HomeMy WebLinkAbout1992-04-20MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 20, 1992
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, April 20, 1992, 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 mo111ent of silence.
Minutes -April 13, 1992
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes
of the regular meeting of April 13, 1992, 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.
Request for permission to address Commission re grant application for Fourth Avenue Linear History
Park
City Manager Wysocki reminded the Commission that, included in the packets, was a
letter from Chris Boyd, Chairman of the Historic Preservation Advisory Board, dated April 3, along
with a draft of a grant application.
Ms. Catherine Goetz, Historic Preservation Officer, briefly reviewed the grant proposal,
which seeks an $8,800 grant from the Graham Foundation for Advanced Studies in Fine Art for the
purpose of developing a design plan for the Fourth Avenue Linear History Park. She noted this
grant application obligates the City to nothing, but provides funding for MSU architecture students
as well as architectural and planning professionals to develop a plan for the proposed linear history
park. She further noted that this grant application does not contain any funds for implementation
of the plan which is developed.
Ms. Goetz stated the proposed site is seven blocks in length forming a natural boundary
between the east edge of Cooper Park Historic District and the west edge of the Bon-Ton Historic
District. She noted that South Fourth Avenue is not paved, and the proposed plan is to develop
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it into a historic linear walking park potentially including trees, paths, seating and fountain and
provide a safe pedestrian corridor, with limited auto access.
Mayor Swanson asked if the Board has received any feedback from the neighborhood
about this proposed project.
Mr. Ron Hess, a member of the HPAB and resident of South 3rd Avenue, indicated he has
had informal discussions with residents along both South 3rd Avenue and South 5th Avenue and
has received no negative feedback to date. He indicated that a questionnaire will be distributed to
all residents along South 3rd Avenue and South 5th Avenue in an attempt to gain feedback in a
more formal manner before the project is undertaken.
Mr. Hess then reviewed the concept of the proposed Fourth Avenue Linear History Park,
which would involve the seven-block section of South Fourth Avenue right-of-way between West
Olive Street and West Harrison Street. He stated that the concept of the linear park does not
eliminate traffic, although it does discourage through traffic of non-essential vehicles. He noted
that those who reside in the area; service vehicles, such as garbage trucks; and all emergency
vehicles would still be able to utilize or cross South Fourth Avenue in this seven-block area. He
stated that this change should help to decrease the amount of traffic, which now moves quite
rapidly and creates dust, thus improving the safety of the residents.
Responding to Mayor Swanson, Ms. Goetz stated that once the conceptualized plan is
completed, she would like to display it, possibly making public presentations to various bodies. She
suggested that through these presentations, various entities may wish to become involved in
funding the actual improvements so that the proposed linear history park could become a reality.
Responding to Commissioner Stiff, Mr. Hess assured the Commission that this proposal
would not have any impact on the alleys and streets which cross South Fourth Avenue.
Commissioner Stiff stated that he lives on South Third Avenue. He indicated that a
conversation with the City Attorney has suggested that he does not have any conflict of interest
at this time; however, he noted that at some point in the future, he may. He then noted his
support for proceeding with this project.
Both Mayor Swanson and Commissioner Frost expressed their very positive attitudes for
this project.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission support the Bozeman Historic Preservation Advisory Board in their application to the
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Graham Foundation for Advanced Studies in the Fine Arts for grant assistance in the development
of a design to include a feasibility study, site development, and structural and landscape design and
planning for the Fourth Avenue Linear History Park. 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 then instructed the Clerk of Commission to prepare a letter of support
for the grant application, addressed to the Bozeman Historic Preservation Advisory Board, for
Commission action.
Continued discussion -Valley Unit Subcommittee's recommendation to pay delinquent property
taxes to acquire tax deeds for Valley Unit properties
City Manager Wysocki stated that this is a continued discussion regarding the Valley Unit
Subcommittee's recommendation for the City to pay delinquent property taxes to acquire tax deeds
for the Valley Unit properties.
Attorney Robert Planalp, representing the Valley Unit Subcommittee, presented the
subcommittee's report. He reminded the Commission that over approximately four years, the City
has undertaken the liquidation of properties in Valley Unit Subdivision against which the unpaid
special improvement district assessments constitute liens. He then forwarded the Subcommittee's
recommendation, which is to proceed with a public auction sale on the eight lots which are zoned
Business Park and border the north edge of Huffine Lane/U.S. Highway 191. He noted that under
this process, which is the same as in the past, the City is to pay the delinquent property taxes,
then follow the public auction sale process. He stated that during this process, Mr. Mike Delaney,
current owner of the property, is to provide quit claim deeds for the subject lots; and a local title
company is to provide the title insurance.
Commissioner Frost noted that when this item was last discussed, Mr. Joe Sabol indicated
that the Subcommittee's recommendation was against the agreement which the City and M r.
Delaney had signed.
Attorney Plana Ip responded that this recommendation, as presented, does not conflict with
any agreement, noting that the process to be followed is the same as has been utilized in all of the
previous auction sales.
Mr. Joe Sabol, attorney representing Mr. Delaney, stated support for the Subcommittee's
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recommendation, as presented by Mr. Planalp. He further indicated the City will incur no problems
in receiving the deeds for these eight lots in a timely manner. He then noted that in the
recommendation forwarded to the Commission on March 30, it did not seem to include the public
auction sale, but seemed to only address the City's acquisition of tax deeds from the County. He
stated that the recommendation before the Commission now is "business as usual."
City Manager Wysocki noted that some of the "BP" zoned lots have been transferred to
another ownership, specifically the four narrow lots adjacent to U.S. 191, and asked Mr. Delaney
if it will be difficult to produce the titles for those lots; Mr. Delaney responded that they will be
provided.
The City Manager then noted it is his recollection that the City recently approached Mr.
Delaney and asked him for quit claim deeds to specified lots; and he refused to provide them.
Mr. Joe Sabol responded that Mr. Delaney received a telephone call requesting quit claim
deeds for the balance of the Valley Unit lots upon which delinquencies exist, or the City would
proceed with the tax deed process; however, a public auction sale was not mentioned. He stated
Mr. Delaney did not feel that request was in compliance with the agreement; therefore, he did not
produce the quit claim deeds. He then stated concern that providing quit claim deeds for all
remaining lots at this time would preclude Mr. Delaney from attempting to develop or dispose of
those properties on his own.
Commissioner Frost noted that if the City decided to auction all of the remaining properties
with delinquent taxes, Mr. Delaney would not be able to argue with that decision.
Responding to Commissioner Knapp, Mr. Sabol indicated that if Mr. Delaney failed to
provide the quit claim deeds for lots sold at public auction, the City Attorney could take him to
court and force him to provide those deeds, in compliance with the agreement he has entered into
with the City.
Mr. Mike Delaney noted the City has auctioned over 100 lots; and he has provided the quit
claim deeds for all of those lots at the appropriate time, without any hassle. He then indicated that
he will continue to do so in the future.
Break .3:55 -4:00 p.m.
Mayor Swanson declared a break from 3:55 p.m. to 4:00 p.m. in accordance with
Commission policy established at their regular meeting of March 14, 1983.
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Continued discussion (continued) -Valley Unit Subcommittee's recommendation to pay delinquent
property taxes to acquire tax deeds for Valley Unit properties
At Mayor Swanson's request, Mr. Bob Planalp reviewed the process which has been
utilized over the past four years for acquisition and sale of specified lots in Valley Unit Subdivision
at public auction. He then reiterated the Subcommittee's recommendation that the same process
be utilized for acquisition and sale of eight "BP" zoned lots at this time.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission authorize and direct staff to proceed with payment of the delinquent property taxes
on the eight "BP" zoned lots in Valley Unit Subdivision to the Gallatin County Treasurer, and
authorize the public auction sale on said lots. 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.
Discussion -public hearing process
The City Manager reminded the Commission that Commissioner Knapp had requested this
item be placed on the agenda. He then noted that, included in the Commissioners' packets, was
a copy of the Rules of Procedure as adopted by the Commission on June 19, 1989.
Commissioner Knapp noted that at the February 3, 1992, meeting, the Commission
discussed the procedure for public hearings; and at that time, the Commission decided to " ...
continue to operate within its existing rules of procedure. They also concurred that if a public
hearing on a land use decision has been continued, and an overwhelming amount of public input
received, they may exercise their option to delay the decision for a period of one week. They
further concurred that if one Commissioner requests that the public hearing be continued, with a
stated reason, that request will be honored." She noted that this decision has not been
incorporated into the written rules of procedure, and should be if the Commission reaffirms that
decision.
Mayor Swanson asked that the Commissioners determine whether they wish to maintain
the one-week waiting period on land use decisions, and whether that delay should be at the request
of only one Commissioner or a majority of the Commission. He also asked that the Commission
discuss whether one Commissioner can keep a public hearing open, or whether a majority of the
Commission is required to do so.
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Commissioner Knapp noted that the only time four affirmative votes are required is for
land use variances, otherwise a simple majority is required. She then stated support for requiring
a majority to keep a public hearing open as well as to delay a land use decision for a period of one
week.
Commissioner Vincent indicated a willingness to require a majority to keep a public hearing
open; however, he feels one Commissioner should be able to delay the decision for a period of one
week. He then stated he does not believe that any Commissioner will abuse that ability; and he
feels it is important that a Commissioner be able to do so, particularly when a difficult decision is
involved.
Commissioner Stiff stated general concurrence with Commissioner Vincent's position;
however, he requested that the revised rules of procedure be submitted to the Commissioners in
written form before he makes a final decision on the matter.
Commissioner Frost also indicated concurrence with Commissioner Vincent's position,
noting that when a complex land use decision is involved, having the minutes of the public hearing
· can often be helpful.
Mayor Swanson stated he also concurs with Commissioner Vincent's position, noting that
consensus has been reached on the issue of keeping a public hearing open, and that a majority
position has been reached on the issue of delaying land use decisions for a period of one week.
Commissioner Knapp reiterated her position on the issue of delaying land use decisions.
She noted that she does not anticipate that this Commis~ion will abuse the existing provision;
however, she reminded the Commissioners that these rules of procedure will affect future
Commissions as well.
City Manager Wysocki reminded the Commission that once a public hearing is closed, they
may not seek any additional information, except to seek clarification from staff about any
comments they may have forwarded. He cautioned the Commissioners that their decisions must
be based on the record for the public hearing; and to consider any extraneous information could
flaw the process. He then stated that, because of that potential, he is uncomfortable with the
Commission delaying its decisions.
Responding to Mayor Swanson, City Attorney Luwe indicated a willingness to draft
language, for inclusion in the rules of procedure, pertaining to the fact that additional information
may not be accepted or considered which has been obtained outside the public hearing process
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when making a decision.
Responding to the City Attorney, the Mayor stated he feels it would be appropriate to
have a motion and vote for closure of the public hearing. He noted that this would formalize the
straw vote type of format which he has followed prior to closing past public hearings.
Following discussion, it was moved by Commissioner Frost, seconded by Commissioner
Vincent, that the rules of procedure be revised to reflect a majority vote to close a public hearing
and that the provision that one Commissioner may request that a land use decision be delayed for
a period of one week be retained. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting
no being Commissioner Stiff and Commissioner Knapp.
Commissioner Knapp then indicated that some housekeeping changes are needed in the
rules of procedure. She noted that on the first page, it references a 2:00 p.m. meeting time, rather
than the current 3:30 p.m. start time.
Responding to City Manager, Commissioner Vincent indicated that a 3:45 p.m. start time
would be better for him, at least during the school year.
The City Manager stated that if the time is changed, it should be changed on a year round
basis, to avoid confusion for the public.
Mayor Swanson suggested that, since it is so close to the end of the school year, the start
time of the Commission meeting not be changed until fall.
Commissioner Stiff stated he had been under the impression that these rules of procedure
also contained a provision for continuing an afternoon meeting to the evening if it ran past a
specific time; however, it is not specifically set forth. He then noted the physical problems he
encounters when a meeting is not recessed or adjourned by 5:30 p.m. He indicated that those can
be mitigated; however, he feels the Commission should obey its own guidelines and rules in running
a meeting.
Mayor Swanson noted that this is an issue which has been discussed in the past, with the
Commissioners indicating their interest in recessing at 5:30 p.m., particularly when an evening
session is involved. He then encouraged the City Manager and the Clerk of the Commission to
generate agendas which can realistically be completed by 5:30 p.m.
Commissioner Vincent noted that Bozeman is growing and will continue to grow,
suggesting the Commission may need to review the issue of whether "five citizens meeting for two
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hours, beginning at 3:30 p.m. once a week, can get the business done."
Commissioner Stiff expressed concern that in attempting to condense its business into a
specific amount of time, the Commission may end up creating ad hoc committees that actually do
all of the work and forward recommendations which are almost automatically approved with few
questions being asked in a public setting.
Commissioner Frost stated concurrence, noting that it " ... takes a certain amount of time
to get the job dor:ie." He then noted the Commission has become fairly efficient in that effort. He
then expressed concern about afternoon Commission meetings, particularly if they start before 3:30
p.m., because of the difficulty some people may have in taking time off from work to serve on the
Commission.
Commissioner Knapp then noted that under Section XII. RULES OF PROCEDURE, No. 1
stipulates "Every member desiring to speak shall address the Chair, and upon recognition by the
presiding officer, shall confine himself to the question under debate, avoiding all personalities,
argument and indecorous language." She stated that to ignore this rule is rude, and encouraged
all Commissioners to remember, and obey it.
Commissioner Knapp then noted that under Section VIII. ORDER OF PRESENTATION AND
PUBLIC PART/Cf PA TION, the language in 1.j. should be changed to read " ... recognize written
commentary submitted in a timely manner, which may be read into the record ... "
Commissioner Knapp stated that under Section XV. DECORUM, Section b. stipulates that
"Any person making personal, impertinent or slanderous remarks or who shall become boisterous
while addressing the Commission shall be forthwith barred from further audience with the
Commission by the presiding officer, unless permission to continue be granted by a majority vote
of the Commission." She noted that the Commissioners were abused by slanderous remarks a few
weeks ago; and she feels the Commission should be very cognizant of this provision in the future.
Commissioner Frost suggested that, since the Commission has not been wholly comprised
of males over the past few years, these rules should be made gender neutral.
City Attorney Luwe requested that he be given an opportunity to revise these rules of
procedure, taking into consideration the comments which have been made, noting he will submit
those revised rules to the Commission for their consideration and adoption.
Appointment of sub-committee to review Pledged Securities as of March 31. 1992
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The City Manager reminded the Commission that the pledged securities must be reviewed
quarterly according to State statutes.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission appoint Commissioner Stiff and Commissioner Vincent to review Pledged Securities
as of March 31, 1992. The motion carried by the fo.llowing Aye and No vote: those voting A ye
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) Copy of the summary of goals for Fiscal Year 1991-92.
The City Manager reminded the Commissioners that their initial lists of goals for Fiscal
Year 1992-93 are to be submitted to the Clerk of the Commission by Wednesday, April 22. He
also reminded them that evening work sessions for goal setting have been scheduled for 7:00 p.m.
on May 6 and May 11. He then indicated his intent to provide an update on the status of t he
existing goals at the first work session.
(2) Letter from Shirley Luhrsen, 1822 West Beall Street, dated April 5, 1992, regarding
the crosswalks at the intersection of North 19th Avenue and West Beall Street as well as the lack
of maintenance of the medians on North 19th Avenue.
Responding to Commissioner Knapp, the City Manager indicated this letter will be
forwarded to the appropriate staff members for response.
(3) Letter from the Montana Department of Fish, Wildlife and Parks, dated April 15,
1992, regarding the monies available through the Land and Water Conservation Fund.
The City Manager reminded the Commission that the City had submitted an application
for a $50,000 grant; and that application has been returned because of the lack of available funds.
He noted the City will resubmit the application at the appropriate time.
(4) Agenda for the Bozeman Senior Citizen Advisory Board meeting scheduled for 4 :00
p.m. on Thursday, April 23, 1992.
(5) Memo from Craig Brawner, Assistant City Engineer, dated April 15, responding to
the petition requesting that sidewalks not be required along Cutting Street.
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The City Manager noted that this memo contains the staff reponse and suggested that it
be placed on an upcoming agenda for Commission consideration and action.
Mayor Swanson asked that the City Attorney provide a report on the legal ramifications
and the liabilities that the City may incur if the Commission accepts the staff recommendation
forwarded in Assistant City Engineer Brawner's memo.
The City Attorney responded that in this particular situation, the City does not have the
typical public right-of-way back of the curb. He then indicated that he will prepare a memo
forwarding any legal concerns prior to the Commission's making a decision on this item.
(6) Copy of an article from the Billings paper regarding revitalization of their downtown
through a tax increment financing district.
(7) Notice from the Bozeman Area Chamber of Commerce regarding "Clean Up
Bozeman", which is scheduled for April 25.
The City Manager noted that activities begin at 8:00 a.m., with a welcome from the
Mayor, and end with a barbecue scheduled for noon. He then reminded the Commission that the
Commissioners have cleaned up around City Hall for the past several years and asked if they plan
to do so again.
The Commissioners indicated their intent to do so, agreeing to gather at 8:30 a.m. at City
Hall.
Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated
that a portion of the proceeds from recyling that day will be contributed back to the community for
beautification efforts.
(8) Notice that the County Commission will not hold a public meeting on April 21, along
with minutes from their public meetings of April 7 and 14, 1992.
(9) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m.
on Tuesday, April 21, at the Carnegie Building.
(10) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Tuesday,
April 21, at the Carnegie Building.
(11) Agenda for the Bozeman City-County Planning Board scheduled for 7:00 p.m. on
Tuesday, April 21, in the Commission Room in City Hall.
(12) The City Manager presented the following weekly report. 1) Announced that at
next week's meeting, Assistant Brey will submit a preliminary draft of an ordinance enabling the
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creation of neighborhood parking districts, along with a brief presentation on the issue. He noted
that provisional adoption of the ordinance is scheduled for May 4, at which time people will be
invited to address the issue, particularly MSU students. He noted that on May 18, the ordinance
will be set for public hearing and final adoption, which will be after many of the students have left
for the summer. He indicated that after this ordinance becomes effective, requests for creation of
specific neighborhood parking districts will be forthcoming. 2) Noted that the Police Department
served nine arrest warrants this past week. 3) Stated that the traffic enforcement team is actively
working, under the grant which the City received. 4) Noted that attorney Barry O'Connell has been
retained to represent the City in the Bozeman Solvent Site issues. 5) Announced that he and Sam
Gianfrancisco addressed Leadership Bozeman on Thursday regarding the transportation plan. 6)
Stated that the Highway Department is assisting the City in striping of streets and crosswalks. 7)
Attended the Parking Commission meeting on Tuesday morning. 7) Noted the Montana Library
Association annual conference, which is to be held in Bozeman next week, with an anticipated 400
members in attendance. 8) Announced that the Prevention Coalition will be conducting a strategic
planning charette on Thursday. 9) He then noted that the City has nominated the Police
Department for an award for the work they have done in various programs for alcohol and drugs.
10) Submitted to the Commission a letter from Van's IGA, dated April 20, announcing their desire
to donate the 400 Colorado spruce seedlings they have received as a part of the Hometown Trees
program to the City for use in the corridors and the City parks. He noted this is part of a ten-year .
program through which 100 million trees are to be distributed. He then stated that a public tree
planting ceremony is being scheduled in the City's tree nursery on Friday, which is Arbor Day.
(13) Commissioner Frost submitted the following. 1) Attended the Parking
Commission on Tuesday, where they heard a presentation from the Mayor on the Performing Arts
Center and the potential parking problems and concerns. 2) Attended the general meeting of the
Downtown Bozeman Association on Wednesday, where Chris Boyd spoke to the members about
Land Trust. 3) Announced that on Saturday, the Business Improvement District committee
conducted a charette, chaired by Don Mclaughlin, regarding proposals for improvement of the
downtown. He noted that at that meeting, goals were set and a one-day session was scheduled
for approximately May 1 . He noted the committee is changing the name to the Historic Hometown
Improvement District. He then noted their intent to coordinate an application for highway
enhancement project monies, rather than having various groups submitting different proposals. 4)
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Noted the article from the Great Falls Tribune which Commissioner Knapp had distributed, which
indicates that the community is losing over 6,000 of their 12,000 elm trees and states that they
have spent over $840,000 in the last three years replacing them. 5) Reminded the Commission
that April 24 is Arbor Day for Montana. He noted there is a proclamation on the consent agenda
and asked that copies of that proclamation be forwarded to all of the elementary school and the
middle school after it has been signed.
(14) In response to a question from Commissioner Vincent, the City Manager stated
that Free Dump Day will be advertised in the paper prior to Saturday, April 25.
( 1 5) Commissioner Knapp gave the following report. 1 ) Noted that the monthly
Library report for March reflects a 45-percent increase in non-print circulation. She also noted the
increase in library card holders. 2) Announced that she will be attending the Montana Library
Association meeting next week, beginning at 8:00 a.m. on Sunday.
(16) In response to an inquiry from Commissioner Knapp, City Manager Wysocki
explained that staff has one month, beginning April 16, to prepare comments and submit them to
the Montana Department of Health and Environmental Sciences and the EPA. He indicated that
those responses will be forwarded prior to the May 16 deadline.
( 17) Clerk of the Commission Sullivan noted that she has posted a listing of past
Councils and past and present City Commissions, as well as a listing of the City Managers who
have served the City from 1922 to present.
(18) Mayor Swanson submitted the following. 1) Distributed copies of an article on
Bozeman in the February issue of the Montana magazine to the Commissioners, noting the article
was written by Tad Brooks. 2) Attended the Parking Commission meeting on Tuesday morning.
3) Spoke to the Newcomers' Club on Thursday. 4) Attended the Valley Unit Subcommittee
meeting on Friday. 5) Reminded the Commissioners of the Recycling Festival being held at the
Fairgrounds on Saturday.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Award bid -construction of 1991 sidewalk program
Authorize City Manager to sign -Annexation Agreements -James W. and
Joanne Bee Kack, and Edward M. Brandt for Cardinal Distributing, and
Burlington Northern Railroad (22.48 acres between Griffin Drive and
1-90)
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Commission Resolution No. 2856 -annexing 22.48 acres located in the NE%.
Section 1. and the NW%. Section 6. T2S. R6E, MPM (between Griffin
Drive and 1-90, BN r.o.w. and the McChesney Industrial Park)
COMMISSION RESOLUTION NO. 2856
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
TRACT(S) OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE
KACK ANNEXATION AND HEREIN MORE PARTICULARLY DESCRIBED.
Proclamation -"Arbor Day" -April 24. 1992
Proclamation -"Poppy Day" -May 9, 1992
Request for permission to tie onto City sewer service -Larry J. and Joan P.
Petersen. 27383 Frontage Road
Authorize City Manager to sign -Engineering Services Agreement with HKM -
water and sewer renovation CIP program
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 -5:17 p.m .
Mayor Swanson declared a break at 5: 17 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene -7:00 p.m.
Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Continued public hearing -variance from Section 18.16.030 of the zone code to allow division of
11 ,700-sguare-foot lot into two lots -Max S. Eaton -Lot 22. Block 7. Fairview Addition (11 W est
College Street)
This was the time and place set for the continued public hearing of a variance from
Section 18.16.030 of the zone code to allow division of 11, 700-square-foot lot into two lots,
Variance Application #C-9202, from Max S. Eaton, Lot 22, Block 7, Fairview Addition, more
commonly known as 11 West College Street.
Mayor Swanson reopened the continued public hearing.
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The City Manager stated that, included in this week's packet, was a letter of withdrawal
from Max S. Eaton withdrawing the requested variance from further consideration. He then
recommended that the Commission acknowledge receipt of this letter of withdrawal.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the letter of withdrawal for the variance requested by Max S.
Eaton, under Application No. C-9202, from Section 18.16.030 of the zone code to allow division
of the 11, 700-square-foot lot currently known as 11 West College Street into two lots. 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.
Public hearing -zone map change -R-3 to R-0 -Dennis Hardin for himself. Kundas and Soren sons -
Lots 2. 3, 4 and 5, Block 1. Kirk's Subdivision #1 (105,109,113 and 117 South 19th Avenue)
This was the time and place set for the public hearing on the zone map change from "R-
3", Residential--Medium Density, to "R-0", Residential--Office, requested by Dennis Hardin for
himself, Joseph and Margaret Kunda, and Glenn and Margaret Sorenson, under Application No.
Z-9219, on Lots 2, 3, 4 and 5 of Block 1, Kirk's Subdivision No. 1. The subject lots are more
commonly known as 105, 109, 113 and 117 South 19th Avenue.
Mayor Swanson opened the public hearing.
Associate Planner Kevin Wall presented the staff report. He reviewed the differences and
similarities between the "R-3" and "R-0" zoning districts. He noted that the uses and quantitative
requirements for these districts are very similar when considered from a "middle ground"
perspective. He noted that both are oriented to a multi-family structure, generally a four-plex or
five family units in a townhouse cluster. He stated that in the "R-0" zone, offices are the main
principal use; however, residential structures, larger than single-family units, are allowed as a
conditional use. He noted that the conditional uses allowed in both districts are generally the same.
Also, the setbacks, lot coverages and heights of buildings are essentially the same in both districts.
The Planner then stated the main difference between the two zones is the minimum lot
size: in the "R-0" zone, the minimum lot size is 5,000 square feet, with a minimum 50-foot width;
and in the "R-3" zone, the minimum lot size is 3,000 square feet per dwelling unit, for two to four
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units, with a minimum 60-foot width.
Planner Wall reviewed the adjacent uses and zones: to the north and northwest is R-0,
with B-2 along Main Street; to the east is 8-2 and R-3; to the south and west is R-3, with B-2
zoning further to the west.
Associate Planner Wall stated that staff evaluated this application in light of the twelve
criteria set forth by State statutes for review of zone map char1ges. He stated that in that review
staff determined that, in light of the similarities of the two zoning districts, the quantitative factors
on Criteria Nos. 2, 3, 4, 5, 6, 7 and 8 are essentially the same.
The Planner then reviewed the staff finding on Criteria Nos. 1, 9, 10, 11 and 12. He
noted that, while the master plan designates the subject area as urban residential infill, it borders
on commercial and is located on an arterial street, only one lot from the intersection of an arterial
and a collector and one block from the intersection of two arterials. He then reviewed the intent
statement for the "R-0" zoning district, noting it is to be used as a buffering and transitional
district, particularly between residential and commercial areas. He stated that, because of the
number and sizes of the lots involved in this requested rezoning, the scale of development would
be limited, thus ensuring compatibility.
The Planner stated that since the subject site is located in an entryway overlay district,
any development on these lots would be subject to design review, which would help to ensure its
appropriateness. He noted that since the site is on an arterial; and given the current and proposed
zoning, and development or redevelopment will not include single-family, owner-occupied
residences. He stated, therefore, the method of determining property values will be the same, no
matter what the zone is. He also noted the existing mixed character of development in that
immediate area, given the varied zoning.
Planner Wall noted that staff also considered whether approval of this application would
set a good precedent for zoning and development in this area; and they concurred it would be a
good precedent. He then forwarded the staff recommendation for approval of this application.
Mr. Dennis Hardin, 6125 South 19th Avenue, one of the applicants, submitted a lengthy
presentation. He stated that he has owned his property for thirteen years and lived there for seven
years. He noted that during his ownership of the site, the basement apartment has always been
rented out. He stated that if the proposed rezoning is approved, he plans to convert the use of the
existing structure from a multi-family residential use to an office, utilizing it for his financial firm.
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He noted the firm arranges financing for businesses on a national level, and generates little walk-in
traffic. He indicated that the appropriate parking improvements and landscape improvements would
be provided in conjunction with that change of use.
Mr. Hardin noted the changes which have occurred along South 19th Avenue in the past
thirteen years, resulting in a substantial increase in traffic. He also noted the impending changes,
including the extension of Kagy Boulevard and the North 19th Avenue interchange, which will
further impact the amount of traffic on the roadway. He noted the importance of attempting to
limit the ingress and egress onto the street because of the heavy traffic load, which can be
facilitated through this type of zone change. He stated that figures show that at the present time,
there are 12,000 vehicles on South 19th Avenue per day; and it is projected that within the next
twenty years, the roadway will probably be widened to four lanes, at least to West College Street.
Mr. Hardin then stated he contacted all property owners within 200 feet of the subject
parcels and invited them to attend a meeting at the Public Library to discuss this proposed zone
change. He stated that he received two telephone calls; and one person attended the meeting.
He noted that no one on the list forwarded any comments of opposition at that time.
Responding to Commissioner Knapp, the Planner stated that the subject lots are adjacent
to another "R-O"zone; therefore, rezoning of these lots would result in extension of that zone rather
than a spot zoning.
Responding to Mayor Swanson, Mr. Hardin noted that commercial uses in a residential
area may be located only at the intersection of arterials or an arterial and a collector. He noted that
this proposed "R-0" zone meets that criteria; however, those properties fronting on South 19th
Avenue south of this requested rezoning do not. He suggested, therefore, no such rezonings would
be allowed on those properties.
Planner Wall stated concurrence with Mr. Hardin's comments, noting that the proposed
rezoning does extend to West Olive Street; however, he does not believe that any southward
extension of the "R-0" zoning district would meet the master plan criteria.
Responding to the Mayor, Mr. Hardin stated he feels the proposed rezoning will not impact
property values in the area; ra~her, he suggested that, because of the design review required for
development, it will result in improved development of the subject lots. He further noted that this
rezoning will allow for change of the usage of these lots from 24-hour-a-day usage to daytime
usage, thus minimizing impacts to the neighborhood.
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Mr. Jim Townsend, 1321 Robin Lane, stated he owns two duplexes immediately to the
west of the subject parcels. He stated his strong opposition to this proposed rezoning, noting that
it will result in commercial zoning on both sides of South 20th Avenue. He noted that several years
ago, the Commission was opposed to strip zoning, questioning whether that position has now
changed. He then stated that the alley which runs through that block is specified for utility use,
and does not reflect an intent to be used for vehicular access.
Mr. Townsend then noted there are sixteen more driveways onto South 19th Avenue
between West Olive Street and West College Street; and he does not feel all of those can be
addressed through this type of rezoning. He suggested, therefore, another solution should be found
for that problem.
Mr. Townsend stated there is currently a shortage of housing and an abundance of office
space in the community. He then stated his opposition to converting existing housing stock into
office space, particularly in light of the current trend.
Mr. Dennis Hardin noted that, while the alley was originally designated as a service alley,
it has been utilized as an access to garages for residences on South 19th Avenue and South 20th
Avenue for many years. He then reiterated his position that this proposed rezoning will benefit the
area and the properties, and encouraged Commission approval.
In response to the Mayor, the Planner once again forwarded the staff's recommendation,
which is for approval of the requested zone map change.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public
hearing be closed. 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.
Mayor Swanson closed the public hearing.
Commissioner Vincent stated that, in light of the fact that he incurs a potential conflict
of interest because Mr. Hardin is a member of the School Board, he must abstain from voting on
this application.
It was moved by Commissioner Stiff, seconded by Commissioner Knapp, 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 Stiff, Commissioner Knapp,
Commissioner Frost and Mayor Swanson; those voting No, none. Commissioner Vincent abstained.
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Commissioner Frost stated his discomfort with allowing the R-0 zoning to encroach any
further into the R-3 zoning district. He expressed concern that to allow this type of development
in the residential area along South 19th Avenue will set a precedent for commercial development
to continue further from the intersection of arterials on North 19th Avenue as well.
Commissioner Stiff stated support for the staff recommendation.
Commissioner Knapp stated her reservations about the requested rezoning. She noted,
however, that if the many ingresses and egresses onto South 19th Avenue, particularly along the
west side, can be reduced through this rezoning, she feels that is a positive result. She did,
however, express concern that this rezoning could result in strip office development along the
roadway.
Mayor Swanson noted he was concerned about the potential for decreased property
values to properties surrounding the subject lots; however, he noted it does not appear that will
happen. He also noted he was concerned about the potential for the R-0 zoning to creep further
south over time; however, staff has indicated that such creeping is not possible under the City's
l , zone code. He then stated he feels the rezoning could provide an opportunity for good
development of the subject lots.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission approve the zone map change from "R-3", Residential--Medium Density, to "R-0",
Residential--Office, requested by Dennis Hardin for himself, Joseph and Margaret Kunda, and Glenn
and Margaret Sorenson, under Application No. Z-9219, on Lots 2, 3, 4 and 5 of Block 1, Kirk's
Subdivision No. 1. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No being
Commissioner Frost. Commissioner Vincent abstained.
Adjournment -8: 10 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 Commissoner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
04-13-92