HomeMy WebLinkAbout1997-08-18 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 18, 1997
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 18, 1997, at 3:00 p.m. Present were
Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, City Manager Johnson, City
Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent
Items for discussion. City Manager Johnson removed the kennel license application submitted
by Marilyn Hendry from the agenda and asked that it be rescheduled on September 2.
Commissioner Rudberg requested that the loans to Bozeman Interfaith Housing II and Habitat
for Humanity be removed for discussion.
. Authorize absence of Commission Younaman in comDliance with Section 7-3-4322(2), M.C.A.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission authorize the absence of Commissioner Youngman from this meeting, in
compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner
Frost and Mayor Stueck; those voting No, none.
Minutes
Mayor Stueck deferred action on the minutes of the meetings of August 4 and August
11, 1997, to a later date.
. Ordinance No. 1443 - adoDting bv reference the current edition of the Uniform Fire Code and
aopendices. and the current Uniform Fire Code Standards. with the additions. amendments and
deletions referenced
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1443, as approved by the City Attorney, entitled:
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ORDINANCE NO. 1443
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTION
15.36.010 OF
SAID CODE; ADOPTING AND
INCORPORATING BY REFERENCE THE CURRENT EDITION OF THE UNIFORM
FIRE CODE AND APPENDICES, AND THE CURRENT UNIFORM FIRE CODE
STANDARDS, WITH THE ADDITIONS, AMENDMENTS, AND DELETIONS
REFERENCED HEREIN, AND FURTHER PROVIDING FOR
THE ONGOING
. ADOPTION OF THE UNIFORM
FIRE CODE AND UNIFORM FIRE CODE
STANDARDS.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1443, adopting and incorporating by reference the
current edition of the Uniform Fire Code and Appendices, and the current Uniform Fire Code
Standards, with the additions, amendments, and deletions referenced herein, and further
providing for the ongoing adoption of the Uniform Fire Code and Uniform Fire Code Standards.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Rudberg and Mayor Stueck; those voting No, none.
Ordinance No. 1444 - providing for the creation of a Fire Code Board of AD Deals and
establishina the duties and resDonsibilities thereof
. Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1444, as approved by the City Attorney, entitled:
ORDINANCE NO. 1444
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING CHAPTER 15.37 OF SAID CODE PROVIDING FOR THE CREATION
OF A FIRE CODE BOARD OF APPEALS AND ESTABLISHING THE DUTIES AND
RESPONSIBILITIES THEREOF.
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
Commission finally adopt Ordinance No. 1444, providing for the creation of a Fire Code Board
of Appeals and establishing the duties and responsibilities thereof. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner
. Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
Ordinance No. 1445 - fixina the monthly salary and official bond for the City Manager. heads
of deDartments and the emDloyees of the City Commission for Fiscal Year 1998
Previously distributed in the Commissioners' packets was a copy of Ordinance No.
1445, as approved by City Attorney Luwe, and entitled:
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ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission finally adopt Ordinance No. 1445, fixing the monthly salary and official bond for
the City Manager, heads of departments and the employees of the City Commission for Fiscal
Year 1998. The motion carried by the following Aye and No vote: those voting
Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those
voting No, none.
Ordinance No. 1447 - fixina the monthly salary and official bond for the City Judae for Fiscal
Year 1998
Included in the Commissioners' packets was a copy of Ordinance No. 1447, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1447
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
CITY JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE STATE
STATUTES AND THE BOZEMAN MUNICIPAL CODE.
Mayor Stueck asked how the amount of the official bond to be posted is determined for
this position, noting that it is the same as many of the bonds required in the ordinance adopted
in the previous agenda item but less than the bond required for the Administrative Services
Director.
City Attorney Luwe responded that he will research the issue and submit a response
back to the Commission as soon as possible.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that Ordinance
No. 1447, setting the monthly salary and official bond for the City Judge for Fiscal Year 1998,
. 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 Stiff,
Commissioner Frost, Commissioner Rudberg and Mayor Stueck; those voting No, none.
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Authorize exoansion of loan to Bozeman Interfaith Housing II to include monies to cover the
costs of imoact fees; oer Community Affordable Housing Advisorv Board recommendation
Commissioner Rudberg stated she had requested this item and the next agenda item be
removed from the Consent Items for discussion. She noted that the minutes from the May 30
meeting of the Community Affordable Housing Advisory Board are helpful; however, she
. questioned why the Board forwarded a recommendation for offering a loan to Habitat for
Humanity at 4-percent interest when the original request was for a grant and they indicated no
interest in a loan.
Ms. Caren Couch, contracted staff person for the Board, stated that when she
questioned the motion at the meeting, the Board indicated they felt it was important to act on
the request forwarded by the Habitat for Humanity and that it was equally important that the
same terms apply to the requests from both Bozeman Interfaith Housing II and the Habitat for
Humanity.
Further responding to Commissioner Rudberg, Ms. Couch stated she has not discussed
the Board's recommendation with either Bozeman Interfaith Housing II or the Habitat for
Humanity, but will talk to them after the Commission has made its decision.
. Commissioner Rudberg noted that, when the Commission enacted impact fees, it
recognized the potential effect they may have on some projects; however, they recognized that
the impact fees may not be waived for any project. She noted that the
Commission has
waived the permit fees, which they have the authority to do, and she is concerned about the
request for a grant to pay the impact fees. She expressed concern that approval of the request
could set an undesirable precedent for considering future requests from other entities and
individuals.
Commissioner Rudberg stated it is important to remember that a significant portion of
the monies with which the Board operates are the result of federal grants to the City.
She
noted it is equally important to ensure that these monies are loaned rather than granted to
. ensure that the revolving loan remains in place so the Board continues to have funding available
to respond to requests. She noted it is also important to remember that the City has
appropriated $200,000 to the funds for affordable housing; however, there are no monies
available in the budget at this time to add to that contribution.
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Ms. Caren Couch stressed the importance of recognizing the housing market being
targeted by the housing projects currently being undertaken by both the Bozeman Interfaith
Housing II and Habitat for Humanity. She noted that they are targeting
the very very low
income market, and that includes monthly rental rates of $214 for a two-bedroom unit and
$245 for a three-bedroom unit.
. Commissioner Rudberg emphasized that she believes in Bozeman Interfaith Housing and
in Habitat for Humanity. She stated, however, that she believes all agencies
providing
affordable housing units must be treated the same, and the City must take steps to ensure that
it has monies available to address future requests for assistance.
Mayor Stueck noted that, at the Commission's direction, the Board has begun
forwarding recommendations for approval of loans from the housing funds rather than grants,
to ensure that the revolving loan fund remains intact.
Commissioner Frost suggested that, until a housing policy is in place, the Commission
should identify some guidelines for approval of this type of request. He suggested that those
guidelines could include the requirement that at least a portion of the housing units be
. designated for families earning 30 to 50 percent of the median income. He then stated he does
anticipate many private contractors will come forward with proposals for this type of
development. He noted that the City has appropriated $200,000 toward affordable housing
and, to date, 120 affordable units have been created through the use of those monies.
Responding to Mayor Stueck, Ms. Couch stated that, under the federal guidelines, the
very very low income level is set at 30 percent of the median income for the area.
Further responding to the Mayor, Ms. Couch stated that the affordable units in the
Arcadia Gardens project are identified for those at 50 percent of median income, with a rental
rate of $430 per month.
Commissioner Stiff forwarded his support for the City assisting these low-income
housing projects to the extent possible. He then noted, with concern, that Bozeman Interfaith
. Housing II must install $180,000 in improvements to Ravalli Street before it can begin Phase
II of its housing project, and it does not have those monies available at the present time.
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
Commission approve the request from Bozeman Interfaith Housing II for expansion of its loan
to include monies to cover the cost of impact fees, to be repaid at 4 percent over a 30-year
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term. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those
voting No, none.
Responding to Mayor Stueck, Assistant Planner Chris Saunders stated that
installation
of the water line to the subject property has been completed, and the sewer line installation is
. nearing completion. He noted that testing and acceptance of the lines will be the next step.
He then stated that the final site plan has been submitted, and he anticipates that will be
reviewed and approved within the next few days.
Further responding to the Mayor, the Assistant Planner stated that the
applicant has also
submitted his application for a building permit and plan review. He noted that the impact fees
are calculated as of the date of the application, so any changes to the impact fees will not
affect this project unless the building permit is not drawn within six months of the date of the
application.
Authorize offer of loan to Habitat for Humanity to cover the costs of imDact fees: oer
Community Affordable Housing Advisory Board recommendation
. Commissioner Rudberg requested that this item be removed from the Consent
Items for
discussion.
The discussion in the previous agenda item pertains to this agenda item
as well.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission offer the Habitat for Humanity a loan to cover the costs of impact fees, at the
interest rate of 4 percent, to be repaid over a five-year period.
The motion carried by the
following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner
Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Discussion - FYI Items
. City Manager Johnson
presented to
the Commission the following
"For Your
Information" items.
( 1 ) Letter from Anne
Lossing, dated August 8, 1997, urging the Commission to
rescind the increase in street maintenance assessment.
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(2) Letter from Luther D.A. Reel, 11 South Yellowstone Avenue, dated August
7,
noting his distress at the increase in taxes.
Commissioner Rudberg expressed concern that this letter contains a significant amount
of misinformation and asked who will respond to it.
Mayor Stueck indicated that he will respond to the letter.
. (3) Letter from Lauri Baptie, 9747 Cougar Drive, dated August 6, encouraging
the
Commission to allow dogs to run free in Burke Park.
(4) Letter from the House family, 510 North Church Avenue, dated August 8,
forwarding appreciation for the Commission's recent denial of the Stabile application.
(5) Copy of letter from the Cemetery Superintendent John McNeil to the Cemetery
Board, dated July 28, forwarding information requested regarding the new well and installation
of the fence.
(6) Agenda for the Montana Transportation Commission meeting, to be held in
Kalispell on August 19 and 20.
(7) Agenda for the Development Review Committee meeting, to be held at 10:00
. a.m. on Tuesday, August 19, in the Commission Room.
(8) Agenda for the City-County Planning Board meeting, to be held at 7:00 p.m. on
Tuesday, August 19, in the Commission Room.
(9) Agenda for the County Commission meeting, to be held at 1 :30 p.m. on
Tuesday, August 19, at the Gallatin County Courthouse.
(10) Letter signed by several residents near Bogert Park expressing concern
about the
damage to the park created by cars parking on the grass, along with several photographs
showing the damage.
(11 ) The City Manager submitted his weekly report, as follows.
(1) Met with Ms.
Kandy Rose, a Councilwoman from Bryan, Texas, regarding growth issues and the Carver
Policy of Governance. He then distributed copies of a brochure about the policy and showed
. the Commissioners a copy of the agenda for their Council meetings. (2)
Stated that he will
distribute copies of the draft survey for the needs assessment for Commission review prior to
completion of the document.
( 12) City Attorney Luwe forwarded tidbits of information from his recent
vacation,
including the fact that Mount Rushmore was named for a New York lawyer.
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( 13) Mr. David Smith,
Executive Director of the Bozeman Area Chamber of
Commerce, submitted the following. (1) Distributed copies of the 1997-98 Relocation Guide
and Membership Directory of the Bozeman Area Chamber of Commerce to the Commissioners.
He stated that copies of these brochures will be distributed to all member businesses of the
Chamber on Wednesday, August 27, and invited any Commissioners interested in participating
. in the distribution to contact his office. (2) Announced that Leadership Bozeman X is about
to begin, and noted that one City employee will be participating in the session. (3) Announced
that the Chamber's golf outing is scheduled for next Friday.
(14) Assistant City Manager Brey submitted the following.
(1) Stated that sexual
harassment training sessions are scheduled for completion this week, noting that the target is
100 percent participation by staff. (2) Stated he has been
working with Personnel Director
Pattie Berg on new classification reviews.
( 15) Commissioner Rudberg submitted the following.
(1) Congratulated Assistant
Finance Director Peg Biekert on celebrating her 35th wedding anniversary. (2) Noted that the
picture of Street/Sanitation Superintendent Roger Sicz on the front page of the newspaper was
. interesting and generated some telephone calls. (3) Announced that at 2:00 p.m. on Tuesday,
August 19, a sculpture of an eagle and an osprey fighting over a fish, as done by Jim Dolan,
will be dedicated in the front of the Comfort Inn, and all of the Commissioners are invited to
attend.
( 16) Commissioner Rudberg asked who responds to general letters written to the
Commission, citing the recent letter about the Catholic cemetery as an example.
She
suggested that if someone writes, the Commission should extend the courtesy of responding.
Mayor Stueck stated that, when he feels it appropriate, he responds to letters; however,
if they are outside the City's purview, he does not.
( 17) Commissioner Rudberg forwarded her thanks for the memo outlining the costs
incurred in mailing out the notices for the public hearing on the tree maintenance district, noting
. that the cost is not limited to actual monetary figures, but extends to the aggravation of the
resulting telephone calls and the impacts on staff time to send the notices out to all property
owners. She characterized this as an unfunded mandate, and suggested that staff develop a
list of this type of items that can be submitted to the State Legislature during the next
legislative session in an effort to get some of the requirements changed.
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City Attorney Luwe noted that the State statutes specifically require that a notice be
mailed to all property owners within a tree maintenance district, although a similar requirement
is not attached to the street maintenance district or any of the annual assessments levied by
the City. He suggested that this could be used as an argument to pursue change
in the
upcoming legislative session. He then stated that the costs of the notice are paid by the
. assessment, recognizing that if the Commission chooses not to impose the assessment, an
alternative source of funding must be found.
Responding to Mayor Stueck, the City Attorney stated that if proper notice is not given,
the assessments may be paid under protest, and the City would not have access to those
monies.
( 18) Mayor Stueck voiced his concerns about the number of times that
the City has
received single bids, citing the fire truck, janitorial services and the automated garbage
collection truck as examples. He stated that he is uncertain about how to address the issue,
but he is concerned that acceptance of the bid when there is only one bidder may not be in the
taxpayers' best interests. He suggested that the Commission consider
a policy of rejecting,
. unopened, any single bids or, as an alternative, it might give a single bidder the option of
pulling the bid immediately prior to the bid opening.
City Manager Johnson cautioned that the bidding process is statutorily established,
noting it is possible to establish a more stringent process through adoption of a resolution.
Commissioner Stiff forwarded his concern about the Mayor's proposal, stating that
acceptance of a single bid has sometimes been in the City's best interests in the past.
City Attorney Luwe reminded the Commissioners that they have the right to reject any
bid they feel is too high. He noted that such a step will let the
bidders know the amount of
that bid; however, he noted, it will also let them know that the amount was unacceptably high.
He then asked that the Commission give the staff some guidelines for the proposed policy, so
staff can prepare a resolution for their consideration.
. Mayor Stueck encouraged the staff and Commission to give further consideration to this
issue before trying to establish a policy.
The City Attorney noted that, while the City is governed by statutory requirements for
the bidding process, the statutes also provide for the request for proposals process in certain
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circumstances, and that option may be available for some of the projects which are currently
being bid.
Commissioner Rudberg expressed concern about opening and rejecting bids because the
numbers is those bids is then public information.
Mayor Stueck asked the Commissioners to give further consideration to this issue.
.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
AODlication for Beer and Wine License - Costco Wholesale CorDoration dba
Costco Wholesale. 2505 Catron Street - Calendar Year 1997; contingent
uDon receiot of State License
Authorize City Manager to sian - Annexation Aareement with Northwood Land
and Livestock - 0.664-acre tract known as Dortion of Tract B. COS No.
573. located in the SW%. Section 13. T2S. R5E. MPM (1800 block of
West Ka9Y Boulevard)
Commission Resolution No. 3196 - annexina 0.664-acre tract known as portion
of Tract B. COS No. 573. located in the SW%. Section 13. T2S. R5E.
MPM (1800 block of West Kaay Boulevard)
COMMISSION RESOLUTION NO. 3196
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
A TRACT OF LAND CONTIGUOUS TO SAID CITY (FORMERLY REFERRED TO AS
THE NORTHWOOD LAND AND LIVESTOCK ANNEXATION REQUEST) AND
HEREIN MORE PARTICULARLY DESCRIBED.
Authorize Mayor to sign -
Findings of Fact and Order for University
Condominiums Subdivision - subdivide 3.496 acres known as Tract A.
COS No. 573. Section 13. T2S. R5E. MPM into 34 condominium lots
( 1800 block of West Kaay Boulevard) (P-9719)
Authorize City Manager to sign - Annexation Agreement with Elva L. Arnold -
2.696-acre tract known as COS No. 947. located in the SW% Section
11. T2S. R5E. MPM (south side of West Babcock Street iust east of
Fowler Avenue)
Commission Resolution No. 3197 - annexing 2.696-acre tract known as COS
No. 947. located in the SWy... Section 11. T2S. R5E. MPM (south side
of West Babcock Street iust east of Fowler Avenue)
. COMMISSION RESOLUTION NO. 3197
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
A TRACT OF LAND CONTIGUOUS TO SAID CITY (FORMERLY REFERRED TO AS
THE BOZEMAN INTERFAITH HOUSING II ANNEXATION REQUEST) AND HEREIN
MORE PARTICULARLY DESCRIBED.
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It was moved by Commissioner Stiff, 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 Stiff, Commissioner Frost, Commissioner Rudberg
. and Mayor Stueck; those voting No, none.
Recess - 3:45 p.m,
Mayor Stueck declared a recess at 3:45 p,m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Commission Resolution No. 3195 - levvina and assessina tree maintenance district for Fiscal
Year 1998
. This was the time and place set for the public hearing on Commission Resolution No.
3195, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3195
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 1998 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 Stueck opened the public hearing. He recognized that the notice mailed to all
property owners this year has created a significant amount of confusion. He then stressed that
the tree maintenance assessment is set annually and has been levied in each of the past seven
. years. He noted that the assessment rate under this resolution is $0.00140 per square foot,
which is the same assessment rate set for Fiscal Years 1996 and 1997.
Included in the Commissioners' packets were a letter of support from Najaria Hurst Esty,
511 Henderson; and letters of opposition from Merlin and Linda Nelson, 522 Concord; Paddy
Ferriter, Butte, Montana; Don and Charlene McKenzie, 811 North 17th Avenue; Reinhardt W.
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Carlson, Atlanta Georgia; Luther D.A. and Nellie Reel, 11 South Yellowstone Avenue #30; and
Gilbert J. Vicain, Whitehall, Montana.
Mr. Don Kreitz, 2001 Fairway Drive, stated that he lives in Westridge Meadows, which
is a planned unit development. He stated that the homeowners' association maintains the park
which is located within their development. He asked if the association is given any funding
. assistance in maintaining the park area from this source or if any relief is granted from this
assessment because the association maintains it. He
also asked if developments in newly
annexed portions of the city are being required to provide maintenance for the trees planted,
suggesting that if they are not, the assessment will probably need to be increased to pay for
the additional demands on the service.
Mr. Jack Dugan forwarded a statement on behalf of the Gallatin County Fair Board. He
distributed copies of a memo, dated August 12, listing the services provided at no cost to the
City. He noted that those include providing an area for storage of snow in the winter, use of
the facilities for firefighter training sessions and use of the kitchen in Building NO.4 for the Fire
Prevention Week breakfast. He encouraged the Commission to carefully
consider the
. cooperative efforts between the County and the City as they consider the proposed
assessment, particularly in light of the fact that for the Fairgrounds, it is to increase from $200
to $4,000 this year. He cautioned that if such an increase is enacted,
it may become
necessary for the County to charge the City for use of the Fairgrounds.
Mr. Ralph Bray, 1615 South Black Avenue, asked about the amount of the special
assessment and why it is assessed.
Ms. Dorothy Fraker, 2405 West College Street, stated she and her husband own the
West College Street Mobile Home Park, where a significant number of retired people reside.
She expressed concern that taxes and assessments have increased significantly over the past
twenty years, and they cannot raise the rents to cover the additional costs because so many
of their tenants are on fixed incomes and cannot absorb the increases.
. Ms. Vicki Byrer, 701 North Montana Avenue, stated she was born and raised in
Bozeman. She forwarded her support for the City's forestry program and her willingness to pay
the tree maintenance assessment. She stated that the City's
forestry crew is small but
effective. She reminded everyone of the heavy snowstorm this winter, and the quickness with
which the broken trees and limbs were taken care of and picked up. She noted that a private
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company would not have responded as quickly or as well as the City crews did. She thanked
the City for this program and encouraged that it be continued.
Responding to Mayor Stueck, Assistant City Manager Ron Brey stated that the City
crews take care of trees in all public places, including street rights-of-way and public parks.
He stated that this includes all areas within city limits except Story Hills. He then noted he is
. not familiar with the particulars of the park area in the Westridge Meadows area and, therefore,
cannot respond to that specific question. He reminded the Commission
that the assessment
resolution establishes caps on the assessments levied, noting that residential properties are
assessed for up to 1 % times the minimum lot size, commercial and industrial properties are
assessed for the entire square footage, and public lands and institutions property is assessed
for 25 percent of the square footage.
Mayor Stueck noted that, at the assessment rate of $0.00140 per square foot, an
S,OOO-square-foot residential lot would be assessed approximately $1.15 per month. He then
noted that last year, the City Commission voted to not impose the additional assessment
against the Fairgrounds since the error on square footage assessed was discovered after the
. budget had been set for the fiscal year but before the assessments were due. He stated that
at that time, the City Commission advised the County Commission that the full assessment
would be levied beginning this year. He then encouraged the Fair Board to
recognized that,
since the Fairgrounds is zoned PU, the assessment is at 25 percent of the full rate.
He also
encouraged representatives of Gallatin County to recognize, as it makes its decisions, that
Bozeman lies within Gallatin County. He noted that over the past five years,
the City crews
have completed one pass through the community and, starting last year, they began the second
pass through.
Commissioner Frost noted that when the tree inventory was completed approximately
six years ago, the urban forest was valued at $19 million.
He noted that with the
implementation of the comprehensive tree trimming program, the health of the trees has been
. upgraded, life expectancy of the trees has been extended, and the value of this asset has
increased significantly more than the amount of monies expended on the program.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
Commission finally adopt Commission Resolution No. 3195, levying and assessing the tree
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maintenance district assessments for Fiscal Year 1997-1998.
The motion carried by the
following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
Commissioner Rudberg stated that during last year's budgeting process, she raised the
issue of privatizing this program and stated she intends to do so again this year. She noted
. that this is mostly due to the cost of the specialized equipment and stressed that she does not
believe any City employees should be laid off; rather, any decreases in staffing level should be
addressed through attrition. She also noted that one
employee must remain in the Forestry
Division to identify the work to be completed by the private company and to oversee that work.
Mayor Stueck stated that this issue should be the subject of a future agenda item, since
it was not advertised as a part of this agenda item.
Public hearing - COA with deviations from Sections 18.65.070.A.1.. 18.65.070.A.2. and
18.30.050. Bozeman Municioal Code. to allow 38.4 sauare feet of Dole signage and a total of
79 sauare feet of signage and allow construction of 594-sauare-foot enclosed olav area in
existing front vard encroachment on Tracts C and D. Minor Subdivision No. 19 - Buraer King.
1922 West Main Street (Z-9796)
. This was the time and
place set for the public hearing on a
Certificate of
Appropriateness with
deviations from Sections
18.65.070.A.1., 18.65.070.A.2. and
18.30.050 of the Bozeman Municipal Code, as requested by Burger King under Application No.
Z-9796, to allow 38.4 square feet of pole signage and a total of 79 square feet of signage and
to allow construction of a 594-square-foot enclosed play area in an existing front yard
encroachment on Tracts C and D, Minor Subdivision No. 19.
The subject property is more
commonly known as 1922 West Main Street and lies within the West Main Street entryway
overlay corridor.
Mayor Stueck opened the pUblic hearing.
Associate Planner Dean Patterson presented the staff report. He stated that under the
requested deviations, a 20-percent increase in the size of the freestanding sign is requested,
. allowing a total of 38.4 square feet of signage rather than the 32 square feet allowed under
the code. He noted that the proposed signage includes a 6-foot by 6-foot logo sign and a 1 %-
foot by 6-foot "drive thru" sign; and the size of the "drive thru" sign must be reduced to
comply with the 38.4-square-foot maximum allowed under the deviation.
The Associate
Planner stated that a 20-percent increase in the total amount of signage allowed on the lot is
08-18-97
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also being sought. He noted that under this deviation, a total of 80.2 square feet of signage
would be allowed, and the proposed signage totals 79 square feet.
The Associate Planner stated the third deviation is to allow the encroachment of the
playland addition into the front yard. He stated that this encroachment would
cover
approximately one-half of the area in the existing encroachment, and staff supports it because
. it would reduce the amount of encroachment.
Associate Planner Patterson stated that a fourth deviation was also identified during
review of this application, although it cannot be considered at this time because it was not
advertised. He noted that the proposed freestanding sign is 6 feet high, plus the width of the
"drive thru" sign, and must be a minimum of 8 feet off the ground.
He reminded the
Commission that under the sign code, the maximum height of a freestanding sign is 13 feet
and, with a 20-percent deviation, the maximum height would be 15.6 feet.
The Associate Planner forwarded staff's recommendation that the Commission consider
the three deviations which have been advertised and that the fourth deviation be forwarded
through the process as quickly as possible if the applicant chooses to pursue it. He noted this
. approach would allow the applicant to proceed with the addition for the playland area as well
as the outside seating area and on-site improvements while awaiting Commission action on the
freestanding sign.
The Associate Planner stated that staff has reviewed this application in light of the three
criteria established in the zone code, and the staff's comprehensive findings are contained in
the staff report which was previously distributed to the Commission.
He then stated that on
August 12, the Design Review Board considered this application.
Following its review, the
Board forwarded a unanimous recommendation for approval of the three requested deviations.
He noted that on July 29, the Development Review Committee considered the application and,
following its review, also forwarded a recommendation for approval, subject to several
conditions.
. Associate Planner Patterson stated that during review of this application, concerns were
expressed about the proposed addition and whether an adequate view would be provided for
cars maneuvering around the site. As a result, the addition was modified to provide for a better
view, and the side benefit is a more attractive structure. He also noted
that on-site
improvements, including the exterior lighting and landscaping, were also discussed.
08-18-97
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The Associate Planner stated that, following its review of the application, the Design
Review Board modified Condition No.1, and the revised condition is included in the memo
dated August 13. He asked that the Commission consider including Condition
No.1, as
suggested by staff, rather than the condition as recommended by the Design Review Board,
to allow staff an opportunity to review the entire landscape plan.
. Mr. Glenn Oakes, applicant, distributed copies of the standard 6-foot by 6-foot Burger
King sign with the secondary 1-foot by 6-foot sign below it and the standard 4 Y2 -foot by 6-foot
reader board section below that. He also showed pictures of the
existing signs at Wendy's,
Hardee's, McDonald's and Burger King to the Commission. He stated that the current Burger
King sign is a 10-foot by 10-foot logo sign with the secondary sign and a 4-foot by 8-foot
reader board sign. He then forwarded his interest in being allowed to have the same signage
as his competitors, rather than the limitations being proposed. He stated that the new sign is
to be set back 15 to 20 feet from the roadway, in the existing island.
Mr. Oakes stated that substantial improvements are being proposed to the existing site.
He noted that the costs for the new addition and site improvements are estimated at
. $300,000, and stated the result should be a greatly enhanced site.
He said that the outside
picnic area will include four to six tables, and will be ADA accessible. He also stated that the
metal buildings at the rear of the restaurant are to be replaced with a cold freezer that is
integrated into the building.
Responding to questions from the Commission, Associate Planner Dean Patterson
confirmed that the Commission may not consider a deviation for height at this time.
He
reminded the Commission that the sign code limits freestanding signs to 32 square feet and,
with a 20-percent deviation, that can be increased to 38.4 square feet. He noted that a reader
board can be incorporated into that square footage if the applicant so chooses.
Responding to Mayor Stueck, City Attorney Luwe stated the Commission may act on
a portion of the application and defer action on a portion of the application if it so chooses.
. Responding to questions from Commissioner Rudberg, the Associate Planner stated that
the expansion of the building triggers the minor site plan review process, under which signage
must be brought into compliance with the code. He recognized
that the Commission could
delay any action on the requested deviations for the sign; however, he cautioned that the
existing freestanding sign would then be allowed to remain until the Commission took action.
08-18-97
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Further responding to Commissioner Rudberg, the Associate Planner stated that allowing
the sign which Mr. Oakes has requested during his presentation would require major variances
to both the height and area limitations in the sign code.
Following a brief discussion, the Mayor suggested that the City should not proceed with
any type of action to increase the height of the sign; rather, he stated the applicant should
. forward a request based upon what height he is seeking.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
18.65.070.A.1., 18.65.070.A.2. and 18.30.050 ofthe Bozeman Municipal Code, as requested
by Burger King under Application No. Z-9796, to allow a total of 38.4 square feet of
freestanding pole signage and a total of 79 square feet of signage on the lot, and to allow
construction of a 594-square-foot enclosed play area in an existing front yard encroachment
on Tracts C and 0, Minor Subdivision No. 19, subject to the following conditions:
1. The landscape plan shall show adequate information describing the patio
and planters, including elevations, sections, dimensions, materials and
. plants. A tree shall be provided on the south side of the patio to provide
summertime shade for customers. The patio planters shall be physically
connected to the building to improve the massing and dimensionality of
the west and north elevations, and to provide additional child security
on
the patio.
A vertically short portion of metal fence, or other similar
element, is recommended along the top of the planters to add detail and
interest to the planters and elevations. The plan shall include landscaping
which addresses the
landscaping standard required for entryway
setbacks, and additional landscaping around the pole sign to mitigate its
increased size. The plan shall also include other landscaping required
by
the Bozeman Municipal Code.
2. Signage shall conform to the Bozeman sign code, and to the deviations
approved by the City Commission.
3. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application.
Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications,
as required by Section 18.62.040 of the Bozeman Municipal Code.
. 4. All on-site lighting shall be in conformance with Section 18.50.035.A.
of
the Bozeman Municipal Code.
5. Drive through
speakers shall be
in conformance with Section
18.50.020.C.6. of the Bozeman Municipal Code.
6. The relocated trash enclosure shall be enclosed and in conformance with
Section 18.50.035.0. of the Bozeman Municipal Code.
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7. A bike rack shall be provided as required by Section 18.50.035.R. of the
Bozeman Municipal Code.
8. Utility components and mechanical equipment shall be screened as
required by Section 18.50.070.E. of the Bozeman Municipal Code.
9. The site plan shall provide a minimum of two disabled accessible spaces.
10. The landscape plan shall be designed and certified by a registered
. landscape professional. The plan shall include how the new landscaping
is to be irrigated. Hand irrigation
is not acceptable. The plan shall
provide the required street trees, as deemed necessary by the Planning
Director, and shall earn at least 23 performance points as required in
the
zone code. Plant size at planting shall conform with the requirements of
the zone code.
11. The parking lot, the commercial use, and the loading berth shall be
screened with landscaping from the adjacent R-Q residential use.
The
islands at the south ends of the rows of parking shall be planted to a
height of 4 to 6 feet. The portion of island along the drive through shall
be planted to a height of 6 feet, with accommodation made for the drive
through ordering station.
12. The final site plan shall be adequately dimensioned.
13. Where revised, typical curb details (i.e., raised and/or drop curbs) and
typical asphalt paving section details shall be provided to and approved
by the City Engineer.
Concrete curbing shall be provided around the
entire new parking lot perimeter and adequately identified in the final
site
plan.
. 14. Where revised, the configuration of the off-street parking shall comply
with the requirements of Section 18.50.120 of the Bozeman Municipal
Code, unless a deviation or variance is granted by the governing body.
This includes parking stall dimensions, drive aisle widths, lot surfacing,
and curbing.
15. All existing utility and other easements must be shown on the final site
plan.
16. Drive approach and public street intersection sight triangles shall be
free
of plantings which at mature growth will obscure vision within the sight
triangle. The site triangles shall be kept free of snow that would obscure
vision.
17. The applicant should attempt, where possible, to direct storm drainage
runoff towards new or existing landscaped areas to provide treatment
and storage.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
08-18-97
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Public hearing - Conditional Use Permit with variance from Section 18.65.070.C. and deviation
from Section 18.50.100.D.5.c.ii.(AL BMC to allow construction of 31.184-sauare-foot
building. 96 sauare feet of sianaae in a residential zone. and not reauire screenina of parking
areas on Tract 1. cas No. 1837 - Grace Bible Church (southwest corner of Stucky Road and
South 19th Avenue) (Z-9710m
This was the time and place set for the public hearing on a Conditional Use Permit with
variance from Section 18.65.070.C. and deviation from Section 18.50.100.D.5.c.ii.(A),
. Bozeman Municipal Code, as requested by Grace Bible Church under Application No. 2-97100,
to allow construction of a 31, 184-square-foot building, installation of 96 square feet of signage
in a residential zone, and to not require screening of parking areas on Tract 1, COS No. 1837.
The subject property is more commonly located at the southwest corner of Stucky Road and
South 19th Avenue.
Mayor Stueck opened the public hearing.
Assistant Planner Jody Olsen presented the staff report. She stated that this application
is for the construction of a 31, 184-square-foot church on 16.91 acres located at the southwest
corner of the intersection of South 19th Avenue and Stucky Road. She noted that the subject
property is zoned "AS", Agricultural Suburban, and churches are allowed as a conditional use
. in that zone. In conjunction with the construction of the church, the applicant
is seeking a
deviation from Section 18.50.1 00.D.5.c.ii. (A) of the Bozeman Municipal Code, to not require
the screening of the parking lot from the public streets or adjacent residential uses.
The
applicant is further seeking a variance from Section 18.65.070.C. of the Bozeman Municipal
Code, to allow the installation of two 48-square-foot monument signs, for a total of 96 square
feet of signage. She noted that under the current sign code, there is no provision for signage
for non-residential uses in the" AS" zoning district.
The Assistant Planner stated that staff has reviewed the application for a conditional use
permit in light of the six criteria for review of conditional use permits, reviewed the application
for deviation in light of the three criteria established in the zone code for consideration of
deviations, and reviewed the application for variance in light of the three criteria established by
. the Montana Supreme Court and set forth in the zone code for consideration of variances; and
the comprehensive staff findings are contained in the written staff report, which was previously
distributed to the Commission. She stated that the Development Review Committee and the
Design Review Board also reviewed these requests, and their comments have been forwarded
as well.
08~ 18-97
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The Assistant Planner stated that the City-County Planning Board conducted its public
hearing on this application at its August 5 meeting. FOllowing
the public hearing and
consideration of the criteria and staff findings, the Board concurred in staff's recommendation
for approval, subject to 21 conditions.
Mr. Dan Kamp, architect representing the Grace Bible Church, stated that the applicant
. generally agrees with the conditions as recommended by the Planning Board. He stated that
the proposed monument signs are designed to be visible to motorists as they travel on South
19th Avenue and Stucky Road. He noted that the signs are
not to be obtrusive, but are
designed to be readily seen from the roadway.
Mr. Kamp stated that the deviation to the landscaping requirement is being sought
because of the character of the area, which is rural in nature at this time, and because of the
extensive landscaping that is proposed on the remainder of the nearly 17 acres. He recognized
the importance of ensuring adequate screening of parking lots in the urban areas, but suggested
it is not necessary in this instance since the adjacent properties for which screening is needed
lie to the west and south. He stated that the minutes and record
from the Planning Board
. meeting reflect the applicant's offer to submit a revised landscape plan to the Design Review
Board which better addresses the concerns raised by the neighbors and the staff.
Ms. Luzann Bennett, 5532 Stucky Road, noted that she had written a letter to the
Commission, dated July 31, stating her protest to the requested conditional use permit with
deviation and variance, stating she feels they should comply with the requirements for
landscaping and signage. She then asked what type of landscaping is proposed for the subject
site, noting that her house looks directly on this site. She noted that for the past thirty years,
she has had an unobstructed view, and recognizes that the view will not last forever.
She
asked, however that the Commission ensure steps are taken to mitigate the visual impacts she
will encounter.
Ms. Chris Seifert, 5700 Fowler Lane, stated she lives a mile west of the subject
. property and travels through the intersection of Stucky Road and South 19th Avenue on a
regular basis. She noted that the volume and speed of traffic on South 19th
Avenue often
make it difficult to get onto that roadway at the present time. She asked that the Commission
take steps to ensure that any landscaping allowed near that corner not interfere with visibility,
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particularly since she recognizes the traffic volume will increase with this church and other
development in the area.
Ms. Seifert then questioned the need for large signs to identify the church.
She
characterized this area as "virgin territory", noting that it is visible from quite a distance.
Ms. Seifert asked where access to the church property will be provided, both on South
. 19th Avenue and Stucky Road. She asked that steps be taken to ensure that the entrances
are not close to the intersection because of the increased danger that could result.
Ms. Seifert questioned whether adequate on-site parking will be provided for the church.
She noted that the parking area for the Evangelical Free Church seems to be adequate on
Sunday mornings, but on Wednesdays there are many cars parked along South 19th Avenue.
Mr. Dan Kamp stated the proposed signs are to be 5 feet 4 inches by 8 feet 6 inches
and are to be similar in material to the structure, which includes synthetic stucco and brick.
He estimated the distances of the entrances from the intersection to be 600 feet on South 19th
Avenue and 500 feet on Stucky Road.
Mr. Kamp stated that when staff confirmed the number of parking spaces needed for
. the church, he felt the number was quite high. He stated, however, that after reviewing other
church sites and surveying the current church needs and projecting the number of spaces
needed to address what are anticipated needs in the new facility, he found that they were
within 10 percent of the number required by the code. He
noted that, in light of those
calculations, the number of parking spaces required by the zone code have been provided, and
he feels that it will be adequate.
Responding to Mayor Stueck, Mr. Kamp stated he feels it is appropriate to provide a
revised landscape plan for staff review. He noted that with the
revised plan, he will be able
to address some of the concerns raised by the neighbors and incorporate some of the
recommendations from the Design Review Board. He then stated
his concurrence with the
neighbors' comments that landscaping is a critical element in the success of the project.
. Mayor Stueck stressed the importance of ensuring that only low-profile vegetation is
provided near the intersection of South 19th Avenue and Stucky Road.
Mr. Kamp stated he recognizes the importance of leaving the corner open to ensure
visibility. He then noted that the landscape plan includes 275 trees and 661 shrubs, and the
08-18-97
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revised plan should address all of the concerns that have been raised about their possible
placement.
Responding to Commissioner Frost, Mr. Kamp stated that the lighting on the building
will be subject to review by the Planning staff and will comply with the zone code
requirements.
. Responding to Mayor Stueck, Assistant Planner Olsen stated that staff will review the
revised landscape plan. She then noted that the landscape plan will also be available to anyone
from the public who wishes to view it in the Planning Office. She stated the applicant will be
required to sign waivers of right to protest the creation of SIDs, including street improvements
to South 19th Avenue and Stucky Road and the possible signalization of the intersections of
South 19th Avenue with Kagy Boulevard and Stucky Road.
Ms. Chris Seifert noted that the speed limit on South 19th Avenue at Stucky Road is
55 miles per hour. She asked that this be taken into consideration as the landscaping
is
installed.
Mr. Don Seifert, 5700 Fowler Road, asked if Stucky Road is to be paved. He noted that
. at the present time, it is very rough near the intersection with South 19th Avenue, since it
tends to washboard badly.
Assistant Planner Olsen stated that Stucky Road is to be paved to a 60-foot-wide
County road standard from South 19th Avenue west to the property line.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the deviation from Section 18.50.100.D.5.c.ii.(A) of the Bozeman
Municipal Code, to not require the screening of the parking lot from the public streets or
adjacent residential uses, as requested by Grace Bible Church under Application No. 2-97100.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Rudberg and Mayor Stueck; those voting No, none.
. It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the
Commission approve the variance from Section 18.65.070.C. of the Bozeman Municipal Code,
to allow the installation of two 48-square~foot monument signs, for a total of 96 square feet
of signage, as requested by Grace Bible Church under Application No. 2-97100. The motion
08-18-97
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carried by the following Aye and No vote:
those voting Aye being Commissioner Frost,
Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Conditional Use Permit requested by Grace Baptist Church, under
Application No. 2-97100, to allow construction of a 31, 184-square-foot building, on Tract 1,
. cas No. 1837, subject to the following conditions.
1 . Details shall be included with the final site plan, for any wall-mounted
lighting that will be installed on the building.
Administrative Design
Review staff will review the details to ensure that the fixtures are
compatible with the architecture of the building and the site design.
2. On the final site plan, the applicant shall show any mechanical and/or
ventilation equipment, as well as the screening for this equipment.
3. The applicants shall install additional landscaping in the yard along Stucky
Road. The landscaping
shall consist of native trees, such as poplar,
aspen, willow or cottonwoods and be planted along the property line to
reinforce the existing pattern of open spaces between lines of trees.
4. With the final site plan, the applicant shall submit elevations for the
north
and south facades. These elevations will be reviewed by Administrative
Design Review staff to ensure consistent architectural design.
5. With the final site plan, the applicant shall submit a color palette for
the
. building and the sign, as well as a better description of materials to
be
used and detailing on the elevation drawings.
6. The final site plan shall show the actual property line, or the lines for
an
artificial lot if an artificial lot is being used. The required setbacks
shall
be shown from these lines. If the project cannot fit on the existing 12-
acre Certificate of Survey (CaS), the new cas creating the 17-acre tract
shall be filed with the Clerk and Recorder's Office.
The applicant has
180 days to file a new cas after a subdivision exemption has been
approved.
7. The applicants shall obtain an address from the Gallatin County Road
Department prior to any work on the site.
A temporary form of the
address shall be displayed at all times during construction of the building,
and a permanent address shall be displayed upon completion of the
development.
8. The applicant shall submit plans to the Sourdough Rural Fire Protection
District for their review and approval prior to final site plan approval.
The
applicants must submit a letter from the Sourdough Rural Fire Protection
District to the Planning Office indicating that the plans are acceptable.
. 9. Montana Department
of Environmental
Quality approval for any
dewatering and discharge of groundwater (i.e., during trenching activities
for the installation of improvements) must be obtained prior to final site
plan approval.
10. If construction activities related to the project result in the disturbance
of
more than 5 acres of natural ground, an erosion/sediment control plan
may be required.
The Montana Department of Environmental Quality,
Water Quality Bureau, shall be contacted by the applicant to determine
08-18~97
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- 24 ~
if a Storm Water Discharge Permit is necessary. If required by the Water
Quality Bureau, an erosion/sediment control plan shall be prepared for
disturbed areas of 5 acres or less if the point of discharge is less than
100 feet from State waters.
11. The Montana Fish, Wildlife & Parks, Soil Conservation Service, Montana
Department of Environmental Health and Army Corps of Engineers shall
be contacted regarding the proposed project and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to
final
. site plan approval.
12. Water and sewer plans shall be approved by the Montana Department of
Environmental Quality; Montana Department of Environmental Quality
approval for any water supply well installation must be obtained prior
to
final site plan approval.
13. Applicant shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of SIDs for the
following:
a) Street improvements
to 19th Avenue and Stucky Road, including
paving,
curb/gutter, sidewalk, and
storm drainage (unless
currently filed
with the property).
b) Signalization of
the intersection of Kagy Boulevard and 19th
Avenue.
14. The encroachment on Stucky Road shall be at least 400 feet from the
intersection of South 19th Avenue. The encroachment on South 19th
Avenue shall be at least 500 feet from the intersection of Stucky Road.
Encroachment permits shall be obtained from the Gallatin County Road
Office for both of these encroachments.
. 15. The applicant shall install STOP signs on the approaches to Stucky Road
and South 19th Avenue.
16. That applicant shall sign waivers of right to protest the creation of RIDs.
17. Forty feet of right-of-way shall be provided along Stucky Road for the
length of the subject property to provide for a future right-of-way width
of 80 feet.
This 40 feet of road shall be paved according to county
standards for the length of the subject property. All road work shall be
inspected and certified by a licensed engineer, and such inspection and
certification shall be provided to the Gallatin County Road office in
writing prior to the issuance of an occupancy permit. A one year written
warranty from the contractor shall be required and must be submitted to
the County Road office prior to final approval and issuance of an
occupancy permit.
18. If any infrastructure intended for future connection to City of Bozeman
sewer and/or water is installed with this project, it shall be installed
according to City of Bozeman standards with materials approved by City
of Bozeman modifications to the Montana Public Works Standards
. Specifications, 4th Edition, January 1996.
All installations shall be
inspected by City of Bozeman water/sewer personnel.
19. Any main line installations shall be engineered and approved by both the
City of Bozeman and the State of Montana prior to installation.
20. Anyon-site fire hydrants required shall be installed with the same
stipulations listed in Conditions 18 and 19.
08-18-97
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21. A revised landscaping plan shall be submitted with the final site plan.
This revised landscape plan shall be reviewed by staff to ensure that it
satisfies the landscaping requirements of the zone code, and that the
concerns expressed at the Planning Board public hearing by the Board
members and the public are addressed adequately.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
.
Public hearina - Commission Resolution No. 3181 - intent to annex 89:t acres beina a Dortion
of Film 50. Paae 177. located in the E%. NE% and the SE%. Section 36. T1S. R5E. MPM
(along west side of Manlev Road. extending north from Griffin Drive) (Tablerock Ventures. Inc..
for David and Thelma Manlev) (A-9706)
This was the time and place set for the public hearing on Commission Resolution No.
3181, as approved by the City Attorney, and entitled:
COMMISSION RESOLUTION NO. 3181
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.
. Mayor Stueck opened the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the letter from Tablerock Ventures, Inc., dated August 13,
and continue the public hearing to 7:00 p.m. on Tuesday, September 2, when a full
Commission is present. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Stiff, Commissioner Frost, Commissioner Rudberg and Mayor Stueck;
those voting No, none.
Public hearing - Zone MaD Amendment - AS to R-3. R-4 and M-2 - 89 + acres being a Dortion
of Film 50. Paae 177. located in the E%. NE% and the SE%. Section 36. T1S. R5E. MPM
(alona west side of Manley Road. extendina north from Griffin Drive) (Tablerock Ventures. Inc.,
for David and Thelma Manlev) (Z-9785)
. This was the time and place set for the public hearing on the Zone Map Amendment,
as requested by Tablerock Ventures, Inc., for David and Thelma Manley, under Application No.
Z-9785, to amend the zoning designation from "AS", Agricultural Suburban, to "R-3",
Residential--Medium-density, "R-4", ResidentialnHigh-density, and "M-2", Manufacturing and
Industrial, on 89:t acres, known as a portion of Film 50, Page 177, located in the East One-
08-18-97
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Half of the Northeast One-Quarter and the Southeast One-Quarter of Section 36, Township 1
South, Range 5 East, Montana Principal Meridian. The subject
property is more commonly
located along the west side of Manley Road, between Griffin Drive and the East Gallatin River.
Mayor Stueck opened the public hearing.
Mr. Greg Gianforte, 1320 Manley Road, stated his property abuts the subject property
. at the northeast corner. He noted that 30 percent of the subject property is wetlands, and is
bordered by the East Gallatin River on the north and the open space/wetlands controlled by the
Fish, Wildlife and Parks on the west. He stated that the neighbors to
the north, who are
developing the Old River Farm, have discovered that the FEMA maps do not accurately reflect
the areas prone to flooding, as identified this past spring. He indicated that, in light of the wet
nature of this parcel, it is the wrong place for the proposed medium-density residential zoning.
Mr. Gianforte noted that, instead of recommending approval of the zone map
amendment as proposed, the Planning Board has forwarded a recommendation for "M-1", Light
Manufacturing, and "R-2", ResidentialnSingle-family, Medium-density. He stated that all the
existing development along Manley Road is single-family residences on 20 + acres, with deed
. restrictions on most of those parcels to preclude any potential for further development.
He
noted that, in light of this type of development, the proposed zoning classifications are out of
character for the area and the road. He further noted that at the present
time, there are
approximately 200 vehicle trips per day on Manley Road and, under the proposed zoning, that
would increase to 2,000 trips per day. He stated there are currently 10 homes along Manley
Road and, under the proposed zoning, 500 more dwelling units could be constructed.
Mr. Gianforte noted that his property and the property owned by Ms. Susan Young
extend along the entire east boundary of the subject property. He then read into the record a
letter from Ms. Susan P. Young, dated August 18. In that letter,
Ms. Young forwarded her
opposition to the proposed "R-2" zoning, because it is inappropriate so close to the river. She
noted that two parcels along the east side of Manley Road, containing 50 + acres, represent
. the entire length of the subject 90 acres, and those two parcels have deed restrictions limiting
development to two single-family residences. She stressed that, given the density of existing
development, even "R-1", ResidentialnSingle-family, Low-density, is too dense for the subject
property, since it would allow up to 261 single-family dwellings on the 60 acres that would be
designated for residential development.
08-18~97
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- 27 .
Mr. Gianforte continued reading Ms. Young's letter, in which she stressed
that the
proposed industrial and residential zoning are not compatible with the open space and single-
family large lot residential development that exist.
She concluded by encouraging the
Commission to annex those properties where services are readily available and where there is
public support for the annexation rather than the opposition which is being forwarded on this
. application.
Mr. Bob Batchelder, 960 Manley Road, expressed concern about the proposed
industrial
zoning on the southern portion of the property.
He encouraged the Commission to consider
the new Mergenthaler site, which has a nicely landscaped front yard. He noted, however, that
the landscaping which was to be provided along Manley Road is lacking, and the view from the
north needs to be addressed. He asked that the Commission not approve the proposed zoning,
stating he does not want to see this property develop like the Four Corners area.
Mrs. Susan Gianforte, 1320 Manley Road, stated that the subject property
is located
in an area where the noise levels are quite high.
She noted that it is close to the railroad
tracks, where several trains pass each morning, and close to the elevated North 7th Avenue
. overpass, from which there is a significant amount of vehicular noise.
She stated that their
house is buffered by a substantial number of very large trees, bushes and other vegetation, and
the noise level is still so high that she must close the windows in the morning when the noise
increases.
Ms. Gianforte stated that approval of the requested zoning will result
in an island of
urban density residential development surrounded by large tract rural residential development
and open space,
and she feels that
would be inappropriate. She
encouraged the
Commissioners to consider these factors as they act on this requested rezoning.
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that
the
Commission acknowledge receipt of the letter from Tablerock Ventures, Inc., dated August 13,
and continue the public hearing to 7:00 p.m. on Tuesday, September 2, when a full
. Commission is present. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck;
those voting No, none.
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Adjournment - 8:18 c.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those
. voting No, none.
{ OOW ;:/37t;;-A_,#
DON E. STUECK, Mayor
ATTEST:
W~J~~
ROBIN l. SULLIVAN
Clerk of the Commission
.
.
08-18-97
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