HomeMy WebLinkAbout1996-08-05 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY
COMMISSION
BOZEMAN, MONTANA
August 5, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, August 5, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager
Wysocki, 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 M May 20. Julv 11,15.16,18,22 and 23,1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of May 20, July", July '5, July 16, July 18, July 22 and July 23,
. 1996, 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.
Mayor Stueck deferred action on the minutes of the meetings of November 20 and
December 4, 1995, and July 29, 1996, to a later date.
Decision - Conditional Use Permit - Andv Shabbir Hassanali for Cafe Internationale - allow
serving of beer and wine at existina restaurant located in the Emerson Cultural Center on Tracts
2 and 3, Block C, Alderson's Addition (South Grand Avenue between West Babcock Street and
West Olive Street) (Z-9641 )
This was the time and place set for the decision on the Conditional Use Permit requested
by Andy Shabbir Hassanali for Cafe Internationale, under Application No. Z-9641 , to allow the
. serving of beer and wine in an existing restaurant located in the Emerson Cultural Center, on
Tracts 21 and 3, Block C. Alderson's Addition. The subject restaurant
is more commonly
located on South Grand Avenue between West Babcock Street and West Olive Street, and its
street address is 207 West Olive Street.
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City Manager Wysocki stated that, included in the Commissioners' packets, was a memo
from Clerk of the Commission Sullivan, dated July 30, 1996, forwarding the anticipated
timeline for State issuance of the new beer and wine license.
He highlighted that timeline,
noting that since multiple applications have been received, a contested hearing must be held,
. with an additional opportunity for public input. He noted that, in light of the process yet to be
completed, issuance of the new license will
probably not occur until next year, and
recommended that the Commission delay the decisions on this and the subsequent application
until January 6, 1997. He recognized that the State's decision
will probably not be made by
that date, but a more accurate projection of the decision date can probably be made at that
time.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the decision
on this Conditional Use Permit be delayed until January 6, 1997, pending the State's award
of the new beer and wine license. 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.
.
Decision - Conditional Use Permit - Ileana Indreland and Michael W. Delaney for Bozeman
Athletic Club. allow servina of alcoholic beveraaes in restaurant in athletic club located on
Tract A and B. cas No. 1872. and Tract 2. cas 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. 2-9643, 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. The subject parcel is more commonly located at 8601
Huffine Lane.
The City Manager's comments in the above agenda item pertaining to delay of the
decision apply to this agenda item as well.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
decision on this Conditional Use Permit be delayed until January 6, 1997 pending the State's
award of the new beer and wine license. The motion was 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.
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Ordinance No. 1425 - Zone Map Amendment - PU and B-1 to R-O - portion of Tract 2. COS
No. 1846. and portion of Tract A. COS No. 1872 (south of West Babcock Street and west of
Ferguson Road) (Z-9528)
Included in the Commissioners' packets was a copy of Ordinance No. 1425, as approved
by the City Attorney, entitled:
. ORDINANCE NO. 1425
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 FROM "PU" (PUBUC
LANDS AND INSTITUTIONS) AND "B-1" (NEIGHBORHOOD SERVICE) DISTRICTS
TO "R-O" (RESIDENTIALnOFFICE) DISTRICT ON APPROXIMATELY 25 ACRES OF
LAND LOCATED IN PORTIONS OF TRACT 2 OF CERTIFICATE OF SURVEY NO.
1846 AND TRACT A AND 8 OF CERTIFICATE OF SURVEY NO. 1872.
City Manager Wysocki reminded the Commissioners that they had conducted their public
hearing and approved this requested zone map amendment at the May 15, 1995 meeting. He
then recommended that it be provisionally adopted at this time and brought back in two weeks
for final adoption.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission provisionally adopt Ordinance No. 1425, amending the zoning from "PU" and
. "B-1" to "R-O" on approximately 25 acres of land located south of West Babcock Street and
west of Ferguson Road, 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
Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor
Stueck; those voting No, none.
Ordinance No. 1426 - Zone Map Amendment - AS to B-1 - 8.37 acres located in the NE%.
Section 17. T2S. R5E. MPM (5391 and 5393 Gooch Hill Road) (Z-9621)
Included in the Commissioners' packets was a copy of Ordinance No. 1426, as approved
by the City Attorney, entitled:
ORDINANCE NO. 1426
. 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
FROM "AS"
(AGRICUL TURAL SUBURBAN) TO "8-1" (NEIGHBORHOOD SERVICE) ON 8.37
ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF
GOOCH HILL ROAD AND U.S. HIGHWAY 191.
The City Manager reminded the Commission that the public hearing on this zone map
amendment was held on April 15, 1996. He recommended that the Commission provisionally
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adopt the ordinance enacting the amendment at this time, and that it be brought back in two
weeks for final adoption.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1426, amending the zoning from" AS" to "B-1"
. on 8.37 acres located at the southwest corner of the intersection of Gooch Hill Road and U.S.
Highway 191, 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 Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and
Commissioner Youngman.
Discussion re reauest to add parking lane along west side of South 11th Avenue between West
Babcock Street and West College Street
City Manager Wysocki reminded the Commissioners that they had previously received
a petition containing 46 signatures, dated April 10, 1996, requesting that on-street parking be
re-opened along the west side of South 11 th Avenue between West College Street and West
. Babcock Street. Also, they had received copies of a letter from Russ and Georgia Ann Flattum
to Commissioner Stiff, dated July 8, forwarding the same request for reinstating the parking
along the west side of South 11 th Avenue.
The City Manager reminded the Commission that removal of parking along the west side
of South 11 th Avenue is part of TSM Project No. SW9, contained in the Bozeman Urban
Transportation Plan 1993 Update. He noted that under this TSM, the parking is to be removed
from the west side of 11 th Avenue between West College Street and Durston Road. He further
reminded the Commission that the MSU Residential Parking District extends along South 11 th
Avenue to West Dickerson Street.
Director of Public Service Phill Forbes stated that the width of South 11 th Avenue varies.
He noted that at West College Street, it is 37 feet from back-ot-curb to back-of-curb, and from
. West Curtiss Street to Durston Road it is 45 feet wide, with some differential in width at West
Main Street to accommodate the increased number of lanes. He stated that there is to be an
8-foot-wide parking strip on the east side of the street and two 14-foot-wide driving lanes,
which meets AASHTO standards for combined vehicular and bicycle traffic on the narrow
portion of the roadway. He stated the between West Curtiss Street and West Babcock Street,
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there is adequate width for two striped 5-foot-wide bicycle lanes and two 13-foot-wide driving
lanes. Between West Babcock Street and West Mendenhall Street, with the different vehicular
lanes and movements, incorporating a bicycle lane is not feasible.
Responding to questions from Mayor Stueck, Director of Public Service Forbes stated
. that in 1991, when the Transportation Plan Update was being prepared, traffic counts on South
11th Avenue were approximately 8,000 vehicles per day. At that time, there was parking on
both sides of the street, and two 10-foot-wide driving lanes. He noted that, because of the
perceived danger, many vehicles were parked with their wheels up on the boulevard. He
reminded the Commission that South 11 th Avenue is designated as a minor arterial; and at its
37-foot width, it is quite narrow. He stated that, because of the narrow width of the street
and the high traffic volumes, it appeared that removing parking from the west side of the street
would be appropriate and provide a more comfortable space in which the traffic could move.
Responding to Commissioner Rudberg, the Director of Public Service stated that the
parking was removed two years ago.
Responding to Commissioner Youngman, the Director stated that from West Curtiss
. Street north, the street is wide enough to allow parking on both sides of the street; however,
he stated that between West Curtiss Street and West College Street, he does not believe it is
safe. He then reminded the Commission that South 11 th Avenue has been identified as a part
of the designated bicycle route system in the community. He stated that a striped bicycle lane
must be a minimum of 5 feet wide, while a 14-foot-wide driving lane is considered adequate
to accommodate both vehicles and bicycles as a shared facility.
Commissioner Youngman stated that one of the residents along the west side of the
street has expressed concern about the uncomfortable feeling she has when working in the
boulevard strip because of the closeness of the vehicles. She then asked if the design of the
street will be adjusted to keep the cars further from the curb.
Responding to questions from the City Manager, the Director of Public Service stated
. that West College Street between South Willson Avenue and South 8th Avenue is 28 to 29
feet wide, and has been constructed with two 14-foot-wide driving lanes. He then indicated
that North Rouse Avenue between East Main Street and East Peach Street, and South Willson
Avenue between West College Street and West Grant Street, carry approximately the same
volume of traffic as South 11th Avenue.
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Responding to Mayor Stueck, the Director of Public Service stated there are two schools
of thought about parking on narrow streets.
He noted that one school of thought is that
parking on both sides of the street serves as a traffic calming device; however, he cautioned
that the second school of thought suggests this configuration can be dangerous.
. Mr. Scott Dreblow, 108 % East Story Street, former member of the Bozeman Area
Bicycle Advisory Board, asked that the Commissioners carefully consider what a decision
contrary to the Transportation Plan Update means.
He reminded the Commission that the
document was prepared over an extensive period of time, with a substantial number of
meetings and input from residents in the community which reflected all types of interests.
He
noted that after the document was prepared, it was the subject of public hearings and
approvals by the City-County Planning Board, the Transportation Coordinating Committee,
the
City Commission and the County Commission.
He noted that information contained in the
document comes from a number of sources, including studies completed at Montana State
University, bicycle studies and information from the Montana Department of Transportation.
Mr. Dreblow reminded the Commission that the project designed to provide bicycle lanes
. on South 8th Avenue was started and then halted because of resident concerns. He expressed
concern that this is a similar project that is contained in the Transportation Plan Update.
He
encouraged the Commissioners to remember that it is a long-range planning document that
represents the input from a significant number of people in the community. He also encouraged
the Commissioners to consider the community as a whole when making its decision on the
request before them.
Mr. Russ Flattum, 315 South 11 th Avenue, recognized that the removal of parking on
South 11 th Avenue might be a part of the Transportation Plan Update; however, he noted
that
a vast majority of the residents in Bozeman have not read the plan and do not know what
is
contained in it. He stated that, at
his request, Director of Public Service Forbes sent him a
. copy of the bicycle routes; and he noted that probably not many people recognize many of the
major streets are designated as bike routes.
Mr. Flattum stated that removal of the parking on the west side of South 11 th Avenue
was a surprise to the residents.
He summarized the process followed for removal of the
parking, which included painting the curbs and erection of signs. He stated that numerous
calls
to City Hall resulted in several different answers.
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Mr. Flattum stated that with removal of the parking, cars travel very close to the curb;
and he becomes very concerned about his safety when working on the boulevard area. He also
noted that when the snowplows drive by, they throw the snow onto the sidewalk.
He
concluded by asking that the street be returned to its original configuration, with the centerline
. in the middle and parking on both sides of the street.
Ms. Ellen Miller, 317 South 11 th Avenue, stated she had hoped the opening of the North
19th Avenue interchange would relieve some of the traffic on South 11 th Avenue, allowing it
to become a quieter street. She stated that she has no parking in front of her house, although
she does have a driveway; however, some of her neighbors don't have driveways.
She
encouraged the Commissioners to return the parking to the west side of the street.
Commissioner Rudberg stated that it appears traffic is moving faster on South 11 th
Avenue since the parking has been removed from the west side of the street. She expressed
concern about removing on~street parking, particularly when people have purchased homes and
expect to be able to park there. She noted that, especially in the winter, it is not practical or
safe to expect people to cross the street to reach their vehicles.
. Commissioner Rudberg stated that she has discussed bike lanes with two different
groups of bicyclists. She noted that a new approach is being taken to identify bicycle routes
for the recreational bicyclists, using less traveled streets in the community. She
stated that
conversations with the more avid bicyclists reveal that they prefer to ride on the street with
vehicles rather than in separate lanes or on separate bicycle facilities. She then forwarded her
position that she does not support the removal of parking to accommodate bicycle lanes.
Commissioner Youngman suggested that the Commission not act on this request today.
She expressed concern that to act without a public hearing for the second time in six months
would set a poor precedent. She noted that the North 20th Avenue barricade was removed
without a public hearing and, if the Commission acts today, this decision will also be without
the benefit of a public hearing. She suggested that when reversal of projects in the
. Transportation Plan Update is being considered, it is important that a public hearing be held to
receive input from all interested persons in the community.
Commissioner Youngman noted that 11 th Avenue has been designated as a minor
arterial, which means it is designed for moving traffic. She also noted that the Bicycle Advisory
Board has not been asked to provide input, and she feels they should be asked.
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Responding to questions from Commissioner Stiff, the Director of Public Service stated
that West Olive Street, between South 11 th Avenue and South 8th Avenue, is 37 feet wide;
West Babcock Street, between South 11 th Avenue and South 8th Avenue, is 33 feet wide; and
West Mendenhall Street, between South 11 th Avenue and South 8th Avenue, is 37 feet wide.
. He then stated that parking on the boulevard is prohibited under the City code.
Commissioner Frost expressed concern that the community lacks a safe route for
bicycles. He noted that South 11th Avenue is a minor arterial, rather than a neighborhood
street. He stated that the Bicycle Advisory Board is working on an alternate route, and
suggested that the Commission make a decision on whether that alternative route is acceptable
before eliminating the bicycle routes that have been designated to date.
City Manager Wysocki reminded the Commission that between West College Street and
West Curtiss Street, South 11 th Avenue is only 37 feet wide; and that is not sufficient width
for two lanes of traffic and two parking lanes for just vehicular movement.
Mayor Stueck characterized the narrow streets as "lack of foresight from previous
decades ", noting that the newer streets have been built wider so they could accommodate both
. vehicles and bicycles. He stressed that he is not opposed to bicycles; however, he is opposed
to removing parking in front of homes where it has been permitted for many years. He noted
that several years ago, people riding bicycles understood that they could travel wherever
vehicles were allowed; however, they also recognized that they must obey all the laws applying
to vehicles, including turn signals, stop signs and riding in the right direction. He
stated that
in this type of situation, bicycles and vehicles seem to be able to successfully co-habit.
He
noted that since the parking has been removed from the west side of the street, Montana
Travel and two 12-plex apartment structures have been constructed. He recognized that both
of these facilities have provided off-street parking spaces; however, he stated that they still
impact the available on-street parking spaces.
. Responding to Mayor Stueck, the Commissioners forwarded an interest in setting a public
hearing for August 19, with the decision to be made after the hearing has been held.
Commissioner Stiff stated an interest in receiving information from staff regarding the
impact which the MSU Residential Parking District will have on anyon-street parking restored
on the west side of the street, as well as the impact of narrowing the street.
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Mayor Stueck requested that any information forwarded to Commissioner Stiff be
forwarded to the entire Commission.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission continue this item to 7:00 p.m. on Monday, August 19, and direct the Clerk of the
. Commission to advertise for a public hearing at that time. 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.
Staff reauest for revocation of Kennel license - Sindy Matthews. 110 South 10th Avenue
City Manager Wysocki noted that, included in the Commissioners' packets, was a copy
of a letter from Animal Control Officer Connie Lien to Sindy Matthews, dated July 3, notifying
her of continuing problems resulting from her kennel license.
Animal Control Officer Lien stated that the Police Department has received a number of
complaints, noting that approximately fifteen complaints have been received in the last month.
She noted that those complaints have been filed primarily by those who are in attendance at
. this meeting.
Responding to City Attorney Luwe, the Animal Control Officer stated that the complaints
have primarily pertained to barking and odor.
City Attorney Luwe reviewed the procedures for considering revocation of a kennel
license, suggesting that the Commissioners hear from the complainants and then from the
owner. He noted that the Commission's decision must be based on the same criteria as used
for issuance of a kennel license.
Mr. Ken Barkhuff, 924 West Babcock Street, stated his property is adjacent to Ms.
Matthews' property, with back yards abutting. He stated that several months ago, he told Ms.
Matthews that if she kept her dogs quiet until 6:00 a.m., he would not complain because he
recognizes her love for the dogs. He stated, however, that the dogs are barking very early in
. the morning, disrupting his sleep on a regular basis. He noted that this is a predominantly quiet
neighborhood.
Mr. Barkhuff also expressed concern about the odor from this property, noting that when
a south breeze blows, they must close their bedroom window. He recognized
that Ms.
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Matthews has tried to cooperate with neighbors, but she just "cannot seem to get the jab
done".
Responding to Commissioner Rudberg, Mr. Barkhuff stated that he has counted eight
dogs on the property.
. Mr. Rob Minteer, 916 West Babcock Street, stated his back yard lies beside Ms.
Matthews' back yard. He stated that he and his wife have been awakened by the barking dogs
on numerous occasions over the past year, noting that noise is the biggest issue.
He noted,
however, that the smell is also an issue, stating that the odor has been particularly bad this
summer. He stated that he has talked to Animal Control Officer Lien several
times over the
past year, noting that during the past year the situation has cycled from worse to better and
then to worse again. He questioned whether reducing the number of dogs to two or three will
help to address the problems. He indicated that he has not had an opportunity to discuss his
concerns with Ms. Matthews because their work schedules do not coincide.
Mrs. Margaret Berg, 115 South 10th Avenue, stated her major complaint is that there
are so many dogs and so little space on the subject property. She stated that the house is
. small and the yard is small, and she feels it is very unfair to the dogs because they have no
place to run.
Mrs. Berg stated that plastic tarps of various colors were hung on
the fence,
characterizing the result as the ugliest thing she'd seen in her life.
She stated that the tarps
have been removed in the front, but the view is still not pretty from her living room window.
Mr. Marvin Berg, 115 South 10th Avenue, estimated that Ms. Matthews' house is 20
feet wide and 30 feet long, and the yard is approximately 30 feet by 40 feet; and she has eight
dogs living on this site. He stated that, with as large as the
dogs are, there is no place for
them to run, and he feels it is not fair to them. He forwarded his concerns about the barking,
which continues throughout the day, as well as the smell from the property.
. Responding to questions from City Attorney Luwe, Animal Control Officer Lien stated
that she does not know how many dogs are located on the premises, noting there were four
when the kennel license was issued a year ago. She indicated that
three of the dogs are
labrador crosses and one is a cocker spaniel cross. She confirmed
that the complaints have
revolved around barking and odor, as well as concerns about the animals themselves and the
space available for running, and upkeep of the property. She stated that she has driven by the
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premises but has not viewed it up close, particularly since the tarps shielded the yard from
view. She then responded that she could not recommend approval of the kennel license if
it
were being requested at this time, particularly since the number of dogs has changed, the
conditions have changed, and complaints from the neighbors have escalated.
. Ms. Sindy Matthews, 110 South 10th Avenue, stated she put the tarps up because she
had trimmed the trees in the yard and lost that privacy. She stated
that once she received
notice that the tarps could not be hung on the fence, she removed them in the front.
Ms. Matthews stated she has purchased bark collars for her dogs. She noted, however,
that the wiring in her old house cannot accommodate the large plug-in type of collars, which
are the most effective. She stated that she is now trying smaller battery-operated
collars,
which are not quite as effective; and she is looking at other types of bark collars that might
work better.
Ms. Matthews stated that she has tried to keep her dogs in the house until 6:00 a.m.;
however, she noted that is not always possible when they have gone to bed at 9:30 or 10:00
p.m. She recognized that having all of her dogs in town is not appropriate; and she is looking
. for a home in the country, with more space for the dogs to run. She stated that at the present
time, she has only four dogs at her home, with the others being boarded where they can run;
and she is cycling them between her house and boarding.
Ms. Matthews indicated that she tries to clean up the yard on a daily basis, using a barrel
to store the wastes until she takes it to the landfill. She noted that, until she received a notice
from the City crews that her garbage cans were too heavy, she was putting the wastes into
the garbage can.
Responding to Mayor Stueck, Ms. Matthews stated she has eight dogs. She noted that,
until the weather got hot, she took the dogs to work with her; and she will take them to work
again when the weather cools down. She reiterated that she began last
week to look for a
. place to live in the country, where there is more space, but she recognizes it may take some
time to find a place.
Responding to City Attorney Luwe, Ms. Matthews stated she began using bark collars
in July, noting that it takes a while for the dogs to become used to the collars and respond.
Commissioner Rudberg stated that when she visited the site, she was alarmed by the
tarps around the fence. She noted that the smell up and down the alley was also of concern.
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She recognized that Ms. Matthews loves her dogs, but she emphasized that they need to have
room to run. She concurred with Ms. Matthews'
assessment that having so many dogs in
town is inappropriate.
Commissioner Frost stated that when he drove by the property last week, he could not
. see in the yard and the smell was very strong. He then indicated
that he cannot support
continuation of the kennel license.
Commissioner Youngman recognized the inappropriateness of having such a high number
of dogs on this small property. She then asked if the revocation of the kennel license can
be
set for a specific time, to allow Ms. Matthews an opportunity to find either an alternative
home
for the dogs or an alternative home for herself and the animals.
The City Attorney responded that the Commission may set the revocation for a specific
date.
Mayor Stueck stated concurrence with Commissioner Youngman's comments. He noted
that, from Ms. Matthews' testimony, it is obvious that her dogs are her family; and he feels
it
is appropriate to establish a date on which the revocation becomes effective.
. Following a brief discussion, the City Attorney recognized it would be acceptable to allow
four dogs on the premises between now and revocation of the kennel license, with the dogs
being rotated between the house and the kennel. He cautioned, however, that once the kennel
license is revoked, only two dogs will be allowed at the house; and that population must
remain
stable because the dogs must have individual animal licenses.
City Manager Wysocki cautioned Ms. Matthews that she must faithfully take the barrel
of wastes to the landfill, noting that possibly much of the smell from the site is due to
the
wastes remaining in the barrel too long.
He stressed that the barrel must be dumped a
minimum of once a week, in addition to daily cleaning of the yard, to ensure the problems
of
smell are adequately addressed.
It was moved by Commissioner Frost seconded by Commissioner Youngman, that the
. Commission revoke the kennel license issued to Sindy Matthews, 110 South 10th Avenue,
effective September 5, 1996, at which time a maximum of two dogs will be allowed on the
premises, with those dogs being individually licensed. 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.
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Mayor Stueck suggested that the Commission may wish to review the code provisions
for kennel licenses, to alleviate the potential of this type of problem occurring in the future.
Animal Control Officer Lien suggested that the Commission may wish to consider two
types of kennel licenses, one for breeding and one for neutered and spayed pets.
.
Authorize counsel to forward settlement offer to Nelson aroue re Bozeman Solvent Site
City Manager Wysocki stated that, included in the Commissioners' packets, was a memo
from City Attorney Luwe, dated July 31, 1996, forwarding a proposed settlement offer to the
Nelson group for the costs they incurred in connecting to City water services because of the
groundwater contamination resulting from the Bozeman Solvent Site.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the settlement agreement as submitted, and authorize and direct
counsel to forward the settlement offer for the Bozeman Solvent Site to the Nelson group. The
motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No
. being Commissioner Frost.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1 ) Letter from Bozeman Interfaith Housing 2, dated July 30, asking that the
Commission approve sponsorship for a CDBG grant application and informing the Commission
that they will be applying for a HOME grant as a Community Housing Development
Organization (CHDO).
(2) Copy of a page from the Third Quarter 1996 edition of The Springsted Letter,
which contains an article entitled Best Practices for Budgeting.
. (3) Copy of a letter from Planning Director Epple to Ms. Beth Pepper, dated July 29,
regarding permitting requirements for assisted living care facilities.
(4) Copy of a memo from Police Chief Larry Conner to City Manager Wysocki, dated
July 30, announcing that community policing training will be conducted on August 28 and 29
at the City Center Motel.
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(5) Notification from the Montana Department of Environmental Quality regarding the
project priority list and intended use plan for construction grants and the State Revolving Fund
(SRF) Loan Program.
(6) Letter from County Commissioner Phil Olson, dated August 2, announcing that an
. RFP Review Committee has been established and met on August 2 to begin ranking of the
sixteen responses to the Request for Proposals regarding composting.
The City Manager indicated that, prior to the next meeting of the composting committee,
which is scheduled for August 16, the committee is to have the top five responses identified.
(7) Copy of the Tentative Appropriation Ordinance and a tabulation of the differences
between it and the City Manager's recommendations.
(8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
August 6, at the Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, August 6, in the Commission Room.
(10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
. Tuesday, August 6, in the Commission Room.
(11 ) The City Manager submitted his weekly report, as follows. (11 Met with President
Malone and Bob Spector, from MSU, regarding upcoming activities on campus. (2) Met with
representatives from the Montana Ambassadors about economic development issues last week.
(31 Was interviewed for the Gallatin Report on KBOZ last week. (4) Attended
Sweet Pea
activities during the weekend. (5) Announced that during next week's work session,
he will
ask the Commissioners for input on possible legislative items, in anticipation of a meeting of
the Montana League of Cities and Towns Legislative Committee the following week.
(6)
Announced that Neighborhood Coordinator/Grantsperson James Goehrung attended the RFP
Review Committee meeting held on August 2.
(121 Commissioner Frost submitted the following. (1 ~ Stated he is still trying to recover
. from his daughter's wedding. (21 Stated his appreciation for the copy of the
article entitled
City checkbook empty, printed in the Independent Record, which was distributed in the
Commissioners' boxes. (31 Noted that the latest Building Inspection Division report reflects a
valuation of new construction which is even higher than last year's. He then asked that a year-
to-date tabulation of impact fees be included in these reports in addition to the monthly figures.
08-05-96
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(13)
Commissioner Stiff suggested that early in an upcoming work session, possibly at
next week's meeting, the Commission should discuss items which they want to see on
upcoming work session agendas.
(14)
Mayor Stueck submitted the following. (1) Met with MSU President Malone, Bob
. Spector, and the City Manager last week. He noted that they are
enthusiastic about the
opportunity to informally discuss plans for the campus. (2) Noted that at the Recreation
and
Parks Advisory Board meeting on Thursday night, concern was expressed about the installation
of the chain link fence along the boundary of the cemetery, as proposed by the Cemetery
Board. (3) Stated that later this
week, he and some of the City staff members will meet to
view the Rose Park site and discuss where excess dirt from the extension of West Oak Street
may be most beneficially dumped.
Consent Items
City Manager Wysocki presented
to the Commission the following Consent Items.
Staff report - annexation reauest
for 0.664~acre parcel known as a portion of
.
Tract B. COS No. 573. located in the SW~. Section 13. T2S. R5E. MPM
(1705 West Kaay Boulevard) - Bin Chang for Northwood Land & livestock
(A-9602)
Commission Resolution No. 3134
- intent to annex 0.664-acre parcel known as
a portion of Tract B. COS No. 573. located in the SW~. Section 13. T2S.
R5E. MPM (1705 West Kagy Boulevard): set public hearing for September
3. 1996
COMMISSION RESOLUTION NO. 3134
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 PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES
OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE SAID CONTIGUOUS TRACT
WITHIN THE CORPORATE LIMITS
THEREOF.
Preliminary plat for minor subdivision
to create three residential lots on 0.7589
acres known as Tract 8. Perkins & Stone Addition (424 North Rouse
.
Avenue) ~ Ed Adamson: approval subiect to conditions recommended by
City-County Planning Board (P-9628)
Reauest for permission to conduct
MSU Homecomina Parade - Saturday. October
12, 10:00 a.m. - Main Street from Rouse Avenue to 11th Avenue: per
parade guidelines
Commission Resolution No. 3135
- approving tax reduction on Haas vertical
machinina center ~ AK Specialties. Inc.
08-05-96
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COMMISSION RESOLUTION NO. 3135
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF AK SPECIAL TIES, INC.,FOR TAX
REDUCTION UNDER
SECTION 15-24-1401, ET SED.,
MONTANA CODE
ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660.
. Commission Resolution No. 3136 - approvina tax reduction on Haas CNC Lathe -
AK Specialties, Inc.
COMMISSION RESOLUTION NO. 3136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE APPLICATION OF AK SPECIAL TIES, INC.,FOR TAX
REDUCTION UNDER
SECTION 15-24-1401, ET SEa.,
MONT ANA CODE
ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660.
Reappoint Racene Friede as City's representative and appoint David Smith as
City's alternate on the Yellowstone Country Board of Directors
Ratification of City Manager's approval of Special Caterina License - The Baxter
Hotel Comoration - for Class of '76 Reunion at Emerson Cultural Center on
July 26 and 27. 1996
Authorize City Manager to sign - Water Pipeline and Access Easement - Jim and
Julie Bowles and William Cope - 30-foot-wide easement for water line
across Tract 18, Northeast Annexation (livestock yards)
Appointment of Commissioner Younaman and Commissioner Rudbera to review
. Depository Bonds and Pledged Securities as of March 31, 1996 and June
30. 1996
Award bid for SID No. 663 (pavina of Oak Street west of North 19th Avenue) -
JTL Group. Belgrade. Montana - total bid amount of $208.945.00
Reauest for permission to conduct Walktoberfest - American Diabetes Association
- Sunday, October 6. 1 :30 p.m. - beainning and ending at Boaert Park:
limited to sidewalks and walkways
Authorize staff to proceed with the 1996 Sidewalk Repair Program, in the area
bounded by West Babcock Street, South Willson Avenue. West Colleae
Street. and South 4th Avenue
Authorize absence of Commissioner Youngman from meeting of August 19. 1996,
in compliance with Section 7-3-4322(2), M.C.A.
Ratify City Manager's decision to waive pavement cut policy and allow cutting of
West Colleae Street (at the Farmers' Canal) for installation of utilities to the
MSU Foundation property
. Authorize City Manaaer to sign - Setback Easement - Jack and Vanessa Germeroth
- additional 20-foot-wide building setback easement from the south
boundary of the buildina setback south (southwest corner of Gooch Hill
Road and US Hiahwav 191)
Authorize City Manaaer and Mayor to sian - Interlocal Aareement with Gallatin
County - Victim/Witness Assistance Program for Fiscal Year 1996-1997
Authorize City Manager to sign - Floor Removal Agreement with Brickley
Construction Company. Butte, Montana for removal of asbestos tile and
mastic in City Hall Annex
08-05-96
+ 17 -
Authorize City Manager to sian ~ Water Pipeline and Access Easement and
Agreement - Frederick J. Bell - 30-foot easement on lots 28 and 29 and
vacated right-of-way. Block 2. Imes Addition (old Pea Cannery)
Authorize use of annual leave for Clerk of the Commission Sullivan on Auaust 12-
14. 1996: appoint Deputy Clerk Gill Erlandson as Acting Clerk of the
Commission
. Buildina Inspection Division report for June 1996
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 - 4:50 p.m.
Mayor Stueck declared a recess at 4:50 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 - Commission Resolution No. 3130 - levying and assessing street maintenance
district for Fiscal Year 1996-1997
This was the time and place set for the public hearing on Commission Resolution No.
3131, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3130
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, lEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 1997 UPON All REAL PROPERTY IN THE CITY OF BOZEMAN. COUNTY
OF GAllATIN. STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN.
Mayor Stueck opened the public hearing.
City Manager Wysocki reminded the Commission that the street maintenance district is
one of the three budget units which comprise the total funding for operation of the Streets
08+05-96
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Division. He stated that this resolution
reflects a proposed 4-percent increase in the
assessment rate from $ .00459 last year to $ .00478 per square foot this year, for a total
increase of approximately $2.00, to approximately $55.00 on an average parcel of 10,000
square feet.
. Mrs. Jennifer Smith Mitchell, 122 South Church Avenue, stated her opposition to the
proposed increase. She stated
that not all streets in Bozeman are paved, therefore, not
everyone receives an equal benefit.
She also noted that inflation for the past year was 2.85
percent, and the proposed 4.0-percent increase is significantly higher.
She encouraged the
Commissioners to not implement the proposed increase.
City Manager Wysocki stated that the unpaved streets in Bozeman remain because the
residents along those streets have not asked for paving, and those streets require more
maintenance than the paved streets.
Mayor Stueck closed the public hearing.
Responding to Mayor Stueck, City Attorney Luwe stated that the Commission must
adopt a resolution of assessment this evening under requirements in the City code and Montana
. Code Annotated. He indicated that the Commission may amend the assessment rate prior to
that adoption if they so choose.
Commissioner Rudberg stated that she cannot support the proposed increase in the street
maintenance district assessment rate because of the other increases which have been assessed
against property owners, including the rate increases for water and wastewater and the
surcharge for the solvent site.
She recognized that this proposed rate increase may not be
significant, but she cannot support it.
Commissioner Frost noted that the City has just implemented a $5 million general
obligation bond issue for improvements to streets, and he feels that to decrease the amount
budgeted for maintenance is inappropriate.
At Commissioner Youngman's request, City Manager Wysocki reviewed the items
. contained in the street maintenance district budget. He stated
that if the revenues are
decreased, then the amount budgeted for salaries must decreased correspondingly; and that
will result in reducing the number of employees.
Responding to questions from Commissioner Youngman, the City Manager stated that
the proposed 4-percent increase in the assessment rate will cover the 3 + -percent increase
in
08-05-96
- 19 -
salaries plus the increase in health insurance premiums as well as increases in the cost of
supplies.
Mayor Stueck stated he does not support the proposed increase in assessment rate,
noting his concurrence with the reasons forwarded by Commissioner Rudberg. He noted that
. during the budgeting process, the Commissioners were cautioned that the City is approaching
the 1-105 cap, which means revenues from property taxes are limited. He noted that many
communities in Montana have been impacted by 1-105, and cutting of services has resulted.
He recognized that decreasing the revenues may result in staff reductions; however, he
stressed the importance of the City living within its budget.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission finally adopt Commission Resolution No. 3130, levying and assessing street
maintenance district assessments for Fiscal Year 1996-1997. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost
and Commissioner Youngman; those voting No being Commissioner Rudberg and Mayor
Stueck.
.
Public hearing - Commission Resolution No. 3131 - levving and assessing tree maintenance
district for Fiscal Year 1996-1997
This was the time and place set for the public hearing on Commission Resolution No.
3131, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3131
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 1997 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.
Mayor Stueck opened the public hearing.
City Manager Wysocki reminded the Commission that the tree maintenance district was
. created approximately five years ago and, under this program, a systematic trimming of all of
the trees on public places in the community are being trimmed. He noted that not all of the
trees in the community have been trimmed, but the process should be completed within the
next year or two. He stated that under this resolution, the assessment rate is 4 percent higher
08-05-96
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w 20 ~
than last year's, increasing from $ .00140 to $ .00146 per square foot. He stated this increase
will result in an overall increase of $5,700 in revenues for the fiscal year.
The City Manager stated that, in addition to continuation of the tree trimming program,
it is anticipated that a tree planting program will be implemented this year, concentrating on
. areas which have been developed without requiring the planting of street trees. He noted that
the removal of tree stumps and trees is also to be accomplished under this program.
City Manager Wysocki distributed to the Commission a memo, dated August 5, 1996,
listing the activities which occur during the "off season", since this is a year~round operation.
He then stated that the City crews have done all of the tree trimming in the past two years,
due in large part to the fact that the cost of tree trimming under contract had increased from
$89 in 1991 to $104 in 1992 to $124 in 1993 per tree.
Mr. Joe McKay, 401 South Third Avenue, stated he lives on the corner of West Koch
Street and South Third Avenue. He indicated that he has one boulevard
tree on South Third
Avenue and six boulevard trees on West Koch Street. He stated
that during the second year
of the program, the trees were trimmed on West Koch Street as far east as South Fourth
. Avenue; and a year or two later, they trimmed the trees on South Third Avenue, including his
tree. He stated that he has received no response to repeated calls to have the trees on
the
West Koch Street side of his property trimmed. He stated that
this year he contacted
Commissioner Stiff but, to date, no tree trimming has been done. He expressed concern that
these are very large, mature trees, and one of the limbs is now hanging over his roof. He then
stated that, in light of the problems he has had, he does not feel that increasing the tree
maintenance fee is appropriate.
Ms. Shirley Powell, 8 Teton Avenue, stated that Valley Unit Subdivision was developed
without street trees, and few street trees have been planted in that subdivision to date.
She
asked how long the City intends to impose the tree maintenance district assessment, stating
she is opposed to continued payment of the assessment when she has no trees to be trimmed.
. She stated that the proposed 4~percent increase in the assessment rate does not sound like
much; however, she stated that the continual increase in all types of fees and taxes has a
cumulative effect. She concluded by encouraging the Commissioners to not implement
the
proposed increase.
08-05-96
...,.---..-------
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Ms. ReNae Grantier, 1309 South Willson Avenue, stated she has no trees in front of her
home and asked when it is anticipated new trees will be planted in that area. She stated
that
if she is paying a tree maintenance assessment, she feels that she should have the enjoyment
of those trees.
. Mr. Tom Austin, 1111 South Willson Avenue, stated that he called the Forestry Division
and asked when the trees in front of his house would be trimmed. He noted the response was
that they would be trimmed in about two years, and they were indeed trimmed on schedule.
Mr. Chad Groth, 701 South Willson Avenue, stated that the forestry crews spent three
days trimming the trees in front of his house this year. He suggested that a private company
could probably have trimmed the trees in one day, and suggested that it may be more cost
beneficial to contract the service rather than using City personnel.
Mr. Bill Mitchell, 122 South Church Avenue, stated that he pruned trees in years past.
He cautioned that care must be taken when pruning trees in the spring to avoid cutting into
good wood because it can cause the sap to leak out of the tree and shorten its longevity.
City Manager Wysocki stated he will talk to the Forestry crews and respond to Mr.
. McKay personally. He then stated that if the tree planting program is started
this year, as
proposed by the Tree Advisory Board, areas were there are no street trees, such as Valley
Unit
Subdivision and the south end of South Willson Avenue, will be among the first areas targeted.
He noted that under this program, the City is to share in the costs of planting trees on
the
boulevards, so that larger trees may be planted.
He reminded the Commission that the
systematic pruning of trees has resulted in the trimming of many trees in the community
for
the first time in many, many years. He noted that, because of the lack of systematic trimming,
it has taken longer to cover the community than originally anticipated.
He stated that
maintenance in future years should be easier after this initial trimming program. He cautioned
that maintenance is an on-going process, noting that there are already dead limbs in some
of
. the trees that were trimmed just a few years ago.
Mayor Stueck closed the public hearing.
Mayor Stueck stated he does not support the proposed increase in assessment rate. He
then suggested that this program may be more cost effective through contracting with private
services rather than through the use of City staff and equipment. He suggested that through
08-05~96
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contracting, the City would have more flexibility in determining how large the program would
be in any given year.
Commissioner Stiff stated no one feels stronger about preservation of trees in the
community than he does, as evidenced by his personally hiring a tree trimming company to trim
. the trees around his home on South Third Avenue before the tree maintenance district was
implemented. He indicated, however, that, in light of the problems that have been forwarded
by Mr. McKay, he cannot support an increase in the assessment rate this year.
Commissioner Youngman stated that she received a telephone call from a resident who
strongly supports maintenance of the street trees and ensuring they remain in good health. She
noted that she recently bought her own home and planted street trees, and it will be several
years before they need trimming. She stated, however, that she does walk along streets and
in parks where there are large trees; and she derives a benefit from having those trees
maintained. She recognized that the tree maintenance program addresses a safety factor. since
potentially dangerous limbs and trees are identified, monitored and appropriately maintained.
Commissioner Youngman forwarded her support for the proposed increase in the
. assessment rate, noting that since the rate is low, the revenues generated are also low. She
cautioned that failing to implement the increase could result in hardships for the program for
this fiscal year. She also indicated her willingness to review alternatives,
to ensure that this
program is operated in the most cost effective manner possible.
Commissioner Frost stated his support for the proposed increase in the assessments.
He thanked those who had the foresight seventy years ago to plant the trees which he now
enjoys. He also noted that all of those trees have grown in value to be a multi-million-dollar
asset. He characterized this as a legacy that must be protected by maintenance and planting
of new trees to replace the old ones, which will need to be removed in future years. He stated
that the budget for the tree maintenance program is a small one, and the City crews are as
. good and as efficient as any private contractors he has seen working in the community.
Commissioner Rudberg stated she does not support the proposed increase in the
assessment rate, particularly since the City is rapidly approaching the ceiling under 1-105. She
then indicated her support for considering the option of privatizing this service, thus avoiding
the continuing upward spiral of wages and benefits.
08-05-96
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City Attorney Luwe reminded the Commission that an assessment resolution must be
adopted this evening.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission finally adopt Commission Resolution No. 3131, levying and assessing tree
. maintenance district assessments for Fiscal Year 1996~ 1997.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
resolution be amended by establishing an assessment rate of $0.00140 per square foot. 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 being
Commissioner Youngman.
The main motion, as amended, to finally adopt Commission Resolution No. 3131, 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 - COA with deviations from Section 18.24.050 and 18.50.120.B.7. Bozeman
Municipal Code. to allow renovation of existina aarage which encroaches 7 feet into reauired
8-foot side yard setback and allow surfacinQ of parking area with Qravel rather than asphalt or
concrete on lots 16-18. Block 38. West Park Addition - Peter Ohman. 612 South 10th Ave
(2-9658)
This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviations, as requested by Peter Ohman under Application No. 2-9658, to allow
renovation of an existing garage which encroaches 7 feet into a required 8-foot side yard
setback and to allow surfacing of the parking area with gravel rather than asphalt or concrete
on Lots 16 through 18, Block 38, West Park Addition. The subject property is more commonly
located at 612 South 10th Avenue.
Mayor Stueck opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
. under this application, a single-story cinder block garage with flat roof is to be converted to a
studio apartment with a gable roof, the peak of which will be approximately nine feet higher
than the existing garage roof.
The Historic Preservation Planner stated that, in conjunction with this application, two
deviations are being sought. He noted that, since the existing structure encroaches 7 feet into
08~05-96
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the required 8-foot side yard setback, a deviation is required. Also, the applicant has proposed
that the on-site parking area be graveled rather than paved with asphalt or concrete, as required
under the Bozeman Municipal Code.
Historic Preservation Planner Strahn stated that the Development Review Committee and
. the Design Review Board reviewed this application. He stated that
during those reviews,
concern was expressed about fire safety issues. As a result, it was
determined that all
windows on the southern wall of the structure should be removed and that the wall be fire
rated because of its proximity to the property line. Following those reviews, the Development
Review Committee forwarded its approval, subject to five conditions; and the Design Review
Board forwarded its recommendation for approval of the deviations, subject to one condition.
Mr. Peter Ohman, applicant, indicated his concurrence with the staff report and
forwarded his willingness to respond to questions.
No one was present to speak in opposition to the requested deviations.
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 Certificate of Appropriateness with deviations, as requested by Peter
Ohman under Application No. Z-9658, to allow renovation of an existing garage which
encroaches 7 feet into a required 8-foot side yard setback and to allow surfacing of the parking
area with gravel rather than asphalt or concrete on Lots 16 through 18, Block 38, West Park
Addition, subject to the following conditions:
1. The final site plan drawings shall be adequately dimensioned;
2. Sewer services shall be approved by the Water/Sewer Superintendent. City
of Bozeman applications for sewer shall be completed by the applicant. A
separate sewer service shall be provided for the proposed facility;
3. The proposed single-family dwelling unit is expected to have relatively minor
traffic impacts to the existing alley. In accordance with deviations allowed
in Section 18.50.110 of the Bozeman Municipal Code, the existing gravel
alley serving the proposed project currently provides an adequate level of
. service for the current property use. As such, the developer may use the
gravel parking area as indicated on the application.
The parking area shall be designed to provide a minimum of 26 feet backup
space (includes the alley width);
4. All existing utility and other easements must be shown on the final site
plan. The final site plan shall
also include the location of the nearest fire
hydrant;
08-05-96
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5. An adequate snow storage area must be designated on the subject
property; and
6. The applicant shall obtain a building permit within one year
of Certificate of
Appropriateness approval, or this approval shall become null and void.
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 - variances from Sections 18.12.030 and 18.12.050 to allow placement of
mobile homes on existing lots within the Sprinahill Park Mobile Home Subdivision. located
on
lots 10-22. Block 1. and lots 18.21. Block 2. Springhill Park Subdivision. located in the
SE%.
Section 23. and the SW%. Section 24. T1 S. R5E. MPM - lowell Sprinaer for Don Cape
(C-9610)
This was the time and place set for the public hearing on multiple variances, as requested
by lowell Springer for Don Cape under Application No. C~961 0, to allow the placement of
mobile homes on existing lots within the Springhill Park Mobile Home Subdivision, described
as lots 10 through 22, Block 1, and Lots 18 through 21, Block 2.
The subject property is
located approximately % mile east of Springhill Road on Springhill Lane.
. Mayor Stueck opened the public hearing.
City-County Planning Director Andy Epple presented the staff report.
He stated that
under this application, three variances are being sought, as follows:
1 . From
Section 18.12.050, to allow manufactured homes to encroach into
the 25-foot rear yard setback;
2.
From Section 18.12.030, to allow lot widths of 70 to 80 feet, which is less
than the minimum 100 feet required; and
3.
From Section 18.12.030, to allow lots on a community sewer system of
one-quarter acre, which is less than the one-half acre required.
The Planning Director stated that the subject mobile home subdivision was originally
platted in
1970, in accordance with the applicable regulations in place at that time.
Subsequently, the property was zoned "R-S", Residential--Suburban Country Estates. He noted
. that the subdivision was originally approved with a small community water system and
individual septic tanks and drainfields.
After 28 of the platted lots were developed, sanitary
restrictions were placed on the remaining 17 lots. because of concerns about a potential
floodplain designation and high groundwater in the area. The applicant has worked with the
State of Montana Department of Environmental Quality to gain approval of, and construct,
a
08-05-96
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--.-.. -
- 26 -
small community "package plant" sewage disposal system. The system
is designed to
accommodate the 17 undeveloped lots initially. He stated that the on-site sewage
system is
substantially completed, with final approval from the State contingent upon certification that
the "as builts" meet the terms and conditions of the Department of Environmental Quality
. approval.
The Planning Director stated that the zone code requires mobile homes to be placed on
lots so that a minimum of 34 feet of length is parallel to the street.
He noted that this
requirement cannot be met and still meet the 25-foot side yard setback requirements under the
"R-S" zoning designation. He stated that under the code, one option would be to aggregate
the lots, since they are in one ownership, and that would result in eight lots which meet the
code requirements. He cautioned, however, that since the plat is recorded at the County Clerk
and Recorder's Office, ownership of the lots could be transferred without any type of review
by the City or the County, so staff does not support the idea of aggregating the lots.
Planning Director Epple stated that the property owner has proceeded with the on-site
high-tech sewer system in anticipation of developing the remaining 17 lots as originally
. approved through the subdivision review process in 1970. He noted that,
when he reviewed
the plat, he recognized the problems which have been enumerated in this application.
The Planning Director reviewed the surrounding land uses, which include vacant,
undeveloped farmland to the north and east and single-family residences to the west and south,
with the Riverside Golf Course located to the southwest.
Planning Director Epple stated that staff has reviewed this application in light of the three
criteria established by the Montana Supreme Court for consideration of variance applications,
and the staff's comprehensive findings are contained in the staff report. He
summarized the
criteria and staff findings, noting that the subdivision was platted approximately 26 years ago
and two-thirds of the lots have been developed. He suggested that continuing this pattern of
development, with modern double-wide manufactured homes connected to a state-of~the-art
. sewage system would be appropriate. He noted that approval of the variances will allow the
continued development of the subdivision as originally platted. He
forwarded the staff's
recommendation for approval of the variances, subject to three conditions which ensure that
the necessary approvals will be obtained prior to placement of manufactured homes on the lots.
08-05-96
- 27 -
Planning Director Epple concluded his presentation by cautioning it may be extremely
difficult to place manufactured homes on Lots 18 and 21 without additional variances to those
requested under this application. He suggested that, either the lots must be reconfigured
or
additional variances sought for development of those lots. He reminded
the Commissioners
. that four affirmative votes are required for approval of these requested variances.
Mr. Lowell Springer, architect representing the applicant, stated general agreement with
the staff report as presented. He stated that the new sewer system has been designed with
adequate capacity to serve all of the lots in the subdivision, in the event that nitrates become
a problem. He indicated that this application has been forwarded based on an issue of fairness.
He noted that in 1970, when the subdivision was created, it conformed with the criteria for
subdivisions of this nature; and it was projected to build out within a few years.
He noted,
however, that in 1975, the State determined too many septic tanks were located in the area,
causing nitrate problems. He stated that finding a septic system that would be adequate was
not an easy task; but the result of many years of research is a sophisticated system that will
do a good job. He noted that system has been designed and, following approval by the State,
. is nearing completion.
Mr. Springer stated his concurrence with the conditions recommended by staff for
approval of this application. He recognized that the setbacks on the two lots identified by the
Planning Director might create some problems in the placement of manufactured homes,
particularly since they were originally designed for single-wide homes, and asked that the
Commission authorize the Planning Director to allow the manufactured homes to encroach into
the 35-foot front yard setback or to approve an alternate orientation of the home if necessary.
Mr. Don Cape, applicant, stated that in 1974, the State imposed the sanitary restrictions.
He noted that several alternatives were considered, including a lagoon system that would be
located on the neighboring property. He noted that idea was dismissed, and they turned their
attention to the parkland; but the County sold the park and it is now cost prohibitive to
. purchase it for a septic system. He stated that once the location of the sewer system was
identified, the search for a sewer system was necessary. He stated that $250,000 has been
spent in developing the sewer system and paving the streets in the subdivision.
Mr. Cape stated that when the subdivision was originally approved in 1970, only 8+foot
setbacks were required. He forwarded his position that the covenants and the regulations
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under which the subdivision was created should be the criteria under which the remainder of
the subdivision is developed. As a result of that position, he feels the variance to the 25-foot
rear yard setback is not necessary, since the setback was 8 feet under the original approval.
Mr. Cape recognized that Planning Director Epple has done everything possible to forward
. these variances as quickly as possible for public hearing and a decision.
He expressed his
frustration, however, that he has been required to go through this process rather than being
allowed to develop the remainder of the subdivision as planned.
Mr. Tom Austin, 1111 South Willson Avenue, encouraged the Commissioners to approve
the requested variances, noting one of his friends wishes to move into the subdivision.
He
stated that a measurement of the space between his home and his neighbor's revealed it is less
than 16 feet. He noted that the Commissioners have talked about the need
to provide
affordable housing,
and this subdivision
would allow for that.
He asked that the
Commissioners approve these variances and allow people to buy affordable homes.
Mr. Ivan Flock, 1609 Alder Court, stated he and his wife sold their home based on the
assumption they would be able to place a manufactured home in this subdivision; and, as of
. next week, they will be homeless. He noted there is a "crying need" for low-income housing;
however, he expressed frustration that the City is imposing steps which take additional time,
and asked "when will the bureaucrats stop harassing the people".
He concluded by
encouraging the Commission to approve the project the way it was originally designed.
Ms. Kelly Holland, Hidden Valley Road, noted that Bozeman desperately needs affordable
housing, and this subdivision will provide that. She cautioned
that making the lots larger will
only increase the price, and encouraged Commission approval of the variances.
Ms. Lynette Hubbard stated that they purchased a lot and an average home for a family
of four. She encouraged approval of the requested variances.
Responding to Commissioner Stiff, Planning Director Epple stated that the variances for
which application have been made pertain to side yard setbacks, lot area and lot width. He
. noted that in a conversation with the applicant's representative, he suggested that all variances
possibly needed for development of this subdivision should be forwarded in this application.
He further indicated that this application has been fast tracked, since the application was made
less than three weeks ago. He then cautioned that the Commission
may not grant him
administrative authority to act on a revised orientation of the manufactured home or
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encroachments into the setbacks on the two lots identified under the provisions of the zone
code.
Planning Director Epple stated that staff has questioned whether %-acre lots on
community water and sewer systems represent an appropriate type of development in the
. "R-S" Residential--Suburban Country Estates, zone. He suggested that an "R-MH", Residential--
Mobile Home, zoning designation might be more appropriate for this subdivision; and that zone
has the more traditional setbacks of 25-foot front yard setback, 8-foot side yard setbacks and
20-foot rear yard setback. He noted that if the zoning remains "R-S", there is the potential that
variances will be sought for the individual lots within this subdivision. He then indicated that,
if the Commission so directs, staff could roll this zone map amendment into the next round of
zone code amendments, which will be forthcoming in the near future. He suggested that the
rezoning process, under this mechanism, would be completed before the end of the calendar
year.
Responding to Mayor Stueck, City Attorney Luwe stated the only three mechanisms
available for addressing the problems encountered are a zone map amendment. a zone code
. amendment and variances. He noted that the variance process was identified as the quickest
process, and that is the process which the applicant chose to use. He recognized
that Mr.
Springer's additional request could be accommodated through the variance process also;
however, it was not included in the application or the advertisement and, therefore, cannot be
considered at this hearing. He cautioned that to act on that additional request
tonight could
result in the decision being overturned or the title being clouded since it was not advertised.
Responding to Commissioner Youngman, Planning Director Epple indicated that a single-
wide mobile home could be placed parallel to the street and meet all of the code requirements
under this variance application on all but possibly one lot in the subdivision.
He then
encouraged the Commissioners to remember that the homes on any of the lots within the
. subdivision may be changed, and a zone map amendment might alleviate the need for variances
as older homes are moved and newer ones replace them.
Responding to City Manager Wysocki, Mr. Springer stated he did not request variances
for the front and rear yard setbacks because he did not feel they could be justified. He noted
that from Mr. Cape's testimony, however, he wishes to return to the setbacks under the
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original approval, which include a 25-foot front yard setback instead of the 35-foot front yard
setback required under the "R-S" zoning.
Mr. Cape stated that, without variances which allow the original setbacks, the project
will essentially be shut down. He expressed his frustration at the bureaucracy
he has
. encountered while trying to get the sanitary restrictions lifted so that he may continue with
development of his subdivision. He stated that he has a real problem with the change in rules
under which he is being asked to operate.
Responding to Mayor Stueck, City Attorney Luwe stated that development must conform
with the current code requirements. He emphasized that the development as originally planned
cannot occur under the current zone code without a zone map amendment or variances.
Responding to questions from Mayor Stueck, Planning Director Epple indicated that if the
Commission initiates a zone map amendment for the subject property tonight, it will probably
be December before the new zoning is in effect. He then indicated
that the processing of
variances for individual lots would be faster. He noted that Mr. Flock owns Lot 22, and he sees
no emergency situation on that lot since it is large enough to accommodate both the 35-foot
. front yard setback and the 25-foot rear yard setback since it is approximately 150 feet deep.
He also noted that, given the depth of the lots, it would be extremely difficult for staff to
support a variance to the front yard setback. He indicated that
if the Commission approves
these variances tonight, his office is prepared to sign off on building permits for homes which
observe 8-foot side yard setbacks, a 25-foot rear yard setback and a 35-foot front yard
setback.
Mr. Jay Springer, engineer for the project, asked why the subject property was zoned
"R-S", particularly with the ~ -acre lots. He also questioned why changing
it to "R-MH"
requires a hearing process, rather than a determination that it was zoned in error and the new
zoning established. He asked if the City has a board which considers variances.
The Planning Director responded that rezoning must be accommodated through the
. appropriate process. He then indicated that the City does have a Board of Adjustment;
however, under the zone code, the Commission considers applications containing multiple
variances.
Mrs. Jan Flock, 1609 Alder Court, forwarded her disagreement to the Planning Director's
08-05-96
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assessment that no emergency exists for Lot 22, particularly since she must move out of her
house next week and has no place to live.
Planning Director Epple recognized her concern. He noted, however, that since the lots
are 150 feet deep, the footprint for the manufactured home can be adjusted to meet the front
. and rear yard setbacks.
Mayor Stueck suggested it may be possible to not construct garages on the lots until
after the zone map amendment has been processed and the 25-foot front yard setback has
become effective.
Mr. Lowell Springer stated that when he reviewed this project with Planning Director
Epple, the 35-foot front yard setback was discussed. He noted
that, since no real hardship
could be identified because of the front and rear setbacks, he did not apply for them. He stated
that, because of the lot widths, it was easy to identify problems with the side yards setbacks
and that variance has been sought. He recognized that the requested variances do not address
Mr. Cape's concerns; however, he asked that the Commissioners approve them so that
development of the remainder of the subdivision may be undertaken.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Stiff stated he can appreciate the frustration which Mr. Cape is feeling,
particularly since development of the remaining lots has been on hold for many years. He noted
that approval of the requested variances will allow for continued development, and he supports
them.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the multiple variances, as requested by Lowell Springer for Don Cape
under Application No. C-9610, from Section 18.12.050, to allow manufactured homes to
encroach into the 25~foot rear yard setback, and from Section 18.12.030, to allow lot widths
of 70 to 80 feet, which is less than minimum 100 feet required; and to allow lots on a
community sewer system of one-quarter acre, which is less than one-half acre required, on
. existing lots within the Springhill Park Mobile Home Subdivision, subject to the following
conditions:
1 . That the
owner provide to the
Planning Office a copy of as-built
certifications for the installation
of the community wastewater treatment
facility approved by the State
Department of Environmental Quality, prior
to the issuance of any building
permits for the placement of manufactured
homes or any other structures on
the subject lots;
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. 32 .
2. That no building permits shall
be issued for the placement of manufactured
homes or any other structures on
the subject lots without first obtaining
approval from the Gallatin County
Road Office, Gallatin County Office of
Environmental Health and the Belgrade
Rural Fire District, as per normal
routing and approval procedures;
and
3. Approval of the requested variances
only pertain to lot area and width
. requirements and side yard setback
requirements. All other applicable
zoning requirements shall be complied with, including those pertaining
to
front, rear and corner side yard setbacks.
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.
Following a brief discussion, the Commissioners directed staff to include a zone map
amendment to "R-MH" on this subject property in the next round of zone code amendments.
Adjournment - 8:50 c.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
. adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
C C)t777 ;: /I~J.
DON E. STUECK, Mayor
ATTEST:
r2kJ~@~
ROBIN L. SULLIVAN
Clerk of the Commission
.
08-05-96