HomeMy WebLinkAbout1995-11-06 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 6, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, November 6, 1995, at 3:00 p.m.
Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner
Frost, 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 - October 9. October 16. October 23. October 25 and October 30.
1995
Commissioner Frost questioned whether single-family residents are a permitted
use in
the R-MH district, as reflected in the minutes for the October 16 meeting.
. It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
minutes of the meetings of October 9, October 16, October 23, October 25
and October 30,
1995, be approved as submitted. The motion carried by the following Aye
and No vote: those
voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck,
Commissioner Frost and Mayor Vincent; those voting No, none.
Ordinance No. 1408 - Salarv Ordinance for Fiscal Year 1995-1996
Previously distributed to the Commission were copies of Ordinance No. 1408,
as
approved by the City Attorney, entitled:
ORDINANCE NO. 1408
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONT ANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW.
City Manager Wysocki reminded the Commission that this ordinance was provisionally
adopted at the October 16 meeting and recommended that it be finally adopted
at this time.
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It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
Commission finally adopt Ordinance No. 1408, setting salaries for specified
City employees for
Fiscal Year 1995-1996. The motion carried by the following Aye and No vote:
those voting
Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost,
Commissioner
. Youngman and Mayor Vincent; those voting No, none.
Ordinance No. 1410 - Zone MaD Amendment ~ B-1 to R-2 - 7.0 acres located
in a Dortion of
the NE%. Section 10. T2S. R5E. MPM (southeast corner of the intersection
of Durston Road
and Ferauson Avenue)
Included in the Commissioners' packets was a copy of Ordinance No. 1410,
as approved
by the City Attorney, entitled:
ORDINANCE NO. 1410
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "B-1"
(NEIGHBORHOOD
SERVICE) TO "R-2"
(RESIDENTIAL--SINGLE-FAMIL Y,
MEDIUM-DENSITY) ON 7.0 ACRES LOCATED IN THE NORTHEAST ONE-
QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA
PRINCIPAL MERIDIAN.
. The City Manager reminded the Commission that this subject 7 .O-acre parcel
is a portion
of the Courtyard Cottages Subdivision, which has received preliminary plat approval. He noted
that this parcel is located in the northwest corner of the original Valley
Unit Subdivision; and
the B-1 zoned parcel is a part of the original zoning. He noted that the
public hearing has been
conducted on this requested rezoning; and the Commission directed staff
to bring back an
ordinance to complete the process.
He recommended that the ordinance be provisionally
adopted at this time and that it be brought back in two weeks for final
adoption.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that
the
Commission provisionally adopt Ordinance No. 1410, amending the zoning
on the 7.0-acre
parcel located at the northeast corner of the intersection of Durston Road
and Ferguson Avenue
from "B-1" (Neighborhood Service) to "R-2" (Residential--Single-family,
Medium-density), and
. that it be brought back in two weeks for final adoption. The motion carried by the following
Aye and No vote:
those voting Aye being Commissioner Stueck, Commissioner Frost,
Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting
No, none.
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Ordinance No. 1411 - revisina Section 13.28.330 of the Bozeman MuniciDal
Code. setting
revised Denalties for violations of ChaDter 13.28. relating to sewage disDosal
and local
wastewater Dretreatment standards
Included in the Commissioners' packets was a copy of Ordinance No. 1411,
as approved
by the City Attorney, entitled:
. ORDINANCE
NO. 1411
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL
CODE, AS
AMENDED BY ORDINANCE NO. 1390, AND WHICH SAID ORDINANCE IS NOT
CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY
REVISING SECTION 13.28.330 OF SAID CODE; PROVIDING FOR INCREASING
THE PENALTY FOR THE VIOLATION OF ANY PROVISION OF CHAPTER 13.28
RELATING
TO SEWAGE DISPOSAL
AND LOCAL WASTEWATER
PRETREATMENT STANDARDS.
The City Manager recommended that the Commission provisionally adopt this
ordinance,
which provides for a penalty of up to $1,000 for violations of the City's
regulations relating to
sewage disposal and local wastewater pretreatment standards.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
Commission provisionally adopt Ordinance No. 1411, amending the penalties
for violation of
any provision of Chapter 13.28 of the Bozeman Municipal Code relating to
sewage disposal and
. local wastewater pretreatment standards, and that it be brought back in two weeks for final
adoption. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck and
Mayor Vincent; those voting No, none.
DeDositorv Bonds and Pledaed Securities as of SeDtember 30. 1995
In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana
Code
Annotated, Commissioner Stiff and Commissioner Stueck have examined the
receipts of
Depository Bonds and Pledged Securities held by the Director of Finance
as security for City
funds deposited in Bozeman banks.
. Commissioner Stueck reported that the inventory of Depository Bonds and
Pledged
Securities was found to be in order.
It was moved by Commissioner Stueck, seconded by Commissioner Stiff, that
the
Commission approve the Pledged Securities as of September 30, 1995, listed
as follows:
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DEPOSITORY BONDS AND SECURITIES
SEPTEMBER 30, 1995
RATE
MATURITY RECEIPT NO.
TOTAL AMOUNT
FIRST SECURITY BANK ~ Bozeman
. Federal Deposit Insurance Corporation
$
100,000.00
Trusteed with American Bank, N.A.:
Dupage Cnty, III SID #045 Bds
6.1 06/01/2001 180001290
$ 300,000.00
Newton, IA Bonds SRS 1989
9.50 06/01/1998 180001284
150,000.00
Canton, TX, Indpt SID Rfdg Bond
5.65 02/15/2000 180001293
345,000.00
Cowlitz Cnty WA SID #401
6.30 06/01/2000 180001295
290.000.00
Sub~Total - First Security Bank - Bozeman
$ 1.085.000.00
Pledaina Amendment to ReDurchase Agreement:
Trusteed with American Bank, N.A.:
Fed Home Loan Banks
floater 07/28/1997 180001212 $ 1,000,000.00
Fed Home Loan Banks
floater 05/21/1999 180001216 1,000.000.00
. Sub-Total - Repurchase Agreement
$ 2.000.000.00
TOT AL - First Security Bank - Bozeman
$ 3,085.000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance
with the
provisions of Section 7-6-207, M.C.A., have this day certified the receipts
of the American
Bank, N.A., for the Depository Bonds held by the Director of Finance as
security, for the
deposit for the City of Bozeman funds as of September 30, 1995, by the
banks of Bozeman
and approve and accept the same.
JOHN VINCENT, Mayor
JOE N. FROST, Commissioner
ALFRED M. STIFF, Commissioner
.
DON E. STUECK, Commissioner
MARCIA B. YOUNGMAN, Commissioner
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Stueck, Commissioner Stiff, Commissioner Youngman, Commissioner Frost and
Mayor Vincent;
those voting No, none.
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Discussion - settina of Commission meetings for December 1995 and Januarv
1996
City Manager Wysocki noted that, included in the Commissioners' packets,
was a memo
from Clerk of the Commission Sullivan, dated October 27, citing statutory
requirements for
meetings of the Commission, along with a proposed calendar of meeting dates
for December
. 1995 and January 1996. He noted that, under the State statutes, the reorganization meeting
of the Commission will be held at 10:00 a.m. on Monday, January 8, 1996.
The City Manager reminded the Commission that, for the past several years,
the meeting
between Christmas and New Year's has been cancelled.
Under the proposed schedule of
meetings for December and January, the Clerk has proposed that the December
26 meeting be
cancelled.
Also, since January is a five-Monday month, she has proposed that the work
session/agenda meetings and regular meetings be switched for the month,
to correspond with
the reorganization of the Commission.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission accept the proposed schedule of Commission meetings for the
months of
December 1995 and January 1996, including cancellation of the work session/agenda
meeting
. on December 26. 1995. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck,
Commissioner
Frost and Mayor Vincent; those voting No, none.
Discussion - FYI Items
City Manager
Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) The
City Manager suggested that the agenda for next week's Commission
meeting begin with the agenda meeting for the November 20 meeting, with
the work session
to begin at 4:00 p.m. He noted that this will allow the work session with
Mr. Jim Claus to be
scheduled from 4:00 p.m. to 5:30 p.m., and then from 7:00 p.m. to 9:00
p.m.
. The City Manager also suggested that the agenda for the November 27 Commission
meeting begin with the agenda meeting for the December 4 meeting, followed
by a work
session with the Design Review Board, to begin at 4:00 p.m., and possibly
one more work
session item.
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The Commission concurred with the proposed schedules for the two Commission
meetings.
(2) Copy of a letter to Mr. Brian Gallik from Nadia Beiser, Fort Ellis Community,
dated
October 25, responding to his letter of October 12 regarding the fire protection pond.
. (3) Copy of a letter from Mr. Jim Gould to Police Chief Larry Conner, dated October
21, expressing concern about what seem to be acceptable driving practices in Bozeman.
(4) Copy of the summary from the draft water facilities plan.
(5) Copy of the summary from the draft wastewater facilities plan.
(6) Notice that the County Commission will not conduct a public meeting this
week.
(7) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, November 7, in the Commission Room.
(8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on
Tuesday, November 7,in the Commission Room.
(9) Copy of a press release from the City of Missoula Public Works Department,
forwarded by Neighborhood Coordinator/Grantsperson James Goehrung, inviting people to
. attend a "traffic calming workshop'.
Commissioner Youngman asked if any staff members plan to attend, suggesting that it
would be beneficial to have some representation at the meeting.
(10) Summary of the meeting held on October 27 at the County Courthouse regarding
a possible cooperative composting program.
The City Manager noted that, once the cost of the feasibility study for a composting
program is known, the City will be asked to participate in those costs.
(11 ) The City Manager submitted his weekly report, as follows. (1) Noted
that leaf
pick-up was temporarily suspended because of snow. (2)
Stated he is working on a
presentation to Leadership Bozeman in December, as well as a presentation to a University
class later this week. (3) Noted that improvements to the intersection of South 19th Avenue
. and West College Street will be suspended for the winter, following the laying of some cold mix
for the winter months. (4) Noted that installation of the traffic
signal at the intersection of
North 19th Avenue and Durston Road is to begin this week, with project completion scheduled
for mid-December. (5) Announced that staff is undertaking the steps necessary to acquire an
easement for drilling of a well on private property near Tamarack Street to assist in keeping
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Bozeman Creek open. (6) Announced that he has authorized the moving of monies within the
Library's operations budget to fund continuation on the Washington Library Network. He also
noted that the Library will be seeking authorization to expend a substantial portion of the
monies in the Trust Fund to purchase a higher capacity personal computer for Internet use. (7)
. Announced that the Parking Commission will meet at 7:30 a.m. on Thursday, November 10,
in the Conference Room. (8) Announced that white goods will be crushed this week, noting
that the Sanitation Superintendent has estimated there are 300 tons of appliances at the
landfill.
(12) Commissioner
Frost stated that he attended the Greater Yellowstone Coalition
annual meeting last week. He was interested by the economist who spoke about the economic
make-up of communities adjacent to the greater Yellowstone area. He was surprised that 95
percent of new employment is from small businesses with 20 or fewer employees and that the
entire area is growing rapidly, much of it at a faster rate than Bozeman. He stated that a drive
through the valley, including Belgrade, Manhattan, Three Forks, Amsterdam and Churchill over
the weekend graphically revealed the amount of growth that is occurring.
. (13) Commissioner Youngman stated that she also attended the Greater Yellowstone
Coalition annual meeting, concurring that the economist's presentation was fascinating.
(14) Commissioner
Stiff submitted the following. (1) Attended a special meeting of
the Gallatin County Health Board last week, during which items covered included non-
degradation and junk vehicles. (2) Received a letter
from the County Health Department
regarding commercial wells and septic systems, which he will forward to the City Manager.
(3) Attended the Senior Center Board of Directors meeting last week. He noted that they raised
$ 7 ,000 during the fall festival, as a part of the local match for the new adult care facility. (4)
Attended the Senior Center volunteer dinner over the weekend. (5) Attended the final Bozeman
Senior High School girls' basketball game on Saturday night. He noted that the team is 20-0
for the season, going into the State championship tournament.
. (15) Mayor
Vincent submitted the following. (1) Attended the Greater Yellowstone
Coalition annual meeting. He emphasized two points raised by the economist. He noted that
ranching, mining and timber generate only 5 percent of the total income generated, directly or
directly, around Yellowstone and Grand Teton parks. He also noted that tourism is not one of
the main economic factors, as has previously been thought; rather, small businesses are one
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of the primary factors. He noted that 85 percent of all businesses which
have moved into the
greater Yellowstone area have indicated that they could have been more
profitable if they had
stayed in their former location; however, the quality of life in this area
has attracted them and
encouraged them to stay. He noted that this information stresses the importance
of ensuring
. that the quality of life in this area is protected, from both an aesthetic and economic
standpoint. (2) Stated he feels that the election campaign this year has
been well run, with
concentration on issues such as growth. He then forwarded his position
that referendums on
the ballot, either advisory or binding, could assist the Commission in
its decision-making
processes.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Annlication for Kennel License - Sindy Matthews. 110 South 10th Avenue
-
Calendar Year 1995: apDroval for calendar year only. and direct staff to
review and forward recommendation Drior to issuance of any renewals
Acknowledae receint of fourth auarter budaet reyiew for Fiscal Year 1994-1995:
authorize Mayor to sian budget amendments
. Acknowledge receiot of reauest for permission to extend City sewer seryice
beyond city limits . four half-acre lots in 20-acre Darcel located alona
north side of Durston Road. immediately north of Bridaer Peaks Estates
Subdiyision - Doug Smith: concur in staff's recommendation to reauire
annexation
Acknowledae receint of reauest for oermission to extend City water and
sewer
services beyond city limits - Dronertv located along west side of North
25th Avenue. south of West Villard Street - Shining Mountains
Evanaelical Lutheran Church: refer to staff
Acknowledge receiot of reauest for annexation - Steve McGough - 7.967-acre
parcel located in the S%. NW% and N%. SW%. Section 11. 125. R5E.
MPM (Wheeler Mobile Home Park. 2715 West Babcock Street): refer to
I1illL
Authorize City ManaQer to sign - StiDulation with Middle Creek Ditch Comoany
for Water Court Case 41 H-253.
Claim No. 41H-W-119974-00 -
pertainina to priority date for Middle Creek water rights
. Authorize City Manager to sign - Sewer Pioeline and Access Easement and
Agreement. 30-foot easement across Lots 8-11. east 20 feet of Lot 12,
and all of Lots 14-19. Block G. Story's Addition - Community Food Co-on
(908 West Main Street)
Authorize City Manaaer to sian - Chanae Order No.1 for Landfill expansion
Area
Liner System - VanDyke Construction Comoany . no change in contract
amount or contract time
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Authorize City Manaaer to sian - Pioeline Easement with Montana Power
Comoany - 10-foot-wide easement adiacent to northernmost line of
"Bozeman Water Works Tract No.1" as shown on Book 97. Paae 625.
filed at Gallatin County Clerk and Recorder's Office (water treatment
plant)
Authorize City Manager to sian - Construction Agreement with State of Montana
Deoartment of Transoortation - installation of traffic sianal at intersection
. of North 19th Avenue and Durston Road
Ratifv City Manaaer's signature - Aareement for Drua Abuse Testing Services-
AdMed. Ltd.
Authorize City Manager to sian - Water Main Extension Agreement - Farmhouse
Partners -loan from City's Water Fund for extension of main to Comstock
Aoartment develooment
Commission Resolution No. 3088 - settina public hearina on cable television
franchising ad hoc committee recommendations for November 27. 1995
COMMISSION
RESOLUTION NO. 3088
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
SETTING A PUBLIC
HEARING ON THE
REPORT AND
RECOMMENDATIONS SUBMITTED BY THE CABLE TELEVISION FRANCHISING
AD HOC COMMITTEE.
Commission Resolution No. 3089 - settina public hearing on prooosed street,
fire. water and wastewater imoact fees for December 4. 1995
. COMMISSION
RESOLUTION NO. 3089
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, SETTING A PUBLIC HEARING ON THE IMPLEMENTATION OF
STREET, FIRE, WATER AND WASTEWATER IMPACT FEES.
Authorize City Manaaer to sign - Settlement Aareement and release re Boz.
Inc.
Award bid - 1996 backhoelloader for Water Deoartment - Gallatin Equioment
Co.. Belgrade. Montana - $59.991.00 olus ootionol bucket for $965.00
Award bid - 1996 4-wheel-drive economy oickuD for Buildina InsDection Division
- Billion Chrysler Mazda. Bozeman. Montana - $16.451.00
Reiect bid - two 1996 oolice cars
Authorize Mayor to sian - Findings of Fact and Order - subdivision of Bridger
Creek Annexation. Phase I. Lots 41 and 42. into 30 residential lots
Claims
. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, 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 Stueck, Commissioner
Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
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Recess - 3:35 o.m.
Mayor Vincent declared a recess at 3:35 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
. Reconvene -7:00 p.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - COA with deviation from Section 18.18.050 of the Bozeman Municioal Code.
to allow 7-foot bv 32-foot addition to encroach 7 feet into required 25-foot front yard setback
on oortion of Lots 6 and 7. GUY's Second Addition - Tom Ferris and Betsy Danforth. 219 East
Story Street (Z-95132)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as
requested by Tom Ferris and Betsy Danforth, under Application No. Z-95132, to allow a 7-foot
by 32-foot addition to encroach 7 feet into the required 25-foot front yard setback on a portion
of Lots 6 and 7, Guy's Second Addition. The subject site is more commonly located at 219
. East Story Street.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Dean Patterson presented the staff report. He stated
that under this application, a covered porch is to be constructed along the entire length of the
existing house; and the roof extension is to extend over the attached garage as well. He stated
that a skylight is also to be installed above the front door, on the existing roof. Under
this
application, a 7-foot encroachment into the 25-foot front yard setback is being requested. He
reminded the Commission that covered porches are allowed to extend up to five feet into the
required front yard setback, thus under this application, an additional two feet is being sought.
The Associate Planner stated that the Historic Preservation Officer has reviewed this
. application, and has determined that the requested porch is generally appropriate and
acceptable within the subject neighborhood. He noted that the Design Review Board generally
concurred with the staff's recommendation for approval; however, they felt that the porch
steps should extend off the front porch rather than being incorporated into the front porch
design, to provide more focus for the entry to the residence.
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Associate Planner Patterson reviewed the four recommended conditions of
approval,
noting that the first one is the standard condition attached to approval of all Certificates of
Appropriateness. He noted that during the work session,
some question was raised about
requiring that the skylight project no more than 4 inches from the roof, as required in the
. second condition. He assured the Commission that skylights projecting no more than three
inches or four inches above the roof are available in today's market. He stated that the ORB
revised Condition No.3, as recommended by staff, to allow the stairs off the front and east
side of the porch to extend not more than an additional five feet into the required setbacks.
He noted that Condition No.4, requiring the project be professionally designed, was added by
the ORB. He stated that this condition was added to make the
applicant aware of the
complexity of the proposed project, and to ensure that the roofline for the porch is
appropriately incorporated into the porch of the existing house.
He stated that the Building
Inspection Division is also requiring a stress analysis of the stru,cture to ensure that it will
withstand the weather. He suggested that, in light of concerns raised during the work session,
it might be
appropriate to change the
language from "professionally designed" to
. .professionally engineered.. He further suggested that, since the applicant is aware of the
complexity of the project and plans to have the project professionally designed, this condition
could be eliminated.
Associate Planner Patterson stated that the applicant is unable to attend
this evening's
meeting. He has, however, forwarded his willingness to accept the recommended conditions
for approval.
Commissioner Stueck suggested that Condition No.4 be revised to allow for
"review
and approval by an architect or engineer licensed to do business in the State of Montana".
No one was present to speak in support of or in opposition to the requested
deviation.
Since there were no Commissioner objections, Mayor Vincent 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 Stueck, seconded by Commissioner Frost, that
the
Commission approve the Certificate of Appropriateness with deviation from Section 18.18.050
of the Bozeman Municipal Code, as requested by Tom Ferris and Betsy Danforth, under
Application No. Z-95132, to allow a 7-foot by 32-foot addition to encroach 7 feet into the
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required 25-foot front yard setback on a portion of Lots 6 and 7, Guy's Second Addition,
subject to the following conditions:
1. That the proposed skylight will project from the roof no further than four
inches;
2. That the stairs accessing the south side of the proposed porch shall be
. placed in front of the front door and shall extend off the porch no more
than an additional five feet into the front yard setback. Stairs accessing
the east side of the proposed porch shall extend off the porch no more
than five feet into the required side yard setback;
3. That the applicant shall have the project in this application reviewed
and
approved by an architect or engineer licensed to do business in the State
of Montana; and
4. That 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
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
Public hearing - COA with deviation from Section 18.18.050 of the Bozeman MuniciDal Code.
. to allow 12-loot bv 20-loot Dole Irame Qarage to encroach 4 leet into required 8-loot side yard
setback on Dortion of north 65 feet of Tract 1. Beall's First Addition - G.J. Walker Smith. 311
North Montana Avenue (Z-95127)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as
requested by G.J. Walker Smith, under Application No. Z-95127, to allow a 12-foot by 20-foot
pole frame garage to encroach 4 feet into the required 8-foot side yard setback on a portion
of the north 65 feet of Tract 1, Beall's First Addition. The
subject site is more commonly
located at 311 North Montana Avenue.
Mayor Vincent opened the public hearing.
Historic Preservation Planner Strahn presented the staff report. He stated that under
this application, a 12-foot by 20-foot pole frame garage is to encroach 4 feet into the required
. 8-foot side yard setback. He noted that the new garage is to be
constructed on the same
footprint as the garage which has existed on the site.
He noted that the old, deteriorated
garage was removed this summer, partly by nature and partly by the applicant. He forwarded
staff's support for the requested deviation, noting that it is in keeping with the general
neighborhood. He stated that, following its review of the application, the Design Review Board
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concurred in staff's recommendation, and has forwarded its recommendation
that the
application be approved, subject to the standard boilerplate condition.
The applicant was not present; and no one spoke in support of or in opposition
to the
requested deviation.
. Since there were no Commissioner objections, Mayor Vincent 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 Frost, seconded by Commissioner Youngman,
that the
Commission approve the Certificate of Appropriateness with deviation from
Section 18.18.050
of the Bozeman Municipal Code, as requested by G.J. Walker Smith;under
Application No.
Z-95127, to allow a 12-foot by 20-foot pole frame garage to encroach 4
feet into the required
8-foot side yard setback on a portion of the north 65 feet of Tract 1,
Beall's First Addition,
subject to the following condition:
1. That
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
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and
Mayor Vincent;
those voting No, none.
Public hearina - COA with deviations from Section 18.18.050 of the Bozeman
MuniciDal Code.
to allow Dorch and livina room additions to encroach 5 feet 6 inches into
reauired 25-foot front
yard setback and allow Dorch to encroach 5 feet into reauired 8-foot side
yard setback on Block
1. Tract 5. Babcock and Davis Addition - Linda Bell for Ann and Tom Lockie
for 505 North
Church Avenue (Z-95131)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal
Code, as
requested by Linda Bell for Ann and Tom Lockie, under Application No. Z-95131,
to allow
. porch and living room additions to encroach 5 feet 6 inches into the required
25-foot front yard
setback and to allow a porch to encroach 5 feet into the required 8-foot side yard setback on
Block 1, Tract 5, Babcock and Davis Addition. The subject site is more
commonly located at
505 North Church Avenue.
Mayor Vincent opened the public hearing.
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City Manager Wysocki noted that, included in the Commissioners' packets, was a letter
from Linda Bell, dated November 3, requesting that the public hearing be opened and continued
to allow the Design Review Board an opportunity to review a revised plan and forward its
recommendations based on that plan.
. It was moved by Commissiol1er Youngman, seconded by Commissioner Stiff, that the
Commission continue the public hearing to November 20. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Stiff,
Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Public hearing ~ COA with sign exemDtion from ChaDter 18.65. to allow existina sign to remain
on Tract A. Amended Plat of Lots 24. 27 and 28. Northern Pacific Addition - Terry and Sutta
Larson for Ranch House Motel. 1201 East Main Street (Z-95137)
This was the time and place set for the public hearing on the Certificate of
Appropriateness with exemption from Chapter 18.65 of the Bozeman Municipal Code, as
requested by Terry and Sutta Larson for the Ranch House Motel, under Application No.
Z-95137, to allow the existing sign to remain on Tract A, Amended Plat of Lots 24, 27 and 28,
. Northern Pacific Addition. The subject site is more commonly located
at 1201 East Main
Street.
Mayor Vincent opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report. He stated that
staff has reviewed this application in light of the four criteria set forth in the Bozeman Municipal
Code for retention of existing non-conforming signs. He stated that the existing Ranch House
Motel sign was erected in 1951; and the 34-foot-6-inch high sign contains 250 square feet.
A 30-square-foot reader board sign has been attached to the sign, as well as a small sign which
reads "ski season special".
The staff findings on the four criteria are contained in the written staff report. Historic
Preservation Planner Strahn reviewed each of those findings, stating that the sign is unique
. since there are few similar signs in the community. While the "motel" portion of the sign is
found in other locations around the community, the "Ranch House" portion is unique with its
accompanying graphic elements. The sign reflects the
auto-oriented commercialism of the
post-war era. The sign, with its unique character, contributes to its surroundings while not
dominating them.
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Planner Strahn stated that staff has determined the reader board is not
a contributing
historic element of the sign, whether it was a part of the original sign or not.
He noted,
therefore, staff has recommended that portion of the sign be eliminated.
The Historic Preservation Planner stated that staff forwarded a recommendation
for
. approval of the application, subject to two conditions, to the Design Review Board. Following
its review of the application and the staff findings, the Design Review Board concurred in the
recommendation, but revised one of the conditions. He noted that approval of a similar request
for the Blue Sky Motel a few weeks ago contained the boilerplate condition for Certificates of
Appropriateness that the work be completed within one year from the date of approval. The
Design Review Board, during this review, recognized the flaw in that condition and has,
therefore, recommended that any conditions for sign exemptions be completed within sixty
days.
The Planner stated that the applicant has expressed concern about the shortened
timeframe for meeting the conditions; and he also forwarded his interest in retaining the reader
board portion of the sign, since it is important to his business. The Planner recognized that in
. 1951, the reader board could have been a part of the original sign; however, he reiterated
staff's position that a reader board is not a contributing element to the developmental character
of the community.
Historic Preservation Planner Strahn stated that no information on the
original sign is
available. Also, the gentleman from Rainbow Signs who worked on the original sign cannot
remember if the reader board was a part of it.
Responding to Commissioner Frost, the Planner stated it is not known when
the "ski
season special" sign was added. He noted that the applicant is
willing to remove that sign,
with the reader board being the only portion on which there is disagreement.
Commissioner Youngman noted there is a "no vacancy" sign attached, across
from the
"ski season special", and asked if that portion of the sign can be retained without destroying
. the configuration of the original sign; Historic Preservation Planner Strahn stated there is
probably some way to structurally retain the "no vacancy" portion of the sign.
Mr. Terry Larson, applicant, stated his big concern revolves around the
reader board,
which is valuable to his business. He stated that he has no problem with removing the "ski
season special" sign, particularly since he had planned on removing it and repainting the
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existing sign during the summer. He then addressed the length of time he has been given to
meet the conditions for retention of his sign, stating he feels that since the Blue Sky Motel has
been given a year, he should be given longer than sixty days. He stated that he also wishes
to somehow retain the "no vacancy" sign as an integral part of the original sign.
. Responding to Commissioner Stueck, Mr. Larson stated that it is important for his
signage to be visible from East Main Street; and signs in the window of his establishment do
not provide the needed visibility.
No one was present to speak in opposition to the requested sign exemption.
Historic Preservation Planner Strahn stated that, in the past, Mr. Larson has indicated
his interest in retaining all of his signage on one main sign, rather than splitting the sign into
various segments and generating a cluttered appearance. He noted that the owner of the Blue
Sky Motel has indicated his intent to remove the reader board from the historic sign and place
it on the building, under a separate sign permit. He stated that option is also available in this
instance.
Responding to Commissioner Frost, the Historic Preservation Planner stated he feels Mr.
. Larson has a valid point regarding the 50-day provision, particularly since the Blue Sky Motel
was granted one year, due to an oversight. He suggested that a period of time between 60
days and one year would be appropriate, stating he feels that 90 or 120 days would be as
acceptable as 60 days.
Responding to Commissioner Youngman, the Planner stated that all of the permitting
necessary for relocation of the reader board sign could be completed within sixty days.
Commissioner Stiff stated his interest in talking to staff about this application prior to
making a decision. He noted that the issue of precedence has been raised, in
light of the
previously-approved application; and he would like to review the site prior to making a decision.
Commissioner Stueck stated that, as a former motel owner, he recognizes the
importance of the reader board. He stated that to remove the reader board and place it is a
. different location on the site seems to be counter-productive and not in keeping with the intent
of the sign code.
Historic Preservation Planner Strahn cautioned the Commission to remember the four
criteria for allowing special exemptions for non-conforming signs. He reiterated staff's position
that the reader board does not contribute to character of the sign; rather, it is a mass-produced
11-06-95
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and non-architectural element and cannot be linked to a specific historical
and/or cultural era.
He cautioned that allowing this type of non-contributing feature to remain
is inappropriate and
detracts from the positive elements of the sign.
Mayor Vincent stated he is concerned about the fairness issue, particularly
when the
Blue Sky Motel is almost across the street from this motet. He recognized
that the owner of
. the Blue Sky Motel is voluntarily removing the reader board from his sign; and he recognized
Mr. Larson's position as welt. He expressed concern that to allow one motel
to have a reader
board while the other one has removed its reader board could result in
a lack of competitive
fairness. He then forwarded his desire to delay the decision, to allow
an opportunity to review
the site and the information received.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
Mayor Vincent requested that the decision on this application be placed
on the
November 20 agenda.
Public hearing - COA with deviation from Table 18.65.050.D. and variances
from Section
18.65.030 and Table 18.65.050.D.. to allow existina master signage Dlan
for lot 7. Wheat
. Commercial Subdivision - Tom Huber for ADDie Tree Restaurant. 712 Wheat Drive IZ-951231
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviation and variances from portions of Chapter 18.65,
as requested by
Tom Huber for the Apple Tree Restaurant, under Application No. Z-95123,
to allow the existing
master signage plan for Lot 7, Wheat Commercial Subdivision, to remain.
The subject site is
more commonly known as 712 Wheat Drive.
Mayor Vincent opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that,
in addition to
the staff report, a copy of the minutes from the October 24 meeting of
the Design Review
Board and a copy of Administrative Policy No. 95-03, pertaining to computation
of maximum
total permitted sign area for a zone lot, were included in the Commissioners'
packets.
. The Senior Planner stated that under this application, the three existing
signs on the
property would be allowed to remain. Those signs included the sign on the
northeast corner
of the building, which contains 22 square feet, the integral roof sign
on the south elevation,
which contains 50 square feet, and the freestanding sign at the southeast
corner of the site,
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18 -
which contains 100 square feet. To accommodate the retention of these signs,
one deviation
has been identified, as follows:
1. From
Table 18.65.050.B., to allow a total sign area of 172.0 square feet
rather
than the 147.15 square feet allowed, for a 17-percent deviation;
and four variances have been identified, as follows:
. 1. From
Section 18.65.030, to allow the existing integral roof sign on the
south elevation to be separated from
the roof structure by more than six
inches;
2. From
Table 18.65.050.C., to allow the existing freestanding sign at the
southeast
corner of the site to encroach 7 feet into the required 15-foot
side
yard setback from North 7th Avenue;
3. From
Table 18.65.050.D., to allow the existing freestanding sign to
exceed
the maximum area of 36 square feet at minimum setback by 64
square
feet; and
4. From
Table 18.65.050.D., to allow the existing freestanding sign to
exceed
the maximum allowable height of 16 feet at minimum setback by
12
feet.
Senior Planner Skelton stated that staff has determined the Wheat Drive
frontage is the
front yard; the North 7th Avenue corridor is a side yard; the 1-90 corridor
is the rear yard; and
the west property line is the other side yard. The application has been
evaluated in light of that
. orientation.
The Senior Planner stated that the subject parcel is located in the North
7th Avenue
entryway overlay corridor and, therefore, this application must be considered
in light of the
design objective plans. He stated that the Design Review Board considered
the Certificate of
Appropriateness with deviation at the October 24 meeting and, following
that review,
forwarded its recommendation for approval, subject to three conditions.
He noted that impacts
on the streetscapes were carefully considered. To mitigate negative impacts
on the adjacent
streets, the DRB concurred in staff's recommendation that the applicant
be required to install
boulevard trees at a minimum of one per fifty lineal feet of street frontage
along Wheat Drive
and North 7th Avenue, as well as provide 500 square feet of landscaping
around the base of
. the freestanding sign pole. He reminded the Commission that excellence in design and superior
landscaping, above what is required in the regulatory standards, is essential
to support approval
of deviations.
Senior Planner Skelton stated that staff has reviewed the four variances
in light of the
three criteria established by the Montana Supreme Court, and as set forth
in the Bozeman
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Municipal Code. He stated that the comprehensive staff findings are contained in the written
staff report which was distributed to the Commission. He briefly highlighted those findings,
noting that staff is unable to forward a favorable recommendation.
The Senior Planner stated the applicant's representative has taken the
position that
. variances are not necessary. in light of his interpretation of street frontages. The Planner
cautioned that any appeal of the Planning Director's decision must be through the Board of
Adjustment and may not be entertained in this public hearing.
Responding to Commissioner Frost, Senior Planner Skelton stated that North
7th Avenue
is presently 150 feet from the site because of the wide street right-of-way; and that does
mitigate the impacts. He cautioned, however, that the improvements
which support a
deviation must be located on-site.
Mr. Keith Swenson, applicant's representative, showed several pictures
of the subject
site to the Commission. He stressed the importance of visibility from the interstate, noting that
at the present time, the freestanding sign is just visible over the off ramp when approaching
from the east; and it is visible for a relatively short distance from the west because of the curve
. in the interstate. He stated that to bring the freestanding sign into compliance with the code
requirements would result in essentially no visibility from the interstate, which would be
extremely detrimental to the business.
Mr. Swenson stated that the sign faces in the freestanding sign were broken
out by a
wind storm this summer; and it is important that the sign faces be replaced as quickly as
possible.
Mr. Swenson recognized that any appeal of the Planning Director's decisions
must be
to the Board of Adjustment. He suggested, however, that
in this instance, it is a matter of
reading the code as it is written. He stated that staff
has taken the position that only the
frontages along Wheat Drive and North 7th Avenue are to be used when determining the
square footage of signs allowed on the site. He suggested that the 1-90 on-ramp should also
. be considered a street frontage for purposes of calculating the amount of signage allowed; and
if that were done, no deviation would be required.
Mr. Swenson then addressed the issue of setbacks.
He stated that, given the
topography of the lot, the location of the building on the site, and buildings on surrounding
properties, any relocation of the freestanding sign would eliminate its effectiveness because
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it would not be visible from the interstate.
He then addressed the height of the existing
freestanding sign, noting that it is only 20 feet above the centerline
of North 7th Avenue. He
stated that if that street were used as the frontage from which the sign
height were
determined, it would exceed the height limitation by only four feet; and
that could be
. accommodated through a 25-percent deviation. He suggested that this would be a logical
interpretation, since the sign face is actually parallel to and visible
from North 7th Avenue
rather than from Wheat Drive.
Mr. Swenson addressed the roof sign, stating that it actually fits between
the definitions
of "roof sign" and "integral roof sign", as contained in the sign code.
He stated that the
highest point of the roof sign extends ten inches out from the roofline,
which is four inches
greater than the separation allowed for integral roof signs. He concluded
by encouraging the
Commission to consider this application in light of his comments, suggesting
that, through a
different view of the application, some of the variances and deviation
may not be necessary.
Responding to Commissioner Stueck, Senior Planner Skelton cautioned that
consistency
is extremely important. He stated that if this sign is considered a roof
sign, it is not allowed;
. however, it exceeds the provisions for an integral roof sign by enough to require a variance.
Commissioner Frost asked if the applicant has any problem with the condition
pertaining
to landscaping.
Mr. Swenson responded that the applicant has landscaped the site well over
the past
few years; however two or three of the trees he planted have died. He stated
that replacement
of those trees would essentially fulfill the requirement for street trees
along Wheat Drive. He
then stated that the applicant has a problem with the remainder of the
condition, since he feels
the landscape requirements are excessive and he does not feel that he should
be required to
plant street trees along the North 7th Avenue frontage. He then stated
that the applicant is
willing to provide a landscaping treatment that is reasonable, as evidenced
by the amount of
area that is currently grassed and maintained.
. Mr. Swenson concluded by encouraging the Commission to make its decision
as quickly
as possible, since the applicant is interested in replacing the sign faces.
Responding to Commissione
r Stiff, Senior Planner Skelton cautioned that the
interpretation forwarded by the applicant's representative is an issue
separate from the
application before the Commission at this time.
He stated that if the Commission wishes to
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consider the applicant's interpretation, it must first be forwarded to the Board of Adjustment
for a review of the interpretation prior to the Commission taking any action on this application.
Respondingto questions from Commissioner Frost regardingthe landscape requirements,
Senior Planner Skelton stated staff's recommendation is that the Commission require the same
. number of street trees as have been required for the old KBMN site and the new Ranch and
- Home site. He emphasized that under the staff's recommendation, four street trees along
North 7th Avenue and five street trees along Wheat Drive are being required. He then stated
that landscaping around the base of the freestanding sign is required under the zone code; and
excellence in landscaping is necessary for approval of deviations and variances under the sign
code.
Senior Planner Skelton stated that on ramps are not included in the street system for
the community, and it is not a part of the pedestrian circulation system; therefore the 1-90 on-
ramp cannot be considered when determining street frontages. He noted that this does not
preclude the siting of signage along that frontage. He then reminded the Commission that there
are one deviation and four variances involved in this application, as presented; and a
. demonstrated excellence in amenities. particularly landscaping. is one of the code requirements
for approval. He stated it is difficult to identify any hardships upon which to base approval of
the requested variances; however, he suggested that the Commission could ensure that the
spirit of the ordinance is being met by requiring the excellence in landscaping that is required
for approval of deviations.
Senior Planner Skelton encouraged the Commission to carefully consider the issues of
fairness and consistency, particularly in light of the fact that many of the properties within this
commercial subdivision are adjacent to the interstate.
City Attorney Luwe reminded the Commission that the application before them at this
time is for one deviation and four variances; and the three criteria for approving variances must
be carefully weighed. He then recommended that the Commission first act
on the four
. variances, noting that if they are not approved, then the Certificate of Appropriateness and
attendant deviation cannot be approved. He further recommended that the three conditions
forwarded by Planning staff be attached to each of those actions.
No one was present to speak in opposition to the requested deviation and variances.
Since there were no Commissioner objections, Mayor Vincent closed the public hearing.
11-06-95
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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 Stiff, seconded by Commissioner Stueck, that the
Commission approve the requested variances from Section 18.65.030, to allow the existing
. integral roof sign on the south elevation to be separated from the roof structure by more than
six inches; from Table 18.65.050.C., to allow the existing freestanding sign at the southeast
corner of the site to encroach 7 feet into the required 15-foot side yard setback from North 7th
Avenue; from Table 18.65.050.D., to allow the existing freestanding sign to exceed the
maximum area of 36 square feet at minimum setback by 64 square feet; and from Table
18.65.050.D., to allow the existing freestanding sign to exceed the maximum allowable height
of 16 feet at minimum setback by 12 feet, as requested by Tom Huber for the Apple Tree
Restaurant, under Application No. Z-95123, to allow the existing master signage plan for Lot
7, Wheat Commercial Subdivision, to remain, subject to the following conditions:
1. That the applicant install boulevard trees a minimum of one (1) per every
fifty (50) lineal feet of street frontage along Wheat Drive and North 7th
Avenue and that a revised landscape plan be prepared accordingly by a
landscape architect or nursery person licensed to do business in the State
. of Montana, for review and approval by the Planning Office prior to
issuance of a Certificate of Appropriateness;
2. That the applicant install at the base of the pole sign five (5) square
feet
of landscape (i.e., bushes, shrubs, flowers, etc.) for everyone (1) square
feet of sign area, for a total of five hundred (500) square feet, that
demonstrates a variety in seasonal color, texture, and shape, and that
a
landscape plan be prepared accordingly by a landscape architect or
nursery person licensed to do business in the State of Montana, for
review and approval by the Planning Office prior to issuance of a
Certificate of Appropriateness; and
3. That the applicant submit to the Planning Office within sixty (60) days
after a decision by the City Commission a financial guarantee, acceptable
to the Planning Director, equal to one and one-half times the estimated
cost to install said landscape, that the financial guarantee will be effective
for a minimum of twelve (12) months, and that the required landscape be
installed no later than June 3, 1996.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Stiff. Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent;
those voting No, none.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve
the Certificate of
Appropriateness with deviation
from Table
18.65.050.8., to allow a total sign area of 172.0 square feet rather than the 147.15 square
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feet allowed, as requested by Tom Huber for the Apple Tree Restaurant,
under Application No.
Z-95123, to allow the existing master signage plan for Lot 7, Wheat Commercial
Subdivision,
to remain, subject to the following conditions:
1. That
the applicant install boulevard trees a minimum of one (1) per every
fifty
(50) lineal feet of street frontage along Wheat Drive and North 7th
. Avenue
and that a revised landscape plan be prepared accordingly by a
landscape architect or nursery person
licensed to do business in the State
of Montana, for review and approval
by the Planning Office prior to
issuance
of a Certificate of Appropriateness;
2. That
the applicant install at the base of the pole sign five (5) square feet
of
landscape (i.e., bushes, shrubs, flowers, etc.) for everyone (1) square
feet
of sign area, for a total of five hundred (500) square feet, that
demonstrates
a variety in seasonal color, texture, and shape, and that a
landscape
plan be prepared accordingly by a landscape architect or
nursery
person licensed to do business in the State of Montana, for
review
and approval by the Planning Office prior to issuance of a
Certificate
of Appropriateness; and
3. That
the applicant submit to the Planning Office within sixty (60) days
after
a decision by the City Commission a financial guarantee, acceptable
to
the Planning Director, equal to one and one-half times the estimated
cost
to install said landscape, that the financial guarantee will be effective
for
a minimum of twelve (12) months, and that the required landscape be
installed
no later than June 3, 1996.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
. Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
Public hearing - Ordinance No. 1409 - adoDting an urban renewal Dlan for
Dortions of
Downtown Bozeman area
This was the time and place set for the public hearing on proposed Ordinance
No. 1409,
as approved by the City Attorney, entitled:
ORDINANCE
NO. 1409
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING AN URBAN RENEWAL PLAN FOR PORTIONS OF THE
DOWNTOWN BOZEMAN AREA.
Mayor Vincent opened the pUblic hearing.
. Assistant City Manager Ron Brey reminded the Commission that in October
1994, the
Downtown Bozeman Association and the Downtown Improvement Steering Committee
requested that the Commission embark on investigation of an urban renewal
plan for the
downtown.
On March 7, 1995, the Commission adopted a resolution declaring that blight
exists in the downtown area and that redevelopment and rehabilitation of
the area would be
11-06-95
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24-
in the public interest. He briefly reviewed the boundaries of the proposed
district, noting that
it essentially includes the commercial segment of the downtown area, from
North Fifth Avenue
to Broadway Avenue, plus the old railroad property on East Main Street,
incorporating as few
residential properties as possible.
. The Assistant City Manager noted that the Commission appointed a 19-member
committee, comprised of members representing a broad spectrum of interests,
to develop a
proposed urban renewal plan.
Those members conducted 17 meetings, with a few of the
members spending many additional hours in preparation of the plan. The
committee conducted
a public input session in late August; and considered the input received
as it prepared the draft
urban renewal plan. The City-County Planning Board has reviewed the plan,
to ensure that it
is in accordance with the Master Plan; and they have determined that it
does. He noted that
the Board has also suggested that the Emerson Cultural Center be included
in the targeted non-
voting membership on the proposed urban renewal agency board. He stated
that the School
Board has also considered and endorsed the proposed urban renewal plan
as forwarded by the
committee.
. The Assistant City Manager stated that, to date, one letter has been received, from Mr.
Joe Sabol, attorney representing CMC Heartland Partners, dated October
11, 1995.
Assistant City Manager Brey stated that this proposed urban renewal plan
differs from
other plans in Montana in three ways. (1) It is capped at $750,000 annually,
with a provision
for inflationary adjustments.
Also, the proposed life span is 11 years, with only monies
necessary to retire any outstanding bonds being diverted to the district
after that time. (2) The
only projects eligible for tax increment financing monies are public projects
or public portions
of private projects. Under this restriction, water mains could be installed
with tax increment
financing monies; however, service lines from the mains to the buildings
and installation of fire
sprinkler systems would be considered private and not eligible.
(3) In addition to the five-
. member voting board, a seven-member non-voting advisory board is proposed,
to broaden the
base of agency and community representation.
Mr. Jim Drummond, Vice-chair of the ad hoc urban renewal study committee,
stressed
the broad cross-section of the community which was represented on the committee.
He also
emphasized the fact that the plan before the Commission is a consensus
document, for which
all of the members have indicated support. He briefly highlighted the nine
principles, which also
11-06-95
- 25 -
serve as goals, upon which the plan is based, as follows: (1) strengthen
downtown's economic
vitality, (2) "community partnerhips" are fundamental to downtown's success,
(3) improve
safety, security and health of the district, (4) downtown's accessibility
shall be improved, (5)
downtown's diversity shall be facilitated, (6) cost of projects and programs
shall be weighed
. against their benefits, (7) downtown shall become more user friendly, (8) image of downtown
shall be continuously improved, and (9) cultural activities shall be nurtured
and expanded
downtown.
Mr. Drummond stated that under this plan, an urban renewal agency is to
be created,
and is to named the Downtown Bozeman Improvement District Board. As required
by State
statutes, the five-voting-member board is to be appointed by the Commission.
In addition, the
Board is to be composed of not more than seven non-voting members representing
a broad
spectrum of organizations. The Board will be charged with preparing an
annual work program
and budget, which will be submitted to the Commission for review and approval.
Mr. Drummond noted that numerous sources of funding have been identified.
Those
include grants, dues, self-imposed taxes, private investment, donations,
tax increment
. financing, revenue bonds, local government assistance, user fees, general obligation bonds, and
low-interest government-backed loans. He also identified several infrastructure
needs in the
downtown area, including additional parking, signs, water and sewer mains,
historic
preservation, snow removal, lighting and marketing.
Mr. Drummond noted that the one area of greatest difficulty encountered
by the
committee was in the funding source for the tax increment financing district,
particularly
because of the potential impact on schools and the County. He emphasized
the importance of
recognizing that the district does not impact the tax revenues generated
at the present time;
rather, the revenues generated from improvements within the district will
be used to fund the
tax increment financing district for the life of the district. After that
time, those revenues will
revert to the appropriate governing bodies.
. Mr. Drummond stated that the committee members agreed that monies from
the tax
increment financing district should be used only for public projects and
should not be allowed
to benefit private businesses. The wording "public projects or the public
portion of private
projects" is the result of that concern.
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Mr. Jim Drummond concluded by emphasizing that the proposed plan is a consensus
document prepared by a very diverse group.
He noted that it provides an opportunity for
improving the downtown area in a manner which is acceptable to everyone
involved with
preparing the document.
. Responding to Commissioner Frost, Assistant City Manager Brey stated that Fire Marshal
Winn forwarded a memo indicating interest in promoting the installation
of fire sprinkler
systems in downtown buildings, and suggesting that tax increment financing
monies be used
to assist in that effort. He stressed the importance of keeping in mind
that under the plan as
proposed, tax increment financing monies may be used for only public projects
and pUblic
portions of private projects.
Under that scenario, the water main in Main Street can be
replaced with tax increment financing monies. Since the water main runs
along the north side
of Main Street, one option that has been discussed is the installation
of a fire water main along
the north side of the street, to reduce the costs of connection and avoid
the need to cut across
the street for those connections.
He also stated that if businesses were to connect to the
water main while work was being done in the street, their costs of connection
could be
. significantly reduced; however, the parameters contained in the plan would be met.
Commissioner Youngman cited fire safety as a critical issue that could
be construed as
a public benefit and, thus, eligible for tax increment financing.
Mr. Jim Drummond stated that testimony received during their public input
session
reflected adamant opposition to the possibility of public funds being used
for the benefit of
private property owners. He noted that the issue of fire sprinkler systems
was discussed at
length; and the committee's recommendation reflects their determination
that the main is the
City's responsibility while the service line from the main to the building
and within the building
is private.
Mr. Steve Schnee, owner of Schnee's Boots and Shoes and a past president
of the
Downtown Bozeman Association, stated that the committee felt it imperative
to forward a
. report which reflects its unity.
He recognized this premise required that the business
community, as well as those representing governmental entities and other
segments of the
community, make concessions. He characterized it as a modest plan; however,
he noted it is
important to recognize the broad-based support which it has received. He
then encouraged
Commission approval, noting his whole-hearted support.
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Mr. Chris Pope, President ofthe Downtown Bozeman Association, stated the DBA Board
of Directors has unanimously supported the plan, although some of the members are concerned
about the level of funding which it provides. He noted that in Helena,
the tax increment
financing district generates over $1 million annually; and they are unable to spend all of those
. monies. so approximately 40 percent of the monies are placed in investments. He stressed the
importance of developing strong public/private partnerships to strengthen and improve the
downtown area, encouraging Commission approval of the plan.
Mrs. Dixie Swenson, Executive Director of the Gallatin Development Corporation, read
into the read a letter of support from the, GDC. She characterized the plan as a good tool for
funding of much-needed public infrastructure to maintain a vital and economically sound
downtown area.
Mr. Steve Johnson, Business Manager for School District No.7, noted that the School
Board has endorsed the plan as it is written. He characterized this
as unprecedented in the
State, recognizing that this reflects the careful consideration that has gone into development
of the plan. He stated that he and School Board members Dennis Hardin and Kathy
Rinker
. served on the committee. He noted that during review of the plan, some of the trustees
expressed concern about the potential development of the currently vacant CMC property with
high-density residential development, which could negatively impact the school system.
He
stated, however, that they also recognize that even though tax revenues will not increase for
the 11-year life of the district, they realize that the tax revenues received later as a result of
improvements encouraged under the district could offset the short-term loss of revenue.
Mr. Johnson cautioned the Commission to take care when considering the CMC
Heartland request to be removed from the district. He stated
that the School Board is
concerned that, at a later date, CMC may request creation of another tax increment financing
district or some other type of tax benefit. He cautioned that, while the School Board supports
this proposed urban renewal plan, it may oppose future plans, particularly if they include
. proposals for use of public monies for private gain. He concluded by encouraging approval of
this plan as submitted.
Mr. Thomas Nygard, member of the DBA Board of Directors, encouraged Commission
approval of the plan, noting that it represents a consensus of many different facets of the
community.
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Mr. Keith Swenson stressed the importance of encouraging affordable housing
in the
downtown area, as well as basic social services. He recognized CMC's hope
to use some of
the tax increment financing monies to clean up their asbestos contamination,
which is not
possible under the proposed plan.
He encouraged the Commission to approve the district
. boundaries as proposed, noting that the development of the CMC property, particularly in some
type of mixed residential and commercial development, coul,d dramatically
enhance the
community as well as the district.
Mr. Dennis Hardin, member of the School Board as well as the committee,
briefly
reviewed some of the concessions which the proposed plan reflect, including
the length of the
tax increment financing district and the annual cap.
He estimated that over 1,000 in
cumulative volunteer hours have been devoted to development of the plan.
He stressed the
importance of recognizing that this proposed plan is the reflection of
a unified committee and
will be good for the downtown area.
He noted that public funds are to be used for public
projects; however, he also noted that under this plan, private funds can
be sought and used
for upgrading of private properties.
_ Mr. Hardin noted that, throughout this process, CMC is the only entity which has
requested removal from the district. He cautioned that their property is
integral to the overall
plan and encouraged the Commission to approve the district boundaries as
proposed. He
concluded by encouraging Commission approval of the plan as submitted.
Mr. Larry Bowman, Parking Commission, noted that they are responsible for
providing
adequate off-street parking in the downtown area; however, they do not
have adequate
resources to fund the capital expenditures. He encouraged Commission approval
of this plan,
noting that it could provide some of the needed financing to provide adequate
parking for both
commercial and residential uses in the downtown area.
Mr. Brian Leland, 528 North Bozeman Avenue, noted the importance of recognizing
that
only the taxes generated by increased value within the district will be
used to support the tax
. increment financing district, leaving the base for schools and the County
untouched. He noted
that, through the creation of this district, a more vibrant downtown should
result, thus
benefitting everyone in the future. He then forwarded his wholehearted
support for the plan
as submitted.
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Mr. Bruce McCallum, committee member, noted the importance of maintaining a
downtown that can compete with competition on the outskirts. He noted that under this plan,
the downtown can be upgraded and prepared for the next century.
Mr. Joe Sabol, attorney representing CMC Heartland Partners, stated that the firm
. acquired the land assets of the Chicago, Milwaukee, St. Paul and Pacific Railroad when it
declared bankruptcy. The total acreage was approximately 66,000 acres, a large portion of
which had environmental problems including diesel fuel, oil, creosote, petroleum products and
asbestos ore. The company has determined that much of the land which it
acquired is
undevelopable; and they have disposed of 2/3 of the 66,000 acres based on that
determination. The company has also developed a number of the parcels it retained. In most
of those instances, the company has received assistance from federal, state and local agencies
in cleaning up the contamination prior to development; and one of those funding mechanisms
has been tax increment financing.
Mr. Sabol noted that CMC Heartland owns the 15-acre parcel on the south side of East
Main Street immediately west of Lindley Park; and it stretches along the rail line to South
. Church Street. He stated that, not only is the property contaminated with asbestos, but it also
contains mercury, petroleum products, battery acid and PCB. He characterized this as the only
parcel within the entire district that can truly be designated as blighted.
Mr. Sabol provided a history of the site and how the contamination on the site has
occurred over the years. He stressed the importance of remembering that this site is located
along Main Street, just a few blocks from the main business district of the community.
Mr. Sabol stated that when the Commission considered an urban renewal plan in the
early 1980's, he spoke in opposition, on behalf of a number of business and residential property
owners, because they were affronted by the designation of their properties as blighted and
because they were concerned about condemnation provisions. He noted that, in retrospect,
he feels that it may have been beneficial to create the urban renewal district at that time.
. Mr. Sabol stated that CMC Heartland does support the creation of an urban renewal
district; however, they are opposed to the proposed restriction that funds be used for public
projects and public portions of private projects. Under this restriction,
the tax increment
financing monies cannot be used to assist in clean-up of the CMC site so that it can be
developed and become a part of the vibrant downtown area.
He suggested that this
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discriminates against the private property owner and flies in the face of what the plan is
designed to accomplish. He stated that using tax increment financing
monies to install fire
sprinkler systems, assist in preservation of historic properties and clean-up of contamination
is for a public purpose and, therefore, should be considered. He also stressed the fact that
. rehabilitation of private property is a basic tenant of urban renewal and tax increment financing.
Mr. Joe Sabol estimated it will cost $500,000 to $800,000 to clean up the
contamination on the CMC property so that it can be developed; and, without financial
assistance, it will remain vacant and fenced. He stated that if the plan is not revised to allow
for assistance in clean-up of the site, it will be of no benefit to be included in the district. In
the reverse, however, if the property is retained in the district and the plan is not revised, and
if the property is cleaned up with other funding assistance and subsequently improved, the
revenues generated from the development can be used to upgrade the downtown area.
Mr. Sabol presented a conceptual plan for development of the subject 1
5-acre parcel,
noting it includes 2 % acres of commercial development that incorporates the renovated depot
into its theme, 8 acres of high-density residential, and 4 to 5 acres of open space and parkland.
. He estimated the cost of development at $10 to $12 million, which would generate an annual
property tax of $180,000.
Mr. Sabol encouraged the Commission to revise the plan to accommodate projects
such
as fire sprinkler systems, preservation of historic structures and clean up of contaminated
properties.
Commissioner Stiff suggested that, given the value of the CMC property
and the
potential benefit they could gain from development of the parcel, the estimated cost of clean-up
seems to be comparatively small.
Mr. Sabol responded that management of CMC Heartland has made the determination,
based on experience, that it would not be economically feasible to clean up the site and then
develop it. As a result, the land remains vacant.
. Responding to Commissioner Stiff, Mr. Sabol stated that, based on past
history, he
anticipates that some off-site improvements would be required in conjunction with development
of the CMC property; and the project would be marginally feasible without those costs being
added.
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Mr. Glen Sexton, CMC Heartland Partners, stated that his firm acquired title to the
subject property ten years ago. He noted that the firm is charged with managing
those
properties in a manner which provides a return to its investors. In that light, the extraordinary
costs of clean-up do not make this site economically viable. He further noted that banks will
. not loan monies for clean-up; and the company does not have adequate cash resources to
cover the costs. He stated that the estimated value of the conceptual plan is $10 to $12
million, which includes approximately $1 million in profit. However, if $500,000 to $800,000
is required for clean-up of the site, the profit margin becomes $200,000 to $500,000, which
is not financially attractive to the stockholders.
Mr. Sexton forwarded his interest in developing the subject parcel, stating he feels it
would be an asset to the community. He noted that he has followed development of the urban
renewal plan closely, reviewing each draft as he received it. Until
the last draft, he was
supportive of the plan; however, it was in the last draft that the language "public project or
public portion of private project" arose. He encouraged the Commission to revise the plan, prior
to adoption, to allow for fire sprinkler systems, preservation of historic buildings and clean-up
. to be funded with tax increment financing monies. He stated that this would allow CMC to
participate fully in the program, both benefitting and benefitting from the urban renewal district.
Following a brief discussion about the value of the CMC property as it exists and the
cost of clean-up, Commissioner Stueck asked about the possibility of acquiring the property.
Mr. Sexton responded that CMC Heartland is willing to consider any offer.
Responding to questions from City Attorney Luwe, Mr. Sexton stated he has not seen
the study regarding contamination of the site and proposed remedies. He then reiterated that
the projected cost of development does not include clean-up costs.
Mr. John Sandmeyer, County resident, stated that he has reviewed every draft of the
plan as it has been prepared, noting that the plan has definitely improved as it has evolved.
He noted there seems to be some confusion over the terms "public projects and public portions
. of private projects", suggesting that the language should be clarified, possibly by stating "public
funds shall only be used for public improvement projects". He forwarded
his position that
public funds should not be used for private gain.
Ms. Marty Weaver, representing the Emerson Cultural Center, stated that their building
has been placed on the tax rolls since being purchased from the School District. She noted that
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portions of the building has been designated as non-profit and asked if those portions would
be eligible for tax increment financing funds.
Assistant City Manager Ron Brey noted that many of the questions raised will require
some research and discussion. He stated that the committee discussed how
to write its
. concept that the tax increment financing funds be used only for public projects and determined
that the language forwarded most appropriately depicted their intent without restricting
potential uses to a specific list.
Responding to Commissioner Frost, the Assistant City Manager stated that the schools
within the district would be eligible to use tax increment financing funds.
Responding to questions from the Commissioners, Mr. Dennis Hardin stated that the
committee discussed at length the issue of grants versus loans. He noted that the committee
determined that no use of the tax increment financing funds should result in any type of
inequity for private businesses, therefore, no private project would be eligible for funding. He
noted that this concern is also what lead to the language contained in the proposed plan.
City Manager Wysocki cautioned the Commission that if this plan is to be effective in
. calendar year 1996. the ordinance must be adopted prior to the end of November. He
suggested that the Commission provisionally adopt the ordinance after the public hearing has
been closed, recognizing that the issues and concerns raised during this public hearing can be
addressed during the two weeks between provisional and final adoptions.
Mr. Steve Schnee noted that Mr. Sabol's comments are very persuasive. He expressed
concern that representatives of CMC Heartland were not actively involved through the process
of developing the plan; rather they waited until this time to forward their position. He then
recognized that inclusion of the CMC property is an integral part of the plan as forwarded.
Mr. Dennis Hardin reiterated the fact that the School Board has indicated support of the
plan as it is forwarded. He cautioned that the plan is carefully assembled and is barely hanging
together. He expressed concern that any revisions of the plan could result in the School Board
. withdrawing its support as well as destroying the plan.
Mr. Hardin noted that the estimated $500,000 to clean up the CMC property represents
only 4.2 percent of a $12 million project, which he characterized as rather minor.
He then
suggested that if CMC does not believe it is economically feasible to clean up the property and
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then develop it, the company should consider selling the property to the City for a fair price,
such as $1 per square foot.
Mayor Vincent closed the public hearing.
Commissioner Stueck stated support for the City Manager's recommendation, noting
. it is important to maintain the support which the proposed plan has garnered.
Commissioner Frost forwarded his continued concerns about fire safety issues. He also
stated his interest in ensuring fairness within the plan, particularly in light of the testimony
forwarded by representatives of CMC Heartland Partners.
Commissioner Youngman
stated her concurrence
with the City
Manager's
recommendation, recognizing there are several issues that need to be addressed prior to final
adoption. She forwarded her interest in wording clarifications prior to final adoption. She also
stated that she feels fire safety issues can be considered as being of benefit to the entire
community.
Commissioner Stiff stated his support for the City Manager's recommendation. He also
stated an interest in retaining the boundaries of the district as proposed.
. Mayor Vincent stated that the draft plan is an outstanding example of consensus
building and cooperation. He then noted the importance of retaining the vitality of the
downtown area and strengthening of the business community.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1409, adopting an urban renewal plan for
portions of the downtown Bozeman area, and that it be brought back in two weeks for final
adoption. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
Public hearina - Conditional Use Permit for Planned Unit DeveloDment to develoD 147.2 acres
. with 141 sinale-familv residential units and 6.18 acres with neighborhood service uses: and
Preliminarv Plat to subdivide 72.85 acres into 67 lots for single-familv residential. 6.18 acres
into two neiahborhood service lots. and ODen SDace - Dortion of tract located in NE%. Section
25. T2S. R5E. and NW%. Section 30. T2S. R6E. MPM (northeast corner of intersection of
South Third Avenue and Goldenstein Lane) (Z-95125 and P-9539)
This was the time and place set for the public hearings requested by Don Hannah for
Sourdough Creek Properties, on a 147.2-acre tract located in the northeast one-quarter of
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Section 25, Township 2 South, Range 5 East, and the northwest one-quarter of Section 30,
Township 2 South Range 6 East, Montana Principal Meridian, as follows: (1) a Conditional Use
Permit for Planned Unit Development, under Application No. Z-95125, to 141 single-family
residential units and 6.18 acres with neighborhood service uses; and (2) preliminary plat to
. subdivide 72.85 acres into 67 lots for single-family residential development. 6.18 acres into
two neighborhood service lots, and the remainder in common space and open space. The
subject property is more commonly located at the northeast corner of the intersection of South
Third Avenue and Goldenstein Lane.
Mayor Vincent opened the public hearings.
Assistant Planning Director Debbie Arkell distributed copies of a letter from Mr. Carter
Williams, on behalf of the property ownership interest, dated October 31 .
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission continue these public hearings to 7:00 p.m. on Monday, November 20, per the
applicant's request. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck
e and Mayor Vincent; those voting No. none.
Adjournment - 10:40 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
. ATTEST:
rJfJ~
R BIN L. SULLIVAN ..
Clerk of the Commission
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