HomeMy WebLinkAbout1996-03-04 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,
MONTANA
March
4, 1996
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The Commission of the City of Bozeman met in regular session in the Commission
e Room, Municipal Building, March 4, 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.
The
Mayor requested that during the moment of silence, the Commissioners remember
Francis
Hancock, a City employee who died this past week, as well as George Hubbard,
a well-known
businessman and philanthropist, who also died this past week.
Mayor Stueck asked if any of the Commissioners wished to remove any of
the
Consent Items for discussion. The City Manager requested that the mid-year
budget review
be removed for discussion.
. Minutes - Februarv 20 and Februarv 26. 1996
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
minutes of the meetings of February 20 and February 26, 1996, be approved
as amended. The
motion carried by the following Aye and No vote:
those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman
and Mayor
Stueck; those voting No, none.
Mayor Stueck deferred action on the minutes of the meetings of November
20 and
December 4, 1995, to a later date.
Staff recommendation for selection of alternative for installation of traffic
sianal at intersection
of Highland Boulevard and East Main Street
. City Manager Wysocki noted that, included in the Commissioners' packets,
was a
memo from Project Engineer John Pavsek, dated February 29, in which he
had forwarded
additional information on the proposed intersection improvements.
Project Engineer Pavsek reviewed the contents of his memo, stating that
staff has
reviewed the projects in light of the Commissioners' comments and public
comments made at
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last week's meeting.
He reminded the Commission that northbound traffic on Highland
Boulevard encounters a significant waiting period; and the signalization
of this intersection
should dramatically reduce that wait.
He stated that, based on the input received at last
week's meeting, staff and the consultant have discussed the design, and
are now forwarding
e a recommendation that the traffic signal be installed with no raised medians
on East Main
Street. He further forwarded the recommendation
that the existing raised median west of
Haggerty Lane be removed.
Responding
to Commissioner Rudberg, Project Engineer Pavsek stated he was
unaware of the speed study recently conducted by the Montana Department
of Transportation
and the results of that study.
He noted that the City has until March 29 to respond to the
study; and staff will do so, asking that the installation of this traffic
signal be taken into
consideration when the final speed limits are set.
Commissioner
Rudberg stressed the importance of ensuring that the alignment of the
northward extension of Highland Boulevard is identified prior to installation
of the traffic signals.
She noted that if the alignment of the roadway is then changed prior to
construction, the
. developer must bear the costs of relocating the traffic signal, rather
than the taxpayers being
asked to bear those costs.
The Project
Engineer responded that he will notify the developer of the City's interest
in identifying the alignment of the Highland Boulevard extension prior
to the preparation of
preliminary plans and specifications for the project.
It was
moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the installation of a traffic signal at the intersection
of Highland Boulevard
and East Main Street, with no raised medians to be constructed and the
existing raised median
immediately west of Haggerty Lane to be removed. The motion carried by
the following Aye
and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
.
Staff recommendation for selection of alternative for installation of traffic
sianal at intersection
of West Mendenhall Street and North Willson Avenue
Project
Engineer Pavsek stated that he met with representatives of the Coalition of
Montanans Concerned with Disabilities, per the discussion at last week's
Commission meeting.
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He forwarded the Coalition's support for the installation of curb bulbs
along both the north and
south sides of West Mendenhall Street. He indicated that the bulbs are
to be six feet long, or
less than the width of the parking lane, which is approximately nine feet.
He noted that these
bulbs will allow for better sight distance for both pedestrians and motorists,
and allow for the
e installation of ADA compliant ramps, thus reducing the abruptness of the
angle between the
ramp and the pavement cross section. He stated that,
because of the crown that can be
created by numerous overlays, the retrofitting of existing intersections
can lead to a ramp that
is difficult to negotiate because of conflicting angles, in which the front
wheels of a wheelchair
are often caught.
Responding to Commissioner Rudberg, the Project Engineer indicated that
parking will
be restricted near the intersection, to ensure adequate visibility.
Responding to Mayor Stueck, the Project Engineer stated there are several
levels of
retrofitting that meet ADA requirements. He noted that the most preferable
retrofit includes
perpendicular ramps, which line up with the intersection; and the least
preferable are the
diagonal ramps that are found at most of Bozeman's intersections at the
present time.
. Mrs. Shirley Sedivy, Coalition of Montanans Concerned with Disabilities,
stated it is
the Coalition's desire to see curb bulbs not just at spotty intersections
around the community,
but throughout the downtown area. She emphasized her own personal support
for the curb
bulbs, encouraging the Commission to approve the project as forwarded by
staff.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission approve the installation of a traffic signal at the intersection
of West
Mendenhall Street and North Willson Avenue, with curb bulbs on both the
north and south
sides of West Mendenhall Street. 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.
. Staff recommendation for selection of alternative for installation of traffic sianal at intersection
of West Tamarack Street and North 7th Avenue
Project Engineer Pavsek reminded the Commission that signalization of this
intersection includes the interconnect with traffic signals at Durston
Road and West Oak Street,
to ensure that the signals are timed appropriately. He reminded the Commission
that under the
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alternative forwarded by the consultant and staff, the entrance to U-Haul
which is located
immediately across North 7th Avenue from West Tamarack Street is to be
closed, creating a
"T" intersection. Also, the westernmost entrance into Van's IGA is to be
closed; and the radius
at the southeast corner of the intersection is to be increased. He noted
that the consultant is
. reviewing Mr. VanderJagt's request for a wider approach near the building,
in light of the
proposed closure; and he indicated that by providing a 35-foot-wide entrance into the parking
lot, which will meet City design standards and policies, the requested
three-lane entrance
design can be accommodated.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
that
the Commission approve the installation of the traffic signal at the intersection
of West
Tamarack Street and North 7th Avenue, including the curb cut closures and
improvement to
the turning radius, as noted above. 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.
. Commission Resolution No. 3105 - establishina rules of Drocedure for conduct
of City
Commission meetings
Included in the Commissioners' packets was a copy of Commission Resolution
No.
3105, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3105
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING THE RULES OF PROCEDURE FOR CONDUCT OF
CITY COMMISSION BUSINESS.
City Manager Wysocki and Mayor Stueck reviewed the revisions which have
been
included in the revised rules of procedure, as a result of last week's
agenda meeting.
Responding to Commissioner Rudberg, the City Manager stated that the format
for
work sessions and agenda meetings, as set forth in Section III on Page
2, is simply putting into
. writing the format established by the Commission when the new meeting structure was
adopted. He assured her that the public still has an adequate opportunity
to be heard prior to
any Commission decisions.
Further responding to Commissioner Rudberg, City Attorney Luwe stated that
the
Commission may determine whether it will accept public input during a work
session either
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when the agenda for the work session is set or at the beginning of the
work session. He
reminded the Commission that even if public input is accepted during a
work session, if formal
Commission action is required during a regular session, a provision must
be made for public
input at that time also.
. Commissioner Rudberg noted that when public input is received during a
Commission
meeting, all five Commissioners hear the same thing.
She noted this is preferable to one
Commissioner receiving a telephone call and then trying to relay that information
to the other
Commissioners.
Commissioner Youngman noted that in No.4 of Section III, reference is made
to
"public comment" and in No.5, reference is made to "public input". She
suggested that for
consistency, only one term should be used in both places.
City Attorney Luwe concurred with Commissioner Youngman's comments and
suggested that the language in No.5 be revised to read "Public comment..."
Commissioner Rudberg noted that on Page 5, Section XI requires that all
corrections
to the minutes are to be made through the Mayor, rather than directly to
the Clerk.
. The City Attorney suggested that the language be amended to state that
"Prior to
approval, any Commissioner may, through the Mayor or the Clerk, request..."
Commissioner Rudberg suggested that under Section XIV on Page 8, the new
No.3
seems to say the same thing as No.1 and should, therefore, be eliminated.
City Attorney Luwe reminded the Commission that Commissioner Frost had
requested
this language be added to the rules of procedure, to specifically state
that Commissioners will
not argue heatedly with a member of the public who is testifying. He recognized
the difference
between the two statements and forwarded options for changing some of the
language in No.
1 and deleting No.3, adding the statement in No.3 at the end of No.1, or
leaving the sections
as written.
Following discussion, the Commissioners concurred it would be best to leave
the
. section as written.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission adopt Commission Resolution No. 3105, as revised per the above
discussion,
establishing the rules of procedure for conduct of City Commission business.
The motion
carried by the following Aye and No vote:
those voting Aye being Commissioner Rudberg,
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Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those
voting No, none.
Acknowledae receiot of mid-year budget review. as forwarded by Administrative
Services
Director Gamradt in memo dated February 27. 1996: authorize Mayor to sign
attendant budget
. amendments
City Manager Wysocki reminded the Commission that this item had been removed
from the Consent Items for discussion.
Administrative Services Director Gamradt responded to several questions
from
Commissioner Rudberg.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission acknowledge receipt of the mid-year budget review, as forwarded
by the
Administrative Services Director; and authorize and direct the Mayor to
sign the attendant
budget amendments. 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.
.
Aooointment to Audit Committee
Aooointments to Beautification Advisorv Board
There were no applicants for either of these advisory bodies.
Aooointment to Bozeman Area Bicvcle Advisorv Board
Aooointments to CDBG Economic Develooment Loan Review Committee
Aooointment to Historic Preservation Advisorv Commission
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission appoint John B. Gallagher II to replace Bob Allen on the
Bozeman Area Bicycle
Advisory Board, with a term to expire on December 31, 1996; appoint Gary
Sisson to replace
Mike Acuff as a lending institution representative on the Community Development
Block Grant
Economic Development Loan Review Committee, with a term to expire on June
30, 1997; and
. appoint Terri J. Sullivan to fill the vacant position of Main Street representative on the Historic
Preservation Advisory Commission, with a term to expire on June 30, 1996.
The motion
carried by the following Aye and No vote:
those voting Aye being Commissioner Frost,
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Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those
voting No, none.
ApDointment to Cemetery Board
. It was moved by Commissioner Stiff, seconded by Commissioner Youngman,
that the
Commission appoint Robert Evans to replace Alice Bradford on the Cemetery Board, with a term
to expire on December 31, 1996. The motion carried by the following Aye
and No vote: those
voting Aye being Commissioner Stiff,
Commissioner Youngman, Commissioner Frost,
Commissioner Rudberg and Mayor Stueck; those voting No, none.
ADDointment to City-County Planning Board
Following the nomination process, it was moved by Commissioner Frost, seconded
by Commissioner Youngman, that the Commission appoint Richard J. McConnen
to replace
Michael Vincent on the City-County Planning Board, with a term to expire
on June 30, 1996.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
. Frost, Commissioner Youngman and Commissioner Stiff; those voting No being
Commissioner
Rudberg and Mayor Stueck.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 )
Summary ofthe goals for Fiscal Year 1996-1997, which the Commissioners
established at last week's meeting.
(2) letter
from Mr. Dick Schwaller, 1426 Cherry Drive, dated February 27,
thanking the Planning staff for assistance in obtaining the preliminary
plat for his minor
subdivision.
. (3) letter
from Mr. Steve Williamson, dated February 28, to Project Engineer
John Pavsek, regarding the proposed intersection improvements at Highland
Boulevard and East
Main Street.
(4) Notice
from the Recreation Department, dated February 27, that Clean Up
Bozeman is scheduled for Saturday, April 27, and asking the Commissioners
if they wish to
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clean up around City Hall again this year.
The Commissioners
concurred that they would.
(5)
Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, March 5, in the Commission Room.
. (6)
Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, March 5, in the Commission Room.
(7)
Notice that there will be no pUblic meeting of the County Commission this
week.
(8)
Letter from Barbara Black, 1418 Cherry Drive, dated February 26, expressing
concern about allowing illegal apartments, possibly under the guise of
a "granny apartment",
in a single-family residential area.
(9)
Letter from Caren Couch, HRDC, dated February 29, announcing a vacancy
on the Community Affordable Housing Advisory Board, for a low-income person.
(10)
The City Manager submitted his weekly report, as follows. (1) Announced
that Fire Marshal Chuck Winn is serving as Interim Chief BUilding Official
until a permanent
. appointment has been made.
(2) Announced that the Street Division removed snow from
Mendenhall Street and Babcock Street at the same time as the State Department
of
Transportation removed the snow from Main Street last week. (3) Announced
that some lead
joints in the Lyman Creek transmission line were replaced last week.
(4) Announced that
repairs were made to the Burrup lift station, which is located in the sewer
main. (5) Announced
that bids will be opened for the Highland Boulevard project tomorrow. (6)
Attended the MMIA
retreat and annual meeting last week, where the rates and coverages were
reviewed, potential
coverages were discussed and actuarial reports were reviewed in preparation
of setting rates
for the upcoming fiscal year.
(7) Attended the Leap of Faith meeting on Thursday evening.
(8) Attended the Gallatin Development Corporation's annual meeting last
week.
(11 )
The City Manager reviewed the topics for next week's work session, noting
. that they include a meeting with the Cemetery Board, a discussion of policies pertaining to
boards, a discussion about dogs, and a request for permission to address
the Commission about
adoption of ordinances pertaining to decency and obscenity.
The City
Manager stated that he has requested, and received, copies of the proposed
ordinances they wish to see adopted; and he has forwarded those items to
the City Attorney
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for review. He then asked the Commission if they wish to entertain this
presentation at next
week's meeting, as requested, understanding that the City Attorney will
not have an
opportunity to review the information prior to that meeting, or if they
wish to defer any
presentation until after the City Attorney has completed his review.
. City Attorney Luwe advised the Commissioners that they could hear the presentation
without any legal review of the material or wait for a legal review prior to hearing the
presentation. He cautioned that it could take him up to two months to conduct
a legal review
of the information received, since it will entail a substantial amount
of legal research into recent
court cases throughout the nation.
Mayor Stueck stated he is uncomfortable with receiving a presentation prior
to the
legal research being completed; a majority of the Commissioners stated
concurrence.
The City Attorney stated that once he has completed his legal review of
the
information received, he will meet with the City Manager and Mayor to determine
when the
presentation is to be made to the Commission.
The City Manager noted that staff wishes to provide an update on the implementation
. of impact fees before the March 23 implementation date.
He indicated that, depending on
when the staff has completed its work, the update will be made at either
the March 11 work
session or the March 18 regular meeting.
( 12)
Commissioner Frost stated that he attended the Leap of Faith meeting on
Thursday evening, characterizing it as well attended, productive and positive.
( 13)
Commissioner Frost noted that all of the Commissioners have received
copies of a memo of response from City Attorney Luwe. He noted that his
question was how
many times has the City been sued over land use policy, and how many cases
have been lost.
He noted that the facts contained in the memo substantiate his comments
at last week's
meeting that the City has a good record.
At Commissioner Frost's request, the City Attorney reviewed the Mitchell
case. He
. noted that there were five counts in that case, four of which were dismissed and one of which
was remanded back to the City Commission on a procedural issue.
He noted that the
Commission went through the process once again, and subsequently eliminated
the one
condition which was being contested.
Responding to Commissioner Frost, the City Attorney cautioned that the
code must
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be definite and specific enough to be understood.
Responding to Mayor Stueck, the City Attorney stated he has no estimate
of costs
involved in the lawsuits which have been filed.
Commissioner Frost cautioned that government gets sued; and it is not always
. legitimate. He stressed the importance of ensuring that the codes are well
written and specific
enough to be understood, to avoid unnecessary problems as a result of those suits.
(14)
Commissioner Youngman submitted the following. (1) Attended the library
Board of Trustees meeting. (2) Attended the Community Affordable Housing
Advisory Board
meeting. She noted that the board is interested in establishing a policy
pertaining to absences,
even if the Commission doesn't, because it recognizes the importance of
having as many
members present at its meetings as possible.
(3) Attended the Gallatin Development
Corporation's annual meeting. (4) Attended the Leap of Faith meeting on
Thursday evening,
which was a delightful experience.
( 15)
Commissioner Rudberg submitted the following. (1) Attended the welfare
reform meeting last week, noting that she will be serving on one of the
sub-committees. (2)
. Attended the Development Review Committee meeting. She noted that the Planning
Director
is considering ways to shorten the time staff spends in this process; and
she encouraged the
Commission to ensure that it is not changed because this is such an important
first step in the
process. (3) Attended the Design Review Board meeting last week. She indicated
that she is
scheduled to appear before the Board on March 12, at which time she plans
to discuss with
them the role of the Commissioner liaison. (4) Attended the Victim/Witness
Project meeting.
(5) Attended the focus group (Leap of Faith) meeting.
(6) Stated she is serving on the
committee to review proposals for handheld ticket writers. (7) Asked about
the status of the
list of illegal signs, for which permits have never been issued. She noted
that the Commission
was to receive an up-to-date list in early February, but it has not been
received to date.
( 16)
Commissioner Stiff submitted the following. (1) Attended many of the
. meetings referenced by the previous Commissioners. (2) Attended the monthly Board meeting
at the Senior Center. He stated that the Seniors have raised $38,572 to
date for the expansion
of the Senior Center to accommodate the senior day care facility. He noted
that their recent
fund raising dinner also raised $1,500. He also indicated that the final
details with the architect
have been resolved; and that process is now moving forward.
He stated that a carload of
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people will be visiting the center in Sheridan, Wyoming, in the near future.
(2) Asked if all of
the Commissioners have a copy of the publication from the Montana Department
of Commerce
entitled Affordable Housing in Montana, which was published in February
1995. He indicated
that this book has valuable information on ways of promoting affordable
housing in a
. community, including the use of zero lot lines. He stated that he has a
very limited supply of
the books, but is willing to share them with other Commissioners. (3) Noted that he and Mayor
Stueck have begun to approach some of the landowners adjacent to the community,
to discuss
their plans for the future of their properties. He indicated that, to date,
those discussions have
been productive and well-accepted.
He cautioned that it is important to remember no
solicitation for donation of property is being made; however, he also recognized
that the City
will probably not turn down any offer for donation of property for parks
or open space.
( 17)
City Attorney Luwe submitted the following. (1) Stated that, as a member
of the Claims Committee for MMIA, he attended the annual retreat last week.
(2) Noted that
the discussion with the Cemetery Board next week will help him identify
how to best address
their concerns.
He noted that the issue of dogs could possibly be resolved through
. enforcement of the existing animal control ordinance or a minor revision
to the ordinance
pertaining to operation of the cemetery, or it could require inclusion
in the comprehensive
rewrite of the animal control ordinance.
( 18)
Mayor Stueck submitted the following. (1) Attended
many of the same
meetings as the other Commissioners. He expressed his surprise at the number
of people who
attended the Leap of Faith meeting, and the productivity of that meeting.
He then noted that
three more meetings of the focus groups have been scheduled, with the next
one to be held
at MSU.
(2) Spoke at the SCORE luncheon meeting today.
( 19)
Mayor Stueck announced that under the Consent Items, he will be abstaining
from voting on Item "c" because of a potential conflict of interest, since
his son works for the
contractor seeking the extension.
He also announced that Commissioner Youngman will be
. abstaining from voting on Item "a" because the individual seeking the tax reduction is also the
editor of the magazine with which she is employed.
(20)
Mr. David Smith, Executive Director of the Bozeman Area Chamber of
Commerce, submitted the following. (1) Stated his appreciation for the
Commission's interest
in the Leap of Faith program.
(2) Announced that the grand opening of the new Applebee's
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restaurant will be from 5:30 p.m. to 8:30 p.m. this evening, and invited
the Commissioners to
attend. (3) Announced that a grand opening of the new Mergenthaler facility
is to be held in
the near future; and he will notify the Commissioners of the date as soon
as it is set. (4)
Responding to Mayor Stueck, he indicated that the Legislative Committee
will be the agency
. that organizes efforts to develop legislation for alternative sources of
revenue for local
governments to address their
infrastructure needs.
(5) Encouraged any interested
Commissioners to attend the Chamber's Board meetings and participate in
their planning
process. (6) Announced that the Chamber of Commerce has developed a home
page and is
now on the Internet. (7) Asked that he be given an opportunity to meet
with the Commission
in the near future to discuss the North 19th Avenue visitors' center, including
the City's
expectations and what would be deemed not acceptable for that site.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items,
Commission Resolut
ion No. 3106
- establishina public hearina on
. aDDlication
from Color World of Montana for tax reduction for
eXDandina business for Ami! 1. 1996
COMMISSION RESOLUTION NO. 3106
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA,
ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC
COMMENT ON THE APPLICATION OF COLOR WORLD OF MONTANA FOR
TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ, MONTANA
CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION
NO. 2660.
Commission Resolution No. 3107 - intent to establish 42-Dercent surcharae
in Wastewater
Fund: set Dublic hearing for ADril 15. 1996
COMMISSION RESOLUTION NO. 3107
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED
FORTY-TWO PERCENT (42.0%) SURCHARGE IN THE WASTEWATER
(SEWER)
RATE CHARGED TO
CUSTOMERS OF THE
MUNICIPAL
WASTEWATER (SEWER) SYSTEM.
. Reauest for one-year extension of Dreliminarv Dlat aDDroval for Bridaer
Peaks Townhouse Subdivision. Phase III -
Ken and Jane Walker -
to March
15. 1997
Authorize City Manager to sian - Revised Sanitary Sewer and Water PiDeline
and Access
Easement Agreement - Ken LeClair. President. Bridaer
Creek
Condominiums. Inc. - 30-foot-wide easement across Lot
12. Bridger
Creek Subdivision. Phase I
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Authorize City Manaaer to sign - Pipeline Right-ot-Way Easement with
Montana Power COmDany - 15-toot-wide easement crossin a alley
in Block E. Oriainal Townsite (at southwest corner of Carneaie
Building site)
Authorize City Manager to sign - Pi Deline Right-ot-Way Easement with
Montana Power ComDany - 15-foot-wide easement crossin a alley
in Block I. Butte-Bozeman Addition (alley between South Tracy
.
Avenue and South Black Avenue aDDroximately 150 teet south of
West Colleae Street)
ADDlication tor Liauor License - Bozeman ADple.lnc.. dba ADDlebee's. 1108
North 7th Avenue - Calendar Year 1996: apDroval continaent
UDon receiDt of aDDroval from the State DeDartment ot Revenue
Liauor Division
Authorize
City Manaaer to sian
- Change Order No. 3
- Blower
ReDlacement Proiect at WWTP - Williams Plumbing and Heatina -
add $300.00 and 0 calendar days
Authorize
City Manaaer to sian - Change
Order No. 4 -
Blower
Replacement Proiect at WWTP - Williams Plumbina and Heatina -
add $2.194.75 and 0 calendar days
Reauest tor permission to conduct Walk America for March ot Dimes -
Saturday.
ADril27. beginning at 9:00 a.m. - beainning and end in a
at Boaert
Park: apDroval limited to use ot sidewalks. walkwavs
and off
road Daths
. ProDosed Droclamations to Ruaby Football Clubs in Ireland invitina them
to
reciDrocate Bozeman's visit
Authorize absence ot Commissioner Stiff from meetina of March 11. 1996,
in comDliance
with Section 7-3-4322(21. M.C.A.
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
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 Youngman, except for Commission
Resolution No.
3106, on which she abstained; Commissioner Rudberg; Commissioner Stiff;
Commissioner
Frost; and Mayor Stueck, except tor the requested extension of the preliminary
plat for Bridger
Peaks Townhouse Subdivision, on which he abstained; those voting No, none.
Commissioner
Youngman abstained from voting on Commission Resolution No. 3106 because
one of the
. owners of Color World is the editor of the magazine for which she works; and Mayor Stueck
abstained from voting on the request for one-year extension of the the
preliminary plat approval
for Bridger Peaks Townhouse Subdivision, Phase III, because the developer
of the project is his
son's employer.
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Recess - 4: 19 p.m.
Mayor Stueck declared a recess at 4: 19 p.m., to reconvene at 7:00 p.m.,
for the
purpose of conducting the scheduled public hearings.
. Reconvene - 7:00 p.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
Public hearing - COA with deviations from Sections 18.24.030 and 18.24.050
of the Bozeman
Municipal Code to allow 820-sauare-foot addition to existing house which
is located on a 45-
foot-wide lot. and to allow addition to encroach 3 feet into the reauired
8-foot side yard
setback - lot 1 and north 9 feet of lot 4. Block 8. Beall's Addition -
William and Nancy Nee.
323 North Grand Avenue
(Z-9606)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness, with deviations from Sections 18.24.030 and 18.24.050
of the Bozeman
Municipal Code, as requested by William and Nancy Nee, under Application
No. Z-9606, to
allow construction of an 820-square~foot addition to an existing house,
which is located on a
. 45-foot-wide lot, and to allow the addition to encroach 3 feet into the required 8-foot side yard
setback on Lot 1 and the north 9 feet of Lot 4, Block 8, Beall's Addition.
The subject property
is more commonly located at 323 North Grand Avenue.
Mayor Stueck opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report.
He stated that
under this application, an 820-square-foot addition is to be constructed
on the house at the
southwest corner of the intersection of North Grand Avenue and West Villard
Street. Also, a
460-square-foot second story addition is to be included in the project.
The Historic Preservation Planner stated that staff has reviewed this application
and
determined it is a very good project that will substantially enhance the
character of the property
as well as the neighborhood. He reviewed the deviations which are being
sought in conjunction
. with the Certificate of Appropriateness. The first deviation is from Section 18.24.030 of the
Bozeman Municipal Code. The subject lot is 45 feet wide, and the Code requires
that a lot be
a minimum of 50 feet wide. The second deviation is from Section 18.24.050
of the Bozeman
Municipal Code. Under this section, an 8-foot side yard setback is required.
The applicant is
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proposing to encroach 3 feet into that required 8-foot setback, which is actually an extension
of the existing building line.
Historic Preservation Planner Strahn stated that staff had recommended approval of
the application, subject to the standard boilerplate condition.
Following its review of the
. application, the Design Review Board added two conditions, to require that a gable roof be used
on the project's east elevation and to require that windows similar to those in the original
structure be used in the addition wherever possible.
Responding to Commissioner Rudberg, the Historic Preservation Planner stated the
transcripts from the Design Review Board reflect that the applicant agreed to the two
conditions added by the ORB. He noted that the applicant had indicated
his intent to provide
new drawings for Commission consideration; however, the Design Review Board informed him
that the drawings originally submitted are the ones to be used throughout the review process.
He suggested that, on that basis, the applicant may have chosen to wait until after Commission
action to provide revised plans.
Further responding to Commissioner Rudberg, the City Manager indicated that if the
. applicant does not find the conditions acceptable, he may request Commission reconsideration.
The applicant was not present; and 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.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Certificate of Appropriateness, with deviations from Sections
18.24.030 and 18.24.050 of the Bozeman Municipal Code, as requested by William and Nancy
Nee, under Application No. Z-9606, to allow construction of an 820-square-foot addition to an
. existing house, which is located on a 45-foot-wide lot, and to allow the addition to encroach
3 feet into the required 8-foot side yard setback on Lot 1 and the north 9 feet of Lot 4, Block
8, Beall's Addition, subject to the following conditions:
1. That a gable roof replace the proposed hip roof on the project's
east elevation;
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2. That
the existing design character of the original windows be
maintained
in any proposed windows; and
3. The applicant
shall obtain a building permit within one year of
Certificate
of Appropriateness approval, or this approval shall
become
null and void.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
. Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman
and Mayor
Stueck; those voting No, none.
Adiournment - 7:04 p.m.
There being no further business to come before the Commission at this time,
it was
moved by Commissioner Youngman, seconded by Commissioner Frost, that the
meeting be
adjourned.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Frost, Commissioner Stiff, Commissioner
Rudberg and
Mayor Stueck; those voting No, none.
.
( CJt/V1[~
DON E. STUECK, Mayor
ATTEST:
(jp/k
R BIN L. SULLIVAN
Clerk of the Commission
.
03-04-96