HomeMy WebLinkAbout2000-08-07 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN. MONTANA
. August 7. 2000
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, August 7, 2000, at 3:00 p.m. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Acting City
Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Acting City Manager Brey stated he has received a request to remove the final plat for
Sundance Springs, Phase liB, from the Consent Items for discussion.
Minutes ~ January 18, January 24, January 31. February 7, February 14, June 19, July 6, July 10.
July 17. July 24 and July 31 , 2000
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meetings of July 6 and July 24, 2000, be approved as submitted and that the minutes of the
meeting of July 10 be approved as amended. The motion carried by the following Aye and No vote:
. those voting Aye being Commissioner Brown
, Commissioner Frost, Commissioner Smiley,
Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24,
January 31, February 7, February 14, June 19, July 17 and July 31, 2000.
Presentation from David Smith, Executive Director of the Bozeman Area Chamber of Commerce re
business retention proaram
Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, noted that
a couple of weeks ago, he sent the Commissioners a letter suggesting that teams comprised of a
couple business people and one elected official do on~site visits with various businesses in the
community. He indicated that he implemented that type of program in Colorado, and the result was
to save one business that subsequently grew significantly. He suggested this type of outreach forum
could be used to "take the show on the road", and that could be particularly beneficial during the
master plan update process. He proposed that eight teams be created, with one City Commissioner
or County Commissioner in each team. He stressed that this forum is designed to gather information,
and suggested the result may be identifying legislative issues for the State Legislature.
Mayor Youngman suggested that this forum could also identify impediments in the existing
review process, noting that practical examples can be helpful as changes are considered.
. All of the Commissioners indicated an interest in being involved in this type of program; Mr.
Smith indicated he will schedule team visits in late September.
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Review . aDDlication for further develoDment of site and Certificate of ADDroDriateness - City of
. Bozeman - allow construction of a 72-foot by 120-foot Dole barn style metal-sided storaae buildina
on Tract 12. Northeast Annexation (City's lower storaae yards. 1800 block North Rouse Avenue)
(2-0095)
This was the time and place set for review of the application for further development of a site
and a Certificate of Appropriateness, as requested by the City of Bozeman under Application No.
Z-0095. to allow the construction of a 72-foot by 120-foot pole barn style metal-sided storage
building on Tract 12, Northeast Annexation. The subject property is more commonly known as the
City's lower storage yards, located in the 1800 block of North Rouse Avenue.
Assistant Planner Therese Berger presented the staff report. She stated that this application
has been reviewed by both the Development Review Committee and the Design Review Board; and
they have recommended approval, subject to two conditions. She noted that staff has also reviewed
this application in light of the criteria set forth in the Bozeman Municipal Code and the design
objectives plan. and staff's comprehensive findings are contained in the written staff report.
Responding to Commissioner Brown, Superintendent of Facilities and Lands James Goehrung
stated that staff is looking at the possibility of moving the new storage building closer to Rouse. He
noted that two of the four existing metal storage buildings are in "pretty rough shape"; and it may be
best to remove them and construct the new storage building in that location. He indicated that, if the
new building is relocated and sited so the length is along the street frontage, an addition with a shed
roof will be added to break up the length; and noted another potential is to site it so the end faces the
street. He assured the Commission that, if the building is to be relocated, the revised plans will be
submitted to the Design Review Board and the City Commission for review and approval.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the application
for further development of a site and a Certificate of Appropriateness, as requested by the City of
Bozeman under Application No. Z-0095, to allow the construction of a 72-foot by 120-foot pole barn
style metal-sided storage building on Tract 12, Northeast Annexation, be approved, subject to the
following conditions:
1. The applicant must submit a landscaping plan to the Planning Department within
six months of preliminary approval. The plan will be subject to the review and
approval of Administrative Design Review staff. The landscape plan must:
a. show how permanent irrigation will be provided per Section
18.50.100.D.5.i; and
b. be prepared and certified by a registered Montana landscape
architect, an individual with a degree in landscape design and
two years of professional design experience, or an individual with
a degree in a related field and at least five years of professional
design experience per Section 18.50.100.D.3.c.
2. All necessary permits must be obtained from the Building Division prior to
construction.
.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost
. Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those
voting No, none.
Discussion re DrODosed revised annexation boundary for the SANDAN Annexation (formerly known
as the North 27th Annexation)
Assistant Planner Therese Berger reminded the Commission that, during last week's agenda
meeting, there was substantial discussion regarding the City's annexation policy. She also reminded
the Commissioners that, following the public hearing on this requested annexation, they directed staff
to bring back an Annexation Agreement and resolution under which the southwest corner of the
requested annexation was to be subjected to a delayed annexation because of the existing structures
on those properties. In light of that Commission action, one of the two property owners has
submitted a proposed revised annexation boundary which includes the eastern half of the property
only; and the Assistant Planner asked if that revision meets the intent of the Commission's previous
action.
Commissioner Frost stated he has a problem with the proposed annexation, since it represents
only part of the larger parcel; and he questioned the need to do any more annexations this far north.
He noted that, in November, he thought this annexation was attached to the School District
annexation, so that property could be contiguous; however, the City is now proceeding with the
School District annexation under another process. He concluded by voicing his concerns about
undertaking any more piecemeal annexation or development processes.
. Commissioner Kirchhoff asked if there is a way to accommodate Commissioner Frost's
concerns without saying "no" to this annexation, suggesting the possibility of developing a master
plan that encompasses a greater area than just this property. He noted this area is the designated
growth area for the next twenty years; and he agrees that piecemeal development is not the optimal
method of development. He suggested that the master plan could identify desired land use
designations, road and trail connections, parks, open space and other public facilities. He noted that
proposals for development could then be prepared under that master plan.
Commissioner Frost indicated he could support this annexation with the condition that it be
part of a bigger master planned area, to ensure that it is not developed in a piecemeal manner. He
voiced concern that, at the present time, the city is being designed by developers and not the City;
and he feels the City should be in control. He indicated that, if his concerns can be adequately
addressed in the annexation agreement, he can support the proposed annexation.
Ms. Sandy Hamilton, SANDAN, noted that during discussion of the original annexation request
last fall, the Fire Marshal recommended the buildings at the southwest corner not be immediately
annexed; and that is the reason they have now split the proposal in half. She indicated, however, that
they will plan and plat the entire parcel.
Commissioner Kirchhoff noted his concern is that this parcel is one small piece of a much larger
area; and it would be best to consider its development under a more comprehensive master plan. He
recognized that the master planning process could become complicated because the properties
. involved are owned by many different people.
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Commissioner Brown stated he would have preferred to see the Davis property included in the
. annexation agreement. He then indicated his support for annexing the property under consideration,
noting it is preferable to have its development occur in the city rather than in the county.
Commissioner Smiley stated she, too, prefers to have this property annexed and develop within
the city.
Commissioner Frost stated he would prefer to meet with the Planning staff to discuss master
planning of the North 27th Avenue area.
Responding to Assistant Planner Berger, Commissioner Kirchhoff stated his preference for
master planning the area in the greatest detail possible, to ensure that development is orderly and cost
effective and that infrastructure issues are adequately addressed.
In response to Assistant Planner Berger, Mayor Youngman noted that, while the 2020 update
is being undertaken, new projects are being submitted and considered by the Commission. She stated
the type of master planning being proposed helps to ensure that a development proposal is consistent
with what the City has identified as a desirable pattern of development and that all projects are being
treated fairly, equitably and consistently. She noted that the City has traditionally approved any
annexation request when it is contiguous to the city, viewing that as preferable to having the property
develop adjacent to the city. She recognized that, in some instances, an annexation request may be
premature, and suggested an alternative may be to work cooperatively with the County.
Commissioner Smiley expressed concern that, while the Commission talks about development
of areas within the next twenty years, it is not taking steps to ensure the services will be there. She
. recognized that the community is growing faster than anticipated; and the City cannot force all of
those people into the county.
City Attorney Luwe noted the Commission can make a decision on the proposed new
annexation boundaries today or delay its decision, noting that the Commission discussion suggests
the need for a work session with staff to develop some type of plan for the area. He suggested one
of the terms of the Annexation Agreement could be that the applicant agree to participate in the
development of that plan.
Following discussion, a majority of the Commissioners agreed that a two-pronged approach
is needed, with one being a work session to discuss further planning for the general area and the other
being a possible revision of the annexation policy. The Commissioners also agreed that the work
session on planning of the area should be started during the August 14 meeting and continued to the
August 28 meeting if necessary.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the proposed revised annexation boundary for the SANDAN Annexation, which
was formerly known as the North 27th Annexation. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown,
Commissioner Frost and Mayor Youngman; those voting No, none.
. Ordinance No. 1521 - revisina the Bozeman Senior Citizens' Advisory Board
Included in the Commissioners' packets was a copy of the revised Ordinance No. 1521, as
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approved by the City Attorney, entitled:
. ORDINANCE NO.1 521
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING
CHAPTER 2.96 OF SAID CODE PROVIDING FOR THE CREATION OF A BOZEMAN
SENIOR CITIZENS' ADVISORY BOARD AND ESTABLISHING THE DUTIES AND
RESPONSIBILITIES THEREOF.
Staff Attorney Patricia Day-Moore stated that, at last week's meeting, questions were raised
about the history of the Board. Research revealed that in 1978, a group of senior citizens approached
the City Commission and asked for help in constructing a new facility. She noted that the Commission
approved that request, and the senior center was constructed. She stated that. in the records from
that time period. the new facility was referred to in at least four different ways: the senior center,
senior citizens social center, senior social center and senior citizens center. She stated the Board of
Directors has been incorporated as the Senior Center Board of Directors; and the telephone book listing
is under the Senior Citizens Center. As a result, she has amended references to the building to reflect
the "Senior Citizens' Center". She also indicated that, following discussions with Commissioner
Brown, she has revised the ordinance to provide for one liaison to represent all agencies other than
the senior center, rather than one liaison for each agency as previously provided. She noted that the
proposed by-laws have also been revised to reflect these changes.
Ms. Shirley Powell, member of the Bozeman Senior Center Advisory Board, stated her support
for the revised ordinance and encouraged the Commission to adopt it and then appoint members as
. soon as possible.
Mayor Youngman noted that the two members who currently serve on two boards need to be
given the opportunity to identify on which one they wish to continue serving, rather than assuming
two vacancies will automatically occur as a result of the Commission adopting this ordinance.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance
No. 1521, revising the Bozeman Senior Citizens' Advisory Board, be finally adopted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
Ordinance No. 1 522 ~ fixina salaries of the City Commissioners and Mayor , effective July 1 , 2000
Previously distributed in the Commissioners' packets as a copy of Ordinance No. 1522, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1522
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF
. BOZEMAN. MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF
THE
BOZEMAN MUNICIPAL CODE.
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It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No.
. 1522, fixing the salaries of the City Commissioners and Mayor, be finally adopted. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
ADDroval of final Dlat for Sundance SDrinas Subdivision, Phase liB (northeast corner of intersection
of South Third Avenue and Goldenstein Lane) (P-9841 )
Acting City Manager Brey reminded the Commissioners that this item had been removed from
the Consent Items.
Mayor Youngman stated she requested that this item be removed for discussion because it
appears Condition No.4 for approval of the preliminary plat, which requires the installation of cut~off
walls along the water and sewer lines, has not been met because those walls have not been installed.
She noted the staff response indicates that cut~off walls were not needed because clay soils were not
encountered; however, that is not the way the condition was originally written. She also voiced
concern that there is high groundwater on the subject site and downgrade from this site; and she
wants assurances that water will not go off~site and negatively impact people's crawl spaces.
Mr. Mike Potter, applicant, stated he wants to begin construction in this subdivision before bad
weather hits. He noted that they have carefully followed plans and specifications for roads, water and
sewer and stormwater management within Sundance Springs. He noted that in clay soils, where
water and sewer lines are bedded in gravel, the trench carries more water than the surrounding soils;
and cut-off walls stop that from occurring. He stated, however, that in thin soils and river bottom
. gravels, cut~off walls have no practical application since the water can travel through the soils as
easily as through the utility trenches. Since the soils in Phase liB are the thin soils and river bottom
gravels, the consulting engineers and City Engineering staff determined cut~off walls were not needed.
He concluded by stressing that the improvements have been installed correctly and asked that the
Commission approve the final plat.
Responding to Mayor Youngman, Mr. Potter stated there are cut~off walls in those areas in
Phase I with heavy soils; however, most of the Sundance Springs area is underlaid with river bottom
gravels.
Mr. Bruce Foley, Morrison~Maierle, stated that the records show some clay cut~off walls were
installed in the western portion of Phase I. He noted, however, that any clay soils in Phase II have
been very shallow. He stated the utility lines have been installed under good engineering practices
and meet the conditions imposed on this subdivision.
City Engineer Craig Brawner stated that the City staff and consulting engineers feel the
appropriate steps have been taken in the right areas in this subdivision. He stressed that the
installation of cut~off walls in this phase would only meet the letter of the conditions of approval;
however, they would not affect groundwater migration. He noted that the South Meadows project
is located in the same environment; and cut~off walls were not required in that project.
Mayor Youngman asked that, in the future, this type of discussion occur up front, rather than
. at this point in the process, so the Commission is aware when staff may identify a circumstance under
which meeting the conditions imposed by the Commission is not necessary.
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It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
. approve the final plat for Sundance Springs Subdivision. Phase liB. located at the northeast corner of
the intersection of South Third Avenue and Goldenstein Lane. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.
Review of orooosed clans for oartial closure of South 6th Avenue. alona north side of West Cleveland
Street
Included in the Commissioners' packets was a memo from City Engineer Craig Brawner. dated
July 5, forwarding the proposed plans for partial closure of South 6th Avenue. along the north side
of West Cleveland Street.
City Engineer Brawner reminded the Commission that this partial closure is one of the
conditions of approval for the requested vacation of portions of West Cleveland Street and West
Harrison Street on the Montana State University campus. He noted that Montana State University has
asked the City staff to design and construction of the closure. with MSU then reimbursing the City
for its costs. He characterized the closure as largely being a signage plan, noting that the neighbors
in the area have unanimously agreeing with it. He concluded by indicating that staff will strive to have
the project completed before the MSU fall session starts.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the proposed plans for partial closure of South 6th Avenue, along north side of
West Cleveland Street. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor
Youngman; those voting No, none.
Ordinance No. 1523 - vacatina oortions of West Cleveland Street and West Harrison Street IvinCl
between South 8th Avenue and South 10th Avenue. located on the Montana State Universitv camous
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1523, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1523
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
V ACA TING AND ABANDONING THOSE PORTIONS OF WEST CLEVELAND STREET
AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT -OF-WAY LINE OF
SOUTH 8TH AVENUE AND THE EAST RIGHT-Of-WAY LINE OF SOUTH 10TH
AVENUE. LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS IN THE CITY
OF BOZEMAN. MONTANA.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown. that action on
this ordinance be tabled to October 16. to allow for completion of the partial closure of South 6th
Avenue as approved in the previous agenda item. The motion carried by the following Aye and No
. vote: those voting Aye being Commissioner Kirchhoff. Commissioner Brown, Commissioner Frost,
Commissioner Smiley and Mayor Youngman; those voting No, none.
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Ordinance No. 1524 - Dlacina self-aovernment Dowers on ballot
. Included in the Commissioners' packets was a copy of Ordinance No. 1524, as approved by
the City Attorney, entitled:
ORDINANCE NO. 1524
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
STATING THE COMMISSION'S INTENT TO PLACETHE QUESTION OF AMENDING THE
FORM OF GOVERNMENT UNDER WHICH THE CITY OF BOZEMAN OPERATES FROM
THE "MUNICIPAL COMMISSION - MANAGER" FORM OF GOVERNMENT, WITH
GENERAL GOVERNMENT POWERS, TO THE "COMMISSION - MANAGER" FORM OF
GOVERNMENT, WITH SELF-GOVERNMENT POWERS AND DEFINING THE APPLICABLE
STRUCTURAL SUBOPTIONS.
Acting City Manager Ron Brey noted that, distributed just prior to the meeting, was a revised
copy of this ordinance. He briefly highlighted the revisions made, and noted the only remaining
question is the effective date of the new form, if the ballot issue is approved.
Mayor Youngman stated that she has talked to various people, including neighborhood groups,
and they have voiced a preference for maintaining as much flexibility in creating community councils
as possible. She also noted the comments have been very supportive of changing the form of
government, to include self-government powers, with responsiveness being identified as a key factor.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No.
. 1524, placing self-government powers on the November ballot, be provisionally adopted 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 Brown, Commissioner Frost, Commissioner Smiley,
Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
Recommendation from neiahbors and users task force; discussion on hours of use of wheeled
recreational vehicles at Boaert Davilion
Commissioner Smiley distributed copies of her e-mail to Commissioners, in which she listed
the results of the mediation session held on Thursday evening. She identified those involved in the
mediation process, including representatives of the neighborhood, the skateboard group, the
Recreation and Parks Advisory Board and City staff. She noted that, at the end of the 2 V2 -hour
session, the group identified the hours for wheeled recreational device users to use the Bogert pavilion
as 4:00 p.m. to 8:00 p.m. on Monday, Tuesday, Thursday, Friday and Saturday each week, except
when the pavilion is reserved by another user during those hours. She noted the City Manager has
agreed to install the canvas curtains, which end about 12 feet above the ground, on each end of the
pavilion in an effort to dampen the noise. He has also agreed to see that a large reserved sign is
installed on the pavilion, to make it more visible than the existing paper-sized signs.
Commissioner Smiley stated that she has agreed to work with the 4-H group in negotiating
with the Fairgrounds for scheduled user time at the Haynes pavilion. She noted that the Recreation
. and Parks Advisory Board, the City staff and City Commission are to work together to identify City
property on which a concrete slab can be placed for use by these affected groups. She concluded by
stating that the group is to meet again in May 2001 if problems still exist.
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Responding to Commissioner Frost, Superintendent of Facilities and Lands Goehrung stated
that a canvas curtain was used on the south end of the pavilion to keep the direct sun off the ice.
. He stated it was replaced because the first one was worn; and a four-foot extension was added to
drop it lower. He indicated that he will check on the location of those curtains and have them installed
as Quickly as possible.
Superintendent Goehrung noted that Ms. Anne Banks, member of the Recreation and Parks
Advisory Board, had to leave the meeting; however, she asked that he forward her concerns that the
Board was not given an opportunity to serve in an advisory capacity on this issue. He noted the Board
meets on Thursday, and Ms. Banks has requested the Commission delay its action until the Board
forwards its recommendation.
Commissioner Smiley stated that, while she would like to receive their comments, she is
reluctant to change the results of the mediation process.
Mayor Youngman noted that, in philosophy, she agrees with that position, and indicated that
she will honor the results of a mediation process to the greatest extent possible. She stated that,
since the Recreation and Parks Advisory Board is meeting this week, it could consider and comment
on the results of the mediation process, for the Commission to consider in conjunction with adoption
of the resolution establishing hours.
Mayor Youngman suggested that thank you notes be written to Mary Kate and Warren Boling,
who proposed the mediation process, and those who participated in the process. Following
discussion, the Commissioners determined that those notes should be from the Commission.
. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
direct staff to bring back a resolution implementing the recommendations of the task force, for
consideration at next week's special Commission meeting. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.
Review of linear Dark use Dolicies
Acting City Manager Brey stated that under this agenda item, the Commission is being asked
to determine whether use of a golf cart will alter the character and use of the linear park. He noted
the Commission has previously received a recommendation from the Recreation and Parks Advisory
Board regarding this issue.
Mayor Youngman stated that this seems to be an ever-evolving issue. She noted that, at the
end of last week, it appeared the Commission could establish a trial period to see if golf cart use
affected the defined use of the trail; however, it now appears that cannot be done.
Commissioner Brown stated that, at this time, it appears there are enough alternatives
available, including the use of a motorized wheelchair at no cost, that he cannot support the use of
a golf cart. He suggested, rather, that allowing golf carts will significantly change the character of
the trail.
. Responding to Commissioner Kirchhoff, City Attorney Luwe stated that one possibility is to
cqnsider setting up a facility where wheelchairs or mechanized one-seat disability carts can be housed
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and rented out for use on the park. He suggested that would not significantly change the character
of the linear trail, since its nature would remain the same while meeting the needs of those with
. disabilities. He recognized the down sides to the proposal include siting and building a shed, the costs
of acquiring the wheelchairs or mechanized carts, identifying and addressing liability issues and
maintaining the equipment.
Commissioner Smiley stressed the importance of recognizing that the population is aging. She
cautioned that there is a perceptual difference between traveling in a golf cart with a companion and
being in a wheelchair, citing her personal experience as a caregiver.
Mayor Youngman voiced her concern that, since the use of a golf cart on the linear trail cannot
be limited to those with disabilities, the potential exists that the trail could be used as a way to access
the golf course.
Commissioner Frost stated he would like to have staff investigate the costs and liability of
providing equipment for disabled use.
Acting City Manager Brey stated that monies are carried in the budget to fund any unforeseen
access needs. As a result, if the costs are not exceedingly high, there would be adequate monies in
the current budget to provide equipment and a storage facility.
Mayor Youngman suggested that the Recreation and Parks Advisory Board and the Pedestrian
and Traffic Safety Committee be asked for their input on this issue.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
. Commission direct staff to research setting up of a system for single-use motorized disability carts and
to get input from the Recreation and Parks Advisory Board and the Pedestrian and Traffic Safety
Committee regarding this possibility. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner
Frost and Mayor Youngman; those voting No, none.
Pledaed Securities as of June 30, 2000
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated,
Commissioner Smiley and Commissioner Kirchhoff have examined the receipts of Depository Bonds
and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman
banks.
Commissioner Smiley reported that the inventory of Depository Bonds and Pledged Securities
was found to be in order.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Commission approve the Pledged Securities as of June 30, 2000, listed as follows:
.
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DEPOSITORY BONDS AND SECURITIES
JUNE 30, 2000
. RATE MATURITY RECEIPT NO. TOTAL AMOUNT
AMERICAN BANK - Bozeman
Repurchase Agreement Account
Trusteed with American Bank, N.A.:
Federal Home Loan Mortgage Co. 6.45 09/07/2001 3133M9RD6
971.000.00
Sub-Total $
971,000.00
All Other Accounts
Federal Deposit Insurance Corporation $
100,000.00
Trusteed with American Bank, N.A.:
Federal Home Loan Bank 5.33 02/04/2002 276006321
250,000.00
5.33 02/04/2002 276006322
250,000.00
5.33 02/04/2002 276006323
250,000.00
. 5.67 07/21/2000 276006324
500,000.00
5.33 02/04/2002 276006325
250.000.00
Sub-Total $ 1,500,000.00
TOT AL - American Bank - Bozeman $ 2,571,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions
of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the
Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman
funds as of June 30, 2000, by the banks of Bozeman and approve and accept the same.
MARCIA B. YOUNGMAN, Mayor
JARVIS H. BROWN, Commissioner JOE N. FROST, Commissioner
. STEVEN R. KIRCHHOFF, Commissioner SANDRA l. SMilEY, Commissioner
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman;
those voting No, none.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your Information"
items.
( 1 ) Letter from Robert J. Paugh, 2444 Valley Center East, suggesting a compromise under
which Cliff Davis would be allowed to use his golf cart on the linear trail.
(2) Copy of a letter from Bob and Sherry Mcllhattan, 1700 Manley Road, dated July 27,
thanking the Gallatin County road crew for their maintenance of Mcllhattan Road and Manley Road.
(3) Memo from Health Officer Stephanie Nelson, dated August 2, delegating Tim Roark and
Ann Drenk will act on her behalf in her absences.
(4) Letter from US West Dex, dated August 2, announcing that 5.34 tons of used phone
books were collected during their recent recycling efforts in Bozeman, with 135,000 tons being
recycled in Bozeman since 1991.
(5) Packet of additional public comment regarding possible expansion of the City's landfill.
. (6) Letter from Sandy Osborne, 2845 Spring Meadows Drive, dated July 30, requesting
that the City require the installation of sidewalks along East Graf Street between South Third Avenue
and Colter Avenue, to ensure the safety of pedestrians in the area.
(7) Handout from the meeting Commissioner Brown attended on Friday regarding
coordinated response.
Commissioner Brown indicated that he had asked that this handout be forwarded to the
Commissioners. He noted that the meeting arose because of the recent Miller situation. He stated
that items of discussion revolved around a suggested procedure for victim notification which includes
making beepers available to victims, on which messages can be displayed. He stressed that victims
have some responsibility; and the governmental entities should not assume the responsibility of calling
a victim on the telephone. He concluded by indicating one of his major concerns is that no City staff
members were present at this meeting.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, August 8, at the Professional Building.
(9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
August 8, at the Courthouse.
(10) City Attorney Luwe stated he will be attending a settlement mediation case later this
. week, noting that the case may have significant state-wide impacts.
08-07-2000
- 13 -
(11 ) Acting City Manager Brey stated that Fire Engine No.1 has been towed to Billings for
repair and will, hopefully, be back in service within a few days.
. ( 12) Commissioner Frost noted the Sweet Pea parade was a high point on Saturday.
He
voiced his support for the significant City presence in the parade, including the library, the Police
Department and the Sanitation Department.
(13) Commissioner Kirchhoff stated that Bay Area Economics (BAE) has indicated the
preliminary draft of the fiscal impact statement is near completion, and may be sent late this week.
(14) Commissioner Smiley asked if anyone will be responding to Mr. Paugh's letter; Mayor
Youngman asked that she respond.
( 15) Mayor Youngman noted the Commission has received a request from the Montana
Peoples Action, in the form of a proclamation posted on the file cabinets in the Clerk's Office, for
another work session on the living wage issue. She asked how the Commission wishes to proceed
with this issue, noting that staff has gathered some information which the Commission has not yet
seen. She suggested that the Commission meet with staff first and then identify the timeline and
process to be followed; the Commissioners concurred.
Consent Items
Acting City Manager Bray presented to the Commission the following Consent Items.
. AcknowledQe receiDt of letter from Bon Ton. Inc.. and David C. Jarrett reauestina
creation of a special imDrovement liQhtinQ district for Allison Subdivision. Phase
II: refer to staff
Commission Resolution No. 3378 - authorize City Manaaer to siQn Chanae Order
No.5 - Oak Street-North 7th Avenue to North Rouse Avenue - JTL GrouD. Inc..
Belarade. Montana - add $15.093.14 and 4 calendar days
COMMISSION RESOLUTION NO. 3378
A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA. APPROVING
AL TERATION/MODIFICATION OF CONTRACT WITH JTL GROUP, INC., BELGRADE,
MONTANA.
Ratify City Manaaer's sianature - Contract AQreement for GPS Collection of Hydrants -
Terra InCOQnita GPS MaDDinQ. Inc.
Ratify sponsorship letters to the Montana Cultural Trust for Qrant reauests from the
PerforminQ Arts Center and Bozeman Symphony
Authorize City Manaaer to sian - RiQht-of-Way Agreement for TemDOrary Construction
Permit - US Postal Service (traffic sianal work at intersection of North 19th
Avenue and Baxter Lane)
.
08-07-2000
- 14 -
Commission Resolution No. 3379 - establishina a revised SID policv
. COMMISSION RESOLUTION NO. 3379
A RESOLUTION OF THE CITY
COMMISSION OF BOZEMAN, MONT ANA,
ESTABLISHING THE CITY OF BOZEMAN'S SPECIAL IMPROVEMENT DISTRICT POLICY
AND REPEALING ALL EXISTING SPECIAL IMPROVEMENT DISTRICT POLICIES.
Commission Resolution No. 3380 - intent to create SID No. 666 - street improvements
in Vallev West Annexation: set public hearina for September 5. 2000
COMMISSION RESOLUTION NO. 3380
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 666: DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREATE AN EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 666 FOR THE PURPOSE OF UNDERTAKING
ACQUISITION OF CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS
THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL
IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT
DISTRICT REVOLVING FUND.
Commission Resolution No. 3381 - intent to create SID No. 667 - water improvements
in Vallev West Annexation: set public hearina for SePtember 5, 2000
. COMMISSION RESOLUTION NO. 3381
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 667; DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREA TE AN EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 667 FOR THE PURPOSE OF UNDERTAKING
ACQUISITION OF CERTAIN lOCAL IMPROVEMENTS AND FINANCING THE COSTS
THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL
IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT
DISTRICT REVOLVING FUND.
Commission Resolution No. 3382 - intent to create SID No. 668 - sewer improvements
in Vallev West Annexation: set public hearina for September 5, 2000
COMMISSION RESOLUTION NO. 3382
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RElA TING TO SPECIAL IMPROVEMENT DISTRICT NO. 668: DECLARING IT TO BE THE
INTENTION OF THE CITY COMMISSION TO CREA TE AN EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 668 FOR THE PURPOSE OF UNDERTAKING
ACQUISITION OF CERTAIN lOCAL IMPROVEMENTS AND FINANCING THE COSTS
THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL
. IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT
DISTRICT REVOLVING FUND.
08-07-2000
- 15 -
Acknowledae receiDt of Detition for annexation of 27.730 acres described as Lot
. 4A. Minor Subdivision No. 221A (1.000 feet south of intersection of North
27th Avenue and East Valley Center Drive) ~ Bozeman School District No.7
Commission Resolution No. 3383 - intent to annex 27.730 acres described as Lot 4A.
Minor Subdivision No. 221A (1.000 feet south of intersection of North 27th
Avenue and East Valley Center Drive)
COMMISSION RESOLUTION NO. 3383
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE
INHABITANTS THEREOF AND THE OWNERS OF A TRACT OF LAND TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 3384 - intent to amend the 1990 Bozeman Area Master
Plan Update to establish initial land use elements of "Public Lands and ODen
Space" and "Commercial" on 27.730 acres described as Lot 4A. Minor
Subdivision No. 221A (1.000 feet south of intersection of North 27th Avenue
and East Valley Center Drive)
COMMISSION RESOLUTION NO. 3384
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
. STATING THE CITY'S INTENT TO REVISE THE 1990 BOZEMAN AREA MASTER PLAN
UPDATE BY ESTABLISHING AN INITIAL LAND USE ELEMENT OF "PUBLIC LANDS
AND OPEN SPACE" AND "COMMERCIAL" ON 27.730 ACRES LOCATED ON A TRACT
OF LAND BEING LOT 4A OF MINOR SUBDIVISION NO 221A SITUATED IN THE
SOUTHWEST ONE-QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST.
MONTANA PRINCIPAL MERIDIAN.
Acknowledae receiPt of letter from Wayne JenninCls. attorney for the Vector GrouP.
LLC. reauestina creation of a special improvement liahtina district for Ferauson
Meadows Subdivision: refer to staff
Authorize City ManaCler to siCln - AcceDtance of Sewer and Water PiDeline and Access
Easement and Aareement ~ Y ellowstone Center. LlC - 25~foot~wide easement
across Block 5. Block 3. Advanced Technoloay Park Subdivision. Phase 3A
Authorize City ManaCler to siCln . Acceptance of Water Pipeline and Access Easement
and Aareements ~ (1) Roaer B. and Sandra D. Hamilton. (2) Ronald l. Davis and
(3) Bozeman School District No. 7 ~ 30~foot-wide easements to extend
waterline from Catron Street to the bus barn site
Authorize City Manager to sian - Acceptance of Water Pipeline and Access Easement
and Aareement ~ Ronald l. Davis - 65-foot-wide temporary construction
. easement across a portion of Tract 1. COS No. 2050 (for waterline to bus barn
site)
08-07-2000
- 16 -
Authorize City Manager to sian ~ Aareement for Appraisal Services - The AARM Group
. - for the West Babcock Street proiect
Acknowledae receiPt of Detition for creation of a Hiah School Area residential parkina
district on West Lamme Street and North 10th Avenues: refer to staff
Authorize City Manaaer to sian - Aareement with Dick Pohl - for preparation of master
clan for Burke Park/Peets' Hill
Authorize City Manaaer to sian - Improvements Aareement for Kirk Park - Gallatin
County 4-H Skate Park Proiect (for construction of skate park at Kirk Park)
Authorize City Manaaer to sian - Grant Allocation Aareement for the FY2000-2001
Juvenile Accountability Incentive Block Grant: authorize letter of support for
proaram
Authorize Mayor to sian - Findinas of Fact for Westfield South Subdivision, Phase III
(subdivide 24.22 acres described as part of Tract 1 and all of Tract 2, CDS No.
1700, located in the SE1k, Section 24. and the NE1k, Section 25, T2S, R5E,
MPM into 59 residential lots and 4 lots of open space) (south of existina
Westfield South Subdivision between South 3rd Avenue and Waaon Wheel
Road) (P-0022)
Claims
. It was moved by Commissioner Brown. seconded by Commissioner Frost, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost. Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No. none.
Recess - 5:05 p.m.
Mayor Youngman declared a recess at 5:05 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Youngman reconvened the meeting at 7:00 p.m.. for the purpose of conducting the
scheduled public hearings.
Public hearina - Commission Resolution No. 3371 - levying and assessina street maintenance district
assessments for Fiscal Year 2000-2001
. This was the time and place set for the public hearing on levying and assessing street
maintenance district assessments for Fiscal Year 2000-2001, as set under Commission Resolution No.
3371, entitled:
08-07-2000
- 17 -
COMMISSION RESOLUTION NO. 3371
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2001 UPON
ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Youngman opened the public hearing.
Acting City Manager Brey noted a 3-percent inflationary increase is proposed in the rates and,
for a typical residential lot, the result is an increase of $2.09 per year.
No one was present to speak in support of or in opposition to the proposed assessments.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission
Resolution No. 3371, levying and assessing street maintenance district assessments for Fiscal Year
2000-2001, be finally adopted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown
and Mayor Youngman; those voting No, none.
. Public hearina - Commission Resolution No. 3372 - levvina and assessina tree maintenance district
assessments for Fiscal Year 2000-2001
This was the time and place set for the public hearing on levying and assessing of the tree
maintenance district assessments for Fiscal Year 2000-2001, as set forth in Commission Resolution
No. 3372, entitled:
COMMISSION RESOLUTION NO. 3372
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2001 UPON
ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Youngman opened the public hearing.
Acting City Manager Brey indicated that a 5.5-percent increase is being proposed in these
rates, with 3 percent to cover inflationary costs and the remaining 2.5 percent being used to partially
fund the capital improvement program. He stated that, for a typical residential lot, the increase will
be 78 cents per year.
. Superintendent of Facilities and Lands James Goehrung stated that the proposed increase will
help to fund a boom truck to replace the 1984 truck currently being used by the crews.
08-07-2000
- 18 -
No one was present to speak in support of or in opposition to the proposed assessments.
. Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Responding to Commissioner Frost, Superintendent Goehrung stated that an Arbor Day
celebration is held annually and the documentation to retain Bozeman's Tree USA status is sent in
annually. He noted, however, he has not seen any signs lately.
Commissioner Smiley voiced her concern about the number of trees being damaged by children
every year, and stressed the importance of getting information out on the need to protect those small
trees.
Responding to Commissioner Frost, Superintendent Goehrung stated it would be difficult for
the City to undertake a large tree planting project, like the Conservation Corp has recently done, in
addition to their current workload. He noted, however, that if another full-time person is hired and
the Commission identifies a corridor, the City could undertake a tree planting and irrigation system
installation program.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission
Resolution No. 3372, levying and assessing tree maintenance district assessments for Fiscal Year
2000-2001, be finally adopted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost
and Mayor Youngman; those voting No, none.
. Public hearina - Preliminary plat for minor subdivision - Delaney & Company and Tom & Tamara Cox -
Amended Subdivision Plat of Lots 1 and 2. Block D. Rouse Addition: Tracts A and B. cas No.
C-23-A9: Tract 3. cas No. 2066: all of Block 31. Northern Pacific Addition. which includes Tract 2.
cas No. 2066: and that part of Ida Avenue and all of the alley adioinina Block 31 of Northern Pacific
Addition (northwest corner of intersection of East Main Street and Broadway Avenue) (P-0026)
This was the time and place set for the public hearing on the preliminary plat for a minor
amended subdivision plat of Lots 1 and 2. Block D. Rouse Addition; Tracts A and B, cas No.
C-23-A9; Tract 3, cas No. 2066; all of Block 31, Northern Pacific Addition. which includes Tract 2,
cas No. 2066; and that part of Ida Avenue and all of the alley adjoining Block 31 of Northern Pacific
Addition, as requested by Delaney & Company and Tom & Tamara Cox under Application No. P-0026.
The subject property is located at the northwest corner of the intersection of East Main Street and
Broadway Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Therese Berger presented the staff report. She stated that under this
application. twelve lots are to be aggregated into two lots; and the boundary between the two
properties is to be realigned. She noted that staff has reviewed this application in light of the criteria
set forth in the subdivision regulations. and staff's comprehensive findings are contained in the written
staff report. She stated that the Planning Board conducted its review of this application at its July
17 meeting and, following that review, concurred with staff's recommendation for approval. subject
. to six conditions. She noted that the Board also recommended approval of a partial waiver of the
environmental impact assessment.
08-07-2000
------.-----.--
- 19 -
Mr. Michael Delaney, applicant, stated that the application is for Lots 1, 2 and 3, Block D,
Rouse Addition; however, the line on the map does not include the third lot. He indicated the result
. is that thirteen lots are to be aggregated into two lots. He noted that they have done everything
possible to ensure that the land is clean; and they have received a clean bill of health from the
Department of Environmental Quality in Helena.
Following review of the advertisement for this hearing, Acting City Manager Brey recommended
that the Commission proceed with consideration of this item, noting that if a problem arises, it can
be addressed through a subsequent action.
No one spoke in opposition to the preliminary plat.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Responding to Commissioner Frost, Assistant Planner Therese Berger stated that lighting on
the site is a zoning issue; and that type of issue cannot be addressed on a preliminary plat, which is
a planning issue. She noted, rather, the lighting can be addressed during consideration of the 777
project, which will be before the Commission in the near future. She noted that the Planning
Department has also asked Mr. Delaney to bring the lights on the Marketplace project into compliance
with the zone code.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
preliminary plat for a minor amended subdivision plat of Lots 1 and 2, Block D, Rouse Addition; Tracts
A and B, cas No. C-23-A9; Tract 3, cas No. 2066: all of Block 31, Northern Pacific Addition, which
includes Tract 2, cas No. 2066: and that part of Ida Avenue and all of the alley adjoining Block 31
. of Northern Pacific Addition, as requested by Delaney & Company and Tom & Tamara Cox under
Application No. P-0026, be approved, subject to the following conditions:
1. The preliminary plat submittal must be in conformance with the Bozeman
Interim Subdivision Regulations, Section 16.08.050, and Section 16.10.070.;
and must include a platting certificate prepared by a Montana title company.
2. All certificates will need to conform with Chapter 16.32 of the Bozeman Interim
Subdivision Regulations.
3. Per Sections 16.14.140, and 16.08.040, the subdivider shall enter into a
Memorandum of Understanding with the Gallatin County Weed District. The
Memorandum of Understanding shall be signed by the District and the
subdivider prior to final plat approval, a copy of the signed document submitted
to the Planning Department with the application for final plat approval.
4. Both the Ida Avenue right-of-way and the east-west alley through Lot 2 must
be vacated through a Commission ordinance prior to final plat approval.
5. The title block must be changed to eliminate "777 East Main Street Minor
Subdivision No. ". The corrected title block should state" Amended Plat of
.... (legal description)".
.
08-07-2000
- 20 -
6. Right-of-way dedications shall be clearly identified on the plat. and the property
. encumbered by a street right-of-way easement at the northeast corner of Lot
1 shall be dedicated as right-of-way.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff. Commissioner Brown. Commissioner Frost. Commissioner Smiley and Mayor Youngman;
those voting No. none.
Public hearina - Conditional Use Permit - Stromboli's Restaurant - allow sale of beer and wine on an
unDlatted Darcel located alona south side of West Main Street between South 11 th and South 15th
Avenues under a "Cabaret" Beer and Wine license (1234 West Main Street) (Z-0076)
This was the time and place set for the public hearing on the Conditional Use Permit requested
by Stromboli's Restaurant under Application No. Z-0076. to allow the sale of beer and wine on an
unplatted parcel located along the south side of West Main Street between South 11 th Avenue and
South 15th Avenue under a "Cabaret" Beer and Wine License. The subject property is more
commonly known as 1234 West Main Street.
Mayor Youngman opened the public hearing.
Assistant Planner Jami Morris presented the staff report. She stated that staff has reviewed
this application in light of the criteria set forth in the zone code; and staff's comprehensive findings
are contained in the written staff report. She distributed to the Commissioners a notarized letter from
the applicant requesting a modification to his application to voluntarily comply with recommended
. Condition No.2, which restricts the hours of serving. She noted this is in response to a question
raised during last week's agenda meeting. She briefly highlighted some of the recommended
conditions of approval. and concluded by forwarding staff's recommendation for approval.
City Attorney Luwe noted the City Attorney's office had voiced concern that the recommended
Condition No.2 is not enforceable in a general government powers city. since it could be construed
as interfering with regulation of a liquor license. He stated. however. the applicant may voluntarily
impose that requirement on himself. which he has done with his notarized letter. He noted. however.
the Commission may regulate the signage. As a result of the changes that have occurred. he
suggested that the Commission revise Condition No.2 to address the signage issue only.
Mr. Dave Greef. applicant. indicated a willingness to respond to questions.
No one was present to speak in opposition to the requested Conditional Use Permit.
Since there were no Commissioner objections. Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown. seconded by Commissioner Frost. that the Commission
approve the Conditional Use Permit requested by Stromboli's Restaurant under Application No.
Z-0076. to allow the sale of beer and wine on an unplatted parcel located along the south side of
West Main Street between South 11 th Avenue and South 15th Avenue under a "Cabaret" Beer and
Wine License. subject to the following conditions:
.
08-07-2000
- 21 -
1. The applicant shall obtain a City of Bozeman Liquor License, and provide the
. Planning Office with a copy of the license, prior to the sale of alcoholic
beverages at the restaurant.
2. Alcohol shall not be served, displayed or advertised in any manner on the
premises until after 5:00 p.m" on any day during which any school within 600
feet is in session. In addition, no beer and/or wine advertisements shall be
displayed on the exterior of the building or in the windows at any time.
3. A copy of the State Revenue Department on-premise restaurant beer and wine
license to serve beer and wine at the restaurant at 1234 West Main Street shall
be submitted to the Planning Office within one year of approval of the
Conditional Use Permit and prior to the sale of alcoholic beverages at said
restaurant. The permit shall become invalid upon failure to provide the
necessary documentation prior to the one year deadline. Furthermore, any
expansion, modification, or enlargement in the scope of the on-premise
restaurant beer and wine license or its use, as established as of the date of
issuance of the license, will require another authorized Conditional Use Permit.
4. The applicant shall provide the Planning Department with a sign plan depicting
the type, size and location of all existing and proposed signage and obtain any
necessary sign permits. In addition, the illegal sandwich board (portable) sign
in front of the site must be removed immediately and permanently per Section
18.65.040.
. 5. The right to a Conditional Use Permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the Conditional Use Permit
procedure. All of the special conditions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns,
and shall be recorded as such with the Gallatin County Clerk and Recorder's
Office by the property owner prior to the commencement of use.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those
voting No, none.
Continued Dublic hearina - Commission Resolution No. 3367 - intent to annex 27.730 acres described
as Lot 4A, Minor Subdivision No. 221A (1,000 feet south of intersection of North 27th Avenue and
East Vallev Center Drive) - Bozeman School District No.7 (A-0002)
This was the time and place set for the continued public hearing on the intent to annex 27.730
acres described as Lot 4A, Minor Subdivision No. 221 A, as set forth in Commission Resolution No.
3367, entitled:
COMMISSION RESOLUTION NO. 3367
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENT
ION OF THE CITY OF BOZEMAN,
THE
INHABIT ANTS THEREOF AND THE
INHABIT ANTS OF A TRACT OF
LAND
08-07-2000
..--.-
... .--------
-...---.--.-------
- 22 -
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
. INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
.
Mayor Youngman reopened the continued public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that this public
hearing be tabled indefinitely. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and
Mayor Youngman; those voting No, none.
Break - 7:25 to 7:30 D.m.
Mayor Youngman declared a break from 7:25 p.m. to 7:30 p.m., in accordance with
Commission policy.
Public hearinQ - Commission Resolution No. 3383 - intent to annex 27.730 acres described as Lot 4A,
Minor Subdivision No. 221A (1 ,000 feet south of intersection of North 27th Avenue and East Vallev
Center Drive) - Bozeman School District No.7 (A-0002)
This was the time and place set for the continued public hearing on the intent to annex 27.730
acres described as Lot 4A, Minor Subdivision No. 221 A, as set forth in Commission Resolution No.
3383, entitled:
. COMMISSION RESOLUTION NO. 3383
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE
CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE OWNERS OF A TRACT OF LAND TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
Mayor Youngman opened the public hearing.
Senior Planner Dave Skelton presented the staff report, noting the subject property is located
approximately 1,000 feet south of the intersection of North 27th Avenue and East Valley Center
Drive; and the new bus barn is being constructed on a portion of the site. He reminded the
Commission that this property was the subject of the previous public hearing; however, that process
was abandoned because the property is not contiguous, and the petition process was undertaken.
The Senior Planner stated that North 27th Avenue is being realigned and will bisect this
property, with 8 + acres being located on the east side of the street and 18 + acres on the west side.
He indicated that Catron Street is the key east/west street close to the property.
The Senior Planner stated that staff has reviewed this requested annexation in light of the goals
. and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are
contained in the written staff report which was previously distributed to the Commission. He briefly
08-07-2000
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- 23 -
highlighted the findings, noting that staff recommends approval of the annexation, with the following
. issues being addressed:
1. The Annexation Agreement shall include executed Waivers of Right to Protest
the Creation of Special Improvement Districts for:
a. Street improvements to include paving, curb and gutter, sidewalk
and storm drainage improvements and any associated traffic
signals for North 27th Avenue and Catron Street.
b. Trunk sewer main improvements to serve the property as
outlined in the Wastewater Facility Plan.
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternative financing method for the completion of said improvements on a fair
share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development or a
combination thereof.
2. That the applicant execute at the Gallatin County Clerk & Recorder's Office a
waiver of right to protest creation of SIDs for a City-wide Park Maintenance
District, which would provide a mechanism for the fair and equitable
assessment of maintenance costs for City parks as part of the Annexation
Agreement.
. 3. Upon annexation and availability of service as defined by city code, all dwellings
shall connect to city water and sewer services.
4. The installation of the water main and appurtenances to serve the property,
shall be installed to City of Bozeman standards and accepted by the City prior
to annexation.
5. The land owner shall provide a 30-foot public street and utility easement along
the south property line for Hulbert Road.
6. An Annexation Map with a legal description of the property must be submitted
by the applicant for use with the Annexation Agreement. The map must be
supplied on a mylar for City records (18 inches by 24 inches), and on an 8 Yz by
11-inch or 8 Yz by 14-inch paper for filing with the Annexation Agreement with
the County Clerk & Recorder. This map must be acceptable to the Director of
Public Service, and shall be submitted with the signed Annexation Agreement;
and
7. That the Annexation Agreement shall be signed and submitted to the City of
Bozeman, with all the conditions of approval having been met, within one year
of City Commission approval of the application.
. Mr. Gary Griffith, Bozeman School District No.7, indicated he has no comments on the
annexation, but will respond to Questions. He noted, however, the major issue will be whether the
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10 acres east of North 27th Avenue should be zoned M-1 or BP. He indicated that, while the School
. District has no problem with either zoning designation, they have an obligation to the Milligans, should
they purchase the property, to support an M-1 designation. He stated the School District has no
problem with their operation being located immediately across the street from the school property.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve annexation of the subject property, and authorize and direct staff to bring back
an Annexation Agreement for Commission consideration. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner
Brown, Commissioner Frost and Mayor Youngman; those voting No, none.
Public hearina - Master Plan Amendment to establish initial land use designation of "Public Lands/ODen
Space" and "Commercial" - Bozeman School District No.7. 27.730 acres described as Lot 4A. Minor
Subdivision No. 221 A (1.000 feet south of intersection of North 27th Avenue and East Vallev Center
Drive ) (P-0020)
This was the time and place set for the public hearing on the Master Plan Amendment. as
requested by Bozeman School District No.7 under Application No. P-0020. to establish an initial land
use designation of "Public Lands/Open Space" and "Commercial" on 27.730 acres described as Lot
4A, Minor Subdivision No. 221 A. The subject property is located approximately 1.000 feet south of
the intersection of North 27th Avenue and East Valley Center Drive.
. Senior Planner Dave Skelton distributed a memo dated August 7, after which he presented the
staff report. He stated that under this application, the land use designation on the 18 + acres along
the west side of North 27th Avenue is to be "Public Lands/Open Space" and on the 8 + acres along
the east side of North 27th Avenue is to be "Commercial". He noted that adequate access to arterial
streets is imperative, particularly in light of the fact that the long-range plan is to use the entire 18
acres for school purposes, including a school bus barn and potentially a new school.
Senior Planner Skelton stated that staff has reviewed this application in light of the criteria set
forth in the zone code; and the staff's comprehensive findings are contained in the written staff report.
He noted that the Zoning Commission considered the attendant application for zone map amendment
at its meeting on July 18 and, following its public hearing, forwarded a recommendation that the
zoning on the eastern portion be "BP", Business Park, rather than the requested "M-1", Light
Manufacturing. He indicated that both of those zoning designations fit under the proposed
"Commercial" land use designation; however, a "Business Park/Institutions" land use designation may
be more appropriate if the Commission chooses the "BP" zoning designation.
Senior Planner Skelton stated that the Planning Board considered this application at its meeting
held on July 18 and, following that consideration, forwarded its recommendation for approval of the
master plan amendment as requested by the School District.
Commissioner Smiley noted that the possibility of locating a school on the western portion of
the property results in some questions about whether "M-1" zoning is appropriate for the eastern
. portion of the property.
08-07-2000
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Mr. Gary Griffith, Bozeman School District No.7, indicated a willingness to respond to
. questions.
Responding to Commissioner comments, Senior Planner Skelton stated that the land use
designations are soft edged; and "BP", "M-1" or "M-2" zoning would be allowed under a "Business
Park/lnstitutions" designation.
Commissioner Smiley noted that the bus barn is being moved from a residential area to this
new site; and she does not want to see residential development occur adjacent to the new bus barn
site.
Commissioner Kirchhoff suggested that the entire parcel be zoned "PU", particularly in light
of master planning the larger northwest quadrant.
Mayor Youngman stated she feels the "Business Park/Industrial" land use designation makes
sense, and indicated a willingness to initially zone the entire parcel as "Public Lands and Institutions",
recognizing that the eastern portion of the property will need to be subsequently rezoned in a manner
that is consistent with plans for the larger area.
Mr. Gary Griffith, Bozeman School District No.7, stated that, from the very beginning, the
School District has anticipated constructing a bus barn on the northern portion of the site and a school
on the southern portion of the site, and has been comfortable with an industrial site being located
across the street.
Mr. Bob Lee, Morrison-Maierle, reminded the Commissioners that approximately 2 Y2 years ago,
e the four landowners and their consulting engineers met in an effort to identify the alignment of North
27th Avenue and the type of development that should occur in this general area. He noted the
consensus was that the property east of the North 27th Avenue alignment be used as a transition
from the large retail stores into residential development west of North 27th Avenue. He noted that,
in so doing, they chose the "M-1" zoning designation because of its reduced list of permitted uses.
He noted that a "BP" zoning would be more people oriented than the proposed "M-1" zoning
designation. He suggested that, in light of the activities that will be occurring on both sides of the
small parcel, an "M-1" zoning would be more appropriate.
Senior Planner Skelton noted that the residents in the area support the proposed" M-1 " zoning
designation.
Mr. Richard Milligan, owner of Bozeman New Holland, stated that they entered into a contract
with the previous owner of the 28-acre parcel to purchase the eastern portion; however, that
individual subsequently chose to sell the entire 28 acres to the School District. He stated that, since
they currently lease their location on North 7th Avenue and, due to economic reasons, need to
relocate, they have worked with the School District to locate their business on the east side of North
27th Avenue. He stated their business is very low intensity in terms of traffic and noise; and it would
be a good neighbor to the bus barn.
Responding to Commissioner Smiley, Senior Planner Skelton indicated that the proposed
equipment dealership could be a conditional use under the "BP" zoning designation. He then proposed
e that architectural and landscape guidelines be required in conjunction with the subdivision of this
property, reminding the Commission that the School District does not need to meet the requirements
of the zone code on that portion of the property that it retains.
08-07-2000
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Since there were no Commissioner objections. Mayor Youngman closed the public hearing.
. During discussion. a number of the Commissioners expressed concern about the proposed
"M-1" zoning and trying to make a decision at this time. As a result of those concerns. City Attorney
luwe suggested that the Commission delay its decisions on this and the subsequent agenda item until
the Annexation Agreement is brought back for Commission consideration.
It was moved by Commissioner Kirchhoff. seconded by Commissioner Brown. that action on
this requested Master Plan Amendment be tabled until the Annexation Agreement is brought back for
Commission consideration. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Kirchhoff. Commissioner Brown. Commissioner Frost. Commissioner Smiley and
Mayor Youngman; those voting No. none.
Continued Dublic hearinQ - Zone MaD Amendment. Bozeman School District No.7 - establish initial
urban zonina desianations on 27.730 acres described as lot 4A. Minor Subdivision No. 221A (1.000
feet south of intersection of North 27th Avenue, and East Vallev Center Drive) as follows: IIM-111,
liQht Manufacturina. on the east 8.821 acres and "PU" , Public lands and Institutions. on the west
, 8.908 acres (Z-0044)
This was the time and place set for the public hearing on the Zone Map Amendment. as
requested by Bozeman School District No.7 under Application No. Z-0044, to establish initial zoning
designations of "PU". Public lands and Institutions" and "M-1 ". Light Manufacturing on 27.730 acres
described as lot 4A. Minor Subdivision No. 221 A. The subject property is located approximately
1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive.
. Mayor Youngman opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that under this application.
the 18.908-acre parcel located west of North 27th Avenue is to be zoned "PU", Public lands and
Institutions, while the 8.821-acre parcel along the west side of North 27th Avenue is to be zoned
"M-l". light Manufacturing. He stated that staff has reviewed this application in light of the twelve
criteria contained in the zone code; and staff's comprehensive findings are contained in the written
staff report.
The Senior Planner stated that the Zoning Commission reviewed this application at its July 18
meeting and. following consideration of the criteria. the written staff report and public testimony, they
forwarded a recommendation that the eastern portion of the property be zoned "BP". Business Park.
Mr. Richard Milligan stated he does not care what the zoning on the eastern portion of the site
is as long as he can locate his implement dealership there.
Since there were no Commissioner objections. Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown. seconded by Commissioner Frost. that action on this
Zone Map Amendment be tabled until the Annexation Agreement is brought back for Commission
consideration. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Brown. Commissioner Frost. Commissioner Smiley. Commissioner Kirchhoff and Mayor
Youngman; those voting No. none.
08-07-2000
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Public hearina - intent to annex 201 acres located in the SEv.. and that portion of the SWv.. Iyina east
. of the County road in Section 30. T1S. RGE. MPM (landfill. 2143 Story Mill Road) - City of Bozeman
(A-0004)
This was the time and place set for the public hearing on the intent to annex 201 acres located
in the Southeast one~quarter and that portion of the Southwest one-quarter lying east of the County
road in Section 30. Township 1 South. Range 6 East, Montana Principal Meridian, as set by
Commission Resolution No. 3368, entitled:
COMMISSION RESOLUTION NO. 3368
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
DECLARING IT TO BE THE INTENTION
OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE
INHABIT ANTS OF A TRACT OF
LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Youngman opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He stated the subject 201-acre
parcel is located immediately north of Bridger Creek Golf Course and Bridger Creek Subdivision, Phase
III, along the west side of Story Mill Road, and is the site of the City's landfill. He noted that staff has
reviewed this application in light of the four goals and eleven policies set forth in Commission
Resolution No. 3137; and staff's comprehensive findings are contained in the written staff report.
. He briefly highlighted some of the staff's findings and issues to be addressed prior to annexation. and
concluded with staff's recommendation for approval of the annexation, subject to the following issues
being addressed:
1. An annexation map shall be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar (either 24-inch
by 36-inch or 18-inch by 24-inch format) for City records and on either letter
or legal size paper for filing with the Annexation Agreement with the County
Clerk and Recorder.
2. Fire and Street Impact Fees for the existing buildings on the subject property
shall be paid concurrently with the annexation of the property. At the time
connection permits are sought to connect the existing buildings to the City's
Water and Sewer facilities and approved, those impact fees shall also become
due. The City Commission may choose not to impose this discretionary
requirement of annexation.
3. Water rights, or cash~in-lieu thereof, in an amount sufficient to supply the site
with City water (as calculated by the Director of Public Service) shall be
provided by the applicant in accordance with the City's policy as required with
the Annexation Agreement to the City of Bozeman.
4. Waivers of Right to Protest Creation of SIDs shall be provided and filed with the
. County Clerk and Recorder's office for the following:
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- 28 -
a. Curb, gutter, paving, storm drainage for Story Mill Road and
. Mclllhattan Road, and signalization at the intersection of Story
Mill Road and Mclllhattan Road and at the intersection of Story
Mill Road and Bridger Drive.
b. Sewer and Water improvements which provide services to the
property, including trunk and main lines.
c. City wide park maintenance district.
The Waiver shall specify that in the event SIDs/RIDs are not utilized for the
completion of these projects, the property owner shall agree to participate in an
alternative financing method for completion of said improvements on a fair
share, proportionate basis as determined by square footage of the property,
linear front footage of the property, taxable valuation of the property, or
combination thereof.
6. The Annexation Agreement shall be signed and submitted to the City of
Bozeman, with all the conditions of approval having been met, within one year
of City Commission approval of the application.
7. Easements of a width conforming with the transportation plan shall be provided
for Story Mill Road and Mclllhattan Road. Both roads are designated collectors.
8. A storm water master plan shall be devised and approved by the City Engineer's
. office prior to additional development of the property.
9. Prior to additional development of the property a traffic analysis may be
required.
10. Utilities shall be extended as necessary at the expense of the landowner in
possession of the property at the time of development. Any necessary utility
easements, conforming to City standards, shall be provided as necessary for the
extension of utilities.
11. Water and Sewer services shall be extended at the expense of the landowner
in possession of the property at the time services are extended.
12. Future development of the property may be restricted due to the existing landfill
operations.
Mr. Charles Bowen, owner of property on the northern boundary of the landfill, spoke in
opposition to the requested annexation. He noted the timing of this proposal for annexation seems
to tie directly to the proposal to expand the landfill; and he believes the purpose of the annexation is
to eliminate any possibility of County review on any proposal to expand. He noted the Commission
is currently considering several different options for what to do with the landfill; and he feels that
decision should be made before annexation of any or all of the current landfill site is considered.
. Mr. Bowen noted there have been complaints by the neighbors about relations with "the landfill
people", citing the location of the new storage building at the landfill as an example. He suggested
08-07-2000
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that, if the building had been moved 200 feet, it would not have been visible from the road, the golf
. course, the adjacent subdivision or his house; and staff had that input prior to construction of the
building. He also noted that staff has ignored neighbor complaints about the fence, a six.foot chain
link fence which he characterized as "a terrible eyesore". He concluded by discussing the shooting
range for the Police Department, which was constructed in 1992, then considered by the County
Planning Board, and subsequently withdrawn because of neighbor opposition.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Associate Planner Chris Saunders stated the property is currently in a county zoning district.
He noted that, under State statutes, the City is not bound by zoning restrictions; rather, if the City
chooses to do something contrary to zoning, it needs to only hold an informational hearing before the
Board of Adjustment. He stated that, if the property is annexed, under the City's own zoning
ordinance, this property will be subject to the same review processes and zoning requirements as a
private development. As a result, he noted that if this property is annexed, it will be subjected to
greater public review opportunities than are currently available. He stated City property, if it is
adjacent to city limits, should be annexed so that the chain of responsibility is clear.
City Attorney Luwe stated that, since this is City-owned property, there will be no annexation
agreement; rather, the motion should reference "upon compliance with the conditions".
Each of the Commissioners indicated support for annexation of this property, recognizing it as
the responsible thing to do.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
. authorize and direct staff to bring back a resolution of annexation upon compliance with the conditions
listed above. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor
Youngman; those voting No, none.
Public hearina . Zone Map Amendment - City of Bozeman. establish an initial zonina of "PU". Public
lands and Institutions. on 201 acres located in the SEY4 and that portion of the SWY4 Iyina east of
the County road in Section 30. T1S. RGE. MPM (landfill. 2143 Story Mill Road) (Z-OOG6)
This was the time and place set for the public hearing on the Zone Map Amendment. as
requested by the City of Bozeman under Application No. Z-0066, to establish an initial zoning
designation of "PU". Public Lands and Institutions. on 201 acres located in the Southeast one-quarter
and that portion of the Southwest one-quarter lying east of the County road in Section 30, Township
1 South. Range 6 East. Montana Principal Meridian. The subject property is more commonly located
immediately north of Bridger Creek Golf Course and Bridger Creek Subdivision. Phase III, along the
west side of Story Mill Road. and is the site of the City's landfill.
Mayor Youngman opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He stated that staff has reviewed
this application in light of the twelve criteria set forth in the Montana Code Annotated; and staff's
. comprehensive findings are contained in the written staff report. He noted that many of the criteria
are not applicable; and staff has found that the proposed zoning complies with those criteria that do
apply. He characterized the proposed zoning as providing a degree of protection to the public; and
08-07-2000
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noted that the existing landfill is a conditional use under the "PLI" zoning designation, thus subjecting
e any changes to a very stringent review process.
Responding to Mr. Charles Bowen, Associate Planner Chris Saunders stated that under the
"PLI" zoning designation, residential development is not allowed. He indicated that, if at some time
in the future, residential development is considered for a portion of the current landfill site, another
rezoning would be required and, at that time, the concentration of population would be addressed.
Mr. Charles Bowen reminded the Commission that, at next week's meeting, it will be
considering various options for the landfill; and those include possible residential development on the
northern portion. As a result, he encouraged the Commission to consider a zoning designation other
than "PLI" on that portion.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Associate Planner Saunders stated that, to allow for residential uses on the northern portion
of this property, a master plan amendment, a zone map amendment and preliminary plat will be
necessary. He noted that, at the present time, no decision has been made on whether residential
development is an option; and "PLI" is the most restrictive zone that can be placed on this parcel.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the Zone Map Amendment, as requested by the City of Bozeman under
Application No. Z-0066, to establish an initial zoning designation of "PLI", Public Lands and
Institutions, on 201 acres located in the Southeast one-quarter and that portion of the Southwest one-
quarter lying east of the County road in Section 30, Township 1 South, Range 6 East, Montana
. Principal Meridian, and authorize and direct staff to bring back an ordinance enacting the amendment
upon completion of the annexation. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner
Frost and Mayor Youngman; those voting No, none.
Adjournment - 9:05 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those
voting No, none.
MA/::;2N~~r
ATTEST:
. ~ ;/~~
ROBIN L. SULLIVAN
Clerk of the Commission
08-07-2000