HomeMy WebLinkAbout1995-03-20 ccm
.- ._'----'~ .... -....,...... .----..----
~ ~-,_.
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOlEMAN, MONTANA
March 20, 1995
*****************************
. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, March 20, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost,
Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - March 6 and March 13. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the meeting of March 6 be approved as submitted and the minutes of the meeting
. of March 13, 1995, be approved as amended. 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.
Decision - Conditional Use Permit for Planned Unit Development - to modify the Walker Planned
Unit DevelODment to incorcorate an additional 23.064 acres - Tract A. COS No. 1498C.located
in the SE%. Section 25. T1S. R5E. MPM (1500 Reeves Road) (Z-9483)
This was the time and place set for the decision on the Conditional Use Permit for a
Planned Unit Development requested by Susan Taylor Nelson, under Application Z-9483, to
modify the Walker Unit Development to incorporate an additional 23.064 acres located in Tract
A, Certificate of Survey No. 1498C, in the Southwest one-quarter, Section 25, Township 1
South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located
. at 1 500 Reeves Road.
Senior Planner Dave Skelton distributed to the Commission a memo dated March 20,
in which he summarized the history of this application and the issues yet to be addressed.
Attached to that memo was a copy of Resolution No. Z-9483, adopted by the Planning Board
03-20-95
--..--..
---- .-.----- _..,,--- -------
- 2 -
on August 2, 1994, forwarding the Board's recommendation for approval of the requested
Conditional Use Permit, subject to eleven conditions.
The Senior Planner reminded the Commission that the applicant, Susan Taylor Nelson,
has requested that six specific uses be pre-approved for development within the 23-acre
. addition to the original Walker Planned Unit Development, as contained in her letter of March
12, 1995. He reminded the Commission that the subject property has been recently rezoned
from R-O, Residential--Office, and A-S, Agriculture Suburban, to R-S, Residential Suburban.
The County has recently approved a minor subdivision to divide the subject 23 acres into three
lots; and that plat is of record in the Clerk and Recorder's Office. He noted that the applicant
had originally forwarded a list of 13 or 14 uses to the Planning Board for pre-approval;
however, several of them were eliminated because of the rezoning since they are either
permitted or accessory uses in the R-S zoning district.
Senior Planner Skelton stated that the City-County Planning Board conducted its
public hearing on this application in June 1994 and subsequently forwarded a recommendation
for approval. He noted, however, that the Board recommended denial of the requested blanket
. approval of proposed uses because the subject property serves as the transition between two
generally conflicting land uses. He stated that, rather than providing blanket approval of the
types of uses requested, the Board felt that it would be more appropriate to review each
application on an individual basis, with each project standing on its own merits. He cautioned
that, despite what was stated in Mrs. Nelson's letter, if blanket approval is granted, a specific
use would be subject to in-house review only, and not subject to full review by the Planning
Board and City Commission.
Senior Planner Skelton noted that during the past couple months, a substantial
amount of time and effort has gone into resolving the pedestrian circulation system for the
Walker Planned Unit Development; and the Commission took final action on the pathway
system at last week's meeting. He stated that, attached to his memo, is a copy of the changes
. which were made to the proposed pedestrian circulation system as a result of that action.
The Senior Planner recommended that the Commission act on the application to
incorporate the additional 23.064 acres into the Walker Planned Unit Development, modifying
Condition No.2 to reflect that the pedestrian circulation system is to be installed as determined
at the March 6 meeting.
03-20-95
---.------. -.-- --- ----- -------
. -. -.-.- ---.--.-...-- . . --..-- .
-... .~."._.~-_._-
- 3 -
Senior Planner Skelton stated that the applicant is not present at this meeting; and
he knows that she wants to discuss her reasons for seeking blanket approval with the
Commission.
Responding to Commissioner Stueck, the Senior Planner stated that under a blanket
. approval, there is a 50/50 chance that the use would not create a problem. He noted,
however, that with the broad spectrum of uses that could be installed under the requested
blanket approval, there is the potential that the use, its size or its intensity, may not be
appropriate for the subject parcel.
Responding to Commissioner Stiff, the Senior Planner stated that if the Commission
approves the requested Conditional Use Permit with the conditions recommended by the
Planning Board, it will deny the request for blanket approval of the additional specific uses.
City Attorney Luwe suggested that the decision on this item be delayed until after the
next two agenda items have been addressed, to allow the applicant time to arrive at the
meeting if she has been delayed.
. Decision - Conditional Use Permit - Town PumD Inc. & Affiliates for Bozeman Holdina L.L.C. -
allow construction of two casino structures servina alcoholic beveraaes: variances from
Sections 18.30.050. 18.50.060.D. and 18.50.120.F - Tract 1A. COS No. 1364. located in the
NE%. SE%. Section 11. T2S. R5E. MPM (2401 West Main Street) (Z-94143)
This was the time and place set for the decision on the Conditional Use Permit
requested by Town Pump, Inc., and Affiliates for Bozeman Holding L.L.C., under Application
No. Z-94143, to allow construction of two casino structures serving alcoholic beverages on
Tract 1 A, Certificate of Survey No. 1364, located in the Northeast one-quarter, Southeast one-
quarter, Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject
site is more commonly located at 2401 West Main Street. In conjunction with the application
for the Conditional Use Permit is a request for variances from two sections, as follows: from
Section 18.30.050, to allow the parking lot to encroach 2 Y2 feet into the required 25-foot front
. yard setback, and from Section 18.50.060.D., to allow the parking lot to encroach up to 27
feet into the required 35-foot streambank setback. Also, a 20-percent deviation from Table
18.65.050.C. is being requested, to allow the monument sign along West Main Street to be
six feet high rather than the five feet allowed under the sign code.
03-20-95
----- ---- - - - ----- ------------
....---..--.-
- 4 -
Commissioner Stueck stated that he will not participate in discussion or the vote
on
this application due to a potential conflict of interest. He stated that the company for which
he works has an existing contract with Town Pump for construction of the Lucky Lil's Casino
in another community; and there is a strong potential that they will bid on this project as well.
. Senior Planner Dave Skelton reminded the Commission that this application is for
a
Conditional Use Permit with two variances and one deviation. He noted that the public hearing
has been held, and briefly highlighted some of the issues raised during that public hearing. He
then reminded the Commission that the decision on the requested variances must be based on
the three criteria established by the Montana Supreme Court.
City Attorney Luwe suggested that the Commissioners act on the requested variances
separate from action on the requested Conditional Use Permit and deviation, since four
affirmative votes are required to approve a variance while only three affirmative votes are
required to approve the Conditional Use Permit and deviation.
Commissioner Youngman stated she does not believe the requested variances meet
Criteria B as set forth by the Montana Supreme Court; therefore, she cannot support them.
. She stated it is possible to construct one structure on the subject property, with all required
improvements and without variances. She recognized that this may require some creativity of
design on this subject lot.
Commissioner Stiff stated he feels that this application represents an overbuilding
of
the site, rather than an attempt to overcome physical constraints that would warrant a
variance.
Commissioner Frost stated he does not believe the requested variances meet all of
the criteria. He noted that the physical features of the subject lot have not changed since it
was purchased; and he concurred that the application seems to suggest overbuilding of the
site.
. Mayor Vincent concurred with the comments forwarded by the other Commissioners.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission deny the requests for variances from Section 18.30.050, to allow the parking lot
to encroach 2 Y:z feet into the required 25-foot front yard setback, and from Section
18.50.060.D., to allow the parking lot to encroach up to 27 feet into the required 35-foot
streambank setback. The motion carried by the following Aye and No vote: those voting Aye
03-20-95
~...__. ...-..-....---- -~-_.. .. - . ~_. '-._-~~_.- ._-"~.._~~.~.,,,.....~.._- - "
.'..~.". .~.~,._,. ~.,_..~~~~.~._. ...--
- 5 -
being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent;
those voting No, none. Commissioner Stueck abstained.
Senior Planner Skelton stated that, in light of the previous action, any revisions to the
application will result in submittal of an entirely new application, which will then be subjected
. to the appropriate review process.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission deny the Conditional Use Permit requested by Town Pump, Inc., and Affiliates
for Bozeman Holding L.L.C., under Application No. Z-94143, to allow construction of two
casino structures serving alcoholic beverages on Tract 1 A, Certificate of Survey No. 1364,
located in the Northeast one-quarter, Southeast one-quarter, Section 11, Township 2 South,
Range 5 East, Montana Principal Meridian, and the attendant request for a 20-percent deviation
from Table 18.65.050.C., to allow the monument sign along West Main Street to be six feet
high rather than the five feet allowed under the sign code. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman,
Commissioner Stiff and Mayor Vincent; those voting No, none. Commissioner Stueck
. abstained.
Reauest for revisions to Condition Nos. 19 and 20 for aDDroval of Conditional Use Permit for
Planned Unit DeveloDment - allow construction of two 12-unit apartment buildinas on 1.94-acre
unDlatted Dortion of NW%. SW%. Section 12. T2S. R5E. MPM ("The Pines". 115 South 11th
Avenue)
Included in the Commissioners' packets was a memo from Associate Planner/Urban
Designer Dale Beland, forwarding a request for revisions to Conditions Nos. 19 and 20 for
approval of the Conditional Use Permit for a Planned Unit Development to allow construction
of two 12-unit apartment buildings, known as "The Pines", on a 1.94-acre unplatted portion
of the Northwest one-quarter, Southwest one-quarter, Section 12, Township 2 South, Range
5 East, Montana Principal Meridian. The site is more commonly located at 115 South 11th
. Avenue.
Associate Planner/Urban Designer Dale Beland stated the requested revisions were
initiated by one of the neighbors abutting the south side of the subject development. He noted
that the shell of the northernmost 12-unit structure is nearly complete, but the other structure
is not yet above the ground. He stated that Mr. Arpin, the neighbor along the west side of the
03-20-95
- 6 -
alley which is to extend from the subject parcel to West Curtiss Street, has asked that steps
be taken to minimize people using that alley as a driveway to the project. As a result of
exploring different alternatives, in conjunction with the developer and the residents along both
sides of the alley, staff is forwarding a proposal for revisions to Condition Nos. 19 and 20, to
. allow for the installation of an emergency access gate instead of paving the alley. He
emphasized the importance of recognizing that under this proposed revision, the applicant will
not be required to pave the alley; and if it is determined by the Fire Marshal that the alley right-
of-way is not adequately being kept free of debris, he may require that the gate be removed,
leaving an unpaved alley access to the subject development.
The Associate Planner noted that, attached to his memo are copies of the letter dated
January 17, 1995, which was sent to the two neighbors and the developer, with their
signatures reflecting a willingness to accept the two amended conditions and the resulting
changes that would occur. He indicated that he has also discussed these proposed revisions
with Fire Marshal Chuck Winn; and he has stated a willingness to accept them.
Responding to Commissioner Stueck, the Associate Planner stated that the main
. access to the subject project is via a driveway across South 11th Avenue from West Olive
Street. He stated there is no direct access from West Babcock Street to the subject property
and, under the proposed revisions, access to West Curtiss Street would be on an emergency
basis only.
Commissioner Frost expressed concern that a gate was proposed in conjunction with
the original application; however, it was not approved because the Fire Department determined
it would not adequately meet their needs. He also noted that a secondary access has also been
a high priority in Fire Department reviews. He then indicated that, as long as the Fire
Department is willing to support the proposed revisions, he will vote for them. He then asked
that, in future communications with the adjacent property owners, the Associate Planner
emphasize the fact that if the gate is removed, the alley will be unpaved.
. Responding to Commissioner Youngman, Associate Planner Beland stated that the
gate is to be connected to the project fencing so that people cannot maneuver around it to use
the alley. He then stated that if it is not connected, he will take steps to ensure that access
cannot be gained around the ends.
03-20-95
- 7 -
Commissioner Stiff noted that, from a financial standpoint, the proposed revision in
conditions appears to be a basic wash.
City Attorney Luwe stated that the Commission has received a substantial amount
of public input on this project. He suggested, ,however, that since modification of a condition
. is being considered, the public should be given an opportunity to speak for or against the issue.
Mayor Vincent opened the meeting for public testimony concerning this agenda item.
Mr. Dale Crow, Valley
Processing Service, served a
witness subpoena on
Commissioner Stueck and Commissioner Youngman.
After review of those subpoenas, City Attorney Luwe stated they are not related to
this agenda item.
Mayor Vincent recognized the service of subpoena as an inappropriate response to
his invitation to provide input on the subject agenda item.
Commissioner Stiff stated he will vote against the proposed revision because he is not
sure it is in the best interests of the community.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
. Commission approve amendment of Condition Nos. 19 and 20 for approval of the Conditional
Use Permit for a Planned Unit Development, under Application No. Z-93125, to allow
construction of two 12-unit apartment buildings, known as "The Pines", on a 1.94-acre
unplatted portion of the Northwest one-quarter, Southwest one-quarter, Section 12, Township
2 South, Range 5 East, Montana Principal Meridian, so that the conditions read as follows; and
that the two property owners be notified in writing that if the gate is removed, there will be no
requirement for paving of the alley:
19. An emergency access gate and padlock, approved by the
Bozeman Fire Marshal, shall be installed and maintained by the
developer across the alley between West Curtiss Street and the
subject site, at the project property line.
20. The 14-foot alley right-of-way must be kept free and clear of any
. obstacles (other than the gate), including heavy snow, which
could impede emergency vehicle access. Should the Fire Marshal
determine that necessary access is not being maintained, he may
require the removal of the gate by the developer.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stueck and Mayor Vincent; those voting No being Commissioner
Stiff and Commissioner Frost.
03-20-95
.-.-. -.----.- ..__ _. __ _
...__..__.___n ..._.._._._
- 8 -
Decision (continued) - Conditional Use Permit for Planned Unit DeveloDment - to modify the
Walker Planned Unit DeveloDment to incorDorate an additional 23.064 acres - Tract A. COS No.
1498C. located in the SE%. Section 25. T1 S. R5E. MPM (1500 Reeves Road)
(Z-9483)
Senior Planner Skelton stated that during the previous agenda items, he called Mrs.
Nelson; and she apologized for not being present at the meeting. He then stated
she has
. indicated a willingness to accept the Commission's decision and asked that they proceed at this
time.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the Conditional Use Permit for a Planned Unit Development requested by
Susan Taylor Nelson, under Application Z-9483, to modify the Walker Unit Development to
incorporate an additional 23.064 acres located in Tract A, Certificate of Survey No. 1498C,
in the Southwest one-quarter, Section 25, Township 1 South, Range 5 East, Montana Principal
Meridian, subject to the following conditions:
1. That the applicant provide a one hundred (100) foot wide wildlife
habitat preservation easement along the East Gallatin River, that
the applicant provide documentation of the easement being
recorded and filed at the Gallatin County Clerk and Recorder's
Office, and that it be identified accordingly on the final site plan
. of the property, as well as referenced in the protective covenants
prior to final conditional use permit approval;
2. That the applicant outline and describe implementation of a
pedestrian circulation system for the Walker Property Subdivision
Planned Unit Development and applicant's subject property as
outlined in the Planning Staff's memorandum of March 2, 1995,
the applicant's implementation table of March 6, 1995, and
direction from the City Commission during the discussion of
March 6, 1995, outlining the installation schedule, typical cross-
sections, specifications and location of the pedestrian circulation
system as it relates to installation on each individual subdivision
lot and common open space area, and that it be graphically
delineated and described in the P.U.D. guidelines and protective
covenants for review and approval by the Planning Office prior to
final approval of the Conditional Use Permit;
3. That the applicants' proposed list of conditional uses not be
approved as part of this application for a conditional use permit,
with exception to the first five (5) land uses, which are already
listed as principal permitted uses in the "R-S",
Residential
. Suburban, Country Estates District;
4. That the homeowner's association protective covenants provide
a section and the appropriate language indicating that each
property owner may be subject to the cost of urban services at
the time the service(s) are provided to the area;
5. That the Assessment Section of the Association's Bylaws be
amended to include an assessment for installation, maintenance
and repair of the entire P.U.D. trail system for review and approval
by the Planning Office prior to conditional use permit approval;
03-20-95
- 9 -
6. That seven (7) copies of the Final Site Plan for the Plan Unit
Development which contains all of the conditions, corrections,
and modifications approved by the City Commission shall be
approved by the Planning Director within three (3) years following
the approval of the preliminary plan by the Bozeman City
Commission. Upon application and for good cause, the Planning
Director may administratively extend the period for filing a final
. site plan for two successive six-month periods.
Any additional
six-month extensions must be approved, if at all, only by the
Planning Board. The
final site plan shall comply with Section
1a.54.0aO.C of the Bozeman Zoning Ordinance, as printed in the
9-93 Codification of the Bozeman Municipal Code. The final site
plan must be approved prior to Final Subdivision Plat approval;
7. That applicants shall enter into an Improvements Agreement with
the City to
guarantee the installation of
required on-site
improvements at the time of Conditional Use Permit Final Site Plan
submittal. These improvements will include the construction of
the entire trail system and landscaping along the trail system
within three (3) years of the conditional use permit approval by
City Commission, or at the time of development of each individual
lot, whichever comes first;
a. That preliminary subdivision plat approval must be granted for
each phase of the development, with the final plat filed prior to
the sale of any residential lots.
A building permit will not be
issued for any new construction within the development until the
final plat is filed and until a public road is constructed and
accepted to serve the residential lot;
. 9. The right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed on the
Conditional Use Permit procedure;
10. That all of the special conditions shall constitute restrictions
running with the land use and shall be binding upon the owner of
the land, his successors and assigns; and
11. That all of the special conditions required by the City Commission
shall be consented to in writing by the applicants.
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.
Commission Resolution No. 3047 - authorize sale of $5 million general obliaation bond issue;
. set bond oDenina and sale for Avril 4. 1995
Included in the Commissioners' packets was a copy of Commission Resolution No.
3047, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO.
3047
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN,
MONTANA, RELATING TO $5,000,000 GENERAL OBLIGATION BONDS,
03-20-95
.------------...------ -------....-.----".---..- -- .....----
-.-..--.- .-. ... --.. -... -. -.----.. .. .--------
- 10-
SERIES 1995; AUTHORIZING THE ISSUANCE AND CALLING FOR THE
PUBLIC SALE THEREOF.
Mr. Gene Huntington, Dain Bosworth, financial advisor for the bond issue, provided
an overview of the' sale of general obligation bonds to fund identified transportation projects.
He stated that under adoption of this resolution, a special Commission meeting is set for April
. 4, at which time the bonds will be sold; and a final bond resolution is scheduled for adoption
on April 17. He characterized the last step as strictly procedural, noting that all of the
decisions are made in the earlier steps.
Mr. Huntington stated that, as the City's financial advisor, it is his responsibility to
ensure that the most responsive bids possible are received. He noted that this typically means
getting the lowest interest rate possible; and that is normally through a good bond rating by
a national firm or through purchase of insurance. He stated that creating of a competitive
environment, through advertising this bond issue on a national basis, should help to ensure the
most advantageous interest rates to the City.
Mr. Huntington distributed a sheet showing the recent rate trends on municipal bonds.
He noted that those trends show that current interest rates are slightly over 6 percent. The
. Belgrade sc.hool bond issue, in the amount of $5 million, recently sold at an average interest
rate of 5.92 percent. He stated there is a strong demand for good quality municipal bonds at
the present time; and that may help to attract lower interest rates.
Mr. Huntington reviewed the various options available for lowering interest, after
which he forwarded his recommendation that the City seek a bond rating and then provide an
option for the purchaser to acquire insurance, at his or her own expense. He noted that the
rating on the City's one outstanding general obligation bond issue is Baa1, as issued by
Moody's. He suggested that, given the state of the local economy and the City's financial
condition, he intends to begin the bond rating application immediately and seek a higher rating.
Mr. Gene Huntington stated that Bozeman will be the first community in the State to
. use a new provision in State statute which allows for submittal of a surety bond instead of a
cash deposit in conjunction with the bid. He stated that the bid opening is scheduled for 11 :00
a.m. on Tuesday, April 4. As soon as the bids are opened, the information from those bids will
be loaded into the computer, and an analysis run. A special Commission meeting is scheduled
for 12:15 p.m. on Tuesday, April 4, at which time the bid will be awarded.
03-20-95
.._~_ _n _ n ._.,_.,.~.. ~-_.._-_.. ---.-
..--.-. -- ...-. .. -.-.-..----.--- ---.-..--..--. .-.....- ---- .-....--.
- 11 -
Responding to Commissioner Stueck, Mr. Huntington stated there are additional
benefits to seeking a new bond rating. He noted that under the new EPA requirements for
closure of landfills, a good bond rating could help to reduce some of the costs or requirements.
Responding to Commissioner Stiff, Mr. Huntington stated that the rating agency does
. not issue a bond rating too far ahead of the bond opening. He then stated that process is on
track at the present time; and he anticipates the new bond rating will be issued by the middle
or end of next week. He noted that immediately upon issuance of the new rating, Moody's will
distribute the rating across the United States via wire.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission adopt Commission Resolution No. 3047, authorizing the sale of the $5 million
general obligation bond issue and setting the bond opening and sale for April 4, 1995. 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.
. Work session - settina of aoals for Fiscal Year 1995-1996
Acting City Manager Brey stated that a listing of goals, dated March 13, showing how
each of the Commissioners voted, was included in the packets. Also included in the packets
was an abbreviated listing of the goals in rank order, based on the total number of points each
goal received.
Commissioner Frost stated that, while he does not believe that these goals need to
be listed in priority order, he feels they could be broken into three categories, after every fourth
goal. He proposed that in the first group, the long-range plan for growth management be
moved to the top of the listing; and in the second group, the goals related to impact fees and
a critical lands policy be moved to the top. He noted that the listing in the third group could
remain as it is.
. Commissioner Frost further proposed that the language of the goal pertaining to
growth management be revised from "develop a long-range plan for growth management" to
"develop a long-range comprehensive plan for balanced growth". He suggested that under the
long-range statement, after the phrase "in concert with Gallatin County", the phrase "and in
communication with other communities" should be added. He also noted that reference to a
03-20-95
- -.-.. .. --..-.-..-.- -.....-. . ...__....__.____._____.____.._...u.
..__..._~__~____.__._._~.~_~~_.._ ..___J__.._.._.....,~..... n'n....,.n. '''~
- 12 -
"capital improvement budget" was not included in the statement and should be added. He then
forwarded his position that City government must control the future of Bozeman; otherwise,
it will be controlled by outside forces that don't always have the best interests of Bozeman in
mind.
. Commissioner Stiff stated his appreciation for Commissioner Frost's proposed
changes. He stated, however, that he continues to have concerns about the "1 DO-word
sentence" under the goal, and all of the different elements included in that statement. He then
stated that he believes "address needs in police and fire departments" is the No.1 priority goal
of the Commission, as evidenced by the listing. He reminded the Commissioners that the
Commission's first concern is for the health, safety and general welfare of the community. He
noted that, while the goal pertaining to growth management received three No.1 votes, its
total points was still greater than the total for police and fire.
Commissioner Frost stated that long-range planning does affect all of the City's
services and planning documents.
Commissioner Stueck stated he also supports the revised wording proposed by
. Commissioner Frost. He stated that he gave the goal pertaining to growth management a low
rating because of the first three lines under the long-range statement, which read "direct the
City-County Planning Board, supported by the Planning staff and/or a consultant". He stated
that with their current workload and the work plan which the Board has developed for next
fiscal year, he does not believe it is appropriate to add more work to that department. He
characterized this as a long-term goal, and he does not feel that the Commission should
mandate that the Planning Board or the Planning staff take on additional duties at this time.
He cautioned that to include a statement directing certain people to undertake certain activities,
even though it is listed under long range, can have the implication that something is to be done
immediately, particularly when three Commissioners have ranked it as their top priority.
Mayor Vincent stated that, in reality, the priority of the goals will be established
. during the budgetary process.
Commissioner Stiff cautioned, however, that one of the main budget tools is an
approved goal, citing the critical lands study as an example. He then indicated his support for
dropping the first phrases as suggested by Commissioner Stueck.
03-20-95
-----------
- 13 -
Mayor Vincent noted that this is the third straight year he has had the addition of
police officers as one of his top priorities; but neither the department nor the City Manager has
requested the additional officers.
Commissioner Youngman stated her support for dividing the goals into high-, medium-
. and low-priority categories, noting they have naturally split that way. She has tried several
statistical methods to determine the priority order of the goals; and in all the methods she tried,
the goal pertaining to growth management surfaced as the highest priority, with the impact
fees and critical lands study moving up one or two spaces. She noted the importance of having
a long-range plan for ensuring balanced growth, particularly in a fast growth period because
such a plan allows for careful consideration of the whole picture rather than just pieces of the
picture. She also indicated support for the revisions proposed by Commissioner Frost.
Mayor Vincent noted the Commissioners have worked for many hours on these goals
and, through cooperation and compromise, some of the goals have changed significantly to
meet the concerns that were voiced. He noted that some of the goals have short-range
elements which will be addressed during the upcoming fiscal year, while others have long-range
. elements that may just reach their beginning stages during the year. He reiterated that fact
that the budgetary process will further determine what work is accomplished on these goals.
Following additional discussion, which centered around the issues noted above, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission
adopt the goals for Fiscal Year 1995-1996, revised as follows: that the goals be divided into
three sections, with the growth management plan moved to the top of the first category and
impact fees and the critical lands study moved to the top of the second section; that the first
goal be revised to read "develop a comprehensive long-range plan for balanced growth"; and
that the narrative under the first goal be revised to read "Hold a Bozeman area town meeting;
and direct...", after "in concert with Gallatin County," add", and in communication with other
. communities., add .capital improvement budget. to the items listed, and after .with public
input", change the next phrase to read "begin to implement master plan, ...".
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission table action on adoption of its goals for Fiscal Year 1995-1996 until all of the
changes incorporated in the motion have been reduced to writing. The motion failed by the
following Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner
03-20-95
---- ---------
--- -. .---.-
- 14 -
Stueck; those voting No being Commissioner Frost, Commissioner Youngman and Mayor
Vincent.
The Commission then voted on the main motion; and the motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
. Youngman and Mayor Vincent; those voting No being Commissioner Stiff and Commissioner
Stueck.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
(1 ) Invitation from the Bozeman City Government Study Commission to attend
several scheduled presentations on the different forms of city government allowed under State
statutes.
(2) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated
March 17, 1994, regarding the SBA tree planting program, under which 40 new trees are to
. be planted under the 1995 grant. The memo also forwards a concern that the funding for this
grant may be cut in Congress.
Commissioner Frost suggested that the Commission direct staff to write a letter in
support of the tree planting program.
(3) Letter from Deb Berglund, 803 South Church Avenue, dated March 6, urging
the Commission to approve Mike Delaney's proposed project for the property at the corner of
North 7th Avenue and West Main Street.
(4) Letter from the northeast neighborhood, dated March 4, asking the
Commission to adopt specific limitations for their immediate area, which borders industrial
activities.
(5) Letter from Mary Gray, 1817 South Willson Avenue, dated March 10,
. addressing a number of issues and concerns.
(6) Letter from the National Arbor Day Foundation, notifying the City that it has
received the 1994 Tree City USA award.
(7) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, March 21, in the Commission Room.
03-20-95
--
- -- ..-- ..
---
- 15 -
(8) Agenda for the City-County
Planning Board meeting to be held at 7:00 p.m.
on Tuesday, March 21, in the Commission Room.
(9) Agenda for the Board of Adjustment
meeting to be held at 1 :30 p.m. on
Thursday, March 23, in the Commission Room.
. (10) Agenda for the County Commission meeting to be held at 1 :30
p.m. on
Tuesday, March 21, at the Courthouse.
(11 ) A list of the individuals
who will be serving on the urban renewal planning
committee.
The Acting City Manager asked the City Commission to appoint a representative to
serve on the Committee.
Commissioner Frost stated a willingness to serve; the Commissioners indicated
support for his serving.
(12) Commissioner Youngman asked
if a follow-up memo to last week's work
session should be sent to the County Commission, reminding them of the four steps to be
initiated regarding library funding. She then indicated a willingness to write such a memo, as
. the Commissioner liaison to the Library Board of Trustees.
The Acting City Manager stated that Library Director Cottrell has had several
discussions with the County Commissioners since last week's work session, and encouraged
Commissioner Youngman to contact him prior to writing any memo.
( 13) Commissioner Youngman
submitted the following. (1) Asked that at next
week's work session, the Commissioners develop a list of topics which they would like to
discuss during jOint work sessions with the County Commission. (2) Questioned why the
Commissioners are just receiving the letter dated March 4 from the northeast neighborhood.
(3) Attended the ad hoc cable television franchising committee meeting last week. (4)
Attended the Library Board of Trustees meeting last week.
(14) Commissioner Stiff submitted the following. (1) Stated that HB297 was
. forwarded with a committee recommendation for approval. Under this bill, approximately $15
million in excess State gas tax revenues is to be distributed back to local governments; and this
should result in an estimated $100,000 to the City of Bozeman. (2) Noted that the committee
interested in keeping the Montana Law Enforcement Academy in Bozeman had decided to
support the Governor's proposal to move all Academy operations and facilities to Helena, with
03-20-95
---...- --....,.- -...-
---... .---.-- - -
.. .-.-..--.-. -- .. - -_._~~ .. -.--------.-,- .___." .~..~. n
--~ .
- 16 -
the understanding that if that proposal was not approved, Bozeman would once again try to
maintain the MLEA in Bozeman. He noted that the progress of that proposal
through the
Legislature is being carefully monitored, so that the committee can step back into the picture
if necessary. (3) Questioned the topics which have been selected for the March
27 work
. session, and why the topics included on the list previously prioritized by the Commissioners
have not been included to date. (4) Stated that public comment received this week about City
operations and employees has been very uncomplimentary; and three people have indicated
they are ready to sue the City. He noted that these comments concern him, particularly when
construction of large projects is being delayed.
( 15) Commissioner Stueck
stated he has received telephone calls similar to those
referenced by Commissioner Stiff. He has forwarded the threat of lawsuits
to Acting City
Manager Brey; and a meeting has been set for later this week in an attempt to address some
of the issues' raised. He expressed concern that while constituents may be willing to call and
complain to individual Commissioners, they are not wining to step up to the microphone in open
Commission meeting and state their concerns for fear of retribution by City staff.
. (16) Commissioner Frost noted the
lighting that is being installed as a part of the
mall system on the University campus. He stated that, while the lights meet the zone code
requirements and are not bright, they provide a much greater visibility than the older lights on
campus; and that should result in improved safety for the students.
( 17) Mayor Vincent noted
that the elected officials often receive complaints about
what is actually an administrative issue. He suggested that the elected officials can address
those items through use of the situation reports, noting that responses from staff are generally
received in a very short period of time.
Consent Items
. Acting City Manager Brey presented to the Commission the following Consent Items.
Deviation from Section 18.50.050.F. to allow new aaraae eXDansion to
encroach 4 feet into reauired
1 a-foot rear yard setback - John
Robbins. 206 South 8th Avenue:
Der DRB recommendation
(Z-9521 )
Deviations from Sections 18.16.050 and 18.50.050.F. to allow addition to
home to encroach 5 feet into
reauired 20-foot rear yard setback
and to allow existina detached
garage to encroach 5 feet 8 inches
into reauired 1 O-foot rear
yard setback - Katherine and Dale
03-20-95
- - --.".. --..
._ ~ .__n___ ~-_. .-."
-- -.-..-.-.,.- --.... _.--,.~ .,.-. -~---,.~ --.-..-. ... ... -.- -'''~~-- - ----_........_~..__.._,~
- 17 -
Williams. 205 West Cleveland Street: Der DRB recommendation
(Z-9524)
ADplication for Beer and Wine License for Calendar Year 1995 - Sentinel
COrDoration (for Chalet Market. 2825 West Main Street)
A ward bid for ReDurchase Agreement - ADril 1. 1995 through March 31.
. 1996 - First Security Bank of Bozeman - Der bid submitted
Authorize Citv Manaaer to sian - Right-of-Wav Agreement for Parcel 5:
acknowledge receiDt of Warrantv Deed for Dortion of Parcel 5 - for
West Main StreetlWest Babcock Street/South 23rd Avenue
intersection realianment and signalization Droiect
Building InsDection Division reDort for February 1995
Claims
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions, The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner
Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
. Recess - 5:37 D.m.
Mayor Vincent declared a recess at 5:37 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
Public hearing - Commission Resolution No. 3045 - intent to imDlement a 12% increase in
wastewater rates. effective Mav 1. 1995
This is the time and place set for the public hearing on Commission Resolution No.
. 3045, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3045
A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA,
ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED TWELVE
PERCENT (12%) INCREASE IN THE WASTE WATER (SEWER) RATE
CHARGED TO CUSTOMERS OFTHE MUNICIPAL WASTE WATER (SEWER)
SYSTEM.
03-20-95
------.. -. -
- 18 -
Mayor Vincent opened the public hearing.
Administrative Services Director Gamradt presented the staff report. He stated that,
on an estimated $9 monthly residential wastewater bill, the proposed 12-percent increase will
mean an additional $1.08. He stated the primary reason for this increase is the
Bozeman
. Solvent Site, which is located at the Buttrey Shopping Center. He noted that, to date, the City
has expended approximately $1.2 million, $772,000 of which has been in this fiscal year. The
City has received $260,000 in reimbursements from insurance companies; and some additional
reimbursement is anticipated as the clean-up process continues.
The Administrative Services Director stated that the 12-percent increase in rates
will
generate an estimated $168,000 annually. The staff recognizes that this increase in rates will
not cover the expenditures incurred for the Bozeman Solvent Site; however, staff has
considered the alternative of seeking higher rates through the Public Service Commission and
determined that 12-percent annual increases at the local level is the better alternative.
The Administrative Services Director stated that at the present time, there are no
outstanding bonds for the Wastewater Fund; therefore, there are no bond covenant issues to
. be considered in light of the negative cash flow.
Administrative Services Director Gamradt noted that a question has arisen about
whether no rate increase has been proposed in the water rates because of the extraordinary
increase in the wastewater rates. He explained that no water rate increase has been proposed
because the Water Fund is financially sound; and the bond covenants are being met under the
current rate structure.
At Commissioner Stueck's request, City Attorney Luwe reviewed the insurance
coverages through which the City is currently receiving reimbursements for the Bozeman
Solvent Site. He stated that if the State accepts the City's proposed plan for remediation, the
City can expect $140,000 in costs for removing the old sewer line, including the hot spots of
contamination; installation of an SVE system, at an estimated cost of $81,000; annual
. operations and annual maintenance costs of $33,000; and well monitoring at a cost of
$29,000 annually. He stated that, hopefully, those expenses will continue for only two to five
years. He then cautioned that as the time for litigation approaches, fees for legal services will
rise to an estimated $14,000 per month. He indicated that the City will also pursue recovery
of some of these costs from Jewel Food, which is the owner of the Buttrey Shopping Center.
03-20-95
..- - -.-. .". --..-..
--..-
...- - - ~
- 19 -
Responding to Commissioner Stueck, the Administrative Services Director stated that
the City has not pursued the possibility of deferred payment to the State. He noted that at the
present time, the City has sufficient funds, through borrowing internally, to pay the invoices;
and he does not wish to incur additional interest expenses to the State for delayed payments.
. Responding to questions from the Commission, Administrative Services Director
Gamradt cautioned that care must be taken when increasing wastewater rates in response to
the extraordinary expenses incurred at this time to ensure that the rates are not set so high that
when those expenses no longer exist, the rates generate an extra large excess of revenues.
Responding to Commissioner Frost, the Director stated that the Bozeman Solvent Site
should not impact the maintenance program currently in place. He noted, however,
that
purchase of capital items may be delayed for two or three years, in light of the existing
negative cash flow.
Mayor Vincent noted that, even though the City did not put the chemical pollutant
into the system, it is still paying the costs; and those costs are being borne by the Wastewater
Fund. He then asked staff to state the reasons why the City is responsible for paying the
. costs.
City Attorney Luwe stated that two federal laws, CRCLA and CECRA, and State laws
which parallel those federal laws require that the transporter of hazardous materials is jointly
and severally liable for contamination problems. He stated that since it is the City's sewer line
into which the contamination was dumped, the City is held jointly liable. He further noted that,
since Jewel Foods owns the property, they are jointly liable as well, even though they did not
dump the hazardous materials into the sewer line either. He then stated that since a sewer line
is involved, City staff made the determination that the Wastewater Fund, and its ratepayers,
should bear the costs. He noted that the other option available was to pay the costs from the
General Fund, through the property tax revenues.
Ms. Jennifer Smith Mitchell, 122 South Church Avenue, stated her home is served
. by an old 6-inch clay sewer line which was installed in approximately 1910. She stated that
City crews have begun to clean that line on a more frequent basis over the years, with cleaning
now occurring more than once a month. She expressed concern that this line may collapse and
asked how the costs of replacing that line will be covered.
03-20-95
-."..
- 20-
Administrative Services Director Gamradt stated that each year, monies are included
in this budget for maintenance and replacement of sewer lines. He noted that those
monies
will continue to be set aside, even with the extraordinary costs being encountered;
and the City
will address any problems that might arise.
. Included in the Commissioners' packets were comments in opposition to the proposed
12-percent increase in wastewater rates from Rolf Johnson, 1218 Durston Road, and
Mary
Gray, 1817 South Willson Avenue.
Commissioner Youngman stated that, while she is concerned about the amount of
increase under consideration, she recognizes the need to respond to the costs of
clean-up that
are being incurred. She then indicated an interest in ensuring that the special testing
of old
sewer lines be conducted this spring, so the City is aware of existing or potential
problems with
those lines.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
. the Commission authorize and direct staff to prepare and bring back a resolution implementing
the proposed 12-percent increase in wastewater rates for action at the next regular
meeting.
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 hearing - Conditional Use Permit - Doug Rand for Best Western GranTree Inn
- demolish
~xisting Conoco station and construct new Conoco station with convenience. food service
and
second level office space: deviation from Section 18.50.020.C.1.b - to allow canaDY
roof to
exceed 18-foot height limitation bv 3 feet 7 inches - Lots 3 and 4. Block 1. and
Lot 1. Block
2. Tange's Addition (1417 North 7th Avenue)
(Z-9509)
This is the time and place set for the public hearing on the Conditional Use Permit
as
requested by Doug Rand for Best Western GranTree Inn, under Application No. Z-9509
to allow
. demolition of the existing Conoco station and to allow construction of a new Conoco station
with convenience store, food service and second level office space on Lots 3 and
4, Block 1,
and Lot 1, Block 2, Tange's Addition. An attendant deviation from Section 18.50.020.C.1.b.,
to allow a canopy roof to exceed the 18-foot height limitation by 3 feet 7 inches
is also being
sought. The subject is site is more commonly located at 1417 North 7th Avenue.
03-20-95
-- - -- - --.
--- --
.. ---"_...-_.~~---,, ---,.... --- .._._~,-,--~_... ~ ....., ~__,. .'__..___ ______. _,.u ____
- 21 -
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Dale Beland presented the staff report. He stated
that under this application, the existing gasoline station is to be demolished and replaced with
a new, much larger gasoline station/drive-in and sit-down food service/convenience store with
. second floor office space. He stated a 5-pump island service area, with detached canopy, is
to be installed in front of the building. In conjunction with this application, the paved area is
to be renovated and landscaping areas installed. The existing two driveways from North 7th
Avenue and the one existing driveway from Baxter Lane are to remain, but will be significantly
narrowed through the installation of new curbing and landscaping. Also, in conjunction with
this application, Baxter Lane is to be realigned at its intersection with North 7th Avenue, and
through the addition of curb and gutter, Baxter Lane will be narrowed to ensure more structured
turning maneuvers.
The Associate Planner stated that the Development Review Committee and the Design
Review Board have reviewed this application and forwarded their recommendations for
approval. He noted that the applicant has requested that the canopy height be 19 feet plus a
. 7-foot-3-inch high pitched roof form. He cautioned that the maximum height for a canopy is
18 feet under the code; and a 20-percent deviation would allow an additional 3 feet 7 inches,
for a total height of 21 feet 7 inches. He indicated that the roof forms and roof materials are
to be the same as those on the recently-remodeled GranTree Inn.
Associate Planner Beland stated that existing signage for the existing site includes a
rather large non-conforming freestanding sign which is not located on the subject lot and which
is subject to October 1995 amortization under the Sign Code.. He suggested that, as a
condition of approval of this application, the signage plan for the entire site be referred to staff
for review and approval, to ensure that it meets code requirements.
The Associate Planner stated that landscaping is proposed along the frontage of this
parcel, some of which will lie within the public right-of-way. He cautioned that, since North
. 7th Avenue is a State highway, the Montana Department of Transportation stipulation that only
low vegetation be allowed will apply to landscaping in that area.
Mr. Doug Rand, architect representing the applicant, stated concurrence with the staff
presentation and indicated a willingness to respond to questions.
03-20-95
.-,. --
-. ._......__._--~". '.~.._'~.~...., _.._-_....~_.._._--
...---.-..-.-.- .-..-.
- 22 -
Responding to Commissioner Frost, Mr. Rand stated that the final lighting plan for the
site has not yet been prepared. He then indicated his intention to work with staff to ensure
that the proposed lighting on the site meets the zone code requirements.
At Mayor Vincent's request, the Associate Planner reviewed the changes to be made
. to Baxter Lane at its intersection with North 7th Avenue. He noted that those changes will
result in improved traffic flow at the intersection, which is relatively close to the off-ramp from
the interstate. He indicated that the installation of traffic signals on North 7th Avenue at the
interchange and the opening of North 19th Avenue, which are scheduled for later this summer,
should also enhance the decreased traffic flow in that immediate area.
Responding to Mayor Vincent, Mr. Carl Solvie, applicant, stated that installation of
a new water line is scheduled to begin this week; and he hopes to have the new store done
by July 1, 1995.
No one was present to speak in opposition to the requested Conditional Use Permit.
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 Youngman, seconded by Commissioner Stiff, that the
Commission approve the Conditional Use Permit as requested by Doug Rand for Best Western
GranTree Inn, under Application No. Z-9509 to allow demolition of the existing Conoco station
and to allow construction of a new Conoco station with convenience store, food service and
second level office space on Lots 3 and 4, Block 1, and Lot 1, Block 2, Tange's Addition, and
the attendant deviation from Section 18.50.020.C.1.b., to allow a canopy roof to exceed the
18-foot height limitation by 3 feet 7 inches, subject to the following conditions:
1. The final site plan (FSP) shall be accurately dimensioned;
2. All water and sewer lines, both existing and proposed, must be
. sized and shown accurately on the final site plan;
3. All water and sewer mains, service lines, and easements (both
existing and proposed) must be shown on the final landscape
plan;
4. All fire hydrants within 500 feet of the site must be shown on the
final site plan;
03-20-95
- 23 -
5. Accurate, dimensioned details of the domestic water meter
location and fire service riser locations on the inside of the
building must be shown on the final site plan;
6. Plans and specifications for proposed water main extension,
sewer and/or storm sewer main extensions, public and/or private
streets (including curb, gutter and sidewalks) must be prepared by
. a Professional Engineer licensed in the State of Montana. Plans
and specifications must be submitted for review and approval to
both the City Engineer and the State Department of Health and
Environmental Sciences. Applicant must also provide Professional
Engineering service for construction inspection, post construction
certification and preparation of mylar record drawings. Specific
comments concerning the existing and proposed infrastructure
shall be provided at that time. Construction shall not be initiated
on the public infrastructure improvements until the plans and
specifications have
been approved and
a pre-construction
conference has been conducted;
7. The applicant is encouraged to route surface storm drainage to the
landscaped swale at the intersection of North 7th Avenue and
Baxter Lane, to filter and reduce pollution;
8. The drive approaches shall be constructed in accordance with the
City's standard approach detail (i.e., concrete apron, sidewalk
section, and drop-curb) and shall be shown on the FSP.
A City
Curb Cut and Sidewalk Permit shall be obtained prior to FSP
approval. The two driveways fronting North 7th Avenue shall be
constructed to 32-foot maximum width.
The two driveways
. fronting North 7th Avenue and the driveway on Baxter Lane shall
be constructed at a constant width with minimum 15-foot radius
curb returns;
9. The applicant shall construct City standard curb/gutter and
sidewalk along the full frontage of the proposed project, i.e.
extending from the southerly easement to the Days' Inn, to the
northerly property line on Baxter Drive. All improvements to be
constructed within the public ROW shall be approved by the City
Engineer and the Montana Department of Transportation;
10. Any floor drains proposed for the building interior shall be shown
on the FSP. Floor drains located in a vehicle accessible area shall
be provided with a City standard grit/oil separator approved by the
City Engineer and a detail thereof shall be included on the FSP;
11. Adequate snow storage area must be designated outside the site
triangle, but on the subject property (unless a snow storage
easement is obtained for an offsite location and filed with the
County Clerk and Recorder);
. 12. Drive approaches and public street intersection sight triangles shall
be free of plantings which, at mature growth, may obscure vision
within the triangle;
13. A sewer service sample manhole shall be provided on the sewer
service. Location shall be identified
on the FSP and a detail for
the unit shall be provided and approved by the City Engineer;
14. An occupancy permit must be obtained from the Montana
Department of Transportation for location of water and sewer
mains within the Department's right-of-way;
03-20-95
- -
----- .---- -".- .
.-- - -
- 24-
15. The applicant shall install and maintain a trash/debris rack at the
inlet on Baxter Lane;
16. Fire service line for building can be designed as part of the water
main extension plan, but must be pressure tested separate from
the water main extension;
17. Application for service for domestic, fire, and sanitary sewer
. service must be made by the applicant at the Engineer's Office at
the Carnegie Building;
18. Final site plan must show proposed water main extension and 30-
foot water main easement;
19. Water main extension should be installed, tested and accepted
prior to issuance of building permit;
20. A fire sprinkler system shall be installed as required by UFC Article
10, Sections 507 and 508. Sprinkler design and installation shall
meet the requirements of the appropriate section of the UBC
Standards and NFPA 13.
Plans and specifications shall be
submitted to the Fire Marshal for review and approval prior to
construction. Acceptance
tests shall be as outlined in the
Bozeman Fire Department's standard for sprinkler system review
and acceptance;
21. The owner shall purchase and install a Knox Box key box for the
sprinkler system. The installation shall be as outlined in the Fire
Department's Access System Standard;
. 22. Plans and specifications for the fire service line must be prepared
in accordance with the City's Fire Service Line Policy by a
Professional Engineer, be submitted to the City Engineer for
review and approval prior to initiation of construction of the fire
service or fire protection; and the applicant must provide
Professional Engineering services for construction inspection,
post-construction certification, and preparation of mylar record
drawings;
23. Plans for the underground gasoline piping and fuel storage tanks
shall be submitted to the Fire Marshal's Office for review and
approval prior to installation.
All necessary permits shall be
obtained and kept available for review on site at all times work is
being done;
24. A temporary form of the street address shall be displayed at all
times during construction of the building, and a permanent
address shall be displayed upon completion of the development;
25. The Stormwater
DrainagelTreatment Grading Plan
and
. Maintenance Plan must be provided on the final site plan and
approved by the City Engineer prior to final site plan approval;
26. Nine (9) copies of the final site plan containing all of the
conditions, corrections
and modifications
required by the
Development Review Committee and the Design Review Board
shall be submitted for review and approval by the Planning
Director within six months of the date of DRC approval. Signed
copies shall be retained by the City Planning, Building, Street/
Sanitation, Water/Sewer, Engineering and Fire Departments; and
one copy shall be retained by the applicant;
03-20-95
--." - .. -- . -------
. --"- -- __u
......
---~-_._------_._--
_ ..~..______.._._....._.m_____ --
-. .--- - -.-. -----.-.
- 25 -
27. The applicant shall enter into an Improvements Agreement with
the City at the time of final site plan submittal to guarantee the
installation of required on-site improvements.
Detailed cost
estimates, construction plans and methods of security shall be
made a part of that Agreement;
28. A building permit must be obtained prior to the work, and must be
. obtained within one year of final site plan approval.
Building
permits will not be issued until the final site plan is approved.
Minor site surface preparation and normal maintenance shall be
allowed prior to submittal and approval of the final site plan,
including excavation and footing preparation, but no concrete may
be poured until a building permit is obtained;
29. If occupancy of the structure is to occur prior to the installation
of all
required on-site improvements,
the Improvements
Agreement must be secured by a method of security equal to one
and one-half times the amount of the estimated cost of the
scheduled improvements not yet installed.
Said method of
security shall be valid for a period of not less than 12 months;
however, all on-site improvements shall be completed by the
applicant within nine months of occupancy to avoid default on the
method of security;
30. Within 60 days of final completion of all site work, the applicant's
licensed architect or engineer overseeing the project shall certify
to the Bozeman
City-County Planning Department that all
improvements have been completed in accordance with the
approved final site plan;
. 31. The applicant shall apply for sign permits from the Building
Department prior to the installation of any on premises signs;
32. The final landscape plan shall be revised to include additional
larger scale trees and more coniferous trees, subject to staff
review and approval;
33. In accordance with Design Objectives Plan Guidelines B.7 (All
Corridors), use of the bright colors shall be limited to accents.
Color samples for the proposed awnings and signs shall be
submitted to the Planning Director for approval;
34. Project signage shall
be adjusted to meet sign
ordinance
requirements. Details of signage illumination and materials shall
be submitted for staff review and approval;
35. Details of all proposed onsite lighting shall be submitted for staff
approval as to conformance with the zoning ordinance;
36. The parcel boundaries shall be adjusted to meet required yard
. setbacks, and a parcel map shall be recorded prior to issuance of
a building permit;
37. The right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed by the
Conditional Use permit procedure;
38. All of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land,
his successors or assigns;
03-20-95
_.._....____._._._u..
------.-------
- 26 -
39. All conditions specifically stated under any conditional use listed
in this title shall apply and be adhered to by the owner of the land,
successors or assigns; and
40. All of the special conditions shall be consented to in writing by
the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent;
those voting No, none.
Adiournment - 7:43 p.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:
~tu~
Clerk of the Commission
.
03-20~95
----