HomeMy WebLinkAbout1996-07-15 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY
COMMISSION
BOZEMAN, MONTANA
July 15, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, July 15, 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 - July 1 and July 8, 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. minutes of the meetings of July 1 and July 8, 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.
Decision - Conditional Use Permit - Ileana Indreland and Michael W. Delanev for Bozeman
Athletic Club - allow develooment of a 73,OOO-sauare foot athletic club serving alcoholic
beveraaes 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 development of a 73,000-square~foot athletic club serving alcoholic
beverages 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.
Included in the Commissioners' packets was a memo from Assistant Planner Chris
Saunders, dated July 12, forwarding proposed modifications to the conditions forwarded by
the City-County Planning Board. Also, distributed just prior to the meeting, was a revised
Page
2 for that memo.
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Assistant Planner Saunders reminded the Commission that at the public hearing held two
weeks ago, concerns about three conditions were raised by the applicant; and the Commission
directed staff to work with the applicant in an effort to reach acceptable revisions.
He
indicated that his memo forwards the revised language which has been developed as a result
. of meeting with the applicant, noting that staff feels the revisions are acceptable.
He noted
that Condition No.6 is to be modified to require that Fallon Street be constructed to the
west
property line because of the question about the easement from the west property to
Cottonwood Road. He noted that when the easement has been confirmed or acquired, the road
can be extended to Cottonwood Road. Condition No. 12 is to be modified to allow the street
improvements to be completed prior to occupancy of the building, with the plans and
specifications for those improvements to be approved prior to issuance of a building permit.
Condition No. 14 is to be modified
to more accurately reflect the participation in the
signalization of the intersection of Ferguson Avenue and U.S. Highway 191.
Assistant Planner Chris Saunders stated that, in addition to these three modifications,
. staff has identified four new conditions to be added. He reviewed those additional conditions,
which require completion of the zone map amendment process for a portion of the property
involved, a requirement that City sewer be extended to the property before any expansion
of
the use is allowed, a requirement for review and approval of any aboveground sewage
treatment structures that may be proposed, and a waiver of right to protest the creation
of
SIDs and RIDs for construction of the Cottonwood trunk sewer line.
Mr. Joe Sabol, attorney representing the applicant, reminded the Commission that Ileana
Indreland and Michael Delaney have applied for annexation of the subject property.
He
suggested that annexation of all the property from US Highway 191 to Durston Road and from
Ferguson Avenue to Cottonwood Road could be beneficial to the City, particularly since that
is the direction in which much of the new development is occurring.
He noted that with
. annexation would come City services, which would address many of the conditions which are
recommended for approval of this application.
Mr. Sabol forwarded the applicant's position on the various conditions, noting that
Condition Nos. 6, 12 and 14 are acceptable as redrafted. He then turned his attention to
the
added conditions, characterizing Condition No. 24 as a housekeeping item. He stated that
the
applicants have indicated a willingness to accept Condition No. 27, although he has cautioned
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them that it appears to be open because of the potential that other property owners involved
may choose to pay cash rather than finance their portion of the sewer main installation.
He
stated that Condition No. 26 is acceptable, although he assured the Commission that no above
ground improvements associated with the sewage treatment process are anticipated.
. Mr. Sabol raised questions about the intent of Condition No. 25, and whether it applies
to the addition of a tennis court or if it pertains to expansions or improvements directly
relating
to the application. He suggested that
this provision should be limited to any expansion or
improvement that might impact the sanitary sewer system.
Assistant Planner Chris Saunders responded the zone code specifically states that any
expansion of a conditional use permit must be by conditional use permit. He emphasized that
any expansions which impact the sanitary sewer system should be subject to review,
cautioning that the soils on this site are the same as those found at the Kountz Mobile
Home
Park.
Responding to Mayor Stueck, the Assistant Planner stated that under this condition, any
. expansion of the conditional use permit would be processed as a conditional use permit,
with
careful consideration being given to the original conditions of approval to determine if they need
to be changed to meet the additional demands. H
e then recognized that it might be possible
to add one tennis court without triggering the full review process.
Responding to Commissioner Frost, Assistant Planner Saunders stated that it is important
for all infrastructure improvements to be installed before an occupancy permit is issued,
particularly since this is a very large building. He stressed the importance of ensuring
that fire
trucks and other emergency vehicles can reach the site safely and in a timely manner.
Responding to additional questions from Commissioner Frost, the Assistant Planner stated
that if annexation of this property is approved, the Development Review Committee will re~
review the project to verify that the private septic system may easily be connected to the
City's
. system. He assured the Commission that the costs of ensuring easy connection to the City's
system are not exorbitant, rather, it is simply a matter of ensuring proper design of the
connection points. He then indicated that the difference between this project and Billion
Plaza
is that this is a single connection to a single system, while the Billion Plaza project
is a
community system with multiple structures and connections. He indicated that, since this
is
a single service, connection to the City sewer should be easily accomplished.
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Commissioner Frost reminded the Commission of the Bozeman Solvent Site situation,
noting that the City is now bearing the costs for failure to ensure that the line was properly
installed and that the septic tank was properly disconnected.
Assistant Planner Saunders assured the Commission that inspections by the Department
. of Health and the Building Inspection Department should adequately identify any deficiencies
that may occur.
Responding to Commissioner Stiff, Assistant Planner Chris Saunders stated that an on-
site septic system is being considered because this application was filed prior to the application
for annexation, and the applicant has requested that it be processed as a county project.
He
noted that if the property is subsequently annexed, the Commission will have an opportunity
to require the project be connected to the City's sewer system.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission separate the two segments of the Conditional Use Permit requested by Ileana
Indreland and Michael W. Delaney for Bozeman Athletic Club West, under Application No.
. 2-9643, holding the decision on the portion to serve alcoholic beverages until the August
5
meeting, and approving the portion to allow 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, 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:
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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
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
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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 lanel 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 of final
site plan approval. The value of the proportional
cost (25 percentl 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 (241 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 (PEl 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 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
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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;
20. 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;
21. 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.
22. 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;
23. 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.
24. 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;
25. 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;
26. 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
. 27. 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 Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
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Conditional Use Permit ~ allow expansion of existina manufactured home park on 27.5 acres
located in the NWY<... Section 15. T2S, R5E. MPM to add 11 lots for manufactured homes to
existing 120 lots - Garv Oakland (Kountz Mobile Home Park, 8628 Huffine lane) (Z-9648)
This was the time and place set for consideration of the Conditional Use Permit requested
by Gary Oakland, under
Application No. Z~9648,
to allow expansion of the existing
. manufactured home park on 27.5 acres located in the northwest quarter of Section 15 in
Township 2 South, Range 5 East, Montana Principal Meridian, to add 11 lots for manufactured
homes to the existing 120 lots. The subject property is more commonly known as the Kountz
Mobile Home Park and is located at 8628 Huffine lane.
Assistant Planner Christopher Williams presented the staff report. He stated that since
the subject property is located in an AS, Agriculture Suburban, district, a conditional
use permit
is required for the proposed expansion.
He stated that, in conjunction with adding the
proposed 11 lots to the existing 120-lot mobile home park, a road is to be constructed on
the
west side of the property, which will loop back to the existing dead-end road in this mobile
home park, resulting in two looped roads through the park.
. The Assistant Planner reminded the Commission that on August 7, 1995, they agreed
to allow the mobile home park to connect to City sewer without annexation, subject to the
satisfying of several conditions.
He stated that the consulting engineer for this project has
indicated that connection to the City's sewer should be completed in approximately two
months. He reminded the Commission
that this mobile home park provides a significant
amount of affordable housing in the community, and that is one of the reasons the mobile
home park has been allowed to connect to City sewer to correct their failed septic system
problems.
Assistant Planner Williams stated that staff has reviewed this application in light of the
six criteria established for review of conditional use permits; and the comprehensive staff
findings are contained in the written staff report, which was previously distributed to
the
. Commission. He characterized this request as a 9-percent expansion of an existing use, which
appears to be reasonable, natural and incidental to the growth of a business. He stated
that
Mr. Dick Kountz, property owner to the west, has forwarded his concern about a number of
young children living in the mobile home park trespassing onto his property, particularly
because of the large agricultural ponds which exist.
He stated that, in light of that concern,
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staff has recommended a condition requiring construction of a fence to protect the property
rights of the neighbors and ensure the safety of the children.
The Assistant Planning Director stated that the City-County Planning Board conducted
the public hearing on this conditional use permit application at its July 2 meeting, and
has
. forwarded its recommendation for approval, subject to ten conditions.
He then stated the
existing four-foot~high fence is woven wire with two standards of barbed wire above it.
He
indicated that, after reviewing that fence, staff feels it is adequate to address the recommended
condition.
Mr. Ray Center, consulting engineer representing the applicant, stated he is currently
preparing the preliminary plat for the additional spaces.
He showed the Commission
photographs of the existing fence along the west property line as well as photographs of
the
mobile home park and the property immediately to the west.
Mr. Center stated the applicant is generally in agreement with the recommended
conditions for approval of this application, although he raised concerns about a couple
of the
. conditions. He stated that the applicant
plans to comply with the sign code for the mobile
home park. He noted, however, that the consignment business is separate
from the mobile
home park and, therefore, its sign should not be subject to the condition for the mobile
home
park expansion.
Mr. Center stated that construction of improvements for connection of the mobile home
park to the City's sanitary sewer system are currently underway, and all of the mobile homes
should be connected to the new service within the next couple of months.
Ms. Holly Brown, attorney representing the applicant, stated the other remaining concern
resulting from the City~County Planning Board hearing is the fence along the west side of
the
property. She noted that, from Assistant Planner Williams' presentation, it appears staff
feels
the existing fence adequately addresses the recommended condition. She stated that, because
. of the view of the property to the west, some of the residents in the mobile home park have
installed a privacy fence to screen their view.
Ms. Brown noted that one of the conditions pertains to execution of a waiver of right to
protest creation of an SID for installation of the traffic signal at the intersection of
Ferguson
Avenue and US Highway 191. She stated that, given the discussion on the previous agenda
item, it appears installation of the traffic signal may occur soon.
She indicated that the
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applicant would have no problem providing his fair share of the cash for the project if
it is
determined a special improvement district will not be created.
Responding to City Manager Wysocki, the City Attorney cautioned that the City has an
ordinance prohibiting barbed wire within city limits, stating that if the existing fence
is accepted
. as meeting the recommended condition for approval, it must be understood that the
Commission is not condoning its remaining if the property is eventually annexed.
Ms. Holly Brown stated that the fence was erected by Mr. Kountz and is his fence.
Responding to Commissioner Stiff,
Ms. Holly Brown stated Mr.
Oakland has no
knowledge of children from the mobile home park crossing the fence to Mr. Kountz's property
since he purchased the property. She stated that with the proposed expansion of the park,
the
new road will be located adjacent to the fence, with the new mobile homes being located
on
the east side of the road, so the end of the mobile home park property will be readily evident.
Responding to additional questions from Commissioner Stiff, City Attorney Luwe stated
that the ponds, which might be considered an attractive nuisance, are located on Mr. Kountz's
. property and are, therefore, his liability. He stated that having a fence along the property
line
should be adequate, although he recognizes that some children climb fences. He then stated
that under this conditional use permit application, the Commission may appropriately require
that a fence be installed.
Responding to Commissioner Rudberg, the City Attorney stated that whether the ponds
are an attractive nuisance is a legal issue based on the facts of the specific circumstance.
He
further cautioned that the conditional use permit application does not involve the ponds,
since
they are located on Mr. Kountz's property.
Responding to Commissioner Frost, Assistant Planner Williams stated that the fence was
erected by Mr. Kountz. He noted that,
until it is determined whether the fence is located on
the property boundary, completely on Mr. Kountz's property, or completely on the mobile
home
. park property, the applicant's responsibility for the fence cannot be determined.
Commissioner Youngman stated her only concerns about the fence pertain to its disrepair
in places, where children could easily cross. S
he asked if it would be possible to require the
applicants to upgrade the fence under conditions of approval.
Assistant Planner Williams cautioned that the only way to address the fence situation is
to require the applicant to construct a new fence.
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Responding to Commissioner Stiff, the City Attorney concurred that the location of the
fence must first be determined before any requirements for the applicant to maintain it
are
incorporated into the conditions.
Commissioner Rudberg noted that, close to the entrance of the mobile home park, there
. is a storage shed area and what she characterized as "junk". She
then asked if that will be
cleaned up, if it belongs to the mobile home park rather than the consignment business.
Responding to Mayor Stueck, Ms. Holly Brown stated that no new mobile homes will be
placed on the site or occupied until they have been connected to the City's sewer services,
and
the connections to City sewer services will begin with the existing mobile homes.
She then
stated that the water supply at the mobile home park has never been a problem.
She stated
that water meters will be installed on the wells, as required by the City, to determine
the sewer
rates charged.
Mr. Ray Center stated that the plans for extension of the water main and connection of
the new mobile homes to the system were recently sent to the State, and he anticipates
. approval within thirty to sixty days.
Assistant Planner Christopher Williams stated that since the property is being connected
to City sewer, a condition should be added which requires the applicant to pay the appropriate
wastewater impact fees upon connection to the City's system.
Assistant Planner Chris Saunders stated that this mobile home park, even though it is
located outside city limits, will place the same demands on the sewer system as if it were
located inside city limits. He then suggested
that the condition be written so that it requires
staff review and a determination of whether wastewater impact fees are to be assessed, in
light of when the agreement to allow connection to the City's sewer system was executed.
City Manager Wysocki suggested that Condition No.4 be amended to require a waiver
of right to protest creation of an SID for the traffic signal at the intersection of Ferguson
Road
. and US Highway 191 or, if an SID is not created, that the applicant pay his proportionate
share
of the costs to the City when installation of the traffic signal begins.
Commissioner Rudberg stated that, while she does not feel it is necessary to add a
condition, she feels it is important that the children residing in the mobile home park
be made
aware that they are not to cross the fence onto Mr. Kountz's property.
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Conditional Use Permit requested by Gary Oakland, under Application
No. Z-9648, to allow expansion of the existing manufactured home park on 27.5 acres located
in the northwest quarter of Section 15 in Township 2 South, Range 5 East, Montana Principal
. Meridian, to add 11 lots for manufactured homes to the existing 120 lots, subject to the
following conditions:
1. The applicant shall apply for subdivision
review of the expansion for eleven
(11) manufactured home lots;
2. The applicant shall comply with
the Bozeman Area Sign Code for the mobile
home park identification sign on
the subject property;
3. The applicant shall construct a
fence along the western edge of the property
to
prevent children and animals from trespassing onto
the adjoining
neighbor's property. The fence
shall be, at minimum, four feet high and of
four inch square woven wire or
sheep fencing;
4. In
reference to the Agreement for
Extension of Sewer Service and
Annexation of Kountz Mobile Home
Park, dated August 7, 1995 (filed August
22, 1995) between the City of Bozeman
and the Owner of Mountain Mobile
Home Estates, aka, Kountz Mobile
Home Park, the following items shall be
included as conditions of approval:
. 2.
Prior to connecting to the City's sanitary sewer system, the Owners
shall execute waivers of the right to protest the following:
a. The creation of a Special Improvement District for the
signalization of the intersection of U. S. 191 and Ferguson
A venue; In the event an SID for the traffic signal is not created,
the applicant shall pay his proportionate share of the costs to the
City when installation of the traffic signal begins.
b. The creation of a Special Improvement District for the
construction of City water system improvements, including
future looping for the services provided by the City (domestic and
fire protection); and
c. The annexation of the property serviced by the sanitary sewer
extension.
3.
The Owners agree that all plans and specifications for any proposed
public sanitary sewer extension,
and water extensions required, must be
approved by the City Engineer and
where required, by the Montana
Department of Environmental Quality
prior to construction. The Owners shall
also provide,
at their expense, professional engineering services
for
e construction, inspection, post-construction
certification, and preparation of
mylar record drawings.
9.
Prior to hookup to the City's sanitary sewer system, the Owners will
provide a road and utility easement
fifty feet (50') wide along the east
property line for the entire length
of the property from the north to south
boundaries for the extension of
Ferguson A venue when necessary, or other
easement acceptable to the City.
The easement document may allow for the
use of the property by the Owners
as a mobile home park until such time as
the easement is put to its intended
use by the City. (Two additional
paragraphs to this item not listed
here.)
07-15-96
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12.
Prior to initiation of sewer service, i!11 domestic wells supplying the
trailer court shall have City standard
water meters installed by the City of
Bozeman at the Owners' expense.
13.
As part of the initial connection to the City's sewer, the Owners will
correct the 300 foot long bottleneck
in West Babcock Street, just west of
Yellowstone A venue in accordance
with the terms of condition number 3
. above. In addition, the Owners
will provide a financial guarantee at 150%
of the estimated cost of said improvement if sewer service is initiated
prior
to correcting the bottleneck.;
5. That an Occupancy Permit, issued
by the Chief Building Official certifying
that all applicable Uniform Building
and Fire Codes have been complied with,
be issued prior to occupancy of
the structures and that a copy of said
Occupancy Permit be provided to
the City-County Planning Office;
6. That, prior to connection to City
wastewater services, staff shall review the
provisions of the Agreement for
Extension of Sewer Service and Annexation
of Kountz Mobile Home Park, dated
August 7, 1995, this conditional use
permit application,
and the impact fee
policy to determine whether
wastewater impact fees will be
due and payable on any or all of the existing
and proposed units;
7. If occupancy of the structure or
commencement of the use is to occur prior
to the installation of the required
outdoor, non-building site improvements the
applicant shall enter into an Improvements
Agreement with the City to
guarantee the installation of the
required improvements. Said Improvements
Agreement shall include detailed
cost estimates and construction plans of the
improvement.
. The Improvements Agreement shall
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 months; however, all
secured site
improvements shall be completed
by the applicant within nine (9) months of
occupancy to avoid default on the
method of security;
8. That the right to a use and occupancy
permit shall be contingent upon the
fulfillment of all general and
special conditions imposed by the conditional use
permit procedure;
9. 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;
10. That all conditions specifically
stated under any conditional use listed in this
title shall apply and shall be
binding upon the owner of the land, successors
or assigns; and
11. That all of the special conditions
shall be consented to in writing by the
applicant.
. 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.
07-15-96
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Presentation of draft reDort DreDared bv Bozeman City Government Study Commissio(
Jennifer Smith Mitchell. Chair
Included in the Commissioners' packets was a copy of the tentative report from the
Bozeman City Government Study Commission, dated July 2, 1996.
. Ms. Jennifer Smith Mitchell, Chair of the Bozeman City Study Commission, introduced
the members of the Study Commission, which include Joanne Eaton, Carroll Henderson, Bob
Kern, Jeff Krauss and herself. She noted that in 1994, the voters chose to study Bozeman's
government and subsequently elected five citizen members to do so. She stated that the Study
Commission has reviewed the present form of the City government and has written and
published a tentative report with recommendations for a charter form of government.
She
emphasized that this report has been prepared, based on the input received during their
review
process. She indicated that the Study Commission members are present and ready to respond
to Questions from the Commission.
Mayor Stueck expressed concern about the 6-percent interest rate contained in Section
5.01.5, noting that this could negatively impact the City's ability to borrow monies or
sell
. bonds.
Mr. Jeff Krauss stated that section is to apply only to the internal borrowing of monies,
particularly from trust funds.
He noted its purpose is to ensure that if monies are borrowed
from a trust fund, an appropriate amount of interest is paid on that loan. He recognized
that
the interest rate for short-term investments is typically lower than it is for longer-term
investments into which trust fund monies may be placed. He assured the Commission that this
section is to be limited to that type of borrowing only, and will not impact the City's
capacity
to borrow or bond at a favorable interest rate.
Mayor Stueck asked that this section be revised to more accurately reflect the Study
Commission's intent. He also requested
that more flexibility be provided in setting of the
interest rate, possibly by simply stating that "interest will be paid".
. Responding to Questions from Commissioner Rudberg, Ms. Joanne Eaton confirmed that
if a Commissioner moves from within the district which he/she is representing, then he/she
must resign as a Commissioner.
Responding to additional Questions from Commissioner Rudberg, Ms. Jennifer Mitchell
stated that the Finance Committee is to be chaired by the Mayor, and some of the
07-15-96
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Commissioners may sit on the Committee as well.
She indicated that the purpose of l'
Committee is to get people other than Commissioners to participate in the budgeting proce~,
Commissioner Rudberg asked about the requirement under Section 2.10.7. that if
elected official runs for a different public office, he or she must resign.
The Study
. Commissioners explained that the elected official must resign only if the term of the new
public
office begins prior to term expiration of the existing office. Commissioner Rudberg suggested
that the wording be revised to read more smoothly.
Commissioner Stiff noted that, in looking at information prepared by former City Manager
Harold Fryslie, he found a statement that one of the real strengths of the current system
is that
the Mayor is always experienced, having served a minimum of two years as Commissioner.
The Commissioner recognized the merits of that statement, noting that under the proposed
system, an individual with no experience in City government could run for, and be elected
as,
Mayor.
Mr. Carroll Henderson replied that people responding to the surveys indicated an interest
in voting specifically for the Mayor.
He recognized the merits of having experience as a
. Commissioner before serving as Mayor, stating a willingness to consider any options which
might ensure such experience. He then suggested that if an individual who has served well
as
a Commissioner decides to run for Mayor, then he/she should have an advantage over someone
who has never served in a local elected position.
Mr. Bob Kern suggested that an experienced Commission would probably keep an
inexperienced Mayor in check.
Responding to Commissioner Rudberg, Mr. Jeff Krauss stated that the new charter
becomes effective immediately upon approval by the voters. He noted that the transition
plan
is then implemented and, under this proposed charter, the transition period would be completed
in January 2000. He observed that the State statutes are not clearly written and are difficult
to follow; however, he believes that the charter and its transition provisions, as written,
comply
. with statutory requirements.
Responding to Mayor Stueck, Mr. Krauss stated that under the provisions of Section
1.02, increases in existing fees in excess of 5 percent must be submitted to the electorate,
as
well as any new fees, charges or assessments implemented. He noted that under this section,
the Commission may establish a new fee and, depending on when it is implemented and when
07-15-96
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the next city general election occurs, the fee may be in place for up to two years prior to a
vote. If the new fee is not approved by the electorate, it must then be terminated at the end
of the fiscal year. He stressed that no refunding of the revenues generated
from that fee is
required. He stated that, under the proposed charter, the surcharge for sewer
which the
. Commission recently implemented would be considered a new fee.
Responding to Commissioner Frost, Mr. Krauss stated that the proposed charter is not
designed to tie the Commission's hands. He stated, rather, it
is designed to provide greater
flexibility for the City to generate the revenues necessary to operate while providing the voters
an opportunity for the public to determine whether the fees approved by the Commission will
remain in place for an extended period of time. He noted that this
provision is in direct
response to the public input received by the Study Commission, particularly from the survey.
He noted that this General Fund is exempt from these provisions.
Commissioner Frost noted, however, that the City must still operate under the limits of
1-105, which does impact the General Fund. He also expressed concern that the voters may
e vote against a fee, which might result in additional costs to the taxpayers, citing the failure of
the bond issue for the Montana Law Enforcement Academy as a recent example. He noted that
if the sewer surcharge were subject to a vote and the surcharge was not approved, the City
would have extreme difficulty in meeting its obligations.
Mr. Krauss suggested there are alternatives, such as court orders, which would override
a vote of the local electorate.
Commissioner Youngman noted that the two issues which have been approved on recent
ballots, the general obligation bonds for transportation projects and the mill levy for libraries,
were approved because of the concerted educational efforts.
She cautioned that these
educational campaigns and the costs of elections are significant, and asked if the voters were
supportive of voting on increased fees even if it meant additional expense to the community.
. Mr. Krauss indicated that the issue of costs was not raised in the survey.
He then
suggested that if a fee has been in place for a period of time and the results are readily evident,
the need for an educational process should be minimal.
Commissioner Frost noted that in the survey, 76 percent of the respondents were
opposed to an increase in the number of Commissioners, yet an increase is proposed.
07-15-96
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Ms. Joanne Eaton responded that, while 76 percent indicated in the survey
that they
were opposed to an increase in the number of Commissioners, 80 percent
of the comments
indicated an interest in more representation.
Mr. Bob Kern noted that interviews with the individual Commissioners revealed
that each
. Commissioner spends approximately 30 hours per week doing City business,
in addition to full-
time jobs. He further noted that the advisory boards and commissions have
forwarded their
desires to have more contact with the Commissioners, which would further
stretch their
workload and hours. He suggested that, by adding two Commissioners, the
workload could
be spread out among more people, thus reducing the demands on each individual.
Mr. Krauss noted that each of the three proposed districts will have more
people in it than
the entire community had in 1923, when there were three Commissioners.
He noted that even
when the Commission was expanded from three to five members, the demands
on each
Commissioner were not as great as they are today.
Ms. Joanne Eaton stated that the proposed districts are designed to allow
for continued
growth in the community and provide a form of government that will take
the community into
. the 21st century. She emphasized that, under the charter, the districts
would be reapportioned
after each census to ensure equal representation. She recognized that the
charter does not
provide a perfect solution, but the Study Commission feels it is a better
solution than the
current form of government. She then suggested that the charter would provide
for a more
efficient, more accessible, and more representative government than the
current commission-
manager form.
Commissioner Frost questioned whether increasing the number of Commissioners
would
actually decrease anyone's workload. He noted that each Commissioner must
prepare for each
Commission meeting and must attend all Commission meetings, and that is
a majority of the
workload. He then
recognized that campaigning within a district rather than in the entire
community would decrease the demands on an individual.
He suggested that the Study
.
Commission consider four districts, with one Commissioner from each, rather than the
proposed structure.
Mr. Jeff Krauss stated that the addition of two Commissioners would cost
approximately
$12,000 annually. He suggested that the increase in representation and
access to government
would be worth that small amount.
07-15-96
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Commissioner Frost then expressed concern about the additional duties proposed
for the
Mayor, noting that he has served under two Mayors who chose not to run
again because of
the additional demands and duties. He Questioned whether it will be possible
for a Mayor under
this proposed charter to work full-time while serving as Mayor.
. Ms. Jennifer Mitchell responded that the additional duties are designed
to increase the
leadership ability of the Mayor.
She noted that under the current form of government, an
individual does not specifically run for the position of Mayor, but obtains
it by receiving the
highest number of votes. She suggested that a person running for the position
of Mayor should
do so by personal choice, not incidentally. She characterized the additional
duties as minimal,
noting that allowing for greater leadership ability is the Study Commission's
intent.
Mayor Stueck noted that, when running for Commissioner, one does not really
fathom
what is expected of the Mayor.
He stated that it is not just the transition to Chair, but the
additional ceremonial items, such as ribbon cuttings.
Commissioner Frost observed that under the proposed charter, the Mayor
nominates
members to boards. He expressed concern that under that format, there is
less opportunity for
e the Commissioners to participate in the appointment process. except through not approving the
Mayor's nominations. He
stated that it takes a considerable amount of time to review the
applications submitted, and this process seems to place an undue burden
on the Mayor, unless
that individual is willing to accept advice from the Commissioners.
Ms. Jennifer Mitchell
stated this provision was added in
an effort to minimize
appointments which result in a conflict of interest.
Commissioner Youngman
noted that at
the present time, while
each of the
Commissioners may review all of the applications, typically they will concentrate
on the
applications for those boards in which they have the most interest.
She stated that this
process tends to decrease the burden on everyone while providing for a
maximum amount of
. information. She cautioned that shifting the entire burden to the Mayor may be inappropriate.
Mr. Bob Kern suggested this concern could be addressed by stating in the
charter that
the Mayor will "coordinate" nominations.
Commissioner Frost noted that when he became a Commissioner six years ago,
the idea
of having the City Attorney hired by the Commission was discussed.
He then expressed
07-15-96
- 19 ~
concern about the potential of having an elected City Attorney, as suggested in the survey
results.
Mr. Carroll Henderson stated that the Study Commission talked to a number of attorneys
about this issue, and those attorneys unanimously advised against having an elected City
. Attorney.
Commissioner Frost asked if the non-binding referendum on the City Manager is simply
to provide input to the Commissioners. He noted that at the present time, the Commissioners
gather a substantial amount of input because of the public talking to them on an individual
basis.
Responding to Mayor Stueck, City Attorney Luwe stated that under the proposed charter,
the City of Bozeman would remain his office's client. He noted that the shift would be in who
evaluates the City Attorney.
Responding to additional questions from Mayor Stueck, Ms. Jennifer Mitchell stated that
under the charter, the City Commission would be more aware of legal issues when they arise,
rather than learning about them in the newspaper. She suggested that under this new
. structure, it is possible some issues which current reach the court system would not.
Responding to Mr. Krauss, City Attorney Luwe stated he is not always aware when a
lawsuit is going to be filed. He noted that his office deals with disagreements and conflicts on
a constant basis, and he cannot always identify which of those will result in a lawsuit.
He
indicated that, since the media routinely review court documents and since lawsuits are not
always immediately served on the defendant, the potential will remain that a lawsuit may be
reported in the newspaper before the City is aware of it.
Mr. Bob Kern noted that this is the only city in Montana operating under the old
commission-manager form of government. He recognized that there may be problems with the
charter as it is proposed; however, he suggested that on the whole, it should allow for better
. operation of the government. He further noted that the charter will allow local control over
how the City operates, and it can be changed locally without requiring legislative changes in
Helena.
Commissioner Youngman raised questions about the statement under Section 2.21.2. (bl,
which states that agenda items requested by the Mayor or any two Commissioners shall take
precedence on the agenda. She asked that the Study Commissioners recognize there
are
07-15-96
.-.--.
- 20 -
statutory timeframes for certain types of process that must be met, and
it is not alwa-
possible to immediately add an item requested by a Commissioner to the
agenda.
Ms. Joanne Eaton responded that this provision was added to the charter
to ensure that
items requested by Commissioners are not placed last on the agenda and
then continued from
. week to week because of the lateness of the meeting.
She suggested that if an issue is
important enough to be added by the Mayor or two Commissioners, it is important
enough to
be discussed at the meeting agenda on which it first appears.
Commissioner Youngman noted that under Section 4.02, no member of a board
may
serve for more than seven years.
While she recognizes the benefit of this term limitation,
Commissioner Youngman stated she is concerned that there are times when
a board position
may remain vacant because there are no other applicants; and it would be
preferable to appoint
an incumbent who has served seven years to leaving the position open for
lack of an applicant.
She suggested that such flexibility be provided in the charter.
Commissioner Youngman then noted that all meetings of all advisory boards
are open to
the public. She asked that the Study Commission ensure the provisions of
Section 4.04 do not
. preclude those advisory boards from calling special meetings on short notice
when necessary.
Ms. Mitchell noted that in the Butte newspaper, there is an entire section
on government,
and all committee meetings are reported in that section.
Commissioner Rudberg stated that she has requested the Clerk of the Commission
to list
all upcoming committee meetings on the bottom of the weekly agenda, so
that any interested
parties may attend those meetings.
City Manager Wysocki stated that the last two City Judges have expressed
an interest
in establishing a municipal court rather than a city court, and suggested
that Section 3.30 be
amended to allow for either one.
City Attorney Luwe stated that when a city court decision is appealed to
District Court,
. a whole new trial is held. He noted, however, that when a municipal court
decision is appealed
to the District Court, the record of the trial is forwarded and the District Court decision is based
on that record. He then stated that the City of Billings, which is a charter
form of government
with self-government powers, is considering an amendment to its charter
to allow for a
municipal court, since the charter was originally written for a city court.
He suggested that,
with more flexible language, such an amendment would not be necessary.
07-15-96
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- 21 -
City Manager Wysocki suggested that Section 5.01.5 be revised to specify
that the
designated interest rate applies only to internal dedicated funds or trust
funds.
Responding to the City Manager, Ms. Jennifer Mitchell stated that the Study
Commission
will conduct a public hearing on this tentative report on Wednesday, July
17; and at the July
. 23 meeting, the Study Commission will complete the final revisions.
She recognized that
timing is important, since the ballot issue must be filed in the Clerk
and Recorder's Office by
August 1 for the November ballot.
Responding to Commissioner Frost, Mr. Krauss stated that filing for Commissioner
under
the proposed charter would be no different from the current process under
the present form
of government.
City Manager Wysocki suggested that Section 2.21.1.(b) be revised by deleting
the word
"within" prior to "five days". He noted that would clarify the time when
requests for agenda
items must be forwarded.
Commissioner Rudberg characterized the tentative report as good, constructive
criticism.
She recognized that the voters in the community requested this review,
and thanked the Study
. Commissioners for their willingness to volunteer for this duty.
She also recognized the
thousands of volunteer hours that have been devoted to this effort and
the struggles through
which the Study Commissioners arrived at consensus, as reflected in this
report.
Mayor Stueck thanked the Study Commission for the presentation of its report.
Staff reDort - annexation reauest for three Darcels totallinQ 16.438 acres
located along east side
of South Rouse Avenue. at Mason. Accola and Hoffman Streets extended (C&H
Enaineering
reDresenting William A. PhilliDS. G.K. Reiser and McRay Evans)
City Manager Wysocki reminded the Commission that he had requested this
item be
removed from the Consent Items at Commissioner Frost's request.
Commissioner Frost stated that, after the public hearings and decisions
on Sundance
. Springs, he made the statement that he cannot approve any more annexations
or developments
south of town and east of South Third Avenue until after the sewer main problems have been
add ressed.
He recognized that the wastewater facilities plan update is nearing completion;
however, he emphasized that until the problems identified have been mitigated,
he cannot
support annexations. He noted that, while the annexation itself may not
impact the system,
there comes with it an anticipation of development, which will impact the
system.
07-15-96
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- 22 -
Responding to Mayor Stueck, City Attorney Luwe stated that the Commission
is not
required to adopt the resolution of intent to annex the subject parcel;
however, that decision
would deprive the applicant of an opportunity for public hearing.
Mayor Stueck stated that, while he recognizes Commissioner Frost's concerns,
he feels
. the public hearing should be conducted to allow the applicants an opportunity
to forward their
proposal. He stated that annexation does not automatically allow for development,
citing the
Martel property in that same area as an example of where apartment development
has not been
allowed until a lift station is installed for the sewer line.
Commissioner Youngman stated she feels conducting a public hearing is appropriate,
although she recognizes the number of problems which have been identified
in the staff report.
She expressed her interest in obtaining additional data about the sewer
capacity in that area
before making a decision on this annexation request as well as any future
applications for zone
map amendments or development of the property. She recognized that the
information on the
sewer capacity might be available by the August 19 date proposed for the
public hearing, and
suggested that the date might be set later to provide a greater opportunity
for receiving that
. data.
Commissioner Rudberg noted that, even if the Commission conducts the public
hearing
on August 19, it does not need to make a decision at that time.
Mayor Stueck cautioned that since this property is not currently annexed,
the potential
of it developing with septic systems exists.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
that the
Commission aCknowledge receipt of the staff report for the annexation of
16.438 acres located
along the east side of South Rouse Avenue, at Mason Street, Accola Drive
and Hoffman Drive
extended, as requested by C&H Engineering, representing William A. Phillips,
G.K. Reiser and
McRay Evans. 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.
Commission Resolution No. 3129 - intent to annex three Darcels totalling
16.438 acres located
along east side of South Rouse Avenue. at Mason. Accola and Hoffman Streets
extended: set
Dublic hearing for August 19. 1996
Included in the Commissioners' packets was a copy of Commission Resolution
No. 3129,
07-15-96
- 23 -
as approved by the City Attorney, entitled:
COMMISSION
RESOLUTION NO. 3129
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 TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS
THEREOF.
City Manager Wysocki reminded the Commission that he had removed this item
from the
Consent Items at Commissioner Frost's request.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission adopt Commission Resolution No. 3129, stating the City's intent
to annex 16.438
acres located along east side of South Rouse Avenue, at Mason Street, Accola
Drive and
Hoffman Drive extended, and setting the public hearing for August 19, 1996.
The motion
carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg,
Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting
No being
e Commissioner Frost.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Staff reDort - annexation reauest for Tracts A and B. COS No. 1872. and
Tract 2,
COS No. 1846. located in the SW~. Section 10. T2S. R5E. MPM (135 acres
at northwest corner of Huffine Lane and Ferguson Road); Bozeman Athletic
Club West)
Commission Resolution No. 3128 - intent to annex Tracts A and B. COS No.
1872,
and Tract 2. COS No. 1846. located in the SW~. Section 10. T2S. R5E,
MPM (135 acres at northwest corner of Huffine Lane and Ferguson Road);
set public hearina for Auaust 19. 1996
COMMISSION
RESOLUTION NO. 3128
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 TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS
THEREOF.
Commission Resolution No. 3130 - levvina and assessina street maintenance
district for FY97; set public hearina for Auaust 5. 1996
07-15-96
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- 24 -
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.
Commission Resolution No. 3131 -Ievving and assessing tree maintenance district
for FY97: set public hearing for Auaust 5. 1996
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.
Authorize City Manaaer to sign - Amendment No. 2 to Professional Services
Aareement ~ Maxim Technoloaies. inc. (formerly Chen Northern. Inc.) -
hYdrogeological and enaineering consultina services at Landfill
Authorize Mayor to sign - Construction Agreement with Montana Department
of
Transportation - intersection improvements [Proiect No. STPHS 1299(3)1
e Authorize City Manager to sian - Annexation Aareement with Steve McGouah
-
two parcels totallina 7.967 acres in the S%. NE~. and N%. SW%. Section
11. T2S. R5E. MPM (Wheeler Mobile Home Park. 2715 West Babcock Street)
Commission Resolution No. 3132 - annexina two parcels totalling 7.967 acres
in
the S%. NE%. and N%. SW~. Section 11. T2S. R5E. MPM (Wheeler Mobile
Home Park. 2715 West Babcock Street)
COMMISSION RESOLUTION NO. 3132
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
TRACTS OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE
WHEELER ANNEXATION
(FORMERLY REFERRED TO AS THE
McGOUGH
ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED.
Application for Catering license for Special Event - The Baxter Hotel Corcoration
-
Class of '76 Reunion for Manhattan High. to be held at Rick's Place. 35
West
Kagy Boulevard. from 6:00 to 11 :00 p.m. on Saturday. JulY 20. 1996
Authorize City Manaaer to sign - Loan Aareement with REACH. Inc. - for
$50.000
. loan from CDBG Revolving Loan Fund for construction of replacement
residence for developmentallY disabled
Authorize City Manager to sian - Change Order NO.1 - West College Street
and
South 19th
Avenue Intersection Improvements .
Schedule II - Scott
Construction -add $700.00 and 4 calendar days
Authorize City Manaaer to sign - Sanitary Sewer and Water Pipeline and
Access
Easement
Agreement - with
Farmhouse Partners--Bozeman limited
Partnership - across Lots 2 and 3. Minor Subdivision No. 162 (Comstock
Apartments. corner of Ellis Street and Haggertv Lane)
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Authorize City Manaaer to sign - Construction and Maintenance Aareement
for
Griffin Drive Road Imorovements - for widenina of Griffin Drive
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
. Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
Recess - 5:27 o.m.
Mayor Stueck declared a recess at 5:27 p.m., to reconvene at 7:00 p.m.,
for the purpose
of conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 o.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the
. scheduled public hearings and completing the routine business items.
Public hearing - Commission Resolution No. 3125 - aoolication of AK SDecialties, Inc., for tax
reduction under Section 15-24-1401, et sea., M.C.A., and Commission Resolution No. 2660
This was the time and place set for the public hearing on Commission Resolution
No.
3125, as approved by the City Attorney, entitled:
COMMISSION
RESOLUTION NO. 3125
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON
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.
Mayor Stueck opened the public hearing.
. Mr. Tony Knick, one of the business owners, stated they have requested tax reductions
on two pieces of equipment which were recently acquired during expansion of the business.
He noted that specific information on each of the pieces of equipment, which include a vertical
machining center and a lathe, have been provided with the original application. He noted that
one of these pieces of equipment was purchased this year and the other piece is not being
acquired until next year.
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At Commissioner Frost's request, Mr. Knick described the vertical machining
centl
characterizing it as a milling machine for the machining of metal and plastic
parts. He stated
that it is computerized and is programmed to make the desired pieces.
Commissioner Youngman asked what benefits will be derived from the acquisition
of
. these machines and whether it will lead to employment of more people.
Mr. Knick responded that, with the acquisition of this equipment, it is
anticipated three
or four people may be added, expanding the business to 24 hours per day;
and there is a
potential that one person will be hired to do programming only.
Mrs. Dixie Swenson, Executive Director of Gallatin Development Corporation,
noted that
one of the issues to be considered when acting on a request for tax reduction
is whether the
expansion will result in bringing in business from outside the community.
She stated that, in
this instance, the acquisition of these two pieces of equipment is projected
to result in 3/4 of
the business revenues coming from outside the State.
Responding to questions from the Commission, City Attorney Luwe stated
that the
application is for a tax reduction on both the vertical machining center
and the lathe. He then
. indicated that if the Commission approves this application, staff will
bring back separate
resolutions for each of the machines since they are being acquired in two
different years.
No one was present to speak in opposition to the requested tax reduction
for new or
expanding businesses.
Mayor Stueck closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission approve the application for tax reduction, as submitted by AK
Specialties, Inc., and
authorize and direct staff to bring back the appropriate resolutions for
consideration and action.
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 hearina - Certificate of Accrocriateness with deviation from Section
18.50.060.
Bozeman Municical Code. to allow new aarage to encroach 7 feet into the
reauired 15-foot
corner side yard setback on Lots 1-4. Block 18. Cacitol Hill Addition -
Kraig and Megan Kemet.
402 West Cleveland Street (Z-9653)
This was the time and
place set for the public hearing on the Certificate of
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Appropriateness with deviation from Section 18.50.060 of the Bozeman Muni.
ipal Code
requested by Kraig and Megan Kempt, under Application No. Z-9653, to allow
a new gar2
to encroach 7 feet into the required 15-foot corner side yard setback on
Lots 1 through
Block 18, Capitol Hill Addition.
The subject site is more commonly located at 402 West
. Cleveland Street.
Included in the Commissioners' packets was a letter from Steven M. Coffee,
representing
the applicant, dated June 19, 1996, requesting that action on this application
be deferred until
later this summer.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
that the
Commission open and continue the public hearing on the Certificate of Appropriateness
with
deviation from Section 18.50.060 of the Bozeman Municipal Code as requested
by Kraig and
Megan Kempt, under Application No. Z-9653, to allow a new garage to encroach
7 feet into
the required 15-foot corner side yard setback on Lots 1 through 4, Block
18, Capitol Hill
Addition. 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.
Public hearing - Certificate of ADDroDriateness with deviations from Tables
18.65.050.B and
18.65.050.C. Bozeman MuniciDal Code. to exceed maximum total sign area
allowed and
maximum area allowed for a building wall sian on COS No. 655 - Marianne
and Steve
Liebmann. Langohr's Flowerland. 1100 South Tracy Avenue (Z-9639)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviations from Tables 18.65.050.B and 18.65.050.C
of the Bozeman
Municipal Code, as requested by Marianne and Steve Liebmann, under Application
No. Z-9639,
to exceed the maximum total sign area allowed and the maximum area allowed
for a building
wall sign on Certificate of Survey No. 655. The subject property is more
commonly known as
1100 South Tracy Avenue.
. Mayor Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that,
included in the
Commissioners' packets, were photographs of the Langohr's Flowerland at
1100 South Tracy
Avenue and the Langohr's Center at 102 South 19th Avenue.
He stated that, under this
Certificate of Appropriateness, the applicant proposes to improve the existing
Flowerland
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structure by replacing the existing asphalt shingles with a green standing seam metal roof,
replacing the existing siding with 8-inch white ColorLok siding, replacing the existing entry
canopy with a new entry facade, installing three new window units, and relocating the existing
wall sign to the southwest facade of the structure. He stated that, with all of these changes,
. the existing structure will look more like the new building on South 19th Avenue.
The Senior Planner stated that staff has reviewed this application in light of the criteria
for review of certificates of appropriateness and deviations, as set forth in the Bozeman
Municipal Code; and the staff's comprehensive findings are contained in the written staff
report, which was previously distributed to the Commission. He stated that the Design Review
Board conducted its review of this application and, at its June 25 meeting, the Board forwarded
its recommendation for approval, subject to five conditions.
He reviewed those conditions,
noting that four were forwarded by staff and one was added by the Board. He noted that the
condition added by the Design Review Board requires that the new siding be extended around
the southwest corner of the building, to the south side of the structure.
He stated the
applicants' argument is that the greenhouses on the south side of the structure provide a
. natural break in the exterior of the building, and they would prefer not to extend the new siding
around the corner.
Senior Planner Skelton stated that the improvements proposed under this application will
enhance the South Tracy Avenue streetscape along this property.
He noted that no public
testimony has been submitted in opposition to this application, while some testimony in support
of the overall project has been received. He stated that, while this property is not listed on any
historic inventories, it does have a significant historic background.
He noted that this
greenhouse has existed since 1898, and the residential area has grown up around it while
recognizing the commercial nature of this site.
Responding to Commissioner Frost, the Senior Planner stated that under the Design
. Review Board's recommended conditions, the new siding is to be extended around the
southwest corner of the building, along the south side of the building to the first greenhouse.
No one was present to speak in support of or in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve
the Certificate of Appropriateness
with deviations from
Tables
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18.65.050.B and 18.65.050.C of the Bozeman Municipal Code, as requested
by Marianne and
Steve liebmann, under Application No. Z-9639, to exceed the maximum total
sign area allowed
and the maximum area allowed for a building wall sign on Certificate of
Survey No. 655,
subject to the following conditions:
. 1 . That
the applicants be granted the deviation to the zoning ordinance for the
existing wall sign as long as it is not expanded,
modified or illuminated, and
that the applicants
install the proposed brick landscape planter at the base
of the sign
located at the southwest corner of the west building facade;
2. That
the applicants consider a color scheme that offers greater emphasis in
recognition
of the existing color palette of the remaining structure;
3. That
the applicants obtain a Certificate of Appropriateness from the Planning
Director prior
to proceeding with the project; and
4. That
the applicants obtain a building permit from the Building Inspection
Division with
one (1) year of final site plan approval, or this approval shall
become null
and void.
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.
.
ADDellate hearina - ADDeal of the DRC's Condition No. 23 for acproval of
minor site clan to
convert small masonry structure on Lots 16 and 17. Block D. Black's Addition.
from a
Drofessional office to a small bakery - Pete Stein for On the Rise (212
South Tracy Avenue)
(Z-9642)
This was the time and place set for the appellate hearing on the appeal
of the Design
Review Committee's Condition No. 23, requested for by Pete Stein for "On
the Rise", under
Application No. Z-9639, for approval of minor site plan to convert a small
masonry structure
on Lots 16 and 17 of Block D, Black's Addition, from a professional office
to a small bakery.
The subject property is more commonly known as 212 South Tracy Avenue.
Mayor Stueck opened the appellate hearing.
Assistant Planner Jody Olsen presented the staff report.
She stated that the subject
. property is zoned "B-3", Central Business, District. She indicated that this application was
reviewed by the Development Review Committee and the Design Review Board.
At the Design
Review Board meeting held on June 11, they approved the application with
some minor
alterations to staff's recommended conditions.
She stated that the Development Review
Committee reviewed the application at four meetings and, on June 18, voted
to approve the
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application, subject to 23 conditions. She stated that this appellate hearing
is being held on
Condition No. 23 of that approval, which reads:
"Egress from the site, other than through the alley, must be proposed.
Revised site
plans shall be submitted for review and possible approval by the City Engineer's
Office, the Street/Sanitation Superintendent, and the Director of Public
Service
. before final site plan is submitted. Egress from the rear garage, where
tenants of
the basement apartment will park, shall be allowed into the alley."
The Assistant Planner stated that the applicant has proposed a one-way
drive off South
Tracy Avenue, with six parking spaces being provided on the subject parcel,
and exiting onto
the alley. She noted there are two efficiency apartments in the basement
of the building which
exists on the property, and those apartments would remain under this application.
The tenants
of the apartments are to park in the garage and, under the conditions recommended
by the
Development Review Committee, would access the site from the alley.
Assistant Planner Olsen stated that at the last Development Review Committee,
both the
Director of Public Service and the Street/Sanitation Superintendent expressed
concern about
the proposed egress onto the public alley, and the fact that the capacity
of the alley is not
sufficient for the proposed use. She stated that the Street/Sanitation
Superintendent proposed
. that the applicant work with the adjacent property owner to determine if it would be possible
to install a driveway between the two lots, to access South Tracy Avenue
again. She noted
that one of the concerns expressed during the DRC review was the potential
that motorists
may choose to go through the parking lot across the alley and access South
Black Avenue.
The Assistant Planner stated that the applicant did explore the option
suggested as well as
other options, and found that none were viable or available.
Assistant Planner Jody Olsen stated that during review of this application,
the Planning
Office received three letters in opposition to the project and seven letters
in support. She then
reviewed the process for conducting an appellate hearing and the options
available to the
Commission at the conclusion of the hearing.
. Mr. Pete Stein, architect representing the applicant, stated that the zone code describes
alleys as public ways; and many of the parking lots in Bozeman access onto
alleys. He noted
that, since alleys are public ways, the zone code does allow them to be
used as primary
accesses, not just secondary accesses, to properties. He recognized that
this particular alley
is constricted; however, he stated that constriction is due to private
party encroachments into
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the alleyway. He asked that the condition under appeal be overturned, stating he does not feel
the decision on this appeal should be impacted by private encroachments into the public alley.
Ms. Jackie Swanson, 8601 Ricky Drive, stated that from a consumer's point
of view, she
is interested in seeing this proposed bakery open. She encouraged the Commission to overturn
. the condition, stating she feels it is appropriate to allow this business to develop on the subject
site.
Ms. Ginger Parsekian, Pray, stated the applicants are working diligently
to create a
successful business. She encouraged the Commission to carefully consider
and approve the
appeal.
Mr. John Wilson, owner of the subject property, stated that when he purchased
the
property, it was a rental property and not very well maintained. He noted that the applicants
have just purchased the property from him; however, if the proposed business does not
become a reality, he will get the property back, and it will once again become a residential
rental property. He recognized that when the property was a rental, there were problems with
both on- and off-street parking, loud music and parties. He cautioned that if this application
. is not successful, this property will remain in residential use even though it is zoned for
commercial use.
Ms. Kate Maxfield, 426 North Tracy Avenue, applicant, stated that many
people are
moving to Bozeman because of its character; and part of that character is created by small
businesses like this proposed bakery. She confirmed that she had pursued
alternatives to
exiting the site via the public alley, but none of the individuals were receptive to working with
them.
Ms. Maxfield stated that she measured the alley behind the subject property,
and it was
19 feet wide. She compared the width of this alley to the 11 feet available for driving through
the alley behind Owenhouse Hardware when vehicles are parked there. She
suggested that,
. based on a sense of fairness, she does not feel they should be denied use of the public alley
between South Tracy Avenue and South Black Avenue because of encroachments. She
emphasized that the proposed business will not generate a significant amount of traffic and,
therefore, will not negatively impact the alley.
Ms. Linda Tewalt, 217 South Tracy Avenue, expressed concern about the proposed
use
of the subject site. She characterized South Tracy Avenue as a substandard street that is not
07-15-96
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adequate for the additional traffic this proposed use will create. She stated that the proposed
on-site parking spaces will not be adequate to accommodate traffic coming to the site, and cars
will then park on the already crowded street. She also expressed concern about how deliveries
will be received, particularly if they park in the street and obstruct the flow of traffic.
She
. encouraged the Commissioners to remember that the intersections immediately north and south
of the subject property have the highest accident rates in the community.
Since there were no Commissioner objections, Mayor Stueck closed the appellate
hearing.
Responding to Mayor Stueck, Assistant Planner Olsen confirmed that one
of the
Development Review Committee's concerns was that traffic from this business might use
adjacent parking lots to access the street.
Commissioner Rudberg noted that one of the conditions of approval is that
no obstruction
of traffic will be allowed on South Tracy Avenue for loading or unloading of delivery vehicles.
Mayor Stueck questioned why vehicles are allowed to angle park in the alley
right-of-way,
particularly when the area is designed for parallel parking only.
. City Attorney Luwe stated that angle parking is a violation and should
be cited.
Mayor Stueck stated he feels it is unfair to not allow this applicant to use the alley
because there are existing encroachments into the alley right-of-way. He
noted the
Development Review Committee's decision seems to be based on ensuring that traffic does not
go through one parking lot, although it appears going through a different parking lot might be
acceptable. He concluded by stating his support of the appeal.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission uphold the appeal, as requested by Pete Stein for "On the Rise", by overturning
the Development Review Committee's Condition No. 23 of approval. 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.
ADDointment to Bozeman Beautification Advisory Board
ADDointments to Community Affordable Housing Advisory Board
Included in the Commissioners' packets was a memo from Clerk of the Commission
Sullivan, announcing that no applications have been received for the vacancies on these boards.
07-15-96
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ADDointment to Desion Review Board
Following a brief discussion, it was moved by Commissioner Frost, seconded
by
Commissioner Youngman, that the Commission appoint Rich Noonan as an architect member,
to replace John DeHaas, with a term to expire on June 30, 1997.
The motion carried by the
. following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner
Youngman, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner
Rudberg.
ADDointments to the Historic Preservation Advisorv Commission
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission reappoint Linda Bell as a professional member, Terri Sullivan as the Main Street
representative, and Anna Lee Purdy as an at-large member on the Historic Preservation
Advisory Commission, with two-year terms to expire on June 30, 1998.
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.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission appoint Margaret Caven Heisick to replace Alice Fryslie as an at-large member, and
appoint Judy Hammond to replace Duane Simon as a neighborhood representative on the
Historic Preservation Advisory Commission, with two~year terms to expire on June 30, 1998.
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.
Confirm aDDointments to City-County Planning Board (sDecific categories of aDDointments)
. Included in the Commissioners' packets was a memo from Clerk of the Commission
Sullivan, dated July 11, 1996, asking for confirmation of the appointments to the City-County
Planning Board.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission confirm the City's appointments to the City-County Planning Board, as follows:
07-15~96
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-
Name
Position Expiration date
Clark Babcock Official
December 31, 1997
James Devitt Citizen
December 31, 1996
Richard McConnen Official
June 30, 1998
William G. Mitchell By-laws
December 31, 1996
Sandra Lee Smiley Citizen
June 30, 1998
. 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.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1 ) Copy of a letter from the Engineering Department to property owners in
the vicinity
of the Emily Dickinson School, notifying them of a new "no parking" zone.
(2) Copy of a memo from City Engineer Craig Brawner to the City Manager, dated
July
8, responding to comments recently forwarded in a public hearing regarding staff.
. (3) A late submittal regarding the Cafe Internationale application for a beer and wine
license.
(4) Copy of a map showing the area serviced by the Rae Sewer District.
The City Manager stated that, given the extended distance of this area from any
developments identified to be served by City sewer, he intends to direct staff to notify the Rae
Sewer District that it is unable to connect to City sewer services at this time.
(5) Notices of special meetings to be held at 4:00 p.m. on Tuesday, July 16,
and at
7:00 p.m. on Thursday, July 18, for continued review of the City Manager's recommendations
for the budget.
(6) Copy of the class schedule for Career Transitions for the period August
5 through
. September 4, 1996.
(7) Memo from Assistant City Manager Brey, dated July 15, forwarding a complaint
about the MSU residential parking district.
(8) Copy of the letter from the Bozeman City Government Study Commission to
Mayor
Stueck, dated June 25, regarding the budgeting of monies for the November election.
07-15-96
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(9) Agenda
for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, July 16, in the Commission Room.
(10)
Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, July 16, in the Commission Room.
. (11 )
Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
July 16, at the Courthouse.
(12)
The City Manager submitted his weekly report, as follows. (1) Stated that last
week, there were ten hearings before the Water Court regarding water rights,
at which the
City's objections were forwarded by Director of Public Service Forbes.
(2) Announced that
many of the telephones in the City Hall switch have been out today because
of a bad card. (3)
Reminded the Commissioners of the Interagency Breakfast scheduled for 7:00
a.m. on
Wednesday, July 17, at Bridger Bar-B-Q.
(4) Met with representatives from the Humane
Society regarding their current operation and their interest in finding
more acreage for a larger
facility. (5) Attended the Parking Commission meeting on Thursday morning,
at which one of
the issues under discussion was a progressive fine schedule for parking
tickets. (6) Attended
. the ribbon cutting ceremonies for the multi-family portion of the Human Resource Development
Council's affordable housing project at the intersection of North 24th
Avenue and West
Babcock Street.
(13)
Commissioner Rudberg submitted the following. (1) Attended the Development
Review Committee meeting and Design Review Board meeting on Tuesday.
(2) Met with
representative from Montana People's Action on Friday. (3) On Friday, spent
a portion of the
day with Assistant Planner Christopher Williams and Zone Code Enforcement
Officer Roy Beall,
visiting with businesses which have illegal signs. She noted that the list
of 117 illegal, non-
conforming signs has been drastically reduced. (4) Attended the ribbon
cutting ceremonies for
the HRDC multi-family housing project.
. (14) Commissioner Stiff submitted the following. (1) Attended the meetings of the two
boards at the Senior Center this morning. (2) Asked if the issue of parking
along South 11th
Avenue is to be placed on an upcoming agenda for discussion; the City Manager
responded
that it will be. (3) Received a complaint from Mr. Joe McKay, 401 South
Third Avenue, that
the trees along West Koch Street adjacent to his property have not been
trimmed; and one of
them is beginning to damage his roof.
07-15-96
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(15) City Attorney Luwe stated that approximately four years ago, he considered
forwarding an ordinance regarding hate crimes to the Commission, but did not do so because
no problem seemed to exist. He noted that over the July 4 week, an incident of hate crime did
surface; and he will monitor the situation to determine whether adoption of such an ordinance
. should be considered.
( 16) Clerk of the Commission Sullivan reported that the bad card in the
telephone switch
was replaced after the end of today's business day, and the system seems to be working.
(17) Mayor Stueck submitted the following.
(1) Reminded the Commissioners of the
ribbon cutting at the newly remodeled and expanded Bon Marcha, which is scheduled for 9:30
a.m. on Saturday, July 20. (2) Attended the ribbon cutting ceremonies
at the HRDC multi-
family units on Friday afternoon.
Adiournment - 8: 1 0 p.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.
LO~t/J~
DON E. STUECK, Mayor
ATTEST:
r;~ of k~
ROBIN L. SULLIVAN
Clerk of the Commission
.
07-15-96