HomeMy WebLinkAbout1997-03-17 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 17, 1997
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The Commission of the City of Bozeman met in regular session in the Commission Room,
. Municipal Building, March 17, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City
Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes. March 3 and March 10. 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of March 3 and March 10, 1997, be approved as submitted. The
. motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
Decision - Conditional Use Permit - Ileana Indreland and Michael W. Delanev for Bozeman
Athletic Club - allow servina of alcoholic beveraaes in restaurant in athletic club located on
Tracts A and B, COS No. 1872. and Tract 2. COS No. 1846 (8601 Huffine Lane) (Z-9643)
This was the time and place set for the decision on the Conditional Use Permit requested
by Ileana Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application
No. Z-9643, to allow the sale of alcoholic beverages in conjunction with the development of
a 73,000-square-foot athletic club on Tracts A and B, Certificate of Survey No. 1872, and
. Tract 2, Certificate of Survey No. 1846. The subject parcel is more commonly located at 8601
Huffine Lane.
Assistant Planner Chris Saunders reminded the Commission that the public hearing was
held on July 1, 1996. Following that hearing, the Commission decided to separate the
conditional use permit for serving of alcoholic beverages in the restaurant from the conditional
use permit for the athletic club with restaurant. The Commission then approved the athletic
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club, subject to 27 conditions, and held this portion of the conditional use permit until after the
State had made its decision on issuance of the new beer and wine license. He reminded the
Commission that the State has made its decision and, at the March 3 meeting, the Commission
also approved the conditional use permit to allow the serving of beer and wine at the Cafe
Internationale, which was selected as the successful applicant.
. The Assistant Planner reminded the Commission that Mr. Delaney has requested
approval of this application because he plans to obtain a license to serve alcoholic beverages,
possibly through the purchase of an existing license. He then forwarded his recommendation
that a condition be added to approval of this request which sets a deadline for the approval,
to ensure that an extended time period is not involved. He also reminded the Commission that
at the March 3 meeting, some discussion revolved around the possibility of not allowing gaming
machines in this establishment, particularly since they are allowed where alcoholic beverages
are sold. He noted that the Commission has received a memo from City Attorney Luwe, dated
March 7, in which he has suggested that this type of condition would probably not be legally
binding on a future owner of this facility if it were challenged.
. Responding to Commissioner Frost, City Attorney Luwe stated that the Court would
probably uphold a condition not allowing gaming machines for this owner, since he has
indicated his willingness to abide by the condition. He cautioned, however, that if the condition
were challenged in Court by a future owner, it would probably be struck down because gaming
machines are allowed in conjunction with a license to serve alcoholic beverages under State
statutes. He recognized that a deed restriction could be an alternative; however, he suggested
that could also be subject to legal challenge at some time in the future.
Commissioner Frost stated he cannot support this application if gaming machines are
allowed. He noted that, while he has never seen a health club with gambling machines, he
hasn't seen a health club serving alcoholic beverages, either. He expressed concern that under
. State statutes and the City's zone code, up to fourteen gaming machines could be installed at
this facility, and he feels that is inappropriate.
Commissioner Rudberg noted that this facility is located in an entryway corridor, which
triggers more stringent reviews under the zone code. She then stated that she can find no
basis on which to not approve this application, so she will support it.
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Mayor Stueck noted that this facility is to be constructed on what is now undeveloped
land, with no structures, including schools or churches, within 600 feet of it. He then stated
that, since this request is not subject to any of the statutory restrictions, he can find no basis
upon which to not approve this application.
It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the
. Conditional Use Permit requested by Ileana Indreland and Michael W. Delaney for Bozeman
Athletic Club West, under Application No. Z-9643, to allow the sale of alcoholic beverages in
conjunction with the development of a 73,OOO-square-foot athletic club on Tracts A and B,
Certificate of Survey No. 1872, and Tract 2, Certificate of Survey No. 1846, be approved,
subject to the following conditions:
1. If the property on which the project is located is annexed to the City of
Bozeman, the Development Review Committee shall again review the
project and may, if necessary, modify or impose additional conditions of
approval;
2. The final site plan shall be adequately dimensioned;
3. The State of Montana Department of Environmental Quality and Gallatin
County must verify, in writing, that the septic and well systems on the
. subject site are adequate for the proposed use, prior to issuance of
Building Permit approval;
4. The owner shall have all fire protection facilities and equipment approved
by the Rae Fire Chief prior to final site plan approval or by the Fire Marshal
of the City of Bozeman if annexation is approved;
5. The property owners shall provide and file with the County Clerk and
Recorder's office executed waivers of right to protest creation of SIDs and
RIDs, which shall specify that in the event SIDs or RIDs are not utilized for
the completion of these projects, the property owner shall agree to
participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by square
footage of the property, linear front footage of the property, taxable
valuation of the property, or combination thereof. The waiver shall include
the following:
a. Street improvements to West Babcock Street, Ferguson
Avenue, and Fallon Street, including paving, curb/gutter,
sidewalk, and storm drainage;
6. A 60-foot-wide public street and utility easement shall be granted to the
. City for the Fallon Street extension. A 45-foot-wide public street and
utility easement from the section line for the half of West Babcock Street
located on the applicant's property shall be granted. A 50-foot-wide
public street and utility easement for the half of Ferguson Avenue located
on the applicant's property shall also be granted. Fallon Street shall be
constructed to the full City standard, including curb and gutter, sidewalks
and storm drainage facilities or to a design standard reviewed and
approved by the City Engineer and the Director of Public Service from
Ferguson Avenue to the western property line and be provided with an
adequate temporary turn around. No gates shall be placed across Fallon
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Street. Plans and Specifications for Fallon Street and the approach to the
proposed facility from Fallon Street, prepared and signed by a Professional
Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer prior to initiation of construction of the
public street.
Typical curb details (i.e. raised and/or drop curbs) and typical asphalt
paving section detail for the on-site improvements shall be provided to the
. City Engineer for review and approval. Concrete curbing shall be provided
around the entire new parking lot and adequately identified on the final site
plan;
7. A Stormwater Drainage/Treatment and Grading Plan for a system designed
to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate
adequate site drainage by means of showing proposed contour lines and
spot elevations and stormwater retention basin details. A stormwater
maintenance plan shall be included which details maintenance operations,
schedule, and responsibility;
8. Plans and specifications for any fire service line must be prepared in
accordance with the City's Fire Service Line Policy, and be signed by a
Professional Engineer (PE) registered in the State of Montana, and shall be
provided to and approved by the City Engineer prior to initiation of
construction of the fire service or fire protection system. The applicant
shall also provide professional engineering services for construction
inspection, post-construction certification, and preparation of mylar record
drawings;
. 9. The Montana Department of Fish, Wildlife and Parks, Natural Resources
and Conservation Service, Montana Department of Environmental Quality,
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;
10. Drive approach and public street intersection sight triangles shall be free
of plantings which at mature growth will obscure vision within the sight
triangle;
11. A boulevard planting detail for Fallon Street shall be provided and must
comply with the Engineering Department standards. Root barrier material
should be used. Alternative plantings other than in typical sidewalk
locations on public streets may be considered by the Director of Public
Service;
12. All public or private street improvements including paving, curb and gutter,
sidewalks, and storm drainage facilities shall be completed and accepted
by the City of Bozeman prior to occupancy. No building permits will be
issued prior to approval of the plans and specifications and provision of an
acceptable financial guarantee
for the public street infrastructure
. improvements;
13. Any floor drains proposed for the facility shall be shown on the final site
plan. Floor drains located in vehiCle accessible areas shall be provided
with a City Standard grit/oil separator approved by the City Engineer. A
detail for the grit/oil separator shall be provided with the final site plan;
14. The developer shall guarantee funding of a traffic signal at Ferguson
Avenue and U.S. 191 (Huffine Lane) by providing a letter of credit or
certificate of deposit to the City of Bozeman for 25 percent of the cost of
the traffic signal prior to the issuance offinal site plan approval. The value
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of the proportional cost (25 percent) is currently estimated to be
$25,101.75. The letter of credit or certificate of deposit shall be in force
for a period of not less than twenty-four (24) months and shall be
renewable at the option of, and at no cost to, the City of Bozeman.
The applicant should be aware that if in the future there is a desire to
connect water, sewer or storm drain utilities on the site to the City's
system, the applicant must provide to the City plans and specifications for
. said water, sewer and/or storm sewer mains, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana which have
been approved by the Montana Department of Environmental Quality
which meet all of the requirements of the City Engineering and Water and
Sewer Departments. The applicant shall also certify that professional
engineering services for construction inspection and post-construction
certification were provided and mylar record drawings shall be given to the
City.
Prior to any future connection to City services, the applicant will also be
required to submit a detailed utilities design report prepared by the
applicant's engineer. The report shall assess both the wastewater flows
and water demands of the development in relation to the existing system's
capacity to provide the required service. Any deficiencies in the existing
infrastructure shall be corrected to the extent necessary to provide service
to the development.
It should also be noted that prior to annexation or further development of
the site, a more detailed traffic impact analysis shall be provided to the
City Engineer for review;
. 15. If annexation for this property'is completed, appropriate impact fees will
be assessed;
16. Zone map amendments that have been approved but not adopted which
impact this property shall be completed prior to final site plan approval;
17. No expansion of or development directly dependent upon the Bozeman
Athletic Club West Conditional Use Permit shall be approved prior to the
installation of the City sanitary sewer interceptor master planned to serve
this property. The future sewer interceptor which lies largely in the
Cottonwood Road alignment, i,e.', the Cottonwood Trunk Sewer Line, is
currently master planned to serve this property;
18. Any above ground sewage treatment structures shall be subject to review
and approval by the City-County Planning Office. Said review shall
include, at a minimum, siting, landscaping, screening, odor control and
possible visual impacts with related mitigation;
19. The property owners shall provide and file with the County Clerk and
Recorder's office an executed waiver of right to protest creation of SIDs
and RIDs as described below, which shall also specify that in the event
SIDs or RIDs are not utilized for the completion of the Cottonwood trunk
. sewer line, the property owner shall agree to participate in an alternate
financing method for completion of said improvements on a fair share,
proportionate basis as determined by square footage of the property, linear
front footage of the property, taxable valuation of the property, or
combination thereof. The waiver shall include the following:
a. Construction of the Cottonwood trunk sewer line, including
design, engineering, construction, testing and acquisition of
right-of-way;
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20. This approval shall be valid for a period of one year from this date. By
that deadline, the applicant must show proof that he has either purchased
a license or obtained a license from the State of Montana Department of
Revenue Liquor Division;
21. Seven copies of the final site plan containing all of the conditions,
corrections, and modifications approved by the City Commission shall be
submitted for review and approved by the Planning Director within six
. months of the date of City Commission approval;
22. The applicant shall enter into an Improvements Agreement with the City
to guarantee the installation of required on-site improvements at the time
of Final Site Plan submittal. Detailed cost estimates, construction plans
and methods of security shall be made a part of that Agreement;
23. If occupancy of the structure or commencement of the use is to occur
prior to the installation of all improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times
the amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less
than twelve (12) months; however, all on-site improvements shall be
completed by the applicant within nine (9) months of occupancy to avoid
default on the method of security;
24. 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 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;
25. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed on the Conditional
Use Permit procedure;
26. That all of the special conditions shall constitute restrictions running with
the land use and shall be binding upon the owner of the land, his
successors or assigns;
27. That all conditions specifically stated under any Conditional Use listed in
the zoning ordinance shall apply and be adhered to by the owner of the
land, successors or assigns; and
28. That all of the special conditions required by the City Commission shall be
consented to in writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No
. being Commissioner Frost.
Ordinance No. 1439 - Amendina Sections 18.04.350. 18.28.020. 18.30.020 and 18.32.020
and add in a Chapter 18.45 to amend the definition of casino. remove casinos as conditional
uses in the B-1. B-2. and B-3 districts and provide for creation of casino overlav districts
Previously included in the Commissioners' packets was a copy of Ordinance No. 1439,
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as approved by the City Attorney, and entitled:
ORDINANCE NO. 1439
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED
BY ORDINANCE NOS. 1424 AND 1434, WHICH ORDINANCES ARE NOT
CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY
REVISING SECTIONS 18.04.350, 18.28.020, 18.30.020 AND 18.32.020;
. PROVIDING FOR REVISIONS TO THE DEFINITION OF "CASINO"; REMOVING
CASINOS AS CONDITIONAL USES IN THE "B-1", "B-2", AND "B-3" ZONING
DISTRICTS; AND BY ADDING A CHAPTER TO BE NUMBERED 18.45,
PROVIDING FOR CREATION OF CASINO OVERLAY DISTRICTS.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
Ordinance No. 1439, amending the definition of casino, removing casinos as conditional uses
in the B-1, B-2, and B-3 districts and providing for creation of casino overlay districts, be finally
adopted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner YOL!ngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
Ordinance No. 1441 - amendina the zoning designation from "AS" (Aaricultural Suburban) to
. "BP (Business Park) on 31.5 acres: to "M-1 "(Liaht Manufacturina) on 55.0 acres: to "PU"
(Public Lands and Institutions) on 6.0 acres: and to "B-2" (Community Business) on 75.4 acres
located along the west side of North 19th Avenue between Baxter Lane and the 1-90
Interchanae (Graf)
Included in the Commissioners' packets was a copy of Ordinance No. 1441, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1441
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION ON TRACTS C-1,
C-2, D-1 AND D-2 OF CERTIFICATE OF SURVEY NO. 1827, AND THE TRACT
OF LAND IN SECTION 35, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA
PRINCIPAL MERIDIAN, DESCRIBED ON FILM 17, PAGE 11151N THE OFFICIAL
RECORDS OF THE GALLATIN COUNTY CLERK AND RECORDER'S OFFICE, FROM
"AS" (AGRICULTURAL SUBURBAN) TO "BP" (BUSINESS PARK) ON 31.5
ACRES; TO "M-1" (LIGHT MANUFACTURING) ON 55.0 ACRES; TO "PLI"
(PUBLIC LANDS AND INSTITUTIONS) ON 6.0 ACRES; AND TO "B-2"
(COMMUNITY BUSINESS) ON 75.4 ACRES.
. Distributed just prior to the meeting was a memo from Clerk of the Commission Sullivan,
dated March 17, with a revised legal description.
Clerk of the Commission Sullivan stated that, during proofreading of the legal description
in the draft ordinance, an error in the description was noted. The applicant's consulting
engineer prepared a revised legal description, which was submitted back to the Clerk's office
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on Friday afternoon. She stated that, due to the length of the description, she has been unable
to load it into the computer and proofread it to ensure its accuracy. She requested that, to
avoid a delay in adopting this ordinance, it be provisionally adopted at this time, with the
revised legal description. She then assured the Commission that the corrected legal description
will be included in the ordinance and a copy of that version included in the packets for the April
. 7 meeting.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
Ordinance No. 1441, amending the zoning designation from" AS" (Agricultural Suburban) to
"BP (Business Park) on 30.9 acres; to "M-1" (Light Manufacturing) on 54.2 acres; to "PU"
(Public Lands and Institutions) on 6.0 acres; and the "B-2" (Community Business) on 76.2 acres
located along the west side of North 19th Avenue between Baxter Lane and the 1-90
Interchange, be provisionally adopted with the corrected legal description and brought back in
three weeks for final adoption. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff,
Commissioner Frost and Mayor Stueck; those voting No, none.
.
Discussion re disDosition of monies received from sale of Havnes Building
Acting City Manager Brey noted that, included in the Commissioners' packets was a
memo from him, dated March 13, attached to which were copies of Commission Resolution
No. 3154, authorizing sale of the Haynes Building, and the minutes from the November 18,
November 25 and December 2, 1996 Commission meetings at which this issue was discussed.
Also attached to the memo were a summary of costs and possibly funding alternatives for
purchase of the new fire truck and furnishings for the City Hall Annex, which are two projects
for which staff has suggested the monies from sale of the Haynes Building could be used.
Responding to Mayor Stueck, the Acting City Manager stated that the cost of
furnishings for the City Hall Annex, including all built-in work surfaces, filing cabinets and
. chairs, is slightly over $47,000, which is well in excess of the $25,000 originally budgeted.
He noted that a percent of the difference, or $11,334, is to be paid from the General Fund with
the remainder being charged to the Building Inspection budget unit. He then stated the fire
truck is estimated to cost $280,000 plus $65,000 for accessories. The balance in the fire
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truck fund is approximately $105,000, and the source of funding for the balance is yet to be
identified.
Responding to Commissioner Stiff, Administrative Services Director Gamradt stated that
if the monies from the Haynes Building are not used to fund these projects, either the work
cannot be completed or alternative sources of funding must be found. He suggested that those
e alternatives include an INTERCAP loan, use of General Fund reserves, or use of excess funds
in the SID Revolving Fund via a transfer to the General Fund. The Director cautioned that an
INTERCAP loan must be repaid over a five-year period, which will impact future budgets; the
reserves in the General Fund have been significantly decreased; and the excess monies in the
SID Revolving Fund are the only source identified to date for funding of the City's share of the
9-1-1 system. He then stated that one other possible source of funding for the fire truck might
be a general obligation bond, although a bond issue should be a minimum of $1 million to be
worthwhile.
Responding to questions from the Commission, the Administrative Services Director and
City Attorney stressed that a general obligation bond issue must be for a single purpose. They
- recognized that the capital needs of the Fire Department, which might include a new fire sub-
station in addition to the new fire truck, could qualify for a bond issue; however, funding of
capital needs for the City would not qualify.
Administrative Services Director Gamradt cautioned that the City currently has six police
officers who are partially funded through federal grant monies. Also, two of the engineers are
being funded through the special projects and general obligation bond issue monies. He
stressed that, while monies are available for those eight positions through this upcoming fiscal
year, beginning in Fiscal Year 1998-1999, the sources of funding will no longer be available.
Acting City Manager Brey cautioned that, within the past two weeks, he has been
informed that the Planning and Engineering offices are busier than they have ever been. He
encouraged the Commission to take this into consideration as they go through the budget
e process and try to respond to the "glass ceiling" that has been created by the State
-
Legislature's actions.
Commissioner Frost stated that with the "glass ceiling", the Commission must ask the
public for more money to avoid making drastic cuts in services. He suggested that if the
request for additional monies is for a specific purpose and if an aggressive education program
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is undertaken, the public will approve it, citing the recently approved general obligation bond
for transportation projects as an example. He noted that the reserves in the General Fund are
already low and, as the City encounters the "glass ceiling", he feels the last thing that should
be done is to "jettison our reserves". He indicated that the use of an INTERCAP loan would
be his second choice for funding of the fire truck, if a bond issue is not approved.
e Commissioner Frost stated he does not believe that the fire truck or furniture would meet
the Commission's desire to use the monies from the Haynes Building for something in
perpetuity, and he does not feel they would be appropriate items to be obtained in memory of
someone's family.
Commissioner Frost noted that there has been preliminary discussion about possibly
selling the Carnegie Building. He noted, however, that the Historic Preservation Advisory Board
has proposed an application for ISTEA monies for renovation of the building. He suggested that
the monies from the Haynes Building could be used to assist in that project, as long as an
appropriate plaque is placed on the building. He stressed the importance of using the monies
for a project that has longevity and visibility.
. Responding to Mayor Stueck, Acting City Manager Brey stated that Fire Chief Holst was
carefully looking at a piece of property that was on the market, to determine how it might fit
into the overall fire safety of the community. He noted the Chief has now decided it would be
more appropriate to model the fire services available from the existing facilities and identify
where another facility could most appropriately be located.
Commissioner Stiff stated he feels it is imperative to set the monies from the Haynes
Building aside, for some future use which the Commission deems would be appropriate. He
noted that this type of opportunity occurs "practically never", and the monies should be used
for a very special purpose. He then indicated a willingness to use the excess monies in the SID
Revolving Fund for the fire truck, suggesting that bills in the Legislature could provide additional
. funding for the 9-1-1 program.
Commissioner Rudberg stated she is not ready to spend the proceeds from sale of the
Haynes Building. She noted that the City knew its was purchasing the fire truck and the
furnishings for the City Hall Annex before the Haynes Building was sold, and she feels it would
be inappropriate to use the monies for those purposes. She then stated she feels it would be
inappropriate to spend the monies from the Haynes Building on renovating the Carnegie
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Building, because she does not feel that building is conducive to an office setting in which
employees can work effectively. She stated, rather, she feels it could be more appropriately
used by a private business, which would probably have the monies to renovate the structure
in an historically sensitive manner.
. Mayor Stueck noted that he agrees with comments forwarded by each of the
Commissioners, stating he feels that the monies from the Haynes Building should be used for
something acknowledgeable and more permanent. He stated, however, he is not prepared to
make a decision on the use of those monies today.
Commissioner Youngman stated that, with so many infrastructure issues facing the City,
now is the time to do some "big picture'financial planning". She noted that making a decision
on the use of the Haynes Building monies at this time would be premature, since that planning
has not yet been done.
Acting City Manager Brey stated that the capital improvements program has recently
been updated and will be used during the budgeting process. He stressed that the City does
not have adequate monies to fund this program to the extent that it should be, which results
. in the use of equipment that requires a significant amount of maintenance.
Following extensive discussions about identified capital needs and possible funding
sources, the Commission recognized that the fire truck and the furnishings for the City Hall
Annex should be funded, but not from the Haynes Building monies. The Commission further
determined that use of those monies would be determined at a later date.
ADDointments to Community Affordable Housing Advisorv Board
Commissioner Rudberg noted that a second position has opened on this board since the
one position was advertised. She expressed an interest in filling both positions, since four well-
qualified individuals have applied to serve on this board.
. The Commission concurred that both positions should be filled at this time.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that Susan
Gallaher be appointed to replace Thomas Borstad as a real estate finance representative, with
a term to expire on June 30, 1997, and that Alecia "Lisa" L. Hocomb be appointed to replace
Monte Cooper as a real estate sales representative, with a term to expire on June 30, 1998.
The motion carried by the following Aye and No vote: those voting being Commissioner
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Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
Appointment to library Board of Trustees
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Jerry
Bancroft be appointed to replace Holly Chaffee on the Library Board of Trustees, with a term
to expire on June 30, 2000. The motion carried by the following Aye and No vote:
those
voting being Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No, none.
Decision re possible award of bid for traffic sianal poles
Included in the Commissioners' packets was a memo from Acting City Manager Ron
Brey, dated March 14, forwarding staff's recommendation that the Commission reject the bids
for the traffic signal poles, due to irregularities in the low bid, and authorize staff to rebid the
project. He noted that, with this rebidding, the poles for the South Willson Avenue/South Third
. Avenue/Kagy Boulevard intersection will be added to the project.
Commissioner Rudberg expressed concern about the length of time that has elapsed
from the time these traffic signal poles were originally bid last fall to now, particularly since it
will take up to five months to get the poles.
Engineering Assistant Andy Kerr indicated that under the bid, the poles must be provided
within 120 days. He further noted that the contract for work on the intersections has not yet
been advertised, so the poles should be on location before they are needed.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission reject the bids for traffic signal poles and authorize and direct staff to rebid the
project, per staff's recommendation. The motion carried by the following Aye and No vote:
. those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff,
Commissioner Frost and Mayor Stueck; those voting No, none.
Update re legislative issues - Actina City Manager Brey
Acting City Manager Ron Brey stated he has no recent updates on legislative issues. He
noted that he testified last week on HB466, which would allow local governments to initiate
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a traffic speed study; however, he does not know if any committee disposition has occurred.
He noted that HB388 was heard in committee on Thursday morning, but he does not know of
any committee disposition on that bill, either.
Mr. David Smith, Executive Director of the Bozeman Area Chamber of commerce, stated
that a couple of amendments have been proposed to SB354, which would create a category
. of beer and wine licenses for restaurants. He noted that those amendments include a sliding
scale for the fee, ranging from $5,000 to $20,000, depending on the number of seats in the
restaurant, and a quota system, based on a percentage of the number of licenses allowed in
the community. He stated that if a restaurant is sold, the license could probably be transferred,
but if the restaurant closes its doors, the license would be lost.
Mr. Smith stated the Today and Tomorrow program is now on the floor of the House.
He stated that, because it does not appear the program will receive the needed votes, the
program is being split, with portions being transferred into other bills, such as HB249 and HB5.
He also noted that he is carefully monitoring several bills pertaining to property taxes.
. Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
(1 ) Agenda for the Development Review Committee meeting, to be held at 10:00
a.m. on Tuesday, March 18, in the Commission Room.
(2) Agenda for the City-County Planning Board meeting, to be held at 7:00 p.m. on
Tuesday, March 18, in the Commission Room.
(3) Agenda for the County Commission meeting, to be held at 1 :30 p.m. on Tuesday,
March 18, at the Courthouse.
(4) The Acting City Manager submitted his weekly report, as follows. (1) Stated that
earlier today, he signed an administrative order declaring a local emergency because of the
. imminent threat of flooding, and the information has been disseminated to the media. He noted
that this step will allow the City to possibly recoup some of the costs it may incur from
addressing flooding issues, either from the county, state or federal monies set aside for
disasters. He also noted that the City will pile sand in the paved parking lot at the Recreation
Complex and at the Fairgrounds, for city residents to use for filling of sand bags.
03-17-97
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(5) Commissioner Frost stated that last Tuesday, the ISTEA Committee met.
Following that meeting, Shirley Sedivy approached him about increased law enforcement to
ensure pedestrian safety.
The Acting City Manager stated that conversations with Chief of Police Mark Tymrak
. reveal he has a couple ideas about enforcement which he plans to pursue, including
concentrated efforts in certain areas. He then cautioned that, because of recent legislative
changes, enforcement methods have had to change. He cited the change in what constitutes
running a red light as an example, since the law has been changed to allow a vehicle to
continue through the intersection if it has entered on a yellow light. He then stated that the
laptop computers are designed to allow police officers to complete their reports in the field
rather than returning to the police station, which should increase the amount of coverage on
the street.
(6) Commissioner Rudberg submitted the following. (1) Attended several meetings,
including the Development Review Committee and the Design Review Board. She also attended
a portion of the meeting with MSU and the Bozeman Deaconess Foundation and the Chamber
. of Commerce function. (2) Noted that the article in Sunday's Bozeman Daily Chronicle about
the grant for the laptop computers for the Police Department was well done. (3) Stated that
Building Official Neil Poulsen is writing articles for the Southwest Montana Building Industry
Association's newsletter, and those articles seem to be well received. She noted that he is also
conducting educational meetings for them, which has helped open the lines of communication.
(7) Mayor Stueck stated that, per Commission direction, he has written a letter
commending several staff members for obtaining the $100,000 grant to address domestic
violence and child abuse.
(8) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce,
stated that this is Ag Appreciation Week. He invited all interested Commissioners to attend the
annual banquet at 6:30 p.m. on Friday night at the Fairgrounds.
.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Acknowledge receiDt of aDplication from Westlake Buildina Partnershio for
reduction in taxes under Section 15-24-1402. M.C.A.. for Midwest
Industries. Inc.; refer to staff
03-17-97
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Commission Resolution No. 3165 - authorizina submittal of arant application to
federal Department of Commerce for 9-1-1 eauipment: authorize Actina
City Manaaer to execute necessary documents
COMMISSION RESOLUTION NO. 3165
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ENDORSING GALLATIN COUNTY'S APPLICATION FOR A GRANT
. THROUGH THE TELECOMMUNICATIONS AND
INFORMATION
INFRASTRUCTURE ASSISTANCE PROGRAM (TIIAP) FOR ACQUISITION OF
EQUIPMENT FOR THE JOINT 9-1-1 COMMUNICATIONS CENTER.
Commission Resolution No. 3166 - desianating Gallatin Development COrDoration
as lead agency on behalf of the City of Bozeman for the Certified Cities
Program
COMMISSION RESOLUTION NO. 3166
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY'S PARTICIPATION IN RECERTIFICATION
IN THE MONTANA CERTIFIED CITIES PROGRAM AND DESIGNATING THE
GALLATIN DEVELOPM ENT CORPORA TION AS
THE SPONSORING
ORGANIZATION.
Award bid - furnishinas for City Hall Annex - Risina Structures. Inc.. Belgrade.
Montana - in the bid amount of $26.849.00
Acknowledae receipt of reauest from Bozeman Interfaith Housina II that the City
pav the impact fees for the affordable housina proiect alona south side of
. West Babcock Street: refer to staff
Acknowledae receiPt of reauest from Habitat for Humanitv that the City pav the
impact fees and buildina permits for an affordable house to be constructed
on North 24th Avenue (north of West Babcock Street): refer to staff
Acknowledae addendum to reauest for application from Color World of Montana.
Inc.. for reduction in taxes under Section 15-24-1402. M.C.A.. as
acknowledaed on March 3 aQenda: refer to staff
Authorize Actina City Manager to sian - Amendment No. 3 to Professional
Services Aareement for landfill enaineering and hvdrogeologv services in
coniunction with Qroundwater monitorina and gas monitoring - Maxim
Technoloaies. Inc.
Authorize Actina City Manager to sian - Change Order No. 1 for SID No. 660
(Vallev Unit Park) - A-1 Landscaping and Nurserv - add $185.00 and 0
calendar days
Authorize Acting City Manaaer to sign - Water Pipeline and Access Easement and
Agreement - Bozeman Deaconess Foundation - four separate 30-foot-wide
. strips of land located in the NW~. Section 17. T2S. R6E. MPM (Bozeman
Deaconess Hospital)
Authorize submittal of application to appropriate aaencv for necessary permit to
address potential floodina problems due to obstructions in waterways.
e.a.. beaver dams
Acknowledge receipt of reauest for vacation of 30-foot-wide service drive alona
west side of North 7th Avenue - The Bozeman Inn Condominium: refer to
staff
03-17~97
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Claims
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, 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 Rudberg, Commissioner Stiff, Commissioner Frost,
Commissioner Youngman and Mayor Stueck; those voting No, none.
Recess - 4:30 p.m.
Mayor Stueck declared a recess at 4:30 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.
. Public hearina - preliminary plat with variance on minor subdivision - subdivide 9.764 acres
located in the SW%. Section 11. T2S. R5E. MPM. into four lots - Bozeman Interfaith Housina
II for Elva L. Arnold and First Baptist Church (south side of 3300 block of West Babcock Street)
(P-9704)
This was the time and place set for the pUblic hearing on a preliminary plat for a minor
subdivision, as requested by Bozeman Interfaith Housing II for Elva L. Arnold and First Baptist
Church, under Application No. P-9704, to subdivide 9.764 acres located in the Southwest one-
quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into four
lots. In conjunction with the preliminary plat, the applicant is seeking variances from Section
16.12.020, to allow a reduced length of paved street, and from Section 16.42.030, to lift the
requirement of a financial guarantee for unconstructed infrastructure. The subject property
is more commonly located on the south side of the 3300 block of West Babcock Street.
. Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He stated that Bozeman
Interfaith Housing II has agreed to conducting a public hearing on this preliminary plat rather
than the typical public meeting because of the variances involved. He noted that this
application is for a minor subdivision to subdivide two existing lots into four lots, two of which
03-17-97
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will be used for multi-family housing developments and two of which will be used for a church
and related uses.
Assistant Planner Chris Saunders reviewed the two requested variances. He noted that
the first, from Section 16.12.020, will allow for construction of Ravalli Street from West
. Babcock Street to the south end of Lot 1, ending in a temporary cul-de-sac, rather than
requiring completion of the street improvements before filing of the final plat. He noted that
all of the right-of-way for Ravalli Street through this subdivision will be dedicated, although only
a portion of it will be developed initially. He stated that three parcels lie between the subject
property and Fowler Avenue; and the applicant is working with those property owners to
acquire the easements necessary to extend Ravalli Street to Fowler Avenue. He noted the
second variance is from Section 16.42.030, under which the applicant is requesting an
exemption from the requirement that a financial guarantee be posted for all infrastructure
improvements not constructed prior to filing of the final plat. In exchange for this variance, and
to protect the public safety, the applicant is proposing that a note be placed on the plat which
restricts development on Lots 2, 3 and 4 until all infrastructure improvements, including street,
. water and sewer, have been completed.
The Assistant Planner stated that the City-County Planning Board conducted its public
hearing on this application at its March 4 meeting. No public comment was received at that
hearing, and no written comment has been received to date. Following that public hearing, and
after considering the criteria for subdivision review, as contained in the Montana Code
Annotated, and the staff's comprehensive findings, as contained in the staff's written report,
the Planning Board forwarded its recommendation for approval of the preliminary plat and two
requested variances, subject to 21 conditions. He cautioned that any action taken by the
Commission must be contingent upon annexation of the 2.69B-acre portion of the site that is
the subject of the next public hearing.
. Mr. Bruce Foley, Morrison-Maierle, consulting engineers, stated his concurrence with the
staff report. He then indicated a willingness to accept the recommended conditions for
approval, and a willingness to respond to questions.
Responding to Commissioner Frost, the Assistant Planner stated the proposed dead end
water main will be substantially longer than the 500 feet allowed. He noted, however, that it
will be looped to the water main in Fowler Avenue before any additional development is allowed
03-17-97
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on this subject property. He also noted that the street will be constructed to City standards
across the subject property, with a gravel section between the property line and Fowler
Avenue, as allowed under the code for a secondary access. He stated that once all of the
infrastructure improvements have been installed, the plat note will be lifted and development
. of Lots 2, 3 and 4 may occur.
No one was present to speak in opposition to the preliminary plat or requested variances.
Commissioner Stiff stated that he has talked to City Attorney Luwe about what he
perceived as conflicts of interest. He then announced that he and his wife have been involved
with the Bozeman Interfaith Housing program from its inception; his wife serves on the Board
of Deacons for the First Baptist Church, which is part owner of the property; and he serves on
two committees for the Church which address the finances and properties of the church. He
stated the City Attorney has determined that none of these associations will result in personal
financial gain; therefore, no legal conflict of interest exists which would preclude him from
acting on this agenda item.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
preliminary plat for a minor subdivision, as requested by Bozeman Interfaith Housing II for Elva
L. Arnold and First Baptist Church, under Application No. P-9704, to subdivide 9.764 acres
located in the Southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana
Principal Meridian, into four lots, with variances from Section 16.12.020, to allow for
construction of Ravalli Street from West Babcock Street to end in a cul-de-sac at the south end
of Lot 1, and from Section 16.42.030, to exempt the applicant from the requirement to post
a financial guarantee for all infrastructure improvements not constructed prior to filing of the
plat and, in lieu, accept a note on the plat which restricts development on Lots 2, 3 and 4 until
all infrastructure improvements have been completed, be approved, subject to the following
conditions:
. 1. Annexation to the City of Bozeman will be completed prior to the
commencement of work approved with the preliminary plat.
2. A note shall be provided on the plat, restricting development on those lots,
or portions of lots, not served by City standard infrastructure. This note
shall remain in effect until all infrastructure has been installed and
accepted by the City of Bozeman.
03-17-97
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This condition is only valid if the necessary easements to allow the looping
of the water main and construction of Ravalli Street to its intersection with
Fowler Avenue are not able to be obtained. If this condition is valid, then
all following conditions are adjusted, as necessary, to reflect the unusual
sequencing of infrastructure construction.
3. 45 feet beginning at the Section line and proceeding south, as shown on
the preliminary plat, is required to be dedicated to the public for the
. development of West Babcock Street.
4. The applicant shall provide and file, unless previously provided with the
property, with the County Clerk and Recorder's office executed waivers
of right to protest the creation of SIDs for the construction of the
following improvement.
a. Street Improvements to West Babcock Street, including
signalization, paving, curb and gutter, sidewalks,
and storm
drainage facilities.
The waiver shall specify that in the event SIDs are not utilized for the
completion of this project, the property owner shall agree to participate in
an alternative financing method for completion of said improvements on
a fair share, proportionate basis, as determined by square footage of the
property, linear front footage of the property, taxable valuation of the
property, or combination thereof. A copy of the filed document shall be
submitted with the final plat application.
5. Applicants shall obtain all necessary permits prior to placing the indicated
culverts underlying the proposed extension of Ravalli Street.
. 6. Plans and specifications for any water, sewer and/or storm sewer main
extensions, and public streets (including curb, gutter and sidewalksl
prepared and signed by a professional engineer (PEl licensed 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 (DEQI. The applicant shall also provide professional
engineering services for
construction inspection, post-construction
certification, and preparation of mylar
record drawings. Specific
comments regarding the existing and proposed infrastructure shall be
provided at that time. Construction shall not be initiated on the public
infrastructure improvements until the plans, specifications and shop
drawings have been approved and a preconstruction conference has been
conducted.
7. All infrastructure improvements including 1) water and sewer main
extensions, which may not be financially guaranteed, and 2) public or
private streets, including curb/gutter, sidewalks, and storm drainage
infrastructure improvements, shall be financially guaranteed or constructed
prior to filing of the final plat. No building permits will be issued prior to
completion and acceptance of the public infrastructure improvements, Le.
sewer and water mains.
. 8. The developer shall be responsible for the paybacks to SID Nos. 621
(sewer) and 622 (water). The paybacks must be completed prior to final
plat approval.
9. A Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a
system designed to remove solids, silt, oils, grease and other pollutants
from the run-off from the private and/or public streets must be provided
to and approved by the City Engineer. The plan must demonstrate
adequate site drainage (including sufficient flow directional arrows and
03-17-97
- 20 -
spot elevations along drainage courses), stormwater detention/retention
basin details (including basin sizing and discharge
calculation and
discharge structure details), stormwater discharge destination and a
stormwater maintenance plan. If the grading design discloses any adverse
impact to off-site properties, necessary design alterations and/or drainage
conveyance devices and easements must be provided.
The stormwater drainage plan shall include the calculation for sizing the
24-inch RCP culvert for the Bozeman Ponds Overflow Ditch and the 36-
. inch RCP culvert for the Gallatin Farmers' Ditch Company.
The Stormwater Drainage/Treatment Plan shall include a Maintenance Plan
which must be provided to and approved by the City Engineer. The plan
shall include the following: description of maintenance operations,
frequency of inspections and maintenance, responsible parties and record
keeping methodology.
10. Ditch Information
a. The Montana Fish, Wildlife, and Parks, shall be contacted by
the applicant regarding any proposed ditch/stream relocation or
modification, and any required permits (i.e. 310, 410, Turbidity
Exemption, etc.) shall be provided to the Engineering Department
prior to initiation of construction.
b. Written permission from the existing ditch owner(s) must be
obtained and provided to the Engineering Department, for any ditch
that is to be abandoned/relocated, the creation of a pond, or the
discharge of storm water generated by the proposed subdivision to
. a ditch prior to the initiation of construction.
c. Written evidence of abandonment, and approval from the
Gallatin Conservation District for abandonment, shall be provided
for the two irrigation ditches identified by the Montana Fish,
Wildlife, and Parks as being on the borders of the property or
easements shall be provided pursuant to Section 16.12.050 of the
Bozeman Area Subdivision Regulations.
d. Pursuant to Section
16.12.050 of the Bozeman Area
Subdivision Regulations, a 20-foot ditch and utility easement shall
be provided on one side of, or 10 feet measured from the high
water level on either side of, the water course.
e. A 35-foot minimum building setback from either side of the
water course high water mark shall be delineated on the final plat.
The setback must account for any channel meandering. A
hydraulic profile shall be shown on the final plans to determine the
1 OO~year high water elevations along the channel. The final plat
shall contain this information and require, by plat note, that finish
floor elevations be established to be above the 1 OO-year high water
elevations.
. 11. Sewer and water services shall be approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
12. The applicant is advised that, if the 60~foot utility/access easement, for
the creation of the secondary access and future looping of the water line
can not be obtained, the water main on Ravalli Street may not be
extended more than 500 feet from West Babcock Street.
03-17-97
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13. The centerline radii of the two curves proposed for Ravalli Street shall be
150-foot minimum.
14. City standard sidewalk shall be installed and properly depicted at the
standard location (Le. 1 foot off the property line) along the street(s)
frontage. Any deviation to the standard alignment or location must be
approved by the City Engineer. Sidewalks shall be constructed by lot
owners within three (3) years of plat approval regardless of whether other
. improvements have been made to the lot(s).
The developer shall install City standard sidewalks on all public street
frontages that abut park land or open space areas at the time the street
improvements are installed. These improvements shall be completed prior
to final plat approval unless otherwise provided for.
15. All private drive approaches shall be constructed in accordance with the
City's standard approach, i.e., concrete apron, sidewalk section and drop-
curb. Typical curb details and typical asphalt paving section detail shall
be provided to and approved by the City Engineer.
16. When Ravalli Street is constructed, the access from the existing homes on
Lot 1 onto West Babcock Street shall be abandoned and access will be
taken exclusively from Ravalli Street.
17. Where project construction results in dead end streets, temporary cul-de-
sacs shall be designed and constructed. If the temporary cul-de-sac is not
on the owner's property, a temporary easement must be obtained and filed
with the County Clerk and Recorder's Office.
. 18. Project infrastructure phasing, including all utility phasing, shall be clearly
defined in the infrastructure plans and specifications. The water system
must be designed to provide looping in accordance with established City
policy.
19. The Montana Fish, Wildlife, and Parks, National Resource Conservation
Service, Montana Department of Health and Environmental Quality, and
Army Corps of Engineers shall be contacted regarding the proposed project
and any required permits provided to the Engineering Department prior to
the initiation of any construction.
20. The final plat shall conform to all requirements of the Bozeman Area
Subdivision Regulations and the Uniform Standards for Final Subdivision
Plats, and shall be accompanied by all required appropriately worded
certificates and a Platting Certificate. If it is the developer's intent to file
the plat prior to the completion of all required improvements, an
Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the
final plat is filed prior to the installation of all improvements, the developer
shall supply the City of Bozeman with an acceptable method of security
equal to 150% of the cost of the remaining improvements. The
. construction of sewer and water improvements may not be financially
guaranteed.
21. Two cloth back, two mylar copies, and a digital copy of the final plat,
acceptable to the Engineering Division of the City of Bozeman, must be
submitted with the final plat application.
Conditional approval of the preliminary plat shall be in force for not more
that three calendar years, as provided by State statute. Prior to that
expiration date, the developer may submit a letter of request for the
03-17-97
- 22 -
extension of the period to the Planning Director for the City Commission's
consideration.
The developer shall have three (3) years from the date of preliminary
approval to complete the above conditions and apply for final plat
approval. The developer shall either install the required improvements or,
unless otherwise provided for, with permission from the Bozeman City
Commission, enter into a written subdivision improvements agreement,
. with the City of Bozeman guaranteeing the construction and installation
of all required improvements in conformance with all policies, standards
and resolutions adopted by the City of Bozeman.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
Public hearina - Zone Map Amendment - establish initial zoning of "R-3" on cas No. 947.
located in the SW%. Section 11. T2S. R5E. MPM. - Bozeman Interfaith Housing II for Elva l.
Arnold and First Baptist Church {2.696 acres located along south side of 3300 block of West
Babcock Street} (Z-9712)
This was the time and place set for the public he'aring on a Zone Map Amendment, as
requested by Bozeman Interfaith Housing IIJor Elva L. Arnold and First Baptist Church, under
. Application No. Z -971 2, to establish an initial zoning of "R-3", Residential--Medium-density, on
Certificate of Survey No. 947, located in the Southwest Quarter of Section 11, Township 2
South, Range 5 East, Montana Principal Meridian. The subject parcel contains 2.696 acres and
is located along the south side of the 3300 block of West Babcock Street.
Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He stated that a home and
attendant outbuildings are currently located on the subject property, with a well and septic
system serving the home. He reviewed the surrounding zoning designations and uses, which
include vacant land and single-family residential uses. He noted that "R-3" zoning is located
immediately to the south and well as in the general area.
The Assistant Planner stated that the City-County Planning Board conducted its public
. hearing on this application at its March 4 meeting. Following that public hearing and review
of the twelve criteria for zone map amendments, as contained in the Montana Code Annotated
and the staff's comprehensive findings, which are contained in the written staff report, the
Board concurred with staff's conclusion that the application generally meets those criteria and
03-17-97
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- 23 -
forwarded its recommendation for approval. He stressed that approval of this application would
be contingent upon annexation.
Mr. Bruce Foley, Morrison-Maierle, indicated concurrence with the staff report and a
willingness to respond to questions.
No one was present to speak in opposition to the requested zone map amendment.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Zone Map Amendment, as requested by Bozeman Interfaith Housing II for Elva L. Arnold and
First Baptist Church, under Application No. Z-9712, to establish an initial zoning of "R-3",
Residential-~Medium-density, on Certificate of Survey No. 947, located in the Southwest
Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian be
approved and, contingent upon annexation, that staff be directed to bring back an ordinance
implementing the amendment. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No, none.
.
Public hearing - orooosed Ordinance No. - extendina moratorium on aoolications for
conditional use oermits for casinos
This was the time and place set for the public hearing on proposed Ordinance No.
, as approved by the City Attorney, and entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FORA SIX-MONTH EXTENSION OFTHE MORATORIUM
ON SUBMISSION AND APPROVAL. OF CONDITIONAL USE PERMITS FOR
CASINOS WITHIN THE CITY LIMITS AND WITHIN ONE (1) MilE BEYOND THE
CORPORATE BOUNDARIES OF THE CITY, ESTABLISHED BY EMERGENCY
INTERIM ZONING ORDINANCE NO. 1419 AND EXTENDED BY INTERIM ZONING
ORDINANCE NO. 1430.
Mayor Stueck opened the public hearing.
. City Attorney luwe stated that under this ordinance, an additional six-month extension
of the moratorium on submission and approval of conditional use permits for casinos is
provided. He recognized that an additional six months is probably not' required, since the
Commission has adopted Ordinance No. 1434, which creates a casino overlay district. He
stated that, under the provisions of this ordinance, when that new ordinance becomes
03-17-97
- -.-.
- 24 -
effective, this ordinance will terminate. He noted that adoption of this ordinance will eliminate
any possible lapse between the moratorium and the overlay district, during which an application
for a conditional use permit could be filed.
No one was present to speak in support of or in opposition to the adoption of this
proposed ordinance.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
Ordinance No. 1440, extending moratorium on applications for conditional use permits for
casinos, be adopted. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost, Commissioner
Youngman and Mayor Stueck; those voting No, none.
Adjournment - 7:20 D.m.
There being no further business to come before the Commission at this time, it was
moved by Com~issioner 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 Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
( ?d>? c(/5~/P~
DON E. STUECK, Mayor
ATTEST:
~ :I~
ROBIN l. SULLIVAN
Clerk of the Commission
.
03-17-97