HomeMy WebLinkAbout1998-05-18 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 18, 1998
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, Monday, May 18, 1998, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, Assistant 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.
City Manager Johnson requested that Commission Resolution No. 3237 be removed
from the Consent Items for discussion and that the Agreement and Instructions to Escrow
Agent and the Sewer Line Easement across the property owned by Joan Lewis and McDonald
Land Company Limited Partnership be removed from this agenda and rescheduled for a later
date.
.
Minutes - April 6, April 20, April 27 , Mav 4 and Mav 11 , 1998
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
minutes of the meetings of April 20 and May 11, 1998, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those
voting No, none.
Mayor Stiff deferred action on the minutes of the meetings of April 6, April 27 and May
4, 1998, to a later date.
. Review of recommendations of CDBG Economic Development loan Review Committee re
application submitted bv Montana ImmunoTech, Inc.
This was the time and place set for review of the recommendations from the Community
Development Block Grant Economic Development Loan Review Committee regarding the
application submitted by Montana ImmunoTech, Inc., for a loan from the COBG Economic
Development Revolving Loan Fund.
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Ms. Christina Boyle, Executive Director of the Gallatin Development Corporation, stated
that Montana ImmunoTech, Inc., (MIT) is a local pharmaceutical research company which
provides research development and testing to pave the way for licensing to major drug
manufacturers. She noted that one of their current projects is developing a faster way to
. detect E-coli in food products.
Ms. Boyle stated the company is four years old and meets the criteria for obtaining a
loan from the Community Development Block Grant Economic Development Revolving Loan
Fund. She stated the business is located in the Advanced Tech Park; it derives more than 50
percent of its revenues from outside the area; its matching funds are in the ratio of 7 Y2 to 1;
and it is anticipated that ten new high quality, higher paying jobs will be created.
Ms. Boyle stated that the Committee has reviewed this application and forwarded a
unanimous recommendation for approval of the requested $100,000 loan, subject to several
conditions.
Dr. John Jutila, President of Montana ImmunoTech, Inc., introduced those present at
this meeting, including Art Hommes, principal in Hommes & Tronson; Bob Warwood, Vice
. President for Business Management; and Dr. Robert Bargatze, Vice President for Research. He
stated that the company was formed in 1994 and is involved in product development through
the use of state-of-the art equipment and processes. He noted that they are unmatched in the
industry and are extremely competitive in the pharmaceutical market. He noted that they
currently have several products in development, two of which are now available for licensing
and are being reviewed by pharmaceutical firms. He stated they also have three patents and
four pending to protect their technology.
Dr. Jutila stated that sales for 1998 are projected at $1.2 million and, by the end of this
year, they expect to have 9 full-time equivalents in fifteen employees. He noted that,
according to the business plan, they project a significant increase in staffing levels by the end
of 1999.
. Dr. Jutila stated the company has been successful in garnering grants from the National
Institute of Health. It is the recipient of two Phase I innovation grants totalling $100,000 and
one Phase II grant for $750,000; and it has a Phase II application pending in the amount of
$500,000.
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Dr. John Jutila stated that the requested loan from the CDBG Economic Development
Revolving Loan Fund is to support the company's personnel and acquisition of equipment. He
noted the company is currently seeking a Chief Executive Officer. He also noted that acquiring
equipment to support their state-of-the-art science applications is also critical. He stated the
. company currently has a reputation for impeccable operation, and this loan would help them
to retain and enhance that reputation.
Commissioner Rudberg characterized this business as providing an important bridge
between the University and the community. She then stated it is a privilege for Bozeman to
house this company, which is recognized across the United States.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the $100,000 loan from the Community Development Block Grant
Economic Development Revolving Loan Fund requested by Montana ImmunoTech, Inc., subject
to the following conditions:
1. The terms of the five-year loan shall include (A) an interest rate of 8
percent per annum, (B) interest only ($666.67/month) for the first 12
months and (C) payments of approximately $2,441 .29/month for the next
. 48 months.
2. The applicant shall hire a Chief Executive Officer as described in the
Business Plan presented to the Commission.
3. The loan shall be repaid in full upon any of the following circumstances:
(A) the company is sold, (B) the company has an initial public offering, (C)
the current owners of the company, as listed in the Business Plan
presented to the Commission, have their collective ownership position
diluted to less than 50 percent share of the company.
4. Personal guarantees totalling $100,000 shall be provided by the following
four principals: John W. Jutila, Robert D. Wardwood, Robert F. Bargatze
and Mark A. Jutila.
5. The shareholder debt of $202,000 (deferred compensation for the
principals) may only be repaid with written consent from the Revolving
Loan Review Committee.
6. The loan is to be secured by a first lien on equipment, accounts receivable
and general intangibles, now owned or hereafter acquired, with exception
for purchase money security interest.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
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Preliminarv clat review for Westfield South. Phase II - Clair Daines - subdivide 10.667 acres
located in the SE%. Section 24. T2S. R5E. MPM. into 28 lots for residential uses (between
South 3rd Avenue and Waaon Wheel Road south of Westfield South): variance from Section
16.14.040 to allow sidewalks to be installed after final platting (P-9814)
This was the time and place set for review of the preliminary plat for Westfield South,
Phase II, as requested by Clair Daines under Application No. P-9814, to allow subdividing of
. 10.667 acres located in the Southeast one-quarter of Section 24, Township 2 South, Range
5 East, Montana Principal Meridian, into 28 lots for residential uses. In conjunction with this
application, the applicant is requesting a variance from Section 16.14.040 of the Bozeman
Municipal Code to allow the sidewalks to be installed after final platting. The subject property
is located between South 3rd Avenue and Wagon Wheel Road, south of Westfield South
Subdivision.
Associate Planner Chris Saunders presented the staff report. He distributed a revised
Planning Board resolution and identified the changes from the resolution submitted in the
packet, which inaccurately portrayed the Planning Board vote and failed to indicate that this
application will also be submitted to the County Commission for their action.
. The Associate Planner stated that under this application, approximately 10.6 acres are
to be subdivided into 28 residential lots. He noted that the subject property lies immediately
south of Westfield South Subdivision, and is the second phase of a four-phase subdivision. He
stated the City-County Planning Board conducted its public hearing on this preliminary plat at
its May 5 meeting and, following that hearing, consideration of the criteria and the
comprehensive staff findings which are contained in the written staff report, and consideration
of the testimony received, the Planning Board forwarded a recommendation for approval,
subject to thirteen conditions, and recommended approval of the requested variance.
Associate Planner Saunders briefly highlighted some of the recommended conditions for
approval of this application, noting that one of those conditions pertains to addressing the
downstream bottlenecks in the sewer system prior to final plat approval. He stated the
. applicant is willing to make the necessary improvements to the sewer system and would like
to receive credits on impact fees for those improvements. He cautioned that steps must be
taken to ensure this project is included as a priority project in the adopted impact fee capital
improvement program before those credits can be sought.
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Associate Planner Saunders stated that, since a small sliver of this subdivision lies in the
county, this application will also be submitted to the County Commission at its May 26 meeting
for approval. He noted that the portion lying in the county will be exclusively dedicated right.
of-way for South Third Avenue.
. Responding to Commissioner Frost, the Associate Planner stated that, under the code,
the developer has the option of either installing the sidewalks in conjunction with the street
improvements or financially guaranteeing their installation prior to final plat approval.
Responding to City Manager Johnson, the Associate Planner stated that all of the
parkland for the entire subdivision was dedicated with Phase I, and lies along the south edge
of that phase. He then stated that maintenance of the parkland and all of the private open
space is the responsibility of the homeowners' association.
Mr. Clair Daines, applicant, stated that, in addition to the park area which has been
dedicated, some linear park areas are also proposed; and those areas will be maintained by the
homeowners' association. He noted that the park area currently has established grass, and
trees are to be added.
. Mr. Daines stated he is willing to upgrading the sewer system between Hoffman Street
and Lincoln Street, at an estimated cost of $100,000. He noted, however, that this project's
share of those needed improvements is estimated at 15 percent, and there are two other
projects in the pipeline that need these improvements before they can move forward. He
encouraged the Commissioners to adopt the impact fee capital improvement program so that
this project is eligible for credits. He also asked that the Commission consider a payback
agreement so that future developers would also contribute toward these costs.
Mr. Daines then turned his attention to the sidewalk issue and the requested variance.
He reminded the Commission of the previous policy, under which a developer installed
sidewalks as parcels were developed or within three years after plat approval, whichever
occurred first. He stated that, with the new revisions to the subdivision regulations, sidewalks
. are once again being required prior to final plat approval, and that results in additional costs
because sidewalks are not designed to carry the heavy equipment used during construction,
and repair of the sidewalks is often needed. He also noted that the Commission has the
authority to order in sidewalks everywhere in the community, so if the lack of sidewalks
becomes an issue in the future, the mechanism exists to address the matter.
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Responding to Commissioner Rudberg, Mr. Daines stated that the Westfield Subdivision
is being developed in phases. He noted that the development has a total of 190 lots and, with
this phase, approximately 120 lots will be developed.
Further responding to Commissioner Rudberg, Mr. Daines confirmed that the order in
. which the lots will be developed is not known at this time. He also noted that the design of
the house and the location of the garage to be constructed on each lot is not known and, as
a result, it is difficult to determine where the six-inch section of sidewalk is to be located for
the driveway. He suggested that tying the installation of sidewalk to the issuance of the
occupancy permit by the Building Inspection Department seems to be a more appropriate way
to address this issue.
Commissioner Frost stated that constructing sidewalks as the houses are constructed
results in holes in the "people transportation system", particularly if some of the lots remain
vacant. He noted, as a result, the condition previously used did not work well. He then stated
that, since the water and sewer lines are stubbed in past the property line, connecting to those
services should not negatively impact the sidewalks.
. Mr. Clair Daines recognized that this has been an issue for many years. He then stated
that if he is required to install sidewalks throughout this subdivision or post a financial
guarantee, then sidewalks should be required in the entire community, as a matter of fairness.
He noted that posting a financial guarantee for the sidewalks will cost approximately $60,000.
Mr. Dave Crawford, consulting engineer, stated that under the new City policy, water
and sewer services are extended six feet into the property. He noted that if sidewalks are
installed in conjunction with the street improvements, however, problems arise as equipment
is run over the sidewalks to access the connections and extend the service lines to the house.
He stated that trucks carrying materials to the site must also drive over the sidewalk if it is
installed before the house is constructed, and those vehicles can also break it. He
characterized the installation of sidewalks after construction of the house as a practical issue,
. and encouraged the Commissioners to take the appropriate steps to allow that to occur.
Responding to Commissioner Rudberg, City Attorney Luwe stated that if the City crews
cause damage to the sidewalk, then the City is responsible for the costs of repairing it.
Further responding to Commissioner Rudberg, the City Attorney gave a brief overview
on the history of requiring sidewalks. He noted that several years ago, the City required that
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sidewalks be installed as part of the subdivision improvements. In response to developers
raising concerns about the damage that could result from heavy equipment and construction
activity, the Commission changed the condition to require that sidewalks be installed at the
time a house is constructed or within three years of final plat, whichever occurs first.
He
. noted, however, nobody required that the developer install those sidewalks at the end of three
years; and the Commission is now going through the process of ordering in those sidewalks
which were not installed. He recognized that Mr. Daines did not develop any of those
subdivisions in which that process is presently occurring.
City Attorney Luwe reminded the Commission that, in light of legislative changes in the
subdivision regulations, they have recently adopted revised subdivision regulations. Under the
new subdivision law, before final plat approval, all improvements must be in place or financially
guaranteed. He cautioned that if that does not occur, the City loses its legislative immunity;
thus, the City could become liable for any injury that might occur because of the lack of
sidewalks. He reminded the Commission that during the process of adopting the new
subdivision regulations, Assistant Planning Director Arkell
indicated the experience of
. developers was that little damage occurred to sidewalks installed prior to development of a lot.
He then stated that, because of the liability issue, his recommendation is that the Commission
not grant the variance or, if it does grant the variance, it remove the requirement for sidewalks
from the subdivision regulations.
Responding to Mr. Crawford, City Attorney Luwe stated that, from the City's standpoint,
an improvements agreement with financial guarantee would adequately address the liability
issue.
Mr. Crawford responded that requiring the developer to provide a financial guarantee is
what creates the difficulty.
Commissioner Rudberg stated she feels requiring the applicant to install sidewalks along
all thirty lots within the subdivision prior to development of the lots is inappropriate.
She
. stated, rather, she feels sidewalks should be required prior to occupancy.
Responding to questions from Commissioner Youngman, City Attorney Luwe stated that
the Commission may revisit the subdivision regulations at any time it wishes. He then noted
that if the Commission requires the installation of sidewalks for this subdivision and
subsequently removes that requirement from the subdivision regulations, it can revisit this
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subdivision and delete the condition. He stressed that new conditions may not be added to
approval of a subdivision, but deletion of a condition would be acceptable, following a public
hearing.
At Commissioner Smiley's request, City Attorney Luwe reviewed the Commission's
. alternatives, which include: (1) not grant the variance but require that the sidewalks be
installed with the street improvements or financially guaranteed; (2) grant the variance by
eliminating the requirement for sidewalks from the subdivision regulations; (3) grant the
variance by allowing the sidewalk to be installed at the time of occupancy, which results in
waiving the City's legislative immunity between the filing of the final plat and installation of the
sidewalk; or (4) extend the length of timeframe provided in the improvements agreement for
installation of sidewalks with a financial guarantee being provided.
In response to Commissioner Smiley's request at last week's meeting, Acting Water/
Sewer Superintendent Mike Certalic distributed to the Commissioners an illustration of the
utility location setback from the front of the lot. He stated that since most subdivisions are
currently being created without alleys, most utility easements are now located in the front yard.
. As a result, the curb box is located seven feet from the sidewalk, and the service is extended
from there to the house at the time of construction. He stated that, because the ditch must
be dug from the house to the curb box, the backhoe and other heavy equipment must cross
the sidewalk, which can result in damage to the sidewalk if the ground under it is not properly
compacted, since a 4-inch sidewalk is designed for pedestrian traffic and not backhoes.
Responding to Commissioner Frost, the Acting Water/Sewer Superintendent stated that
the water is typically stubbed in at the center of the lot and the sewer is typically stubbed in
fifteen feet from the lot line.
Commissioner Frost stated he feels the Commission needs to revise the subdivision
regulations so they are more user friendly for both the developer and the City. He then stated
he is not willing to stop putting in sidewalks in conjunction with development. He recognized
. that the criteria for considering variances are very specific and provide little latitude; and he
cannot find the bases upon which to grant the requested variance.
Commissioner Youngman stated she feels a process that provides practicality and
reasonableness for both the developer and the City, while protecting the public, is in everyone's
best interests.
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Mayor Stiff stated he feels it would be appropriate to grant the requested variance. He
noted that this developer has a good track record in his developments within city limits.
Responding to Commissioner Smiley, City Attorney Luwe stated that, with denial of the
requested variance, the developer still has the option of entering into an improvements
. agreement and providing a financial guarantee for the installation of sidewalks.
Commissioner Rudberg stated her support for the requested variance, noting it seems
inappropriate to require the installation of sidewalks when the potential for damage and the
resulting need for repair is known.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission deny the request for a variance from Section 16.14.040 of the Bozeman Municipal
Code to allow the sidewalks in Westfield South, Phase II, to be installed after final platting.
Break - 4:05 to 4: 12 D.m.
As a result of discussion and questions, Mayor Stiff declared a break from 4:05 p.m. to
4: 12 p.m., to give the City Attorney an opportunity to review the effects of the motion and to
. prepare a possible amendment to the motion.
Preliminarv Dlat review for Westfield South. Phase II (continued) - Clair Daines - subdivide
10.667 acres located in the SE%. Section 24. T2S. R5E. MPM. into 28 lots for residential uses
(between South 3rd Avenue and Waaon Wheel Road south of Westfield South); variance from
Section 16.14.040 to allow sidewalks to be installed after final Dlatting (P-9814)
City Attorney Luwe stated that under the subdivision regulations, the applicant has one
year after final plat approval to complete the improvements identified in the improvements
agreement. He then stated that the recommended conditions require that the final plat be filed
within two years of preliminary plat approval, with the potential of a one-year extension. He
noted that, with these timelines, it is possible the sidewalks would not be installed until four
years after preliminary plat approval.
. Following discussion, Commissioner Frost reaffirmed his motion, to deny the request for
a variance from Section 16.14.040 of the Bozeman Municipal Code to allow the sidewalks in
Westfield South, Phase II, to be installed after final platting. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
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Youngman and Commissioner Smiley; those voting No being Commissioner Rudberg and Mayor
Stiff.
Commissioner Frost stated that he cannot vote for this preliminary plat because impact
fees are currently being assessed at only a percentage of the costs which have been identified.
. He estimated that, for these 28 lots, $82,000 of the $200,000 total impact fees will be
collected, and that simply continues the trend that has existed since impact fees were
implemented. He stated that, until the percentage of impact fees collected is increased, he
cannot support any proposals for development.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the preliminary plat for Westfield South, Phase II, as requested by Clair
Daines under Application No. P~9814, to allow subdividing of 10.667 acres located in the
Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal
Meridian, into 28 lots for residential uses, subject to the following conditions:
1. A 1-foot no access strip shall be placed along the western edge of Block
5 to prevent access from adjoining lots to South 3rd Avenue. A 1-foot no
access strip shall be placed on the eastern edge of Lots 6 through 8, Block
. 6, to prevent access from the lots to Wagon Wheel Road.
2. The developer shall have two (2) years from the date of preliminary plat
approval to complete the conditions, conform to all regulations, and
submit a complete application for final plat approval.
3. Article V of the covenants shall be modified to specifically state that
maintenance of the storm water drainage system is the responsibility of
the homeowners' association. Article VI ofthe covenants lists easements
which are different than those shown on the preliminary plat.
The plat
and covenants shall be consistent in describing easements.
4. An advisory note shall be added to the plat which states, "Some lots may
experience seasonal high ground water. Homes constructed with
basements may require installation and regular maintenance of a sump
pump." The note shall be in letters a minimum of 1 18-inch tall. Surface
flows are not allowed from sump pumps which ultimately discharge to
areas which are in public or common ownership, such as drainage
easements or works. Underground pipes to convey water to the
designated flow channel are allowed.
5. Water rights must be provided as previously agreed in the Green Pastures
. annexation agreement.
6. Copies of filed waivers of right to protest the creation of special
improvement districts and rural improvement districts for improvements
to Wagon Wheel Road and South 3rd Avenue shall be provided with the
final plat application. A copy of a filed waiver of right to protest the
creation of special improvement districts for maintenance of area parks
shall be provided with the final plat application.
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7. In accordance with the annexation agreement for the property, the
Engineering Department has completed a preliminary evaluation of the
ability of the City's sewer collection system to convey sewage from this
development. Insufficient capacity exists in approximately 1,240 linear
feet of 12-inch and 14-inch sewer trunk line from Hoffman Drive to
Lincoln Street. As such, the terms of the annexation agreement shall be
followed to provide sewer capacity for the development. In no case, shall
the final plat be filed until such time as sewer capacity is available.
. 8. Easements for the water and sewer main extensions shall be a minimum
of 30 feet in width, with the utility located in the center of the easement.
In no case shall the utility be less than 10 feet from the edge of the
easement. Water and sewer mains shall be installed a minimum of five (5)
feet clear horizontal distance from all proposed curb and gutter unless
otherwise approved by
the City Engineer and Water/Sewer
Superintendent.
9. The minimum water main size allowed for all projects in the city is eight
(8) inch, unless otherwise approved by the City Engineer.
10. The proposed sewer main between Lots 12 and 13, Block 6, shall be
installed with the Phase" infrastructure to avoid future disturbance of the
Phase" open space.
11. Plans and specifications and a detailed design report for water and sewer
main extensions and the public streets, prepared and signed by a
professional engineer (PE) registered in the State of Montana shall be
provided to and approved by the City Engineer. Water and sewer plans
shall also be approved by the Montana Department of Environmental
. Quality (DEQ). The applicant shall also provide professional engineering
services for construction inspection, post-construction certification, and
preparation of mylar record drawings. The design report shall verify that
the capacity of the existing system at the time of connection is adequate
to provide service to this development. Any off-site improvements needed
to provide service shall be in place and accepted by the City of Bozeman
prior to final plat approval. Construction shall not be
initiated on the
public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted.
12. A Stormwater Master Plan for the subdivision for a system designed to
remove solids, silt, oils, grease, and other pollutants from the runoff from
the private and public streets and all lots must be provided to and
approved by the City Engineer. The master plan must
depict the
maximum sized retention basin location, and locate and provide easements
for adequate drainage ways within the subdivision to transport runoff to
the stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin site, drainage
ways, and finished lot grades), typical stormwater detention/ retention
basin and discharge structure details, basin sizing calculations and a
stormwater maintenance plan.
. Stormwater ponds for the subdivision shall not be located on privately
owned lots. If located within a park or open space, the ponds shall be
designed and constructed to be conducive to the normal use and
maintenance of the open space. Drainage easements shall be shown on
the final plat in locations where drainage ditches or structures are
constructed in the open space.
While the runoff from the individual lots will be dependent on the intensity
of use on each lot, the maximum sizing of the storm retention facilities for
each lot will be established based on maximum site development.
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Note: It will ultimately be the responsibility of the Property
Owners'
Association to ensure that the maintenance plan is consistently
enforced.
It is further recommended that implementation of the plan be
included in
the covenants and, therefore, a condition of plat approval.
13. All code requirements identified in this staff report
shall be complied with.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No
being Commissioner Frost.
Conditional Use Permit - Peter and Jan DiBerardinis for T. Bret Haggertv and Joe Colombo -
allow existin9 restaurant on Tract 1. COS No. 1128. to serve beer and wine - Stromboli's.
1216 West Lincoln Street (2-9830)
This was the time and place set to review the Conditional Use Permit requested by Peter
and Jan DiBerardinis for T. Bret Haggerty and Joe Colombo under Application No. Z-9830, to
allow the existing restaurant on Tract 1, Certificate of Survey No. 1128, to serve beer and
wine. The subject property is more commonly known as 1215 West Lincoln Street and
currently houses Stromboli's.
. Associate Planner Jody Olsen presented the staff report. She stated this restaurant is
located along the south side of West Lincoln Street, immediately west of the MSU Alumni
Foundation building. She stated the business is located in a "B-1", Neighborhood Service,
district, where a restaurant may serve alcoholic beverages under a conditional use permit. She
noted that the applicants have applied to the Montana Department of Revenue for a "cabaret
license" .
The Associate Planner stated that staff has reviewed this application in light of the six
criteria contained in the Bozeman Municipal Code, and the staff's comprehensive findings are
contained in the written staff report. She noted that the City-County Planning Board conducted
the public hearing on this Conditional Use Permit at its May 5 meeting and, following
consideration of the criteria and the staff's findings, concurred in staff's recommendation for
. approval, subject to seven conditions.
Ms. Jan DiBerardinis, applicant, stated a willingness to accept the conditions as
recommended and to respond to questions.
No one was present to speak in opposition to the requested conditional use permit.
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It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Conditional Use Permit requested by Peter and Jan DiBerardinis for
T. Bret Haggerty and Joe Colombo under Application No. 2-9830, to allow the existing
restaurant on Tract 1, Certificate of Survey No. 1128, to serve beer and wine, subject to the
. following conditions:
1. The applicant shall obtain a Special Temporary Use Permit on an annual
basis for any outdoor, seasonal seating area.
2. Any new signage proposed for the site shall comply with the Bozeman
Area Sign Code.
3. A copy of the State Revenue Department liquor license to serve alcoholic
beverages at the Stromboli's restaurant shall be submitted to the Planning
Office prior to the sale of alcoholic beverages at the restaurant.
4. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure.
5. 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 issuance of any
building permits, final site plan approval, or commencement of the use.
. 6. All of the conditions specifically stated under any conditional use listed in
this title shall apply and be adhered to by the owner of the land, successor
or assigns.
7. All of the special conditions attached to this Conditional Use Permit shall
be consented to in writing by the applicant prior to commencement of the
use.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Conditional Use Permit - Randall Arndt for Richard Spott - allow existina restaurant on Lots 5-8.
Block 9. Sorinabrook Addition. to serve beer and wine - Burrito Shoo. 203 North 7th Avenue
(2-9826)
This was the time and place set to review the Conditional Use Permit requested by
. Randall Arndt for Richard Spott under Application No. 2-9826, to allow the existing restaurant
on Lots 5 through 8, Block 9, Springbrook Addition, to serve beer and wine. The subject
property is more commonly known as 203 North 7th Avenue and currently houses the Burrito
Shop.
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Associate Planner Jody Olsen presented the staff report. She stated that under this
application, the sale of beer and wine would be allowed at the Burrito Shop, which is located
at the northwest corner of North 7th Avenue and West Lamme Street and lies in the "B-2",
Community Business, zoning district. She noted that the applicant has submitted an application
. to the Montana Department of Revenue for a "cabaret license". She stated that this business
was in existence when the current zone code was adopted in 1990/ and the site does not
comply with the current zone code requirements.
The Associate Planner stated that staff has reviewed this application in light of the six
criteria contained in the Bozeman Municipal Code, and the staff's comprehensive findings are
contained in the written staff report. She noted that the City-County Planning Board conducted
the public hearing on this Conditional Use Permit at its May 5 meeting and, following
consideration of the criteria and the staff's findings, concurred in staff's recommendation for
approval, subject to nine conditions. She then indicated that the applicant was present earlier,
but was unable to stay because of the business; however/he has indicated a willingness to
accept the conditions as recommended.
. No one was present to speak in opposition to the requested Conditional Use Permit.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit requested by Randall Arndt for Richard Spott
under Application No. 2-9826/ to allow the existing restaurant on Lots 5 through 8/ Block 9/
Springbrook Addition, to serve beer and wine, subject to the following conditions:
1. The applicant shall obtain a Special Temporary Use Permit on an annual
basis for any outdoor, seasonal seating area.
2. Seventy-two (72) square feet of landscaping shall be installed around the
base of the sign. Said landscaping shall include four
(4) large shrubs
around the base of the sign plus a seeded grass area six (6) feet to either
side of and around the base of the sign.
3. Any new signage proposed for the site shall comply with the Bozeman
Area Sign Code.
. 4. All of the parking spaces should be re-striped with painted lines not less
than four (4) inches wide.
5. A copy of the State Revenue Department Liquor License to serve alcoholic
beverages at the Burrito Shop restaurant shall be submitted to the
Planning Office prior to the sale of alcoholic beverages at the restaurant.
6. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure.
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7. 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 issuance of any
building permits, final site plan approval, or commencement of the use.
8. All of the conditions specifically stated under any conditional use listed in
this title shall apply and be adhered to by the owner of the land, successor
. or assigns.
9. All of the special conditions attached to this Conditional Use Permit shall
be consented to in writing by the applicant prior to commencement of the
use.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
Request for authorization to construct Darkina lot for Senior Center on carkland (Centennial
Park) immediately south of structure
Included in the Commissioners' packets was a memo from Assistant Planning Director
Debbie Arkell, dated May 6, forwarding background information on this item and the plan for
. the proposed parking lot. Distributed on the Commissioners' desks just prior to the meeting
were a memo from the Recreation and Parks Advisory Board, dated May 15; a letter from
Stuart and Karin Jennings, 820 North Tracy Avenue, dated May 18; and a letter from
Christopher and Mary Ellen Spogis, 613 North Tracy Avenue, dated May 18, 1998.
City Manager Clark Johnson stated that the original parking lot design for the Senior
Center expansion was presented to the Recreation and Parks Advisory Board in July 1996, and
that plan was significantly different from the plan before the Commission today. He reminded
the Commission that the typical protocol is for the Recreation and Parks Advisory Board to
review proposals which involve parkland before a decision is made.
Assistant Planning Director Arkell stated that Mr. Eugene Vodjansky is providing
architect services to the Senior Center at no cost. She noted that, because this plan
is
. significantly different from the plan submitted in 1996, she suggested the plan be submitted
to the Commissioners for an initial review to determine if it is something they might be willing
to consider and to receive guidance on the review and approval process to be followed. She
stated that the parking lot would typically be reviewed under a site plan application and would
not come back to the Commission for a final decision. She noted, however, that since
the
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proposed parking lot is to be located on City property, the Commission may wish to retain the
final decision making authority.
Mr. Don Black stated he owns the property immediately across the street from the
proposed parking lot, and has lived there since the late 1970s. He noted that he is well aware
. of the need for parking during particular events at the Senior Center. He stated that when he
moved into this house, the Legion housing was still located across the street, and its removal
and the subsequent development of the Centennial Park was a welcome relief for the
neighborhood. He characterized the proposed parking lot as being "a little regressive" and
suggested that other alternatives be considered. He noted that one of those alternatives might
be to use the parking area at the Fairgrounds, although he recognizes the difficulty in crossing
Tamarack Street, which is a very busy street.
Ms. Maureen Lee stated she lives directly across the street from the Senior Center. She
noted that the parking lot at the Senior Center is typically empty except on Tuesdays and
Thursdays, when the activities attract more people, and she generally does not witness any real
problems with parking for any event. She characterized Centennial Park as the only
green
. space in this section of town, and she feels alternatives to the proposed parking lot should be
considered. She noted those alternatives could include leasing parking spaces at the
Fairgrounds, with a 15-mile-per-hour zone established adjacent to the Senior Center, or leasing
spaces from the parking lot for the apartment complex immediately to the west, which is rarely
over half full.
Ms. Penny Black stated a lot of trees and grass were removed in conjunction with the
expansion of the Senior Center, and she is concerned about more being removed for the
proposed parking lot. She then indicated support for a 15-mile-per-hour zone and sidewalks
along the park, particularly because of all the children who live in the area and use the park.
She concluded by expressing her concern about the possibility of a parking lot being located
in the park, immediately across the street from her home.
. Responding to Mayor Stiff, Assistant Planning Director Arkell stated that, as a result of
the expansion, the Senior Center is required to have 28 more parking spaces than it has. She
noted that the Senior Center applied for a variance because it could not afford to construct the
parking lot at the same time the expansion was completed. She stated, however, that
the
variance application was not processed because, in the meantime, the Senior Center entered
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into a lease agreement with the County which allows them to use parking spaces in the
Fairgrounds as long as the spaces are available for use and do not interfere with activities at
the Fairgrounds, such as the County Fair and the Winter Fair. She stated the agreement is for
a period of ten years and expires on September 3, 2006, unless the County no longer owns the
. property. She also noted that the agreement is renewable.
Responding to Commissioner Smiley, the Assistant Planning Director stated the proposal
is now before the Commission because the seniors have raised the monies needed to construct
the proposed parking lot. She noted that, since they have met the parking requirements
through the agreement with the County, this additional parking lot is not needed to meet the
zone code.
Responding to Commissioner Rudberg, the Assistant Planning Director confirmed that
the variance application could be reactivated and processed if necessary.
Commissioner Youngman stated she feels a meeting between the Senior Center Advisory
Board and the Recreation and Parks Advisory Board would be beneficial. She then stressed the
importance of encouraging comment from those who live in the area, so that everyone's
. interests can be considered.
Responding to Mayor Stiff, City Attorney Luwe stated that a traffic study must be
completed and the results of that study must meet warrants before the speed on a street can
be red uced .
Following discussion, it was moved by Commissioner Frost, seconded by Commissioner
Youngman, that the Commission refer this matter to the Recreation and Parks Advisory Board,
for review and a recommendation to be forwarded to the Commission for action prior to
possible submittal of the plan to the Development Review Committee and Design Review Board
prior to forwarding the recommendation to the Commission; and that the Recreation and Parks
Advisory Board be encouraged to invite the Senior Center Advisory Board and neighbors to their
meeting to discuss the matter. The motion carried by the following Aye and No vote: those
. voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley,
Commissioner Rudberg and Mayor Stiff; those voting No, none.
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Ordinance No. 1470 - addina Chapter 8.05 to the Bozeman MuniciDal Code. establishing
reauirements for oDerational reliability and DrODer use of security alarm systems
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1470,
as approved by the City Attorney, entitled:
.
ORDINANCE NO. 1470
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING A NEW CHAPTER 8.05, ESTABLISHING REQUIREMENTS FOR
OPERATIONAL RELIABILITY AND
PROPER USE OF SECURITY
ALARM
SYSTEMS.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that
Ordinance No. 1470, establishing requirements for operational reliability and proper use of
security alarm systems, be finally adopted. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
Ordinance No. 1471 - revising Sections 3.24.010.3.24.030.3.24.040.3.24.060. 3.24.070.
. 3.24.080. 3.24.100 and 3.24.110 of the Bozeman MuniciDal Code. re imDact fees and the
imDact fee credit Droaram
Included in the Commissioners' packets was a copy of Ordinance No. 1471, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1471
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 3.24.010, 3.24.030. 3.24.040, 3.24.060, 3.24.070,
3.24.080, 3.24.100 AND 3.24.110, AS AMENDED BY ORDINANCE NO. 1464,
WHICH ORDINANCE IS NO
T CURRENTL Y CODIFIED; PROVIDING
FOR
REVISIONS TO REFERENCE THE JAMES DUNCAN AND ASSOCIATES STUDY,
AS UPDATED; AMEND THE DEFINITIONS TO INCLUDE A DEFINITION OF
"IMPACT FEE CAPITAL
IMPROVEMENT PROGRAM"; PROVIDING FOR
REVISIONS TO THE CREDITS
AGAINST DEVELOPMENT IMPACT FEES
PROGRAM; AND PROVIDING FOR REVISED FEES IN THE TABLES FOR EACH OF
THE IMPACT FEE PROGRAMS.
Impact Fee Coordinator Chris Saunders reminded the Commission that the trigger point
. for the fire and street impact fees is the acquisition of the building permit while the trigger point
for the water and sewer impact fees is connection to those services. He stated that staff is
applying the new fees, which were effective on May 10, based on whether a completed
application for building permit was submitted on or before May 8. He recognized that this is
not the stated trigger point for water and sewer impact fees, but it is the manner in which
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impact fees were originally applied and the manner in which staff is applying the increase
unless directed otherwise by the Commission.
The Commissioners indicated their support for applying the increase in fees as described
by the Impact Fee Coordinator.
. Commissioner Youngman forwarded some minor grammar changes to Sections
3.24.040.K., to eliminate an incomplete sentence, and to Sections 3.24.100.B.
and
3.24.100.G., to eliminate a double "the" created by the amendments.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that
Ordinance No. 1471, revising the provisions for impact fees and the impact fee credit program,
be provisionally adopted, as
revised to reflect the grammar changes
forwarded by
Commissioner Youngman, 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
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
. Acknowledge receiDt of City Manaaer's budaet recommendations for Fiscal Year 1998-1999
City Manager Johnson distributed copies of his budget recommendations for Fiscal Year
1998-1999 to the Commissioners. He drew the Commissioners' attention to the top of Page
2 in the Budget Message, noting it provides a good synopsis of the overall budget. He
then
drew their attention to Page 12, which gives a description of the move to performance
budgeting.
The City Manager stated that the information contained in the financial summary is
essentially the same as was provided in previous budgets, with less detail on individual line
items. He indicated that the budget highlights contain the same information that was included
in previous budgets, just in a more condensed space. He then noted that the
performance
measures are a new section in the budget. He cited the Engineering Department's performance
. measures, found on Page C-12, as a good example of qualitative measures, and the Finance
Department's performance measures, found on Page C-20, as a good example of quantitative
measures.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the City Manager's Budget Recommendations for Fiscal
05-18-98
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Year 1998-1999. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner
Smiley and Mayor Stiff; those voting No, none.
. Discussion - FYI Items
City Manager Johnson presented to the Commission the
following "For Your
Information" items.
(1 ) Letter from (Catherine) Mae Sager, 311 Accola Drive, dated May 8, regarding
sidewalks.
(2) Draft calendar of events for preparation of the budget for Fiscal Year 1998-1999.
City Manager Johnson stated that this draft schedule is based on last year's process and
schedule. He noted that last year, the Commissioners reviewed the budget recommendations
in four work sessions, and more have been scheduled this year because of the change in
format.
Responding to Commissioner Rudberg, the City Manager stated that he will give the
. Commissioners a schedule of when department heads are to make their presentations, so the
Commissioners can be prepared for each work session.
Commissioner Smiley noted that the work session on June 2, as scheduled, conflicts
with the Planning Board meeting and asked that it be rescheduled for late afternoon.
Commissioner Frost expressed concern about the proposed 4:00 p.m. start times
because his work day ends at 5:00 p.m.
City Manager Johnson requested that the Commissioners forward their concerns and
conflicts to him or the Clerk, and indicated a revised schedule will be developed based on that
input.
(3) Memo from City Manager Johnson, dated May 14, forwarding a quarterly report
on legislative activities.
. Commissioner Rudberg characterized the information as interesting but not encouraging.
(4) Copy of a letter from Mary Martin, Director of Operations for the Human
Resources Development Council, to City Attorney Luwe, dated May 13, asking for a legal
opinion regarding the City's ability to assess a transportation mill levy.
(5) Snowpack report for the Gallatin River basin, as of May 11, 1998.
05-18-98
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(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, May 19, in the Conference Room of the Professional Building.
(7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, May 19, in the Commission Room.
. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
May 19, at the Courthouse.
(9) The City Manager submitted his weekly report, as follows.
( 1) Noted that the
advertisement in Sunday's edition of the Bozeman Daily Chronicle for the open house on water
issues, scheduled for 4:00 to 6:00 p.m. on Tuesday, was attractively done and eye catching.
(2) Stated he will attend the Growing Into the 21 st Century seminar on Wednesday and
Thursday. (3) Indicated that interviews for a new 9-1-1 Director will be conducted on
Thursday. (4) Stated he has been receiving telephone calls about the disc golfers and the
impacts that they are having on Lindley Park. He noted that the disc golf course approved by
the Commission has been much more successful than anticipated, and it may be necessary to
take steps to ensure that the impacts on the park and the business adjacent to it are minimized.
. (5) Noted that the bids for remodeling of the Professional Building were lower than the
architect's estimate.
(10) Commissioner Frost submitted the following. (1) Served as a volunteer at three
Special Olympics breakfasts. (2) Attended the founders' luncheon for the Humane Society on
Sunday, which four of the original founders also attended.
(11 ) Commissioner Youngman submitted the following. (1) Attended and participated
in a variety of functions last week, ranging from attending the closing ceremonies for the
Special Olympics to serving as an usher at the opera. (2) Noted that the May 11 edition of the
Nation's Cities Weekly included some information on the National League of Cities Congress
of Cities scheduled for later this year. She stated that, as a result of that article, she checked
their web site but found no additional information. She then indicated that she will
keep
. monitoring that web site, and will forward any information she thinks might be useful to
Commissioners.
(12) Commissioner Smiley stated that she attended the Tree Advisory Board meeting
last week. She noted that Sweet Pea contributed $2,000 to the tree planting program.
05-1 8-98
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( 13) Commissioner Rudberg submitted the following. (1) Noted that Staff Attorney
Christopher Williams has drafted a letter to be sent to those who have illegally posted flyers.
She asked each Commissioner to review the letter and indicate whether it is acceptable or
needs revisions. (2) Noted that the Special Olympics was a nice event and gave a lot to the
. community .
(14) Commissioner Rudberg asked Commissioner Frost if he plans to state his position
on impact fees any time a vote on development occurs. She expressed concern that, if this
is to become a ballot issue, it may be inappropriate or illegal for a Commissioner to take a
public stand on the matter.
(15) Mayor Stiff submitted the following. (1) Attended the Health Board and Water
Quality District meetings last week. (2) Attended the Library Board meeting last
week, at
which questions about the budgeting process were raised. (3) Attended a number of events
in conjunction with the Special Olympics. He noted that some 1600 volunteers helped to make
the Special Olympics a success.
. Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledge receiot of staff reDort for annexation of 13.096-acre oarcellocated
in the SE% of the NE% and the NE% of the SE%. Section 18. T2S. R6E.
MPM (west of Highland Boulevard and south of Hillcrest Retirement
Center) (Highland Second Addition) - Bozeman Deaconess Health Services
(A-9803)
Commission Resolution No. 3236 - intent to annex 13.096-acre oarcellocated
in the SE% of the NE% and the NE% of the SE%. Section 18. T2S. R6E.
MPM (west of Highland Boulevard and south of Hillcrest Retirement
Center) (Hiahland Second Addition): set Dublic hearing for June 15. 1998
COMMISSION RESOLUTION NO. 3236
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 INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID
CITY OF BOZEMAN, AND HEREIN
MORE
. PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Authorize Mavor to sian - Findings of Fact and Order - amended olat for
aggregation of all or oortions of eighteen lots and a oortion of vacated
allev in Block C. Tracy's First Addition. into two lots (block bounded bv
West Main Street. North Grand Avenue. West Mendenhall Street and
North Third Avenue)
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Authorize City Manager to sign - Utility Cost Share Aareement between City and
Sundance Springs Development, L.L.C. - installation of 12-inch and 16-
inch water mains alona Goldenstein Lane
Award proposal for remodelina of restroom in basement of City Hall - Edsall
Construction. Bozeman. Montana. in the amount of $10.650.00
Authorize Mayor to sign - Findings of Fact and Order - preliminary plat for West
. Kagy Development Subdivision (subdivide 14.5821 acres described as Lot
18. Amended Subdivision 1-1-A. and Lot 2. Boylan's Addition No.1. into
seventeen lots for professional. medical and dental offices)
Exemption from subdivision review - Jeffrey L. Buchowiski and Anne Barnabv -
aggregation of Lots 21 and 22 into one lot and realignina common northl
south lot line between Lot 21 and Lot 17B. Block 45. Northern Pacific
Addition (northeast corner of North Plum Avenue and East Davis Street)
Approval of final plat for Amended Plat of Lot 9. Evergreen Business Park
Subdivision (subdivide 2.578-acre tract into two lots)
Commission Resolution No. 3238 - intent to establish a 1998B Sidewalk
Proaram; set public hearina for June 1. 1998
COMMISSION RESOLUTION NO. 3238
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A
1998B SIDEWALK PROGRAM
AND TO ORDER THAT SIDEWALKS BE
INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS
PROVIDED FOR IN
. SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED.
Acknowledae receipt of application for annexation of Tracts 2. 3 and 4. Van Horn
Subdivision (8.75 acres located along south side of West Babcock Street
immediatelv east of Fowler Avenue); refer to staff
Award bid for remodeling of Professional Building - Walker Construction. Inc..
Bozeman. Montana - in the total bid amount of $323.050 for the base bid.
Alternate NO.1 and Alternate No.2
Buildina Inspection Division report for April 1998
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman, Commissioner
. Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none.
Recess - 5: 15 p.m.
Mayor Stiff declared a recess at 5:15 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearing and completing the routine business items.
05-18-98
- 24 -
Reconvene - 7:00 c.m.
Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearing and completing the routine business items.
. Presentation of beautification awards
Historic Preservation Officer Derek Strahn, staff person for the Beautification Advisory
Board, noted how beautiful Bozeman is, not just because of its natural environment but
because of the work of many of its citizens. He stated that this is the second annual awards
ceremony, and is designed to recognize individuals, groups and organizations who make
Bozeman a great place in which to live.
The Historic Preservation Officer announced the ten awards being given this year, and
Claudia Foster, Chair of the Beautification Advisory Board, presented the awards, as follows:
Residential Don Curtice For the "incredible" splash of color
in the
321 South 5th Avenue landscaping at his home.
Individual Betty Fedelchak For planting and
maintaining trees at
contribution Josephine Park. She has planted thirteen
trees in the park, but counts only eleven
. because "the other two aren't doing very
well".
New Bridger Feeds This is an attractive new building built
in
commercial 501 Evergreen Drive the style of an old grain elevator.
As a
construction matter
of fact, the entire Evergreen
Business Park is an attractive development
along the north side of the interstate.
Commercial Town and Country Foods The Perlinski family and the
employees of
remodel 219 North 19th Avenue Town and Country Foods are
recognized
for the landscaping in conjunction with the
remodel project.
On-going Don and Annette Osen and For their volunteer efforts
to maintain the
stewardship family Holy Cross Cemetery (Brandal Cemetery)
along the west side of North 7th Avenue.
Neighborhood Judy Wantulok For
starting the Christmas holiday
involvement luminaria project in Westridge Subdivision,
which has expanded to include other
subdivisions.
. Cultural Bozeman Municipal Band For their
musical contribution to the
contribution community through its weekly concerts in
Bogert Park and at other local events.
05-18-98
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Organizational Dustin Maxwell/
To Dustin Maxwell for developing
contribution Sourdough Lions Club
Creekside Park, at the corner of East
Lamme Street and North Rouse Avenue,
as an Eagle Scout project; and to the
Sourdough Lions Club for maintaining the
park as a quiet, peaceful place to take a
break from the hustle and bustle of the
downtown area.
. Public project Bozeman Breakfast
Optimist For the improvements to the Bozeman
Club
Ponds area which have evolved over the
past couple of years and which continue
to evolve.
Community Montana Conservation Corps For their efforts
to beautify, maintain and
service
support dozens of local
sites, In
conjunction with many different agencies.
Twelve members of this organization are
assisting the Boa rd with activities
throughout this week.
Ms. Claudia Foster presented to Derek Strahn a pot of flowers, thanking him for serving
as the backbone of the Board.
Mayor Stiff thanked the Beautification Advisory Board and Historic Preservation Officer
Strahn for organizing this recognition of great volunteer efforts in the community.
. Continued Dublic hearing - Zone MaD Amendment - Frank and Lois Armknecht - establish initial
zoning of "R-3" on .51-acre tract known as Lot 1. Block 2. Pleasant Vallev Subdivision (5
Vallev Drive) (Z-9817)
This was the time and place set for the continued public hearing on the Zone Map
Amendment, as requested by Frank and Lois Armknecht under Application No. Z-9817, to
establish an initial zoning designation of "R-3", Residential--Medium-density, on the .51-acre
tract known as Lot 1, Block 2, Pleasant Valley Subdivision. The property is more commonly
known as 5 Valley Drive.
Mayor Stiff opened the public hearing.
Associate Planner Chris Saunders presented the staff report. He reminded the
Commission that the subject property, which was located in County Zoning District No.1, was
recently annexed and must now be zoned under the City's jurisdiction. He noted
that the
. existing parcel currently contains a four-plex and is surrounded by mostly single-family
development.
The Associate Planner stated that staff has reviewed this application in light of the
twelve criteria established in the Montana Code Annotated, and staff's comprehensive findings
are contained in the written staff report. He briefly highlighted staff's concerns,
particularly
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under Criteria Nos. 1 and 10. He stated that, because of the surrounding single-family
residential development, staff feels that the requested "R-3", Residential--Medium-density,
zoning designation is not appropriate because it allows a more intense urban development than
exists in the area. He recognized that a four-plex exists on the site, but it is the only one in the
. area; and staff suggests that an "R-2", Residential--Single-family, Medium-density, or "R-1 ",
Residential--Single-family, Low-density, zoning designation would be more appropriate.
Associate Planner Saunders stated that the City-County Planning Board conducted its
public hearing on this application at its May 5 meeting. Following the public
hearing and
consideration of the twelve criteria
and the staff findings, the
Board forwarded a
recommendation that an initial zoning designation of "R-2" be established.
Mr. Frank Armknecht, applicant, stated that Mr. Jack French, a former developer and
builder in the community, constructed this four-plex in 1966 and he purchased the property in
1984. He noted that the four-plex was apparently one of the first structures built on Valley
Drive, and he is uncertain why the remainder of the area was developed as single-family
residential.
. Mr. Armknecht stated that he has no intention of adding to this structure or of building
a separate structure. He noted, rather, he intends to maintain the existing structure in good
condition, as he has in the past. He then indicated his support for the "R-2"
zoning
recommended by the Planning Board.
No one was present to speak in opposition to the proposed zone map amendment.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the Zone Map Amendment, requested by Frank and Lois Armknecht under
Application No. Z-9817, by establishing an initial zoning designation of "R-2", Residential--
Single-family, Medium-density, on the .51-acre tract known as Lot 1, Block 2, Pleasant Valley
Subdivision, and, authorize and direct staff to bring back an ordinance enacting the zone map
. amendment. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost
and Mayor Stiff; those voting No, none.
05-18-98
. 27 +
Commission Resolution No. 3237 - establishina 1998A Sidewalk Proaram and ordering that
sidewalks be installed in certain areas
Included in the Commissioners' packets was a copy of Commission Resolution No.
3237, as approved by the City Attorney, entitled:
COMMISSION
RESOLUTION NO. 3237
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING
THE " 1998A SIDEWALK PROGRAM"
AND
ORDERING THAT SIDEWALKS
BE INSTALLED IN CERTAIN
AREAS OF
BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110,
MONTANA CODE ANNOTATED.
City Manager Johnson stated that, at Commissioner Rudberg's request, he asked that
this item be removed from the Consent Items for discussion.
Commissioner Rudberg stated she had requested this item be removed from the Consent
Items because she wishes to vote against it, as she has in all previous votes on this issue. She
noted that she has heard from several people who are concerned about the additional costs
involved in installing the sidewalks and the subsequent costs of maintaining the sidewalks.
Mayor Stiff stated that, while he previously voted for the sidewalk program, he will not
. do so at this time. He noted that he previously voted for this program to ensure that it would
be done as well as possible. He stated, however, that in light of the comments he has received
in the past couple of weeks, he cannot support the adoption of this resolution.
It was moved by Commissioner Smiley, seconded by Commissioner Frost, that
Commission Resolution No. 3237, establishing the 1998A Sidewalk Program, be adopted. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Frost
and Commissioner Youngman; those
voting No being
Commissioner Rudberg and Mayor Stiff.
Adjournment - 7:27 c.m.
There being no further business to come before the Commission at this time, it was
. moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those
voting No being Commissioner Rudberg.
05-18-98
-"......--. -.--.-----.-...- _n___ .... ._._.___ . --. ......----,--------.------
- 28 -
~J~~
AL ED M. STIFF, Mayor
ATTEST:
. ~f~
RO IN L. SULLIVAN -.
Clerk of the.Commission
.
.
05-18-98