intersection of South Third Avenue and Kagy
Boulevard to the southwest corner of the Morning Star School site.
Mayor Swanson noted the importance of including that portion of the trail which has been
dedicated as a part of the Overbrook Planned Unit Development in this trail improvement. He
stated that he has traveled that portion of the proposed trail from the Video Lottery property to the
southwest corner of the school property, and characterized it as an extremely beautiful corridor.
City Engineer Craig Brawner noted there is a fair amount of delineated flood plain on the
property through which the trail is to run. He noted that this could impact how and where
development occurs within a new subdivision.
Commissioner Frost stated he is still concerned about the trail going around the Museum
of the Rockies, noting his understanding is that the University doesn't want it running along the
abandoned railroad bed. He stated that the Recreation and Parks Advisory Board expressed its
interest in still trying to obtain trail right-of-way along the abandoned railroad corridor, but agreed
it would be appropriate to initially construct the trail along a route around the Museum since the
University is willing to provide that corridor at this time.
City Manager Wysocki explained that, according to the minutes from the Recreation and
Parks Advisory Board meeting, Chairman Bryson was to meet with MSU President Malone today
to discuss this topic.
Responding to Mayor Swanson, Commissioner Frost stated he feels it is important to
include that portion of the trail which was dedicated as a part of the Overbrook project, noting it
can serve as a connecting loop through the Lippon property and on to other places to the south and
west. He suggested that a permanent trail through the Lippon property could be addressed when
expansion of Video Lottery Technologies is considered.
Responding to Mayor Swanson, Mr. Boyd stated that Mr. Larry Lippon, who owns the
property upon which Video Lottery Technologies is located, has verbally indicated a willingness to
04-9 2-93
- 21 -
provide for some type of trail through his property; but that commitment has not been formalized.
He then stated that if the Commission has a strong preference to use the boundary of the Lippon
property and the Museum of the Rockies property to loop back to the abandoned railroad right-of-
way, he is willing to make that change.
Responding to the City Manager, Mr. Boyd stated he presently has permission from the
Museum and Mr. Graf to construct the trail across their properties, as depicted on his map.
Responding to Mayor Swanson, Mr. Boyd stated he would like to begin working on this
trail in early May, also, beginning at the northern end and working southward to the southwest
corner of the Morning Star School property. He stated that if there is time after that section is
completed, he will work with the County to work on constructing the path along South Third
Avenue and Goldenstein Lane.
Responding to Commissioner Vincent, Mr. Chris Boyd stated that the University is
concerned about allowing the trail to traverse along the abandoned railroad right-of-way because
of its proximity to the Tinsley Homestead and the agricultural activities which now occur there.
He stated that University representatives are concerned about the increased potential for vandalism
and harassment if the trail is located adjacent to the Tinsley Homestead. He also noted they are
concerned about the potential that the draft horses may kick those on the trail during the summer
months.
City Manager Wysocki recommended that the Commission approve the Recreation and
Park Advisory Board's recommendations for the Gallagator Extension Trail.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission approve the Gallagator Extension Trail, as recommended by the Recreation and Parks
Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
Jiscussion - sidewalk prowarns for new installations and repairs
City Manager Wysocki reminded the Commissioners that a copy of Engineer Brawner's
memo, dated March 15, was included as an "FYI Item" in last week's packet; and they had
requested that discussion of the memo be placed on this week's agenda.
04-12-93
- 22 -
City Engineer Craig Brawner reviewed the long-range sidewalk construction program which
had previously been approved by the Commission. He noted that some of the projects originally
scheduled for 1992 have not been completed; and some of the projects scheduled for 1993 will
require substantial preliminary work, which means they cannot possibly be completed this year.
He then reviewed his proposal for the 1993 sidewalk construction program, which includes
South 20th - Main to Beall $ 27,800
Kagy - Willson to 11th (5-foot temporary asphalt path) 13,900
North 21 st - Beall to Durston 16,300
North 22nd - Beall to Durston 23,400
Figgins Subdivision 190,300
TOTAL $271 ,700
The City Engineer informed the Commission that, since North 7th Avenue and Main Street
are under direct control of the Montana Department of Transportation, it appears that the City does
not have the authority to order in sidewalks but must work with the Highway Commission instead.
Commissioner Frost added that in the original sidewalk program, there was $133,000 in
projects scheduled for 1992 and $437,000 for 1993. He recognized the necessity to work with
the Department of Transportation to require the installation of sidewalks along the State highways.
'He suggested that the work be started immediately, so that sidewalks can become a reality within
five years, rather than in twenty years. He asked if it would be possible to move some of the
sidewalks up from the 1994 program to increase the anticipated expenditure up closer to the
original figure of $437,000.
The City Engineer responded that there are sidewalks that could be moved up on the list;
however, he noted that the sidewalk construction and sidewalk repair programs for this year that
have been forwarded for Commission approval represent about as much work as staff can handle.
He stated that, because of the high construction costs at the present time, he is hesitant to
undertake too much.
Commissioner Frost suggested an alternative might be to notify those who are located in
the area targeted for 1994 construction now, so they have time to begin those installations well
ahead of time. He expressed concern that the City is falling behind on its original schedule for
sidewalk installation; however, he stated that he does recognize the reasons for that.
Commissioner Knapp stated support for Commissioner Frost's comments concerning
sidewalks along North 7th Avenue and Main Street. She noted the number of tourists who stay
in hotels along North 7th Avenue and the difficulties they encounter when trying to walk anywhere.
04-12-93
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City Manager Wysocki asked if it would be acceptable to install a curvilinear sidewalk
along North 7th Avenue in lieu of a straight boulevard sidewalk. He reminded the Commissioners
that there is only five feet of right-of-way behind the curb; and it may be easier and less costly to
install the sidewalk within that right-of-way along some of the properties than to try to obtain
- additional right-of-way or an easement.
The Commissioners concurred that installation of a sidewalk is the primary effort, noting
a willingness to accept a curvilinear sidewalk to obtain the desired result of providing a safe place
for people to walk.
Commissioner Frost suggested that representatives from the City start talking to property
owners along North 7th Avenue in an effort to determine who would be interested in getting
involved in the process.
Mayor Swanson pointed out the Sculpture Park adjacent to Darigold, suggesting that the
Beautification Advisory Board might possibly take the lead in this effort.
Commissioner Knapp indicated her willingness to forward that possibility to the Board
members at their May meeting.
Responding to Mayor Swanson, the City Engineer stated that the temporary asphalt
walkway was initially scheduled for the south side of Kagy Boulevard. He stated that he would like
to see the walkway installed along the north side of Kagy; however, he recognizes there are
inherent problems with that idea. He noted the potential for grade changes near the intersection
with South Willson Avenue, which will dramatically affect where the sidewalk is located. He then
noted that when Kagy Boulevard is expanded, it will be to the south of the current roadway.
Mayor Swanson explained that during discussions on the transportation plan update, the
Commissioners have talked about the need for some kind of a pathway along Highland Boulevard,
particularly along the south end, to separate pedestrians from vehicles. He then asked if some type
of pathway could be included in this year's sidewalk program.
City Manager Wysocki asked if the Commission would be willing to consider a rolled gravel
surface path on the north side of the roadway as an initial step. He stated that he would prefer
that alternative to an asphalt pathway at this time, with possible upgrading of the pathway surface
to occur at some time in the future.
Commissioner Stiff suggested the possibility that some of the enhancement monies could
be used for this project.
04-12-93
- 24 -
Following a brief discussion, the Commissioners stated concurrence for including a
pathway along the north side of Highland Boulevard in this year's sidewalk construction program.
Continued discussion - re guest for $2 500 in funding for cultural planning process
Mayor Swanson noted that the Commissioners have just received additional information
on this agenda item. He then requested that, due to the late hour, discussion on this item be
deferred for a period of one week.
Discussion - FYI Items
City Manager Wysocki noted that the following "For Your Information" items were
included in the Commissioners' packets.
(1) Memo forwarding information from a visit to the Clerk's office by Robin Owen,
522 West Olive Street, on April 8, regarding her recent treatment at the Humane Society and the
Police Department over a cat at large.
(2) Copy of a letter from Jessie Nelson, 9 Trails End Road, dated April 8, regarding
the speed limit on South Third Avenue.
(3) Copy of a letter from the Office Manager at Dr. Nichols' office to City Engineer
Craig Brawner, dated March 16, regarding the imminent parking restrictions on North 11 th Avenue.
(4) Letter to the Commission from Antoine Bastian van der Meer, dated April 9,
regarding dog droppings on sidewalks.
(5) Memo from the City Manager, dated April 8, announcing the hiring of new Fire
Chief Aaron Hoist, effective June 1, 1993.
(6) Tentative schedule for adoption of the budget for Fiscal Year 1993-1994.
(7) Letter from the Community Food Co-op, dated April 7, regarding a consensus
decision making workshop and encouraging City participation.
(8) Letter from the Department of Justice, Board of Crime Control, dated April 5,
announcing that the City has been awarded $33,352.00 in federal funds for its DARE program.
(9) Copies of articles from the Billings Gazette, regarding quality of life and zoning,
as forwarded by Mayor Swanson.
(10) Copy of the water supply outlook report, dated March 1, as prepared by the Soil
Conservation Service.
04-12-93
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(11 ) Agenda for the Development Review Committee meeting to be held at 9:30 a.m.
on Tuesday, April 13, at the Carnegie Building.
(12) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on
Tuesday, April 13, at the Carnegie Building.
(13) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
April 13, in the Community Room of the Courthouse, along with daily minute for the week of
March 29.
(14) Building Inspection Division monthly report for March 1993.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Proclamation - "Arbor Day" - April 30 1993
Commission Resolution No. 2909 -Joint resolution to foster and maintain health
behaviors for childrenyouth and families in Gallatin Counjy
COMMISSION RESOLUTION NO. 2909
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING A JOINT RESOLUTION
TO FOSTER AND MAINTAIN HEALTHY BEHAVIORS FOR
CHILDREN, YOUTH AND FAMILIES IN GALLATIN COUNTY.
Deviations to Section 18.50.080.A. to allow new structure to encroach 23 feet
into the Rouse/Mainsight triangle - Mark Little, Landon Building; per
DRB recommendation
Authorize City Manager to sign - Collection Agreement between City and USDA
Forest Service for appraisal of-specified City lands located in the S'2
Section 31, T3S, R7E, and the E'/z, Section 13,.T4S, R6E, MPM
Authorize City Manager to sin - Easement Agreement between City and
Montana Power Company - 15-foot-wide strip adjacent to the west
property line of Lot 23 Block A Maple Terrace Subdivision (City-owned
lot at the northeast corner of intersection of Durston Road and North
19th Avenue extended)
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner
Frost and Mayor Swanson; those voting No, none.
04-12-93
- 26 -
Adiournment - 6:02 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent,
w. Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting
No, none.
Staff presentations re goals for Fiscal Year 1993-1994
(a) Director of Public Service Forbes
1W City Manager Wysocki
ki Assistant-City Manager Brey
The Commission met in a work session setting, at 7.30 p.m.; and no minutes were taken.
Each of these individuals, in turn, reviewed the status of goals set for Fiscal Year 1992-1993 as
well as the goals that have been forwarded by his department for Fiscal Year 1993-1994.
TIMOTH SWANS ', N1 yor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
04-12-93
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 19, 1993
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, April 19, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki and
Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - April 12, 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of
the regular meeting of April 12, 1993, be approved as amended. The motion carried by the
'" 'fol[owing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Discussion - final direction on issues identified by Planning Director E le in anticipation of
preparing resolution for adoption of transportation plan update
City Manager Wysocki stated that, included in the Commissioners' packets, were a cover
memo from the Clerk of the Commission, dated April 16, setting forth the proposed timeline for
adoption of the transportation plan update; and a memo from Planning Director Epple, dated April
15, setting forth four issues upon which he would like additional Commission direction.
Planning Director Epple distributed a memo to the Commissioners from Code Enforcement
Officer Beall to him, dated April 19, setting forth the parking counts which he had taken on South
Willson Avenue on Friday, April 16, and Monday, April 19. He noted that these counts were taken
between West Babcock Street and Kagy Boulevard, separating the total numbers of vehicles from
those parked on the east side of the street being broken out. He briefly highlighted the results,
which are as follows: 2:30 p.m. on April 16 -- 84 total vehicles, 37 of which were on the east
side; 12:45 p.m. on April 19 -- 72 total vehicles, 27 of which were on the east side; and 3:30 p.m.
04-19-93
- 2 -
on April 19 -- 65 total vehicles, 29 of which were on the east side. He explained that there were
no vehicles parked on South Willson Avenue between West College Street and West Curtiss Street,
on either side, during these counts.
The Planning Director stated that he has discussed the AASHTO standards with
Environmental Engineer Mike Morgan more extensively today, and found that under ideal
conditions, the minimum width for a bike lane can be four feet. He added, however, the standards
recommend that the lanes be five feet wide. He then briefly highlighted the four issues which he
had identified, and, after extensive Commission discussion, was given direction for preparation of
the resolution, as follows.
1 . Intersection improvements at South Third/Kagy Boulevard/South Willson Avenue
In response to the Mayor, Planning Director Epple reviewed the slip ramp concept for this
intersection, which is to be revised to form a four-way intersection, rather than the current
configuration. He stated that if a right turn slip ramp were provided, it would allow traffic moving
north on South Third Avenue to make a right turn into the eastbound lane of Kagy Boulevard
without stopping. He stated that the four-way intersection is originally to be designed with four-
way stop signs, and a traffic signal to be installed when warrants are met. He stated that if a slip
ramp is to be added to the intersection, a protective curbing will be installed to provide safe turning
maneuvers in that lane. He stated that proponents of the slip ramp concept suggest that it would
take some of the load off the northbound traffic on South Willson Avenue with the ease of turning
left; however, after consideration of the concept, neither the consultant nor the City-County
Planning Board indicated support because they felt it would not provide the desired results.
Commissioner Vincent stated he does not view this as an attractive alternative for very many
people.
Commissioner Knapp noted the cost of realigning this intersection, which is estimated at
$392,000, including the traffic signal. She suggested that, because of this high cost, it may not
deserve the high priority which it currently has. She suggested there are no real major problems
at the existing intersection, nor do there appear to be exceptional safety hazards. She went on to
say that, with the school crossings on South Third Avenue, steps should not be taken which might
make it more convenient to speed along that roadway.
The Planning Director reminded the Commission that realignment of this intersection is listed
as a TSM, not a major improvement. He further reminded the Commission that the listing of TSM
04-19-93
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projects has not yet been prioritized. He stated that realignment of this intersection is on the State
project list, although other sources of funding could be utilized if the City wishes to see the project
completed in a more timely manner.
Commissioner Vincent stated that, while he typically likes the idea of a slip ramp, he does
not feel it would accomplish much in this particular instance.
Commissioner Knapp stated support for the intersection as designed, without the slip ramp.
Commissioner Frost stated that, while he is concerned about funneling traffic down South
Willson Avenue, he does not see any other alternative.
Commissioner Stiff stated he is concerned about a slip ramp, and the potential of funneling
traffic to Sourdough Road and Highland Boulevard, which cannot accommodate additional traffic
in their current conditions. He indicated his support for the intersection without a slip ramp.
Mayor Swanson stated his concurrence with the comments from the other Commissioners.
2. Bike lanes on South Willson Avenue
In response to Mayor Swanson, the Planning Director reviewed the options which have been
previously discussed for providing bike lanes on South Willson Avenue. He stated that under the
first option, parking would be removed from the east side of South Willson Avenue, providing one
parking lane, two bike lanes and two driving lanes on the street. He explained that the street is
43 feet wide to the face of the curb in the narrowest part, and widening to 45 feet toward the
southern end. He noted that this would allow for an 8-foot parking lane, two 5-foot bike lanes and
two driving lanes which graduate from 12Y2 to 13% feet in width. He stated that under the
second option, parking would remain on both sides of the street, resulting in two 8-foot parking
lanes, two 5-foot bike lanes and two driving lanes which graduate from 8Y2 to 9% feet in width.
He cautioned that the latter is unacceptable from a public safety standpoint because the minimum
driving lane width is 10 feet while the preferred driving lane width is 11 feet. He reminded the
Commission that under AASHTQ standards, 4 feet is the minimum acceptable width under ideal
conditions, with 5 feet being the recommended width.
The Director then forwarded a possible third option, which would be to stripe a bike lane on
one side only, similar to the possibility forwarded for Babcock Street.
Commissioner Stiff suggested that a fourth option would be to leave the street as it currently
exists. He noted that the character of South Willson Avenue is that of three different streets,
04-19-93
4
beginning with two or three blocks of commercial activity and lots of parking, then being lined with
beautiful historic homes and virtually no on-street parking and, finally, to newer residential
development and substantial on-street parking at the south end.
Commissioner Stiff expressed his considerable concern with the idea of removing any parking
from South Willson Avenue, and the possible negative impact this could have on the back yards
of some of the homes and their 100-year-old trees. He also noted that with the most recent
overlay on South Willson Avenue, there are now big humps and dips at the intersections, which
could create some real safety problems for someone riding a bicycle. He stated that he does not
believe that South Willson Avenue is a good commuter route, particularly in light of the fact that
trucks will continue to use the street to gain access to the southern part of the community.
Commissioner Vincent stated his recognition that a bike lane is important to the biking
community, although he does not understand why anyone wants to ride on South Willson Avenue
and encounter all of the pollution, exhaust fumes and noise. He noted that the adjacent streets
provide much more pleasant travel.
Commissioner Vincent stated that Option 2 is unaccceptable because it does not meet
standards. He noted, however, that it would keep bikes out of the big dips along the sides of the
street, to which Commissioner Stiff previously referred. He then stated that Option 1 would allow
for a street format that would meet standards while providing two bike lanes, one of which
contains hazards.
Commissioner Knapp suggested that, in addition to the pedestrian bulbs proposed at the
intersections of West Garfield Street and West College Street, she would suggest that one be
installed at West Dickerson Street, which is a major school crossing.
Commissioner Knapp then suggested that the parking be retained on both sides of the street
and that one 5- to 7-foot wide bike lane be added. She stated that, while there is little on-street
parking between West Curtiss Street and West College Street, there is substantial parking on the
remainder. She noted the need to protect the downtown area and its existing parking. The
'ommissioner stated she has no preference for which side the bike lane is installed, indicating she
will leave that to those who have more expertise in that area.
Mayor Swanson suggested that a single bike lane should be installed on the east side of the
street.
04-19-93
- 5 -
City Manager Wysocki suggested that the bike lane should be installed on the west side of
the street, for the uphill bike traffic, since the bike traffic going downhill can keep up with the
speeds of vehicular traffic much better.
Mayor Swanson stated that South Willson Avenue is the one street on which the City really
has a chance to enhance the bicycling experience for the commuter. He then stated his support
for Option 1, which involves the removing of parking from the east side of Willson. He suggested
that it could be modified to decrease the width of the driving lanes from the proposed 12%2 feet
to 11 feet, with the additional width being added to the bike lane on the east side of the street.
He suggested that this would help to avoid problems with the dips, as alluded to by Commissioner
Stiff and Commissioner Vincent, and enhance the bicyclists' enjoyment of the street. He stated
that those with expertise on bicycling in Bozeman have developed the proposed bicycle routes; and
he feels that input should be carefully considered.
Mayor Swanson stated he feels this is a prime opportunity for the City to address the
bicyclists' needs; and he is extremely concerned about the potential that the Commission will
decide to retain the on-street parking for roughly 31 cars instead of meeting cycling needs. He
stated that if the Commission does not take this step now, it won't provide for bike lanes on any
of the other streets in the community, either, as proposed in the transportation plan update.
Mayor Swanson added that South Willson Avenue is part of a larger bicycling system, which
would connect the downtown area with MSU, via West Grant Street, and Kagy Boulevard.
Commissioner Frost stated that he uses South Willson Avenue when he is trying to get
somewhere quickly and safely on his bicycle. He stated, however, that he is concerned about the
width of the bike lanes that may be installed. He stated that he does not support the installation
of a bike lane on only one side of the street, leaving bike riders in the other lane unprotected. The
Commissioner explained that the Commission is dealing with old streets that cannot accommodate
all of the different functions they are being asked to serve, so the Commissioners must make tough
decisions. He suggested that these items can be addressed during the construction of new streets;
and it may be possible to address them through elimination of parking on some of the existing
street, one at a time, to create a bike lane system around the community. He then stated that,
given all of the options, he is willing to support eliminating the parking on the east side of the street
to accommodate a bike lane.
04-19-93
- 6 -
Commissioner Vincent stated he feels it is important to accommodate bicycles whenever
possible on the City's street system; however, he cautioned that realities of the existing system
must also be carefully considered.
Commissioner Knapp noted that, since bicycles are subject to the rules of the road, they
have a right to be in the driving lane. She then stated that she feels one bike lane is better than
none, and represents a start toward addressing the issue.
Commissioner Stiff characterized South Willson Avenue as the "best street in town"; and
indicated that he cannot support eliminating any parking. He then stated that, with impending
improvements to Highland Boulevard and South 19th Avenue, he feels that bicycling issues can be
addressed. He went on to say that nobody is against bicyclists; he just recognizes that the
Commission is "working with streets designed for horses".
Commissioner Frost suggested the possibility of designating the centerline on South Willson
Avenue, and possibly striping two 11-foot-wide driving lanes, leaving the remainder of the paving
between the driving lane and the curb for parking and bicyclists. He stated that, while this is not
a perfect solution, it would provide an area in which bicyclists would typically be safe simply
because of the low parking levels.
Commissioner Stiff stated support for the proposal. He noted that, in his informal
observations of the street, he found that in 9 of the 30 block faces between Babcock and Kagy,
there were no parked cares during daytime hours.
Mayor Swanson reminded the Commission that this transportation plan update is designed
as a twenty-year plan; and it should be developed with that idea in mind, and in an attempt to
acccommodate substantially more traffic. He further noted the importance of beginning to
accommodate bicycle traffic, noting that in those communities where such steps were taken
twenty years ago, they have a much better cycling community. He informed the Commission that
he does not feel the proposed striping of driving lanes will provide the type of safety for bicyclists
,.that is typically expected in a bike lane, mainly because of the potential for opening doors on
parked vehicles.
Commissioner Knapp stated she feels that Commissioner Frost's suggestion is an excellent
one, noting that it solves a lot of problems while dealing with reality.
Mayor Swanson reiterated his concern that if the Commission doesn't support the stripping
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of parking from one side of South Willson Avenue for bike lanes, it won't support any of the others
in the plan.
Commissioner Frost responded by forwarding his disagreement. He characterized South
Willson Avenue as an extremely important street in the community, and the others as being more
easily considered.
Following additional discussion, a majority of the Commissioners concurred with
Commissioner Frost's recommendation for striping a centerline and two driving lanes.
3. Bike lanes on Mendenhall and Babcock Streets
Planning Director Epple stated that to provide bike lanes on Mendenhall Street, while
retaining parking on both sides of the street, would also result in substandard width driving lanes
that range from 8% feet to 9%2 feet. He stated that similar situations would occur on Babcock
Street if parking were to be retained on both sides of the street.
Mayor Swanson asked about the possibility of making the parking lane on the side of the
bike lane 7 feet wide, the bike lane 4 feet wide, the driving lane next to the bike lane 11 feet wide,
the other driving lane 10 feet wide and the outside parking lane 8 feet wide. He suggested that
on Mendenhall Street, where the street narrows the most, the decreased width could be
incorporated into the bike lane, which would result in a 2-foot-wide bike lane at the narrowest
point.
The Planning Director stated that observation of vehicles parking along the south side of
Mendenhall Street reveals that approximately 90 percent of those vehicles are exited on the driver's
side only, which is next to the sidewalk. He cautioned that an 8-foot-wide parking lane is at the
low end of the scale.
Commissioner Frost stated that the minimum AASHTO standards of 11-foot driving lanes
on arterials cannot be met while providing a bike lane; and he is not willing to consider removing
parking from the street because of the negative impact that may occur in the downtown business
district. He emphasized his position that he does not support this proposal under existing
circumstances.
Commissioner Stiff also forwarded his lack of support for this proposal at this time. He
stated that after other parking in the downtown area is made available, it might be possible to
reconsider this issue. He raised concerns with approving the installation of a bike lane at this time,
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stating that the removal of one parking lane could result in compressed driving and bike lanes to
the point that liability could become an issue.
Commissioner Vincent stated concurrence with Commissioner Frost and Commissioner Stiff.
He forwarded his position that the Commission has not given enough consideration to dramatically
changing the configuration of Mendenhall Street and Babcock Street in relation to Main Street. He
suggested that state-of-the-art two-lane roadways with bike lanes, without compromising parking,
could be an attractive alternative for these two streets. He noted that this is becoming a trend in
many of the cities approximately the size of Bozeman that implemented one-way streets about the
same time Bozeman did.
Commissioner Knapp stated she feels that alternative streets should be considered for bike
lanes. She noted, from her experience, that an older bicyclist generally needs the full five-foot
width of a bike lane to feel comfortable; and she does not feel that a narrower one is adequate,
particularly on these streets.
Mayor Swanson stated it is important to recognize that the bike routes set forth in the
proposed transportation plan update have been chosen as commuter routes, as opposed to
recreational paths. He noted that these streets are already being heavily used by cyclists; and
every effort should be taken to recognize bike traffic. He suggested that action should be taken
to ensure that existing sight triangle problems are addressed, which would make the situation
better for everyone.
Mayor Swanson encouraged the striping of bike lanes on the north side of Babcock Street
and the south side of Mendenhall Street, stating he feels that would help to delineate the area in
which bicycles can typically be anticipated. He suggested that this, in conjunction with the
installation of pedestrian bulbs and addressing sight triangle issues, could help to make these
streets more attractive.
Responding to questions from Commissioner Vincent, Mayor Swanson stated that bicyclists
must follow the same rules under which vehicles are operated. He further noted that they have
the same rights and responsibilities, and may lawfully choose to ride in the driving lane. He stated
that, typically, a bicyclist will move from a bike lane and into the lane from which he would
negotiate a turn in a vehicle if that is the type of maneuver required at an intersection.
Planning Director Epple explained that pedestrian bulbs have been proposed on Babcock
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Street at South Tracy Avenue and South Black Avenue and asked if the Commissioners wish to
designate specific locations on Mendenhall Street for installation of bulbs.
The Commissioners chose North Willson Avenue and possibly North Black Avenue as
intersections for pedestrian bulbs on Mendenhall Street.
Commissioner Stiff stated that, while he concurs with the Mayor on the issues of pedestrian
bulbs and addressing sight triangle issues, he is concerned that striping for bicycles could result in
potential liability problems.
Commissioner Frost concurred, stating that he would prefer to have full rights to the driving
lane than have expectations of safety by being in a bike lane.
City Manager Wysocki suggested that the Commissioners consider the installation of a
pedestrian bulb at the intersection of East Babcock Street and South Bozeman Avenue, since the
Gallatin Laundry building is located on the property line.
Planning Director Epple stated that under the TSM, pedestrian bulbs are to be installed on
a trial basis. He indicated that the Commission may identify as many locations as it wishes for
these experimental bulbs.
4. South Eleventh Avenue administrative closure
Commissioner Knapp stated that she has given considerable thought to this proposal, and
still has strong reservations about considering the proposed administrative closure, at least until
Kagy Boulevard has been extended from South 11th Avenue to South 19th Avenue and until the
neighborhood residential parking district has been implemented. She stated that after those two
steps have been taken and their impacts on traffic patterns have been assessed, then she feels it
would be possible to consider the necessity and desirability of this proposed administrative closure.
Commissioner Vincent stated that he is also open minded about this proposed closure. He
questioned the appropriateness of requiring the right-of-way for southward extension of South 11 th
Avenue in exchange for the administrative closure, as was previously discussed. He then stated
that he does not feel that the administrative closure should be considered until after the impacts
of opening Kagy Boulevard to South 19th Avenue have been assessed. He indicated that, while
he does not believe that a neighborhood parking district will have as great an impact, he feels it
should be considered in any deliberations on closure of the street.
Commissioner Stiff stated the proposed administrative closure of South 11th Avenue
between the hours of 8:30 a.m. and 4:30 p.m. is a more attractive option than the absolute closure
04-19-93
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of the street, which has been proposed in times past. He noted that this proposed closure would
allow for commuter travel as it is now. He concurred with the previous Commissioners' comments
that any closure should not be considered until after the extension of Kagy Boulevard to South 19th
Avenue has been implemented as well as the neighborhood parking districts. He stated his interest
in considering this option further at the appropriate time.
Commissioner Frost stated that, in his observations, traffic moves at an average speed of
15 miles per hour along South 11 th Avenue when students are crossing the street. He stated that
he does not believe that it is appropriate to close the street for eight hours a day to accommodate
students crossing the street for 10 to 15 minutes, 7 times a day, for a total of about two hours.
He stated that the strongest argument for closure appears to be that these college students are
young and need to be protected, yet, if they are stopped for DUI, they are treated as adults. He
emphasized his position that he is not in favor of closing the street, at all, at any time.
Mayor Swanson stated his support for the administrative closure of South 11th Avenue,
given the 11,000 vehicle trips and 17,000 pedestrian crossings which occur on a daily basis during
the school day. He noted that the proposed hours of the administrative closure do not affect the
main commuter hours. He added that this administrative closure would not be irrevocable,
suggesting that language could be added which would provide for ease in re-establishing full-time
opening of the street. He explained that, while he recognizes the extension of Kagy Boulevard will
take some of the traffic, and the establishment of a neighborhood parking district may further
reduce traffic on the street, he does not believe those reductions will adequately decrease the
traffic enough to keep the street open.
The Mayor stated that in this instance, the situation is too much in favor of the automobile
and not the pedestrian. He emphasized his intention to make Bozeman a pedestrian-friendly
community.
City Manager Wysocki cautioned the Commission against dismissing the option of providing
an administrative closure on South 11th Avenue totally. He noted that, because of the high
number of pedestrian crossings, it may be necessary to consider liability issues at some time in the
future. He then suggested that the proposed administrative closure from 8:30 a.m. to 4:30 p.m.
may be an appropriate alternative, since it would allow much of the commuter traffic to still take
advantage of that route to get to and from work.
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Planning Director Epple stated that, in light of this discussion, he will revise the language for
this TSM to provide for consideration of an administrative closure after Kagy Boulevard has been
extended to South 19th Avenue and a neighborhood parking district established and after a traffic
analysis has been completed, with a provisions for a trial basis and possible re-opening of the
Responding to Commissioner Vincent, Planning Director Epple stated he will prepare a
resolution, similar to the one forwarded to the Commission from the City-County Planning Board,
for consideration at next week's meeting. He stated that, hopefully, following next week's work
session, the Commission will be prepared to adopt the transportation plan update.
Commissioner Vincent stated he has some proposed amendments and additions to forward
for consideration, including the possibility of changing Mendenhall and Babcock to state-of-the-art
two-ways; neighborhood traffic; neighborhood traffic circles; and designating 19th Avenue as a
truck route.
Mayor Swanson reminded the Commission that after the transportation plan update is
adopted, it can be amended as needed. He then indicated that this plan will be considered during
a work session set for next Monday evening.
Request for permission to close "Greekway" - May 8 3.00 p m to 10.00 p.m.,• waiver of open
container ordinance
City Manager Wysocki stated that, included in the Commissioners' packets,was a letter from
Alpha Gamma Rho and Sigma Nu, requesting permission to close off Greekway from 3:00 p.m. to
10:00 p.m. on Saturday, May 8, for an outdoor party, and further requesting a waiver of the open
container ordinance. He noted that, also included in the packets, was a memo from Assistant
Police Chief Conner, dated April 9, encouraging denial of the request.
Chief of Police Boyer stated that his department's position is spelled out in the memo that
the Commissioners received.
Ms. Joye Kohl, Gallatin Valley Prevention Coalition, submitted written testimony to the
Commission, also in opposition to the requested street closure and waiver of the open container
ordinance. She briefly highlighted that information, noting that a high percentage of those at this
event would be underage, since that is the profile of the MSU population. She stated that the
misuse of alcohol is a major health factor and economic drain, enumerating some of its negative
04-19-93
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impacts. She explained the critical consequences that can be incurred from drinking and driving.
She reviewed several statistics from surveys which reveal drinking and violent crimes are linked
together. She stated that a 1991 survey of MSU students and their use of alcohol showed that
the MSU population isn't any different from the national norm.
Ms. Kohl congratulated the City on its recent recognition as the 1992 Montana Red Ribbon
Government of the Year, and encouraged the Commission to continue the philosophy that earned
the award by denying this request. She encouraged the Commission to establish a policy requiring
that the Vice President of Student Affairs and Services at MSU sign off on such requests before
they are forwarded to the City.
Mr. Jeff Rupp, 1542 South Grand Avenue, addressed the number of small children in the
neighborhood. He expressed concern about the possibilities that might be encountered if those
who attend the party drive away, and encouraged the Commission to deny the request.
Commissioner Frost stated support for Ms. Kohl's suggestion that representatives from MSU
sign off on any request for waiver of the open container ordinance before it is forwarded to the City
for action. He then stated support for denial of the application, noting it would create a situation
"�that would be impossible to control.
Mayor Swanson reminded the Commission of the City's support for a grant to work with
MSU freshmen to encourage healthy alternatives to drinking.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission deny the request for permission to close Greekway on May 8, from 3:00 p.m. to
10:00 p.m. and the attendant request for waiver of the open container ordinance. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
Mayor Swanson asked City Manager Wysocki to send a letter to MSU regarding the idea of
signing off on requests for waiver of the open container ordinance.
Staff presentations re goals for Fiscal Year 1993-1994
(a) Administrative Services Director Gamradt
(b) Chief of Police Boyer
(c) Fire Chief Shearman
(d) Recreation Superintendent Harkin
Since these presentations are being made in a work session setting, minutes are very brief.
04-19-93
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Due to the late hour of the meeting, only Chief of Police Boyer submitted his presentation. In that
presentation, he reviewed the status of goals set for Fiscal Year '1992-1993 as well as the goals
that have been forwarded by his department for Fiscal Year 1993-1994.
Recess - 5:42p.m.
Mayor Swanson declared a recess at 5:42 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Swanson reconvened the Commission at 7:00 p.m. for the purpose of conducting the
scheduled public hearings and completing the routine business items.
Public hearing -Conditional Use Permit-Gallatin Valley Seed Company, Inc. -allow modification and
expansion of existing non-conforming office and warehouse complex in R-4 zone - Lots 11-20,
Block D, Rouse's Second Addition (201 South Wallace Avenue) (Z-9315)
This was the time and place set for the public hearing on a Conditional Use permit to allow
the modification and expansion of an existing non-conforming office and warehouse complex in an
R-4, Residential--High-density, zone on Lots 11 through 20, Block D, Rouse's Second Addition, as
requested by Gallatin Valley Seed Company, Inc. under Application No. Z-9315. The subject site
is more commonly known as 201 South Wallace Avenue.
Mayor Swanson opened the public hearing, after which he reviewed the procedures to be
followed during this evening's public hearings.
Associate Planner Debbie Arkell presented the staff report. She stated that the Planning
Board conducted its public hearing on this application at its regular meeting of April 6. She
reviewed the application, which would allow for expansion of the non-conforming office uses with
the existing structures at 201 South Wallace Avenue. She stated the subject site is located in an
R-4 zoning district, in which offices are a permitted conditional use. She stated that warehousing
`s not allowed as either a permitted principal or a conditional use; however, it has been
grandfathered in on this site.
Planner Arkell stated that the applicant proposes to remodel the three buildings which are
a part of the Gallatin Valley Seed Company site in phases, with the first phase occurring in the
original brick building at the northeast corner of the site. She stated that the building currently
04-19-93
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houses offices for an architectural firm as well as an accounting firm, with the remainder of the
building being used for warehouse and storage. She indicated that under this application, 5,000
square feet of new office space will be added in Phase I; and that area will be utilized by the
accounting firm which is currently in the building. She stated that in Phase II, the remainder of
Building A will be renovated as well as the corridor between Building A and Building B. She then
noted that during that phase, at least three of the overhead doors in Building B will be eliminated
to provide an adequate area for parking at the site.
The Planner stated that after that phase has been completed, renovation of the interior of
Building B will begin, with offices planned for the first and third floors of the four-story building.
She stated that a taekwondo shop is being contemplated for a portion of the third floor. She
indicated that the two artists' studios which exist on the second floor will remain, with the rest of
that floor being remodeled to ensure adequate corridors and restrooms; and the basement is to be
cleaned up and used for storage. She stated that at the present time, Springhill Farms uses a
portion of the second and third floors as well as the basement. She noted that these changes will
add approximately 3,900 square feet of new usable area.
Planner Arkell stated that Building C will remain essentially as it is, with exterior
improvements only being contemplated. She stated that the Salvation Army uses a substantial
portion of the structure for its offices and warehouse space, while ServPro and Bozeman Trail
Distributing also have office and storage spaces in the building.
Associate Planner Arkell stated that, in conjunction with this application, existing sidewalks
will be repaired and new sidewalks will be installed where necessary along all three street sides.
She noted that East Curtiss Street will be paved from its intersection with South Wallace Avenue
through the alley, with curb, gutter and sidewalk along the north side of the street; and curb, gutter
and sidewalk installed along the west side of South Wallace Avenue. Paved parking lots are to be
installed on the site, with the appropriate interior landscaping being provided. The applicant will
also pave the alley abutting the property, since a portion of the off-street parking is to be provided
along that side of the site.
The Associate Planner stated that exterior improvements to Building A include the addition
of a new brick stair and handicap ramp on South Wallace Avenue, a new brick stair and entrance
on East Olive Street, continued replacement of the windows, renovation of the Gallatin Valley Seed
Company sign on the East Olive Street frontage, and awnings over the two entrance doors. She
04-19-93
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stated that exterior improvements to Buildings B and C are to include the addition of synthetic
stucco over the existing galvanized siding and replacement of the windows in Building B.
Planner Arkell stated that the subject site was developed in 1917 as the Gallatin Valley Seed
Company. She stated that it has an individual listing on the National Register of Historic Places,
apparently because of its association with the seed pea industry, rather than because of its
architectural features. She noted that the site has historically been used for warehouse type uses.
The Associate Planner stated that, because of its listing on the National Register and its
location within a neighborhood conservation overlay district, the Design Review Board has reviewed
this application and recommended that a Certificate of Appropriateness be issued, subject to four
conditions. She reviewed those conditions, noting that they have been incorporated into the
Planning Board's recommendation for approval as well. She stated that the DRB has further
recommended that a shed-type awning be used over the doors rather than the proposed rounded
awning.
The Associate Planner stated that the Development Review Committee has also reviewed
this application; and its comments have been forwarded in the staff report. She stated that the
City-County Planning Board reviewed the six criteria as set forth in the zoning ordinance for review
of conditional use permit applications.
Planner Arkell informed the Commission that the structures already exist on the site; and
they encroach into all of the required setbacks. She stated that the proposed exterior
improvements, while they further encroach into the setbacks, will benefit the site and the area.
She indicated that under the zoning ordinance, 59 parking spaces are required, and the applicant
proposes to provide 61 off-street parking spaces, as shown on the site plan. She stated that one
of these spaces may be eliminated to provide additional interior landscaping. She cautioned that
the installation of the off-street parking areas and attendant landscaping improvements could cause
inconvenience for those trucks making deliveries across the street at Lake Glass.
The Planner stated that, according to the transportation plan update and the Trip Generation
Manual, an average of 93 more vehicle trips per weekday, or 50-percent increase in traffic would
be realized. She stated that under the existing zoning, the existing structures could be removed
and 23 dwelling units constructed, which would generate an estimated 152 trips per day; and that
would be less trips than what is anticipated through this application. She stated that, because of
the on-site improvements, and installation of paving, drainage, curb, gutter and sidewalks under
04-19-93
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this application, the Development Review Committee and the Planning Board determined that this
application would not have an overall adverse impact on the residential neighborhood with regard
to this issue.
Planner Arkell stated that staff has received letters of opposition to this proposal, citing
perceived problems of increased traffic, depreciation of property values, and concerns about the
snow and stormwater detention/retention. She suggested that phasing out of the warehousing
activities will eliminate many of the concerns which people currently have about the traffic,
particularly the truck traffic. She further noted that much of the traffic about which residents are
concerned is generated by the Lake Glass and Empire Building Materials operations, located along
the east side of South Wallace Avenue. She stated that during discussions at the DRC, DRB and
Planning Board meetings, it was generally determined that the proposed re-use of the subject site,
with an increase in office space, would actually benefit the area overall.
The Associate Planner stated that the 1990 Master Plan Update land use map designates
much of the land in this immediate area as "public open space", with a few exceptions for
commercial and residential. She reminded the Commission of the flexibility of the boundaries set
forth on that map. She further noted that the subject site has historically been used for
commercial/industrial uses; and this proposal would simply provide for the continuation of those
uses.
Associate Planner Arkell stated that several deviations have been recommended by the
Design Review Board, as noted in the staff report. She went on to say that several conditions will
be required for approval of this application, to ensure that the City's zoning ordinance requirements
are met. She explained that the recommended conditions are designed to protect the health, safety
and general welfare of the employees on the subject site as well as residents of the area.
The Associate Planner stated that at its meeting of April 6, following its public hearing on
the application, the City-County Planning Board voted to recommend approval, subject to 32
conditions. She forwarded proposed revisions to Condition Nos. 2 and 12, and proposed a new
„ondition No. 24 be added, as follows: "That, prior to final site plan approval, the applicant shall
document, to the satisfaction of the Engineering Department, the correct location of Building A with
respect to the north property line. If the structure is located on the property line, or so near the
property line that the proposed new entrance steps will encroach in the public right-of-way, then
the proposed north entrance will not be allowed." She noted that this condition addresses the
04-19-93
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concerns which Mrs. Mitchell raises, that the building is actually constructed on the north property
line rather than back from the property line, as shown on the applicant's site plan.
The Planner stated that staff has calculated the number of off-street parking spaces required
after review of the plans, determination of the number of square footages for office and warehouse
uses, and visitations to the site. She noted that in these calculations, the square footages for
corridors, storage areas and restrooms were subtracted out, with only the usable areas being
included.
Associate Planner Arkell stated that the applicant received a building permit in 1992 for
interior remodeling. She stated that, since the application was for a permit for interior remodeling
of existing office space, no additional off-street parking spaces were required. She stated that after
that permit was issued, it was discovered that the property is an individual listing on the National
Register of Historic Places. She further noted that, in actuality, the applicant did more extensive
work than allowed under the permit; and it has been recommended to the Building Inspection
Department that an after-the-fact permit, with doubled fees, be required.
Mr. Lowell Springer, applicant and architect on the project, stated he has reviewed this
project in depth with Planning staff, the Development Review Committee, the Design Review Board
and the City-County Planning Board. He stated that he agrees with all of the conditions as
recommended by staff and the Planning Board, indicating that he feels they will serve to ensure
that the'work done on the site meets the intent of this application. He emphasized his feeling that
approval of this application will result in upgrading the site and, as a result, be an asset to the
neighborhood.
Mr. Springer characterized this as "a building whose time has come". He noted it is in a
good location; and it would benefit the local community as well as the community as a whole to
upgrade and use the existing structures. He stated that the building was constructed in 1917 and
has historic significance, not because of its architecture but because of its use. He noted it has
simple, straight forward lines. He stated his intent to retain the character of the building as much
as possible, and possibly even emphasize those features, while making improvements to the
structure. He noted that, until recently, he was unaware that this building was listed on the
National Register.
Mr. Springer stated that most of the neighborhood is in favor of this project and supports
04-19-93
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it. He noted that those who have approached him in opposition to the project have generally
changed their minds once they have seen the plans and toured the site.
Mayor Swanson expressed concern that the installation of curbs around this site, particularly
along the west side of South Wallace Avenue, will require semi trucks delivering to the business
across the street to change their driving patterns. He expressed concern that this will negatively
Impact the area.
Mr. Springer stated it has always been his desire to be a good neighbor and not inhibit the
abilities of the "guy next door" to operate. He stated, however, that in this instance, he feels that
Lake Glass may need to take a look at its location and the way it does business, and possibly make
some changes. He suggested that it may be possible to change their delivery location to the
southern portion of their site, which could allow for trucks to maneuver on their own property.
Responding to questions from Commissioner Frost, PlannerArkell indicated that the applicant
has proposed 61 off-street parking spaces in various locations on the site. She reviewed the
breakdown and location of those parking spaces, stating that 17 parking spaces will be required
with Phase I; and a total of 27 parking spaces will be required for Building A. She added that the
oarking spaces proposed along Fast Curtiss Street must be eliminated because backing into a public
street from a parking space is not allowed.
Responding to Commissioner Vincent, Mr. Springer indicated his willingness to accept the
new condition proposed by Planner Arkell in her staff report. He noted that it is difficult to pinpoint
the exact location of property fines on some of the older sites; however, he noted that in this
instance, the curb line was already established by the City many years ago. He stated that, using
that as a reference point, the building lies 14 feet 6 inches from the curb; and the property line is
typically 11 feet from the back of the curb. He stated that this condition will ensure that the
appropriate location of the property lines will be established and that the new entrance will not be
constructed if the building is located too close to that line.
Responding to Commissioner Knapp, Planner Arkell stated that under the recommended
;onditions, the applicant would be required to improve East Curtiss Street to a full City street
standard for the width of his property and the alley, including curb, gutter and sidewalk on his side
of the street only. She stated that the residents along the other side of the street will be required
to install their curb, gutter and sidewalk when it is deemed appropriate.
04-19-93
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Responding to Commissioner Frost, Planner Arkell stated that the applicant must provide
retention/detention facilities with each phase of the parking lot. She noted that it may be possible
for him to provide all of those facilities for the total of each parking lot with Phase I, so that they
do not have to be torn out to complete the additional paving.
Mrs. Jennifer Smith Mitchell, 122 South Church Avenue, stated she has lived in that house
for five years and in the neighborhood for seventeen years. She noted that she has provided
substantial written testimony in the Commissioners' packets regarding this application, which she
reviewed in light of her background in restoration of historic structures and her experiences with
the planning process.
Mrs. Mitchell stated that the exterior windows were changed under a building permit dated
January 6, 1992. She noted that an after-the-fact Certificate of Appropriateness has not yet been
issued for the work completed. She then stated that the property line shown on the old Sanborn
fire insurance maps from 1927 and 1943 show that the building is located on the north property
line and about four feet west of the east property line. She explained that those maps do not show
sidewalks, curbs and gutters--just property lines and buildings.
Mrs. Mitchell stated that after she received notice of the project, she went to the Planning
office to review the application. She characterized the application as "blatantly incomplete", and
indicated that the Planning staff was unable to answer many of her questions. She stated that she
then asked the applicant the same questions. She noted that he also forwarded his philosophy that
from his experience, "the public spends too much time discussing little dimensions and not enough
time talking about the whole project". She stated her concern about the incomplete application,
noting that she asked several neighbors to go to the Planning office and review it; and they
concurred that one cannot adequately analyze the type of project proposed from this application.
Mrs. Mitchell stated that from her review of the application, she has determined that the
applicant did remodel an historic structure without the appropriate review or obtaining a Certificate
of Appropriateness. She noted that occurred in late 1991 or early 1992. She then stated that
14,000 square feet of space has been incorporated into offices and occupied without obtaining a
conditional use permit; and adequate parking has not been provided for either the employees or the
clients, causing people to park on neighborhood streets.
Mrs. Mitchell stated that 24 of 60 items required by code are not included on the application;
and 8 items are in direct violation of City codes, to the benefit of the applicant. She stated that
04-19--93
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the property line is misrepresented on three sides of the property, showing that the applicant has
4,729 more square feet than actually exist. She also noted that seven of the off-street parking
spaces proposed actually encroach onto City property. She presented to the Commission a revised
diagram of the site, which she had prepared based on the information she had available, that
graphically depicts the information she has presented.
Mrs. Mitchell challenged the number of off-street parking spaces which must be provided.
She stated that her calculations reflect that 68 to 72 parking spaces should be required for Phase
I alone, with a total of 211 spaces for the entire site. She expressed concern with the impacts
which traffic from this development could create on the neighborhood. She noted that the area
is already impacted by the 18-wheelers which deliver to businesses. She stated that the four dead
end streets in the immediate area create further problems when considering traffic patterns. She
stated that the additional car traffic for this site would result in a strong negative impact on the
residents.
Mrs. Mitchell stated that the streets in this area currently provide a safe route for
recreationalists to access Bogert Park, Lindley Park and the linear trail as well as Peets' Hill and the
Recreation Complex,
Mrs. Jennifer Mitchell then raised the issues of storm drainage, lack of space for storage of
snow and garbage, and lighting for the parking lots. She also expressed concern about the
potential that lack of appropriate review could result in inappropriate renovations occurring, which
could jeopardize the structure's status on the National Register as a landmark.
Mrs. Mitchell added that the impacts of this project on the neighborhood would not be less
than the existing non-conforming use, rather, she suggested that they will be greater. She
reminded the Commission that when considering this application to change from one non-
conforming use to another non-conforming use, they must address the nine items listed in Section
18.50.160.F. of the zoning ordinance,suggesting that the application does not meet those criteria.
Mrs. Jennifer Mitchell went on to say that the residents of the neighborhood recognize that
some type of re-use of the buildings will occur; and they look forward to seeing the area cleaned
up. She noted, however, that they wish to minimize the impacts of the new use as much as
possible.
Mrs. Mitchell encouraged the Commission to require the filing of a new, complete and
accurate application if they wish to consider this proposed use of the site, rather than acting on
04-19-93
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the application that is presently before them. She suggested that the new application be reviewed
by the State Historic Preservation Office to ensure that the proposed renovations to the structure
do not negatively impact its historic value or integrity. She further suggested that the old Gallatin
Valley Seed Company sign on the east side be repainted as well as the sign on the north side of
the building. She asked that the applicant be required to pave all of East Curtiss Street between
South Church Avenue and South Wallace Avenue, not just through the alley. She encouraged the
Commission to not require paving of the alley, noting that paving will only encourage more traffic
to use it. She also encouraged the Commission to consider limiting use of the buildings to the
amount of parking spaces they can provide on site; and that parking should be provided before a
use is allowed to occupy the building. She commented on the possibility of limiting the business
hours to avoid evening and weekend hours and attendant traffic. She reminded the Commission
that the subject site is surrounded by R-3a zoned property on three sides; and the integrity of that
residential neighborhood should be protected. She stated that if the proposed north entrance
encroaches onto City property, it should not be allowed.
Mrs. Mitchell stated that the building identified as Building C was constructed in
approximately 1943, and is not really cohesive with the remainder of the site. She stated that,
while she does not typically support demolition, she feels that in this instance, that building could
be removed to provide adequate parking for the other two structures.
Mrs. Mitchell encouraged the Commission to consider the neighborhood while reviewing this
application, noting that the neighborhood deserves some sensitivity when determining the re-use
of the subject site.
Mr. Ernie Neckermann, 115 South Church Avenue, stated support for the testimony
forwarded by Mrs. Mitchell. He noted his discomfort with speaking against the application and the
Planning staff's report; however, he feels that it would have too many negative impacts not to.
He stated that to consider the possibility of 23 dwelling units on the site is probably inappropriate,
since he does not anticipate that happening; and he feels that a more appropriate use would
probably occur there. He concluded that traffic is not just a problem of those in the immediate
area--it is a City problem.
Mr. Bill Mitchell, 122 South Church Avenue, stated that he has talked to several people in
the neighborhood. He noted that of all the neighbors he talked to, one person was for the project
and three had no comment, while the remainder forwarded negative comments. He then forwarded
04-19-93
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some of those negative comments, which pertain to the commercial uses in that area of the
community and how they negatively impact property values and generate undesirable truck traffic.
He then commented on parking in the neighborhood, and how the additional traffic will negatively
impact the safety of the small children who live in the area and who play at Bogert Park.
Mr. Mitchell submitted to the Commission a petition signed by seventeen recreationalists
who are opposed to this application, citing unsafe and unhealthy conditions for those traversing
the neighborhood to gain access to parks and trails. He explained that this project does not provide
for bike lanes along any of the streets or for bike racks at the site.
Mr. Mitchell stated that at the present time, there is a rock band practicing in one of the
buildings. He stated that, since the buildings are not too well insulated,this creates a definite noise
impact on the surrounding neighborhood. He noted his interest in seeing the building restored
appropriate; however, he feels this application generates too much traffic to be viewed as a positive
step. He stated that any future expansion should not be allowed because it results in
compromising the neighborhood.
Mr. Herman Gonzales, 112 South Church Avenue, stated he does not have a problem with
renovation of the structure; however, he would like to see it done right. He stated support for the
comments forwarded by Mrs. Mitchell, encouraging the Commission to carefully consider them.
Mr. Bill Halpin, 118 South Church Avenue, stated his concern about the traffic situation.
He also noted the high density of children in the area, particularly with Bogert Park and the
swimming pool. He then requested that Mr. Springer address the issue of parking lot lighting.
Mr. Dave Knox, 530 East Curtiss Street, asked if he will be required to install curb, gutter
and sidewalk along his street frontage, since the applicant is being required to pave the street. He
stated that, since there are no curbs, gutters or sidewalks in that area, people currently pull up on
his lawn to park. He then stated that at the present time, truck drivers back into the parking lot
along South Wallace Avenue, next to his house, and often leave their trucks running while they
,-. unload. He added that sometimes, the trucks are parked for two or three days before they are
moved again. He encouraged the Commission to ensure that the questions which have been raised
are adequately addressed before any approval of the project is granted.
Mr. Steven Scarff, 214 South Church Avenue, stated that the letter which Mrs. Mitchell had
submitted contains several good points, and encouraged the Commission to take a careful look at
those issues. He stated that the streets and alleys in the area definitely have drainage problems.
04-19-93
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He also expressed concern about the adequacy of the parking contained in the proposal. He stated
his reservations about adding traffic to the neighborhood, particularly in light of the number of small
children going to and from Bogert Park. He questioned the wisdom of paving only one half of the
East Curtiss Street between South Church Avenue and South Wallace Avenue, suggesting that all
of it should be paved. He also indicated that he does not believe that the alley, which runs
immediately behind his house, should be paved. He stated his interest in seeing the application
completed and corrected before the Commission takes action.
Mr. Ryan Hamilton, 520 East Curtiss Street, stated his concern about having to install curb,
gutter and sidewalk along the south side of East Curtiss Street, stating that he feels that would
create an undue burden on the few residents who live along that side of the street. He then stated
that, if this application is approved, he would like to see the landscaping installed as one of the first
improvements. He noted that, typically, the site improvements are installed at the very end of the
project; and he feels that the proposed landscaping would help to screen the site and its activities
from adjacent residents.
Responding to Commissioner Vincent, Mrs. Jennifer Mitchell stated that she had calculated
the number of parking spaces required twice, to ensure their accuracy. She noted that she has not
subtracted out the areas which can be eliminated under the code; however, she suggested that
would not significantly decrease the figures.
Mr. Lowell Springer stated the major issue seems to be off-street parking. He stated that
both he and the Planning staff have carefully reviewed the square footages of the structure to be
used for offices and warehouse purposes and the formulas that can be used for establishing the
number of off-street parking spaces required. He stated that the exact calculations, based on the
options available in the code, indicate that 55.1 parking spaces are required. He stated that if the
total square footage of all of the buildings was to be developed in office space, Mrs. Mitchell's
figures are accurate.
Mr. Springer next addressed the issue of the property line. He noted that it is equally
difficult for him and Mrs. Mitchell to stand before the Commission and state, beyond the shadow
of a doubt, where the property line is located. He stated, however, he feels that with the
conditions recommended by the Planning staff, the issue can adequately be resolved at a later date.
Mr. Springer stated it is obvious the neighborhood's main concerns revolve around traffic.
He forwarded his position that the traffic which will be generated through renovation and re-use
04-19-93
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of this site will be appropriate for the neighborhood, and will have less impact than the large trucks
generated by the uses across the street. He also noted that the on-site parking should eliminate
the on-street parking problems which presently occur.
Mr. Springer stated that he has tried to be sensitive to the architecture and historic character
of the brick structure on this site; and he has also tried to be sensitive to the neighborhood
concerns. He indicated a commitment to doing the landscaping, and doing it well.
Responding to Mayor Swanson, Mr. Springer stated he feels that there is adequate lighting
for the parking lots at the present time. He stated if it is determined that additional lighting is
needed for the parking areas, lighting will be installed on the buildings.
Commissioner Frost asked why the off-street parking issue has not been addressed to date.
He noted that he has driven around the subject site several times, and counted 22 to 30 cars
parked on the street.
Mr. Springer responded that there are only ten employees housed in the building at the
present time, indicating that some of those vehicles may have belonged to clients or visitors. He
stated that he must complete the conditional use process before he can begin to install off-street
parking areas, to ensure that the total project and the total site have received a thorough and
appropriate review.
Responding to City Manager Wysocki, Mr. Springer stated that he intends to retain
Building C in its current configuration and use. He noted that it is essential to retain the structure
at the present time to provide much-needed warehouse space. He stated that he firmly believes
that 55 parking spaces would be adequate for the entire site, particularly since one office space
is to utilize 10,000 square feet but have only eight employees.
City Manager Wysocki entered into the record a letter from Mary Vant Hull, 416 East Story
Street, dated April 19, encouraging denial of the application or requiring adequate responses to the
issues raised; and a letter from Jennifer Smith Mitchell, 122 South Church Avenue, dated April 14,
identifying several questions that should be addressed and encouraging denial of the application,
along with support information from residents in the neighborhood.
Responding to Mayor Swanson, Planner Arkell stated that residents on the south side of East
Curtiss Street would not be required to install curb, gutter and sidewalk immediately under the
conditions for approval of this application. She indicated that would come at a later date, either
as the result of a request by the property owners or possibly through an order of the Commission.
04-19-93
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Commissioner Frost stated his continued concern about the parking. He stated that the
applicant has indicated that there are only ten employees in the building right now; however, he
noted that only 27 parking spaces are being required with Phase I. He stated that with the number
of vehicles he has seen parked on the street, he does not believe this will be adequate. He further
noted his continued concerns about landscaping, lighting, detention/retention, drainage and traffic.
He emphasized the need for clear answers on those issues before entering the decision-making
process.
Commissioner Stiff stated an interest in reconciling those concerns raised by the
neighborhood. He noted his need to talk to staff about a number of those issues raised during this
public hearing.
Commissioner Vincent stated his desire to keep the public hearing open, particularly with the
number of issues that have been raised. He also questioned whether the figures suggesting a 50-
percent increase in traffic in the neighborhood is accurate.
Planner Arkell responded that those figures are correct, based on what is currently on the
site versus what is proposed for the site.
Commissioner Vincent suggested that the type of traffic generated could be mare compatible
with the neighborhood than the present traffic, which could somewhat minimize the impacts of the
increased volume.
Responding to additional questions from Commissioner Vincent, Planner Arkell stated that
the master plan designates this area as open space. She reminded the Commission, however, that
the plan is flexible in nature, particularly along the borders of the land use designations. She further
noted that the subject area has historically been zoned for high-density residential development;
and offices are a conditional use within that type of zoning.
Commissioner Knapp stated that she, too, had been concerned about compliance with the
master plan. She added that only one person spoke before the Planning Board during its public
hearing on this item; however, tonight, several people spoke. She stated that this creates a
.different situation, which she feels should be carefully analyzed before entering the decision-making
process.
Responding to Mayor Swanson, Planner Arkell stated that the applicant must accommodate
the detention/retention of stormwater on site. She explained that if that cannot be accomplished
04-19-93
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with the amount of on-site parking proposed, the amount of parking must be reduced accordingly;
and that could also reduce the amount of usable space within the structures.
Further responding to the Mayor, Planner Arkell stated that the applicant cannot begin any
interior work or landscaping until the stormwater plan design and parking lot design have been
approved by the City Engineer.
Mayor Swanson stated that concern has been raised about the noises generated in this area,
particularly from compressors. He asked if it would be possible to mitigate these noises in some
manner.
Planner Arkell responded that she is not aware of any compressors on the site. She noted,
however, that sometimes big trucks park near the site that have compressors on them.
Mayor Swanson added that several people have raised questions about the issue of lighting
on the site. He noted questions and concerns have been raised about the paving of a half block
of East Curtiss Street and the alley between South Wallace Avenue and South Church Avenue, and
requested additional information on that issue. He stated that the issue of backing into the alley
has also been raised with the information received.
Planner Arkell stated that the City has a policy that if access to off-street parking areas for
commercial developments is to be provided from an alley, then the alley must be paved. She
indicated that backing into an alley can be accommodated through a deviation. She stated that
such a deviation was one of several which has been requested, and included in the written staff
report.
Responding to Commissioner Frost, Associate Planner Debbie Arkell stated that no off-street
parking was required in conjunction with the building permit for remodeling of the offices because
the permit was strictly for the interior remodeling of existing office space. She stated that she did
not visit the site, but that the permit was issued based on the information provided by the
applicant.
Commissioner Vincent reiterated his desire to maintain the maximum flexibility for continued
input and discussion.
Commissioner Frost noted the issue of the actual location of property lines on three sides,
asking that it be carefully researched.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public
hearing not be closed. The motion carried by the following Aye and No vote: those voting Aye
04-19-93
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being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and
Mayor Swanson; those voting No, none.
Mayor Swanson continued the public hearing to 5:00 p.m. on Monday, April 26.
Break - 8:40 to 8:48 p.m.
Mayor Swanson declared a break from 8:40 p.m. to 8:48 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Public hearing_-_Conditional Use Permit - Thompson Properties - allow modification of existing
building in M-2.zone for retail use - Lot 1, Gordon Mandeville State School Section Subdivision
(2107 North 7th Avenue) (Z-9326)
This was the time and place set for the public hearing on a Conditional Use permit to allow
the modification of an existing building in an M-2, Commercial--Light Manufacturing, zone for retail
use on Lot 1, Gordon Mandeville State School Section Subdivision, located in the Southeast one-
quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, as requested
by Thompson Properties, under Application No. Z-9326. The subject site is more commonly known
° . ,,,as 2107 North 7th Avenue.
Mayor Swanson opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He distributed to the Commission
copies of a memo dated April 19, regarding the requested deviation for this project, along with a
copy of the draft waiver of right to protest the creation of a special improvement district for paving
of Mandeville Lane.
The Senior Planner stated that the application is for re-use of the existing structure at 2107
North 7th Avenue, which is more commonly known as the old KBMN radio station. He stated that
the applicant proposes to house two commercial uses in the structure, one of those being Express
Photo, Inc. He stated that the existing 2,600-square-foot building will have minor modifications
to accommodate the two separate commercial uses; and a few minor alterations will be made to
the exterior, including the addition of two vestibule additions and enclosure of a semi-enclosed
space on the west side of the building. He stated that the applicant proposes to refinish the
exterior of the structure with a stucco finish and a metal roof. He indicated that one double-sided
freestanding sign is to be installed at the southeast corner of the property, which will require the
relocation of the existing Fish Technology Center sign.
04-19-93
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The Senior Planner stated that Express Photo, Inc., is a current tenant in the building, under
a temporary use permit granted by the Planning Director while this conditional use permit
application was in process. He stated that they are limited to film processing only under the
temporary permit, and are not allowed to open their retail operation until the conditional use permit
process has been completed. He stated that the applicant has indicated that all chemical waste
by-products from the film processing operation are being transported to another location for safe
handling and disposal.
The Planner stated that this 4.02-acre parcel is the subject of an application for annexation,
which will be processed in the near future. He further noted that under a conceptual long-range
plan, this parcel is to be divided into four commercial lots. He stated that the appropriate review
processes must be completed before subdivision and development may occur.
The Planner stated that the subject parcel lies within the North 7th Avenue entryway and
is, therefore, subject to the design objective plans for the entryway overlay district. He stated that
under those guidelines, less intense uses are to be located closer to the roadway, providing a buffer
for the more intense uses. He stated that the subject property is zoned M-2; and retail uses are
allowed as a conditional use in this zone.
Senior Planner Skelton stated that the applicant has requested a deviation to Section
18.50.035, to allow exterior light standards to be 20 feet tall. He noted that under this section
of the code, the exterior light standards may be 20 feet tall or the height of the building, whichever
is lower; and the subject building is 17 feet tall. He stated that the Design Review Board
considered this request and, on a phone vote, voted to recommend approval.
The Planner stated that the Design Review Board reviewed this application, and recognized
the applicant's commitment to enhance the exterior of the building. He noted that the Board
encouraged the applicant to place emphasis on the main entrance and consider character-giving
features. He noted that the applicant has proposed landscaping that includes seasonal color. He
.,_--,stated that boulevard trees will be required along North 7th Avenue and Mandeville Lane, to meet
code requirements.
Planner Skelton stated that the applicant has proposed a 9-foot by 5-foot-four-inch, 8-foot-
tall freestanding sign at the southeast corner of the property. He noted that the sign will contain
48 square feet, as opposed to the 260 square feet of signage that could be allowed on the site.
04-19-93
- 29 -
He stated that the DRB has recommended that the sign be installed as a monument sign on a
permanent base in lieu of poles; and the applicant has agreed.
The Planner stated that, following its review of this application, the Design Review Board
recommended approval, subject to five conditions.
Planner Skelton stated that staff has reviewed this application in light of the six criteria set
forth in Section 18.53.030 of the zoning ordinance; and staff findings have been included in the
staff report. He reviewed the key issues identified by staff as issues which need to be addressed.
He stated that Mandeville Lane, from which access would be gained to the subject site, is presently
an unimproved gravel County road. He noted that additional commercial development, both on the
subject site and within the Wheat Subdivision, will have a definite impact on this roadway. He
stated that, due to their concerns about the unimproved nature of this road, the Development
Review Committee has recommended that three conditions be attached to approval of this
application which would include requiring the applicant to submit an engineered design of a full City
standard street for Mandeville Lane, pave that portion of Mandeville Lane from North 7th Avenue
to the west property line to a 24-foot width and install a sidewalk along the frontage of this subject
oortion of the tract, which is approximately 140 feet long, and sign a waiver of right to protest the
future creation of a special improvement district for improvements to Mandeville Lane to full City
standards. The Senior Planner noted that the Ramada Inn is also being required to meet these same
conditions, as part of the conditions for approval of their proposed development within Wheat
Subdivision. He then indicated that improvements will need to be installed through an SID/RID,
since the centerline of the road serves as the line between city limits and the county from North
7th Avenue to Wheat Drive. He stated the City Engineer has also requested that the applicant be
required to sign a waiver of right to protest the creation of an SID for Flora Lane, which runs along
the western boundary of the subject property. He stated that the City Engineer is also requesting
that the existing access to the subject site be closed and that a new one be established further
west, away from the intersection of Mandeville Lane and North 7th Avenue.
Senior Planner Dave Skelton stated that, following its public hearing on this application at
its meeting of April 6, the City-County Planning Board voted to recommend approval of this
application, subject to thirty conditions, which he briefly highlighted.
Mr. William Thompson, applicant, stated a willingness to accept the conditions for approval
which have been forwarded by the City-County Planning Board. He noted, however, that he does
04-19-93
- 30 -
have some concerns about the requirement to improve Mandeville Lane to a 24-foot-wide standard
plus provide an engineered design for all of Mandeville Lane to Wheat Drive to a full City street
standard. He stated that, while he recognizes the need for these improvements, he would like
consideration for those costs incurred at the time an SID/RID is created for upgrading of the
roadway. He also expressed concern that he will be required to provide a financial guarantee in the
amount of one and one-half times the cost of the improvements and that the work must be
completed within nine months. He stated that the on-site improvements can be completed within
the nine-month timeframe without problem; however, he asked that the time for paving of
Mandeville Lane be extended, to a year or possibly fifteen months. He stated a willingness to
provide a separate financial guarantee for that extended period of time.
Mr. Thompson then asked the Commission to approve the deviation which he has requested
to allow the installation of 20-foot-tall light standards instead of the 17-foot standards that would
be allowed because of the height of the structure.
Commissioner Knapp expressed concern about the inconsistency between Condition Nos.
8 and 18, under which the applicant would be required to install sidewalks along Flora Lane but not
along Mandeville Lane.
Senior Planner Skelton responded that the staff had recommended that sidewalks be included
in the list of improvements along Mandeville Lane; however, the Planning Board chose to eliminate
them in its final action. He then noted staff's intent to include the rights-of-way for both
Mandeville Lane and Flora Lane in the annexation of this subject site.
Responding to questions from Commissioner Stiff, Planner Skelton stated that the Director
of Public Service has requested the engineered design for Mandeville Lane from North 7th Avenue
to Wheat Drive to ensure that as improvements occur on individual portions of Mandeville Lane,
they will be appropriately constructed so they can be retained and new portions connected easily.
He stated that conversations with County Roars Superintendent Sam Gianfrancisco reveal that the
County installed sufficient base two or three years ago for improvements to the roadway. He noted
that this should make the process easier and less costly at this time.
City Manager Wysocki suggested that the Commission may wish to revise the language of
the condition to provide for the possibility of reimbursement for a portion of the costs for the
engineered design of Mandeville Lane.
04-19-93
- 31 -
Mr. William Thompson agreed with that proposal, since it recognizes the improvements
which they contribute to Mandeville Lane as a part of this project.
Commissioner Frost stated concern that Condition No. 10 does not make reference to glare
from the lights. He then suggested that additional language be added to prohibit glare from the
light fixtures and to ensure that the luminaires do not protrude below the shields. Mr. William
Thompson stated that care will be taken to ensure that the lights are directed downward and
focused on the parking area.
Planner Skelton responded that the language from this type of condition for other projects
can be incorporated into this condition.
Commissioner Frost then addressed Condition No. 16, suggesting that the language
pertaining to landscaping with seasonal color be incorporated.
Commissioner Frost suggested that Condition No. 27 be revised to specify that the
Improvements Agreement will be executed priorto issuance of a building permit, since the structure
is already occupied.
Planner Skelton stated he feels that the current wording, which requires the signing of the
µ ' Improvements Agreement prior to approval of the final site plan, is appropriate because the building
permit will not be issued until after the final site plan has been approved.
Commissioner Frost then suggested that Condition No. 27 be split to address on-site
improvements separate from improvements to Mandeville Lane, with an extended time being
provided for the installation of improvements to Mandeville Lane.
Commissioner Frost next addressed Condition No. 23, suggesting that it be revised to
stipulate that the applicant will install a 4-foot to 6-foot high monument sign.
Mr. Jerry Taylor, architect, stated that is what was intended in the design of the sign,
although they had proposed the use of landscaping as opposed to a solid base.
Responding to Commissioner Knapp, Commissioner Frost indicated that Condition No. 24
will not require any modification, since a monument sign is a type of freestanding sign.
Responding to Mayor Swanson, Planner Skelton suggested that Condition No. 27, after it
is split into two separate conditions, allow for the installation of improvements to Mandeville Lane
within eighteen months, with the financial guarantee to be in the form of a certificate of deposit,
or equivalent.
04-19-93
- 32 -
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the customary
one-week waiting period for land use decisions be waived. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner
Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Commissioner Knapp expressed concern with the requested deviation, and the potential that
approval could lead toward an undesirable pattern of allowing light standards which are taller than
buildings.
Senior Planner Skelton stated that the Design Review Board considered this proposal in terms
of scale. He noted that with the mature vegetation which exists on the site and the landscaping
that is anticipated in the street rights-of-way, the proposed 20-foot-tall light standards do not
'appear to be inappropriate.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission approve the requested deviation from Section 18.50.035, to allow the installation of
20-foot-tall light standards rather than the 17-foot-tall light standards that would be allowed due
to the height of the existing structure. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp,
Commissioner Frost and Mayor Swanson; those voting No, none.
City Manager Wysocki recommended that the Commissioners include in their motion for
approval a stipulation that the language of the waiver of right to protest the creation of an SID/RID
for improvements to Mandeville Lane be reviewed and approved by the City Attorney prior to
., execution of the document.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission approve the Conditional Use Permit to allow the modification of an existing building
in M-1 zone for retail use to Lot 1, Gordon Mandeville State School Section Subdivision, as
requested by Thompson Properties, under Application No. Z-9326, subject to the following
conditions, as recommended by the City-County Planning Board:
04-19-93
- 33 -
1 . That the applicant submit a stormwater drainage/treatment plan and
maintenance plan, as outlined by the City Engineer's memo, to be submitted
for review and approval by the City Engineer prior to final site plan approval;
2. That the applicant properly depict existing water and sewer mains and
proposed main extensions on the site plan prior to final site plan approval, and
that the appropriate plans and specifications, as outlined by the City Engineer's
memo, be submitted for review and approval by the City Engineer and Montana
Department of Health and Environmental Sciences prior to proceeding with
extension of the sewer and water mains;
3. That sanitary sewer and water services shall be identified on the site plan
indicating location and size for review and approval by the Superintendent of
Water/Sewer prior to final site plan approval, and that a City of Bozeman
application for services be completed by the applicant prior to installation of
services;
4. That the applicant obtain approval from the Bozeman City Commission to
annex said property and provide documentation of an endorsed and notarized
Annexation Agreement by the appropriate parties prior to connection to City
sanitary sewer and water;
5. That should the property in question be connected to City sanitary sewer, the
sewer service line will be constructed with a sampling access outside the
building, and installed in accordance with materials and specifications approved
by the City Engineer and Superintendent of Water/Sewer;
6. That the occupant provide documentation of a sanitary sewer pretreatment
survey that has been submitted to the City Engineer's office prior to connection
with City sanitary sewer;
7. That the applicant submit documentation of obtaining an approach permit from
the Gallatin County Road Superintendent for the proposed access onto
Mandeville Lane prior to final site plan approval;
8. That the applicant provide documentation of an executed waiver of right to
protest creation of an S.I.D./R.I.D. for improvements to Flora Lane to a full City
street, including pavement, curb, gutter, sidewalk and drainage that has been
filed and recorded at the Gallatin County Clerk and Recorder's Office, prior to
final site plan approval;
9. That all structures and landscape in excess of 30 inches above the street
centerline grade shall not be permitted within the street vision triangle at the
intersection of North Seventh Avenue and Mandeville Lane for arterial streets,
per Section 18.50.080 of the zoning ordinance, and that the street vision
triangle be noted accordingly on the site plan prior to final site plan approval;
10. That all off-street parking lot and driveway light fixtures comply with Section
18.50.035, requiring exterior lighting to be arranged so as to deflect light down
and/or away from any adjoining streets and shall not detract from driver
visibility, and designed so that the luminaire does not protrude below the shield
or cause off-site glare, nor exceed twenty (20) feet, and that a typical detail
of the light fixture/standard be provided on the site plan prior to final site plan
approval;
11 . That the off-street parking lot and two-way driveway provide perimeter
concrete curbing, per Section 18.50.120.B.11 ., around the entire parking lot
and two-way driving access from Mandeville Lane to the north end of the
parking lot, and that it be noted accordingly on the site plan, to include a
typical paving/curb detail, prior to final site plan approval;
04-19-93
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12. That boulevard trees be provided along North Seventh Avenue (five trees) and
Mandeville Lane (three trees), per Section 18.50.100.D.5.3., and that they be
identified on the site plan prior to final site plan approval;
13. That the site plan note that all off-street parking stalls will be marked with
painted lines not less than four (4) inches wide prior to final site plan approval;
14. That the site plan note all proposed two-way driveways to be a minimum of
twenty-four (24) feet wide and one-way driveways a minimum of sixteen (16)
feet wide prior to final site plan approval;
15. That a "One Way" "Do Not Enter" sign be installed at the south corner of the
one-way driveway, and that the location be noted on the site plan, including
a typical detail/elevation, prior to final site plan approval;
16. That the landscape berm along North Seventh Avenue include an acceptable
groundcover approved by a local nurseryman that will disperse evenly over the
washed gravel berm, with seasonal color, and that it be noted accordingly on
the landscape plan prior to final site plan approval;
17. That the applicant provide documentation of an executed waiver of right to
protest creation of an S.I.D. for improvements to a full City standard street,
including paving, curb, gutter, drainage and sidewalk, for Mandeville Lane, and
that it be recorded and filed at the Gallatin County Clerk and Recorder's Office
prior to final site plan approval;
18. That the applicant pave Mandeville Lane from the intersection with North
Seventh Avenue to the western extreme of said property, being four hundred
forty (440) feet, to a twenty-four (24) foot wide street with the appropriate
drainage appurtenances;
19. That the applicant submit to the City Engineer the engineered design for a
thirty-seven (37) foot wide full City standard street with paving, curb, gutter,
drainage and sidewalk, from North Seventh Avenue to the west end of Wheat
Commercial Subdivision, for review and approval by the City Engineer prior to
final site plan approval, with the anticipation that the applicant will receive
proportionate credit for said plan;
20. That the applicant provide one landscape legend on the site plan for all
landscape that is proposed on the subject property, identifying quantity of each
species, name, installation size and mature size, prior to final site plan approval;
21 . That the existing driveway access to Mandeville Lane be physically terminated
and removed from the subject property, and that the new driveway access be
installed within nine (9) months of conditional approval by the Bozeman City
Commission;
22. That the applicant submit to the Planning Office for review and approval a
revised elevation of the east main entrance, which emphasizes an articulated
entrance using materials, color and architectural detail, prior to final site plan
approval;
23. That the applicant install a four-foot to six-foot-high "monument' sign with a
permanent base to exhibit a sense of permanence and compatibility with the
natural and built environment;
24. That the applicant obtain a separate building permit for installation of a
freestanding sign prior to proceeding with installation and final site plan
approval;
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25. That eight (8) copies of the final site plan and landscape plan, containing all
conditions, corrections and modifications approved by the City Commission,
shall be submitted for review and approval by the Planning Director within six
months of the date of City Commission approval, that a written response
which addresses how each condition of approval has been met shall be
submitted with the final site plan, and that signed copies shall be retained by
the City Planning, Building, Street/Sanitation, Water/Sewer, Engineering, Fire
and Code Compliance Departments, and one signed copy shall be retained by
the applicant;
26. That the applicant shall enter into an Improvements Agreement with the City
to guarantee the installation of required on-site and off-site improvements prior
to issuance of a building permit. Detailed cost estimates, construction plans,
and methods of security shall be made a part of the Agreement;
27. That, because occupancy of the structure has occurred prior to the installation
of all improvements, the Improvements Agreement must be secured by a
method of security equal to one and one-half (1 %) times the amount of the
estimated cost of the scheduled improvements not yet installed. Said method
of security shall be valid for a period of not less than twelve (12) months;
however, all on-site improvements shall be completed by the applicant within
nine (9) months of final site plan approval to avoid default on the method of
security;
28. That, because occupancy of the structure has occurred prior to the installation
of all improvements, the Improvements Agreement for improvements to
Mandeville Lane from North 7th Avenue to the west extreme of the property
must be secured by a certificate of deposit in the name of the City of Bozeman
and the applicant, or a security of equal protection approved by the City
Attorney, equal to one and one-half (1 %) times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security
shall be valid for a period of not less than eighteen (18) months, and
automatically renewable; and all off-site improvements shall be completed by
the applicant within eighteen (18) months of final site plan approval to avoid
default on the method of security;
29. That a building permit must be obtained within one year of final site plan
approval. Building permits will not be issued until the final site plan is
approved. The application for a building permit shall include all signs, or a
separate building permit will be required before signs are installed;
30. That within sixty (60) days of final completion of all site work, the applicant's
licensed architect or engineer overseeing the project shall certify to the City-
County Planning Office that all improvements have been completed in
accordance with the approved final site plan; and
31 . That the applicant comply with the general conditions outlined in Section
18.53.040. of the zoning ordinance for every conditional use permit granted.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vincent, Commissioner Knapp,Commissioner Frost, Commissioner Stiff and Mayor Swanson;those
voting No, none.
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Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated April 14,
--. forwarding his second sorting process on the TSM projects contained in the transportation plan
update.
(2) Letter from Mary Lee Hensrud, 710 East Aspen Street, dated April 15, complaining
about the appearance of the lot occupied by Bell Plumbing.
(3) Letter from Gallatin Development Corporation, dated April 6, regarding transportation
projects and the use of proceeds from the sale of lots in the Valley Unit Subdivision.
(4) Letter from Jim Bennett, 217 South 10th Avenue, received April 15, expressing
concern with the Commission allowing the horse-drawn carriage to use public streets.
(5) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on March 30,
1993, and the BABAB Working Group meeting on April 6.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
`—",Tuesday, April 20, at the Carnegie Building.
(7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
April 20, at the Carnegie Building.
(8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April
20, at the County Courthouse, along with daily minutes for the week of April 5, 1993.
(9) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, April 20, in the Commission Room at City Hall.
(10) The City Manager submitted his weekly report, as follows. (1) Announced that
S13427, pertaining to interpretation of the mill levies under 1-105, has passed both houses and is
awaiting the Governor's signature. (2) Announced that the accommodations tax bill, which
, provides some monies for local governments, seems to be moving through the process once again,
after being stalled for several days. (3) Noted that the batch plant will be started up in the next
couple of weeks, after which paving of Kagy Boulevard can begin. (4) Stated that he is beginning
to review the budget requests submitted by department and division heads, as the first step in
preparing a proposed budget for next fiscal year. (5) Announced that the Recreation and Parks
Advisory Board will conduct a special meeting on Wednesday evening in an effort to develop an
04-19-93
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agreement between the Softball Association and American Legion baseball for the use of fields on
the Recreation Complex. He stated that this item will be placed on the May 3 Commission agenda
for final action.
(1 1) Commissioner Vincent submitted the following. (1) Stated he is researching City
ordinances in an effort to determine whether the City can adequately address the issue of dogs
leaving messes on sidewalks, particularly along Main Street. (2) Stated he is reviewing information
on the transportation plan update in preparation for action at next week's meeting. (3) Announced
that he will read a story to children on Thursday evening in recognition of National Library Week.
(4) Noted that he has collected several newspaper clippings regarding taxation this past week. He
noted that Montana is the 24th lowest in the nation in property taxes; 28th in the nation for
income taxes, which is below the national average; and 46th overall in the nation for the overall
tax bill. He stated that another article acknowledged that city and county governments are holding
the line on spending very well.
(12) Commissioner Frost submitted the following. (1) Attended a meeting of the ad hoc
sign committee on Wednesday. (2) Stated that during discussions about the Recreation Complex
before the Recreation and Park Advisory Board last week, he sagely reminded everyone that the
Complex is a City park. He noted that a contract must be completed by May 1 for use of the
Complex, or it will be locked. He cautioned that Park Superintendent McNeil has indicated that the
locks have been cut off in the past by those wishing to use the facilities.
(13) Commissioner Stiff stated that he attended the ad hoc sign committee meeting on
Wednesday.
(14) Clerk of the Commission Sullivan reviewed the rough agenda for next week's meeting,
noting it is rather full at this time.
(15) Mayor Swanson submitted the following. (1) Distributed copies of the latest High
Country News/Independent Press. (2) Stated he will have the Clerk reproduce the article "Slow
Death Beyond the 98th Meridian, as found in the May 1993 edition of the Outside magazine. He
briefly highlighted the contents of the article and the map showing growth trends, noting that most
of Montana is losing population.
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Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Proclamation - "National Library Week" - April 18 - 24 1993
Deviation to Section 18.18.050 to allow double-car garage to encroach 5 feet
into the required 8-foot side yard setback- Doug and Liza McClelland 705
South 6th Avenueper DRB recommendation
i
Appointment of Mayor Swanson and Commissioner Frost to sub-committee to
review Pled ed Securities as of March 31 1993
Acknowledge receipt of revised petition for creation of SID to improve an
approximate 1100-foot section of West Babcock Street; refer to staff
It was moved by Commissioner Knapp, 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 Knapp, Commissioner Frost, Commissioner Stiff, Commissioner
Vincent and Mayor Swanson; those voting No, none.
Ad'ournment - 9:58 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
1MOT SWAN Wayor
ATTEST:
o
O
``ROBIN L. SULLIVAN
Clerk of the Commission
04-19-93