HomeMy WebLinkAbout1994-12-19 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 19, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, December 19, 1994, 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 - December 12. 1994
Commissioner Frost stated that a review of the minutes on the agenda item pertaining
to temporary closure of Perkins Place reflected that there was no discussion about who would
. bear the costs of installing the barricade. He noted, however, that
the minutes from the
meeting of May 31 reflect that Mr. Svehla had offered to bear the costs of the installation of
the barricade rather than going back to his neighbors and asking that they participate in the
costs. The Commissioners concurred that this was their understanding as well.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the regular meeting of December 12, 1994, 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.
Mayor Vincent deferred action on the minutes of the regular meetings of September
6, September 12, October 3, and October 17, 1994 to a later date.
.
Exit Conference for audit for Fiscal Year 1993-1994 - VeltkamD. Stannebein & Bateson
Ms. Stefeni Freese, representing Veltkamp, Stannebein & Bateson, presented the audit
for Fiscal Year 1993-1994. She characterized the auditors' opinion, which is contained
on
Page 19 of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 1993-1994 as
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a clean opinion. She stated that the general purpose financial statements present fairly, in all
material respects, the financial position of the City as of June 30, 1994, in conformity with
generally accepted accounting principles.
Ms. Freese stated there are a few changes in the structure of this document from
. those of past years. These changes include the incorporation of the Parking Commission
activities into the City's financial statements, as a result of new policies adopted by the
Government Accounting Standards Board (GASB). She noted that the amount reflected under
the arbitrage rebate payable has been reduced from $19,000 to $760 because the City filed
a tax statement in 1994. She noted that this process is required for any bond issue over $5
million, and pertains to the City's water revenue bonds. She stated that a footnote has been
added to reflect the fact that the revenues from the City's water fund have been pledged as
collateral for SID No. 656. Also, the issuance of private activity bonds for a new building at
MSU has been identified in the footnotes. She emphasized the fact that these private activity
bonds have no impact on the City's financial picture, and the City is not legally responsible for
them; however, they are issued in the City's name.
. Ms. Freese then stated that the largest change has been the inclusion of closure and
post-closure costs for the landfill. She noted that the Sub-Title D regulations
recently
implemented by the Environmental Protection Agency mandate that a landfill be monitored for
thirty years after closure; and new accounting changes mandate that the liability for those
closure costs be booked while the landfill is in operation, based on the percentage of the landfill
which has been used. She stated that, based on the landfill being at approximately 63 percent
of capacity, a liability of $1.76 million has been booked in Fiscal Year 1994.
Ms. Stefeni Freese briefly highlighted the single audit section of the document, noting
that these audit reports are required by the Department of Commerce and the GAD. Included
in that section is a report on the internal control structure, concentrating on the City Court.
She briefly reviewed some of the issues identified, recommending that the internal controls be
. tightened to avoid potential problems.
At City Manager Wysocki's request, Ms. Freese reviewed the bond coverage
requirements for the water revenue bonds. She stated that under those covenants, the water
revenues must be equal to 1.25 of the operations costs. She noted that a review of the bond
coverages on Page 133 reflects the volatility of the revenues and coverage in this fund. She
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cautioned that, while the coverage for Fiscal Year 1992 looked good, at 1.74, that coverage
dropped dangerously low, to 1.28, for Fiscal Year 1993. She encouraged the City staff
and
Commission to monitor these figures closely, on an annual or even a quarterly basis.
Commissioner Stiff stated the Audit Committee has forwarded two separate
. recommendations for Commission action. The first recommendation is that the Commission
accept the audit report, and the second recommendation is that the Commission authorize and
direct staff and the Audit Committee to undertake the process of seeking proposals for audits
for future fiscal years.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission accept the audit report for Fiscal Year 1993-1994. 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 authorize and direct staff and the Audit Committee to undertake the process of
seeking proposals for conducting the audits for upcoming fiscal years, with a recommendation
. for selection of a firm to be forwarded to the Commission upon completion of the process. 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.
ReQuest for delav of Dublic hearing on reQuest for modification of conditions for aDDroval of
aDDlication for annexation of 147.23 acres - reQuested bv Citizens to Save ODen SDace for
Bozeman. Inc.
Included in the Commissioners' packets was a letter from Terry Lonner, Chairman of
the Board of Directors for the Citizens to Save Open Space for Bozeman, Inc., (50S) dated
December 14, 1994, requesting that the public hearing on the request for modification of
conditions for annexation of 147.23 acres located along the north side of Goldenstein Lane and
. east of South Third Avenue be delayed to January 17, 1995.
City Attorney Luwe cautioned that approval of this request would represent the first
time the Commission has delayed a public hearing at the request of an individual or group. He
further cautioned that if this request is approved, then similar requests in the future should
receive similar consideration. He reminded the Commissioners that the option for submitting
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written comment remains, even if some of the individuals involved in this group are unable to
attend the public hearing, which is scheduled for January 3, 1995. He noted that the
Commission also has the option of opening the public hearing and accepting testimony on
January 3, then continuing the public hearing to January 17 if it so chooses.
. City Manager Wysocki quoted one of the sentences from the letter submitted by SOS,
which reads "Your decision on this alarming proposal to annex a large tract of land despite the
County Commissioners opposition ..." He reminded the Commissioners that the County
Commissioners acted only on the master plan amendment, and that they have no decision-
making authority in the annexation process. He further noted that a conversation with one of
the County Commissioners who voted against the master plan amendment revealed that she
has no problem with annexation of the subject property.
Commissioner Stueck recognized the precedent that approval of this request could
set.
Mayor Vincent stated his support for approving this request. He recognized the City
Attorney's comments and cautions; however, he noted there is no guarantee that the
. Commission will continue the public hearing to January 17 if it is opened on January 3. He
stated that, by considering this type of request on a case-by-case basis, he feels that in those
situations where legitimate extenuating circumstances exist, approval of a requested delay can
be granted. He noted that the Commission typically grants requests for continuance of public
hearings when submitted by applicants, and he feels that concerned citizens should be afforded
the same opportunity.
Mayor Vincent noted that in this situation, the City Commission made a decision on
the requests for annexation, master plan amendment and zone map amendment; however, the
County Commission made a different decision on the master plan amendment. He
characterized the request for modification of the conditions for annexation as a new application,
making this an exceptional situation. He stated this issue is important not only to the neighbors
. but to all of Bozeman. He noted that the Christmas season makes it difficult for people to have
an opportunity to respond to this type of issue and reiterated his interest in granting the granted
extension.
Commissioner Youngman stated her support for maximizing citizen participation;
however, she also feels that the importance of acting in a timely manner must also be
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considered. She then noted that the public hearing was set for three weeks from the
date
when the Commission acted on the request for reconsideration by setting a public hearing. She
stated that, despite the holidays, the City continues to function; and she feels it is imperative
that the Commission move forward on this issue.
. Commissioner Stiff stated the Commission has responded to the 50S group's
attorney's request by setting a public hearing on this issue; and it has been advertised. He then
stated support for moving forward with the public hearing as scheduled.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission deny the request that the public hearing on the modification of conditions for
annexation of 147.23 acres located along the north side of Goldenstein Lane and east of South
Third Avenue be delayed to January 17, 1995. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and Commissioner Stueck; those voting No being Mayor Vincent.
Staff reDort - reauest for modification of Condition Nos. 18 and 19 for Courtvard Cottages
Subdivision - Ileana Indreland on behalf of herself and Diamond Productions. Inc.
. Included in the Commissioners' packets was a memo from Assistant Planning Director
Arkell, dated December 14, 1994, forwarding staff comments regarding the request for
modification of Condition Nos. 18 and 19 for approval of the Courtyard Cottages Subdivision.
Planning Director Andy Epple reviewed the contents of the memo. He stated that the
conditions for approval of the preliminary plat for Courtyard Cottages Subdivision, which is
located at the southeast corner of the intersection of Ferguson Avenue and Durston road,
include the following:
18. That Montana Fish, Wildlife and Parks Department shall be
contacted by the applicant regarding any relocation or tubing of
the stream along Ferguson Avenue.
Documentation of the
Department's requirements shall be submitted prior to plan and
specification approval. The stream
shall be piped with the
development of Ferguson Avenue unless the developer submits a
. request to relocate the stream onto their private property. If the
developer wishes to relocate the stream, they must contact the
Montana Fish, Wildlife and Parks Department and follow all
Department requirements; and
19. Written permission from the Farmer's Canal Ditch Company shall
be obtained with regard to any tubing or relocation of the stream.
Written permission from the irrigation ditch owner (probably
Farmer's Canal Company) shall also be provided for the proposed
irrigation ditch relocation prior to plan and specifical approval. An
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easement for the ditch relocation must be shown on the plat. A
1 Q-foot maintenance easement shall be provided on each side of
the ditch.
The applicant has requested modification of these conditions because the Soil
Conservation Service has denied the applicant's request to tube the stream within the Ferguson
. Avenue corridor. He reminded the Commission that at the present time. the open stream is
located in approximately the center of the Ferguson Avenue right-of-way. Under the conditions
of approval, this stream is to be either relocated onto the subject subdivision or tubed, so that
it is not an open watercourse within the public right-of-way.
Planning Director Epple stated that relocation of the stream within the subdivision
should result in redesign of the subdivision, so that it becomes an integral part of the amenities.
He cautioned that if the ditch is simply relocated to the west edge of the property, the lots
must either be reconfigured along that edge or the applicant will need to seek a variance to the
35-foot streambank setback because there is not adequate space on the existing lots to provide
that setback. The Planning Director concluded by forwarding staff's recommendation that the
conditions should remain as originally established.
. Responding to Commissioner Frost, the Planning Director stated he believes the
opportunity to tube the stream still exists. Further responding to the Commissioner, he stated
that, because the stream currently lies within the public right-of-way, he feels it might be
possible to allow the stream to remain within the public right-of-way. He emphasized the fact
that since it is located in the middle of the right-of-way, however, it must be relocated if it is
to remain open.
Responding to questions from Commissioner Stueck, the Planning Director stated that
staff is concerned about the increased liability which could be encountered as a result of
developing Ferguson Avenue from its current gravel status to a paved standard with sidewalks,
particularly since it is designated as a collector street and is anticipated to carry a substantial
volume.
. Commissioner Stueck noted that one of the conditions for approval of Valley
Commons Subdivision was that PC Development provide improvements to Ferguson Avenue
from Huffine Lane to Durston Road, including 15 feet of asphalt mat along that portion of
Ferguson Avenue between West Babcock Street and Durston Road to upgrade it from local
street standard to collector standard. He noted that this additional asphalt mat is to be installed
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in conjunction with development along either the east side or the west side of Ferguson
Avenue, so it is not necessarily tied to the subject subdivision. He then expressed concern
these two conditions would result in placing that requirement on another developer; and
questioned whether that can be legally done.
. Planning Director Epple responded that relocation of the ditch will occur in conjunction
with development of this subdivision. Otherwise, it will remain in the public right-of-way.
Mr. Rick Kerin, Kerin and Associates, consulting engineer representing the applicant,
distributed copies of proposals for relocation of the stream. He noted that copies of these
plans had been submitted with the original request when it was submitted to the Commission
in November.
Mr. Kerin stated that none of the plans submitted during the preliminary plat review
process showed the stream on Courtyard Cottages Subdivision property. He stated that,
because of the attention which he was paying to more important issues through that process,
he did not object to the conditions imposed on the stream. He noted that the application was
submitted for a 310 permit to tube the stream, expecting it to be approved because the stream
. is already tubed between Huffine Lane and West Babcock Street. He stated that if the stream
is relocated to the Courtyard Cottages property, the developer will lose the ability to develop
eighteen to twenty lots, or the subdivision would need to be reconfigured. He stated another
option would be to seek relaxation of the setbacks, either in the rear yard or in the side yards.
Mr. Kerin stated that Option 8, as contained in the proposals previously submitted,
is the applicant's preference. He stated that it is the applicant's intent to seek permission to
run stormwater into that stream, after appropriate detention, noting that this will eliminate the
need for extensive piping. He recognized the City's concerns about the liability issues, noting
the applicant is willing to provide a hold harmless agreement and assume responsibility for the
stream even though it is not on their property. He stated it is their preference to keep the
stream open and use it as an amenity to the subdivision.
. Planning Director Epple stated that staff does not believe that all opportunities for
tubing or relocation of the stream have been adequately explored with the Soil Conservation
Service.
Mr. Kerin reiterated that the applicant does not wish to tube the stream, particularly
since it would cost an estimated $175,000 to do so. He further reiterated that the applicant
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wishes to use the stream and attendant greenbelt as an enhancement to the subdivision.
City Manager Wysocki quoted from Mr. Kerin's letter to the Department of Fish,
Wildlife and Parks, dated October 18, 1994, in which he wrote"... I ask that you respond on
this matter and support leaving the stream in it's current channel, with some minor alignment
. modification. If it's absolutely required to place the stream on private property I ask you and
the Conservation District to support a narrower stream setback to say 20-feet from the City's
required 35-foot stream setback."
Mr. Kerin stated that the DepartrTJent of Fish, Wildlife and Parks indicated a
willingness to work with the applicant to relocate the stream, as long as it is done in a
responsible manner in which the riparian corridor is enhanced and improved. He stated this is
a very small stream; and would provide no threat to adjacent development.
Responding to questions from the Commission, Planning Director Epple stated that
the Commission could consider a request for variances to the setback requirements if such an
application is made. He then forwarded staff's position that if the stream is to be considered
an amenity to the subdivision, then the subdivision should be planned around it rather than
. shoved against the back lot lines of those properties along Ferguson Avenue, which requires
a complete redesign of the subdivision.
Responding to the City Manager, the Planning Director stated that if the Commission
is willing to allow the stream to remain in the right-of-way, behind the sidewalk, then the next
step should be to direct the Engineering Department to come back with a preferred design
which meets the parameters established by the Commission.
Responding to questions from Commissioner Stueck, City Attorney Luwe stated that
considering who will assume the liability for certain items is an issue which is appropriately
addressed in the subdivision process. He further reminded the Commission that considering
what is best for the community as a whole is a critical item to be considered as well.
Responding to questions from Commissioner Frost, the City Attorney stated that
. placing the decisions about the alignment of the stream in the hands of the Farmers' Canal
Company is not appropriate; however, in this instance, the decisions have remained in the
Commission's hands.
Responding to Commissioner Stiff, Mr. Kerin stated that the lots in the subdivision
average 7500 square feet in size, with the smallest being around 6500 square feet. He then
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stated that, because of the shapes of many of the lots along the cul-de-sac streets, it is not
possible to decrease the size of those lots and yet retain a sufficient building envelope.
Commissioner Frost stated that during review of the preliminary plat application, it
was his impression that both the City and the developer wished to have the stream tubed
. because of the liability issues. He then stated that his preference is to have the stream located
on the applicant's property to avoid any potential liability to the City because of being located
in the public right-of-way.
Commissioner Youngman stated her preference for leaving the stream open,
characterizing ditches as a part of the community's history. She then stated a willingness to
relocate the stream as close to the edge of the public right-of-way as possible, while
maintaining as close to a 35-foot streambank setback as possible.
Commissioner Stiff stated an interest in hearing from the City's Engineering
Department prior to making a decision.
Planning Director Epple reminded the Commission that the setback from Ferguson
Road is 25 feet. He then suggested that the Commission may wish to direct staff to provide
. advice on an acceptable relocation of the stream prior to taking action on this request for
modification of conditions.
Mayor Vincent stated the Commissioners seem to be generally looking at Option B
in a favorable light; however, he agrees that more input is needed from the Engineering staff.
He then noted the stream which runs along the sidewalk at the High School. He noted it
attracts people; and with the rocks which create falls and pools, it is a real asset to that area.
City Manager Wysocki stated that to establish a 10-foot corridor within which the
stream may meander will result in a more attractive waterway than a straight line waterway.
Mr. Kerin stated that, while he is willing to consider alternatives which make the
stream corridor more attractive, he wants to avoid anything that causes impoundments or flows
of water more than twelve inches deep, since that could create a hazard for small children.
. Planning Director Epple requested that staff be given four weeks to prepare a
recommendation for Commission consideration.
Responding to Commissioner Stueck, City Engineer Brawner stated it might be
possible to allow drainage into the open stream, provided appropriate on-site detention is first
utilized.
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Mayor Vincent requested that this item be placed on the January 17 agenda for
further consideration.
Continued discussion - Dossible chanae of Commission meetina schedule: Commission
Resolution No. 3036 - adoDtina revised meetina schedule
. Included in the Commissioners' packets were a memo from Clerk of the Commission
Sullivan, dated December 14, and a copy of Commission Resolution No. 3036, as approved the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 3036
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REVISING THE SCHEDULE OF MEETINGS OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN.
Mayor Vincent noted that the memo and attendant resolution contain a revised
meeting schedule, as requested by the Commission at last week's meeting. He noted that
under this revised schedule, regular sessions and public hearings will be held on the first and
third Mondays, with work sessions and agenda meetings scheduled for the second and last
Mondays of the month. He further noted that Planning Director Epple has requested that
. enough flexibiliw be maintained to allow for action on a preliminary plat in lieu of the work
session to meet the sixty-day time limit if necessary.
The Commissioners indicated support for the revised schedule, recognizing that if it
does not work well, they have the ability to change it again.
Mayor Vincent requested that a discussion on receiving pUblic input during agenda
meetings and work sessions be placed on the January 3 agenda, to ensure that everyone
understands how those meetings are to function.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission adopt Commission Resolution No. 3036, adopting a revised Commission meeting
schedule, effective January 3, 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.
Commission Resolution No. 3037 - adoDting an affordable housing Dolicv for the City of
Bozeman
Included in the Commissioners' packets was a copy of Commission Resolution No.
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3037, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3037
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING AN AFFORDABLE HOUSING POLICY FOR THE
CITY OF BOZEMAN.
. Neighborhood Coordinator/Grantsperson Goehrung stated that, just prior to the
meeting, a resolution containing a revised Exhibit" A" was placed on the Commissioners' desks.
He stated that the new document contains grammatical changes forwarded by Commissioner
Youngman. He then forwarded additional revisions which should be included in adoption of the
policy, including a change on No.7 from "weighted" to "weighed", and expansion of No. 4e
to read" Authorize the CDBG Housing Revolving Loan Committee to develop a ..."
Mayor Vincent expressed concern about the language in No.7, which reads "weighed
against", stating it suggests an adversarial role rather than a cooperative effort. The
Commissioners concurred in a revision to read "... weighed along with benefits ..."
Commissioner Youngman stated that the language on No.1 e should be changed. She
noted that the first sentence from her memo was included rather than the second sentence,
. which was agreed upon at last week's meeting. She suggested that a 2g be added to
reference revisions to the master plan and the zone code. She then proposed that a "G" be
added to No. 2c which reads "and others", to reflect that this is not an all-inclusive list.
Commissioner Frost stated he is not comfortable with the priority list for use of the
Community Housing Fund monies, as set forth in No. 4f. He suggested, instead, that it should
be replaced by a general statement which forwards the following concept: "Use money for low-
to moderate-income people for housing". He stated his preference is to use the monies for
matching dollars and grants, for tax credits and possibly for pre-development costs.
Commissioner Youngman stated her support for Commissioner Frost's suggestion.
She then forwarded alternative language, which would read "Allocate money according to
priorities established annually." She suggested that reference to low- and moderate-income
. people could also be added to that statement.
Mayor Vincent stated support for the proposed revision, stating he feels it provides
the flexibility for the Commission to identify the most critical areas at the moment.
Commissioner Stiff characterized the priority list for use of the Community Housing
Fund monies as probably the biggest problem in the entire document. He emphasized the fact
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that he feels the City should address the supply side of the issue. He noted that, while the
City's intent has been to establish a public/private partnership to generate additional affordable
housing, at the present time, it appears that those addressing the issue are the City, HRDC and
Interfaith. He stated his interest in seeing the monies from the Community Housing Fund used
. in obtaining matching funds, allowing the multiplier effect to stretch the City's dollars as much
as possible.
Commissioner Stiff stated that many people are currently living in Belgrade,
Manhattan and Livingston because they cannot afford to live in Bozeman. He stated that his
primary concern is for the low-income families, suggesting that is the area which should be
most heavily targeted. He noted that in Great Falls, at the present time, there are 1600
families looking for housing; and the housing authority has only 440 homes available. He noted
that Mr. Henry Cisneros, Director of Housing and Urban Development, has been recently quoted
as recognizing the need for more rental housing projects for poor families throughout the
country. He stated that, while he is interested in addressing the low-income housing market,
he does not believe the City should become involved in rental subsidy.
Commissioner Stiff stated an interest in pursuing revisions to the zone code which
. would better allow developers to provide affordable housing as quickly as possible.
Commissioner Stueck asked Planning Director Epple if he sees anything in the
affordable housing policy which he or his staff people cannot buy into, particularly the proposed
revisions to the zone code, which include higher densities and an affordable planned unit
development. He stated that if there are any problems with any of those recommendations,
he feels they should be identified now, before the policy is adopted.
Planning Director Epple responded that he does not see any problem with the policy
as drafted. He stated that he interprets the Commissioners' comments as direction to staff to
explore alternatives and come back with a comprehensive proposal and assessment of the
issue. He then stated he is supportive of carrying out this direction, in conjunction with
. adoption of what he feels is a coherent and valuable policy.
Commissioner Stueck recognized safety issues are the priority, but asked if the
Planning staff feels the possibility of higher densities is a real one.
Planning Director Epple responded that he feels the possibility exists, noting that the
preparation of technical data will allow the Commission to make that decision. He then stated
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a willingness to develop that information, for Commission consideration.
Commissioner Stiff recognized Commissioner Stueck's questions as good ones. He
noted that, when reviewing previous proposals, the staff has not been real supportive of those
which do not meet code requirements.
. City Manager Wysocki cautioned the Commission that. given the magnitude of this
issue, it must be a very high priority goal. He noted there are some elements of the policy
which will be hard to meet; and it will take a change of attitude on the part of the Commission
itself to accomplish those items. He cautioned that one of those is the amount of weight given
to certain types of testimony, such as the NIMBY attitude versus what is best for the
community as a whole.
Commissioner Stueck stated he feels the City should go out of its way to help HRDC
and Bozeman Interfaith Housing in their endeavors to provide affordable housing in the
community, in recognition of their good efforts to date. He also stated support for the City's
continuing to assist in obtaining financing for affordable housing projects, citing the private
activity bonds for Mr. Chang's project as an example. He also noted that the use of tax credits
. should be encouraged and supported as much as possible.
Commissioner Stueck stated he is not sure that everything included in this policy will
achieve the desired results; and he is concerned that in two years, the Commissioners will be
saying that affordable developments have not occurred, even with the development
concessions which have been made. He reiterated his position that the emphasis should be
placed on empowering HRDC and Interfaith Housing to continue their efforts.
Mayor Vincent stated he feels that adoption of this policy is the right thing to do,
because it will provide a better opportunity for low- and moderate~income people to live in
Bozeman. He noted that the lack of affordable housing is not limited to Bozeman; but is also
a problem in Great Falls, Seattle, and all other desirable places to live, as evidenced by recent
articles in the newspapers. He recognized that, as long as Bozeman remains an attractive place
. to live, there will be a shortage of housing in the low- and moderate-income ranges, no matter
how much effort is made to provide adequate housing at these levels.
Mayor Vincent stated he shares Commissioner Stueck's concern that in two years,
the Commission will determine that the affordable housing situation has not improved
dramatically, despite adoption of this policy. He cautioned that the conclusion should not be
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that the policy is bad; rather, it is important to recognize that the area continues to be an
attractive place to live, resulting in greater demand than supply.
Mayor Vincent noted that, statistically, 70 percent of those in Bozeman will move
within five years. He stated that, since Bozeman's population continues to grow, this causes
a consistent and increasing demand on the housing market. He predicted that if this trend
. continues, even with this policy, the housing situation will probably be the same in a few years
as it is today.
Commissioner Youngman characterized this policy as a good starting point. She
noted that it provides a mechanism through which public and private entities, for profit and
non-profit organizations can work together to help address the affordable housing crisis. She
stated that if the Commission wants those who work in the community to be able to live in the
community, it is important that starter housing be provided; and she feels this policy is a step
in the right direction.
Commissioner Frost stated he also views this as a good first step, indicating he feels
that improvements in the housing situation will be recognized as a result of this policy.
. Neighborhood Coordinator IGrantspersonGoehrungsummarized the proposed revisions
and additions to Policy Guideline No.7, and Goal Statement Nos. 1 e., 2c.G., 2g., 4e" and 4f.,
based on the discussion which has been completed by the Commissioners, He then requested
that these changes be incorporated into adoption of the affordable housing policy.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission adopt Commission Resolution No. 3037, establishing an affordable housing policy
for the City. 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. 1395 - annexation of the 200 block of West Harrison Avenue into the MSU
Nei9hborhood Parking District
. This was the time and place set for the final adoption, on second reading, of
Ordinance No. 1395 as approved the City Attorney entitled:
ORDINANCE NO. 1395
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
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SECTION 10.32.395.A., PERTAINING TO THE AREA DESIGNATED AS THE
MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED
WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M. OF THE
BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR
REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-
STREET PARKING PERMIT REGULATION PROGRAM.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
. Commission finally adopt Ordinance No. 1395, annexing the 200 block of West Harrison
Avenue into the MSU Neighborhood Parking District. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner
Frost and Commissioner; those voting No being Mayor Vincent.
Renewal of Beer, Wine and Liauor licenses for Calendar Year 1995
This was the time set for renewal of the Beer, Wine and Liquor Licenses for the
Calendar Year 1995. A total of 16 applications have been received, along with the required
fees.
Included in the Commissioners' packets was a list of the establishments which have
made application and paid the required fee, as follows:
. APPLICATIONS FOR BEER, WINE AND LlaUOR LICENSES
CALENDAR YEAR 1995
APPLICANT BEER
WINE LIQUOR TOTAL
Bozeman Town Pump #2
2607 West Main Street $ 200
$ 200 $ $
400
Casa Sanchez Restaurant
719 South 9th Avenue 200
200
400
Cenex Petroleum
dba/Bozeman Cenex
23 North 7th Avenue 200
200
Golden Goose Casino
726 North 7th Avenue 200
200
400
KO'S Club
1332 East Main Street
500
500
. Kwik Way #32
401 East Peach 200
200
400
Little John's Bar, Inc.
515 West Aspen Street
500
500
Mr. T's Sinclair
1310 North 7th Avenue 200
200
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Pizza Hut
2300 West Main Street 200
200
R & N Corporation
dba/Bozel11an Hotel
321 East Main Street
500 500
Spectator's Sports Bar and Grill
19 Tai Lane 200
200 400
. The Baxter Hotel Corporation
dba/The Baxter,
Rocky Mountain Pasta Company,
The Bacchus Pub and
The Robin Lounge
105 West Main Street
500 500
The Great China Wall
525 Professional Drive 200 200
400
The Rocking R Bar
211 East Main Street
500 500
Town Pump #1
803 East Main Street 200
200
Van's IGA
912 North 7th Avenue 200
200 400
Total - 16 Applications $ 2.200 $
1 .400 $ 2.500 $ 6.100
. The City Manager reminded the Commissioners that they had approved a listing of
53 applications at last week's meeting. He indicated that the above listing represents the
remainder of licenses which require renewal for the upcoming calendar year, and recommended
that the Commission approve the applications as submitted.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1995
for the various establishments as listed above. 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.
Consent Items
. City Manager Wysocki presented to the Commission the following Consent Items.
Authorize City Manaaer to sian - Aareement with Montana Power Companv
re ioint use of utilitv poles
Authorize Mayor to sign - Findings of Fact and Order - Durston Meadows
Subdivision - subdivided 30.416 acres into 146 residential lots
(north of Durston Road at North 25th Avenue extended)
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AcceDtance of two donated parcels for Darkland from John Scully: authorize
City Manaaer to sian necessary documents
Authorize use of annual leave - Clerk of the Commission Sullivan - Dortions
of week of December 27-30. 1994
Claims
It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman, Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) Memo from Drafting Technician Teresa Larson to Assistant City Manager
Ron Brey, dated December 14, the status of the City's G.I.S. services. He stated that, in
. conjunction with negotiations for renewal of the agreement with MSU for fire services, they
are discussing the possibility of University support for implementing the G.I.S. services.
(2) Letter from an anonymous donor, dated October 27, offering to donate a
Jim Dolan sculpture to the City for placement along North 7th Avenue.
The City Manager stated his intent to forward this letter to the Beautification Advisory
Board for their review and recommendation, prior to Commission action.
(3) Memo from Therese Berger, Planning Office, announcing there will be no
Development Review Committee meeting on either December 20 or December 27, 1994.
(4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, December 20, at the Courthouse.
(5) Agenda for the City-County Planning Board meeting which is to be held at
. 7:00 p.m. on Tuesday, December 20, in the Commission Room.
(6) The City Manager submitted his weekly report, as follows. (1) Spent a
portion of the week preparing for the Audit Committee meeting and the exit conference. (2)
Attended the Gallatin Development Corporation's annual retreat and goal-setting process. (31
Participated in interviewing one of 100 businesses across the state for the retention and
12-19-94
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expansion program. (4) Met with Jason Giard and members of his staff regarding extension
of West Oak Street from North 7th Avenue to North 19th Avenue. He noted that the street
will probably be in a two-lane format initially; however, that link is a critical one in conjunction
with completion of the North 19th Avenue interchange. (5) Announced that bids for the
Bozeman to Four Corners project have been opened. The bid, which totaled $7.3 million,
. includes the West Main Street/West Babcock Street intersection realignment. (6) Attended a
meeting with the Bozeman Creek Water Users' Association. (7) Met with Representative
Marshall, who will be carrying a bill to allow a portion of the visitors' center to be occupied by
the Chamber of Commerce, in exchange for operation of the center; and a bill to allow local
governments to implement a 15-mile-per-hour speed limit on local streets. (8) Met with Senator
Eck, who will be carrying bill to allow cities to institute a local option gas tax independent from
the county, upon voter approval.
(7) Clerk of the Commission Sullivan briefly reviewed the agenda for the January
3, 1995, meeting, which includes two public hearings.
. Recess - 5:28 p.m.
Mayor Vincent declared a recess at 5:28 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings and completing the routine business items.
Reconvene -7:00 D.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings and completing the routine business items.
Public hearina - Commission Resolution No. 3032 - intent to annex 1.8 acres known as Lots
4. 5.6. 7 and 8. Lewis Subdivision. located along the west side of Sourdouah Road iust north
of its intersection with Kagv Boulevard (Merrill. Barnard and Locke)
This was the time and place set for the public hearing on Commission Resolution No.
. 3032, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3032
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y DESCRIBED,
TO EXTEND THE
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BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Vincent opened the public hearing.
Assistant Planner Lanette Windemaker presented the staff report. She stated that the
subject annexation is being requested by M.G. Merrill and S.M. Barnard, 2111 Sourdough Road,
. and W.W. and C.W. Locke, 2119 Sourdough Road. These parcels are located along the west
side of Sourdough Road, just north of its intersection with Kagy Boulevard. One of the parcels
has encountered a failed septic system; and the septic system on the other parcel is expected
to fail in the near future. As a condition of tying onto City sewer, these
parcels must be
annexed into the city.
The Assistant Planner stated that the subject parcels are adjacent to the city limits
across Sourdough Road. They are located with an R-S, Residential--Suburban zoning district;
therefore, an urban zoning designation will be necessary.
Assistant Planner Windemaker stated that staff has reviewed this requested
annexation in light of the eight goals and twelve policies set forth in Commission Resolution
No. 2716; and the staff's findings are contained in the written staff report which was
. previously submitted to the Commission. She reviewed each of those goals and policies,
concluding that the proposed annexation is in general compliance with a majority of the goals
and policies and does not significantly conflict with any of the goals or policies.
The Assistant Planner then forwarded four conditions which staff recommends be
incorporated into approval of proceeding with the annexation of the subject property:
1. Applicants shall provide an executed waiver of right to protest the
creation of SID's, which shall specify that in the event SID's are
not utilized for the completion of these projects, the property
owners shall agree to participate in an alternate financing method
for completion of said improvements on a fair share, proportionate
basis as determined by square footage of the property, linear front
footage of the property, taxable valuation of the property, or
combination thereof. Said waiver shall be for street improvements
to Church
Avenue/ Sourdough Road, including
paving,
curb/gutter, sidewalk and storm drainage appurtenances.
. 2. An appropriate urban zone map designation must be applied for
and approved in accordance with applicable law.
Said approval
need not be prior to the Annexation Agreement.
3. Water rights or cash-in-lieu in an amount determined by the
Director of Public Service shall be provided at the time the
Annexation Agreement is signed.
12-19-94
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4. Applicants shall provide a mylar record annexation map which
meets the requirements of the Director of Public Service, if
required by the Director of Public Service.
The Assistant Planner forwarded staff's suggestion that, in light of the decision on
the MacKenzie annexation and the impending decision on the requested modification of
conditions for annexation of the parcel requested by Mr. Hannah, the Commission may wish
. to waive the requirement for obtaining an urban zone map designation prior to annexation.
Mr. Matt Merrill, 2111 Sourdough Road, thanked the Commission for its consideration
of this annexation request. He stated that this property has already been connected to the City
sewer, because of the failed septic system. He then indicated a willingness to respond to
questions.
No one was present to speak in opposition to the requested annexation.
Since there was 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.
. City Attorney Luwe recommended that, in light of Assistant Planner Windemaker's
comments, the Commission require that the zone map amendment be applied for, but not
require that approval be granted, prior to annexation of the subject parcels. He then stated that
if the Commission wishes to proceed with the annexation of these parcels, the next step is to
direct staff to bring back a resolution of annexation following completion of the four conditions,
as modified, and execution of an annexation agreement.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission authorize and direct staff to prepare a resolution of annexation upon the
applicant's execution of the Annexation Agreement and upon the applicant's satisfaction of
Condition Nos. 1 through 4, as recommended in the staff report and as revised by City
Attorney luwe. 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.
12-19-94
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Public hearina - (a) Conditional Use Permit for Planned Unit DeveloDment (Z-94132) and (b)
Dreliminarv Dlat review for Carson Place Townhouse Subdivision (P-9459) - Donald L.
Bockhahn. Jr. - subdivide 2.0 acres into 19 residential townhouse lots - unDlatted Darcel in the
NE%. SW%. Section 12. T2S. R5E. MPM (1304-1312 West Babcock Street)
This was the time and place set for the public hearing on the Conditional Use Permit
for a Planned Unit Development, under Application No. Z-94132, and review of the preliminary
. plat for Carson Place Townhouse Subdivision, under Application No. P-9459, as requested by
Donald L. Bockhahn, Jr., to subdivide 2.0 acres located on the unplatted parcel in the Northeast
one-quarter, Southwest one-quarter, Section 12, Township 2 South, Range 5 East, Montana
Principal Meridian, into 19 residential townhouse lots. The subject parcel in more commonly
located at 1304-1312 West Babcock Street.
Mayor Vincent opened the public hearing.
City Manager Wysocki stated that, included in the Commissioners' packets, was a
copy of a letter from Mr. Bockhahn to Senior Planner Dave Skelton, dated November 17, 1994,
withdrawing this application. He then recommended that the Commission acknowledge receipt
of this letter of withdrawal.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
. Commission acknowledge receipt of the letter of withdrawal of this application, dated
November 17, as submitted by Mr. Bockhahn. 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.
Public hearing - Conditional Use Permit with variance from Section 18.10.030 of the Bozeman
MuniciDal code - TCI Cablevision for Robert Davis - to allow construction of a TVDe II Essential
Service on a one-acre Darcel in an AS zone located on a Dortion of the NW%. Section 35. T1 5,
R5E. MPM (6130 Davis Lane) (Z-94130)
This was the time and place set for the public hearing on the Conditional Use Permit,
with variance from Section 18.10.030 of the Municipal Code, as requested by TCI Cablevision
for Robert Davis, under Application No Z-94130, to allow construction of a Type II Essential
. Service on a one-acre parcel in an A-S, Agriculture Suburban, zone located on a portion of the
Northwest one-quarter, Section 35, Township 1 South, Range 5 East, Montana Principal
Meridian. The subject site is more commonly located at 6130 Davis Lane.
Mayor Vincent opened the public hearing.
12-19-94
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Planning Director Andy Epple presented the staff report. He stated that the subject
one-acre parcel is part of an existing 59-acre parcel owned by Mr. Robert Davis. The
subdivision of this one-acre parcel is the subject of a preliminary plat application which has
received conditional approval from the Gallatin County Commission. The property is located
. along the east side of Davis Lane, north of its intersection with Baxter Lane and south of the
new North 19th Avenue interchange.
The Planning Director stated there is an existing 14-foot by 65-foot mobile home on
the parcel, which is to be removed from the site. Also, there is a 32-foot by 65-foot steel
building, onto which the applicants propose to construct a 30-foot by 40-foot addition. That
building will then serve as the structure for the station on this site and will be served by the
existing well and septic system on the parcel. A chain link fence with webbing will surround
most of the one-acre site. Access to the site will be through the two existing driveways from
Davis lane; and parking on site is to be in the driveway, beyond the required front yard
setbacks. He stated that employees will visit this site on a periodic basis; however, no
customers will be visiting the site.
. The Planning Director stated that four antennae have been installed behind the
building; and four more antennae are to be installed in the near future. These are 15-foot-high
dishes which are painted white. During discussions at the Planning Board meeting it was
revealed that white is the most desirable color for this type of dish because it minimizes
distortion of the signal. Because of their location behind the building and the landscaping
which is proposed along the roadway, these dishes should be appropriately buffered from the
roadway. He noted that the closest residence to the dishes is 292 feet to the south.
Planning Director Epple stated that Type II Essential Services are allowed as a
conditional use. He characterized these as less essential services than the Type I Essential
Services, which include services such as water and sewer. He then stated that the creation
of the subject one-acre tract requires a variance from Section 18.56.030.B(2) of the Bozeman
. Municipal Code, since the minimum lot size in the A-S zone is twenty acres.
Planning Director Epple stated that staff has reviewed this application in light of the
three criteria established by the Montana Supreme Court for review of requests for variances.
The comprehensive findings are contained in the written staff report. Based on those findings,
staff has concluded that granting of the variance would be appropriate.
12-19-94
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The Planning Director stated that staff has also reviewed this application in light of
the six criteria set forth in Section 18.53.030 of the Bozeman Municipal Code; and the
comprehensive findings for each of those are set forth in the written staff report. He stated
that, since the subject parcel is located outside city limits, comments were solicited from
various County staff members as well as City staff members; and those comments have been
. incorporated into the staff report. He forwarded the staff's conclusion that the application is
in general compliance with the zone code and the master plan.
Planning Director Epple stated that the City-County Planning Board conducted its
public hearing on this application at their December 6 meeting. Following that public hearing,
the Board forwarded its recommendation for approval, subject to eleven conditions.
City Manager Wysocki asked if Davis lane is on the same alignment as Fowler
Avenue. After reviewing the map, the Planning Director responded that it is.
City Manager Wysocki suggested that, since Davis lane is on the same alignment as
Fowler Avenue, which has been classified as an arterial, then additional right-of-way should be
acquired in conjunction with approval of this application.
. Commissioner Frost asked if language should be added to Condition No.1 to require
that the landscape plan be approved by someone. Planning Director Epple responded that
language should be added which requires that the plan be reviewed and approved by the
Planning office.
Mr. David Crawford, Thomas, Dean & Hoskins, consulting engineer, stated the
existing cable vision site is located on Sourdough Road; however, it must be moved because
the owner of that site has not renewed the lease. He stated that, since certain characteristics
are needed for such a site, the areas where parcels may be considered are limited.
Mr. Crawford stated that the County Commission has approved the preliminary plat
for the subject one-acre, with several conditions attached. He stated that all of those
conditions have been met; and they anticipate approval of the final plat at the County
. Commission meeting on December 27.
Mr. Crawford stated the applicant is willing to accept the conditions forwarded by the
City-County Planning Board, with the additional phrase just added to Condition No.1.
Responding to Commissioner Stiff, City Manager Wysocki stated that, since Fowler
Avenue is designated as an arterial, a minimum 90-toot-wide right-ot-way is needed. He
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suggested that, because of the anticipated traffic in conjunction with the new interchange and
the fact that the city seems to be growing in that direction, it is imperative that the additional
rights-of-way for the expansion of the transportation network in that area be acquired in
conjunction with development proposals. He also recommended that the applicant be required
. to sign a waiver of right to protest the future creation of SID'sfRID's for improvements to Davis
Lane, or provide some other financial guarantee.
Commissioner Frost expressed concern that the application has reached this point
without anyone identifying the need for additional right-of-way.
Mr. Don Branton, General Manager of TCI Cablevision, stated a willingness to respond
to questions.
Responding to questions from Mayor Vincent, the Planning Director stated some of
the residents in that immediate area do not seem to recognize that Type II Essential Services
are allowed as a conditional use in the A-S zone. He noted, instead, they choose to view this
application as a defacto zone change and precedent setting; however, that view is not shared
by staff in light of the zone code provisions.
. Mr. Crawford questioned how the issue of additional right-of-way is to be addressed.
He noted that the County Commission has already approved the preliminary plat, subject to
certain conditions; and it is not possible to legally add to those conditions at this time. He also
expressed concern that any changes at this time could result in delays in the schedule for
approval of the final plat and filing of all documents with the Clerk and Recorder's office before
the end of the calendar year.
City Attorney Luwe responded by stating that the City Commission could add
conditions to approval of the Conditional Use Permit application to address the additional right-
of-way. He noted that a separate road easement agreement and waiver could then be executed
and filed after the final plat has been filed.
Responding to City Manager Wysocki, Mr. Branton stated he has no problem with
. providing an additional 15 feet of right-of-way along his property or with signing a waiver that
indicates his willingness to bear his portion of the costs of improving the roadway. He asked,
however, for assurance that this will not negatively impact filing of the final plat before the end
of the year.
12-19-94
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Responding to questions from Mr. Crawford, Planning Director Epple stated that
the
arterials and collectors are designated in the master plan update, noting that only those within
and very close to the city limits are identified in the transportation plan update.
Mr. Branton affirmed his willingness to accept the conditions as revised.
. hearing. Since there was no Commissioner objections, Mayor Vincent closed the public
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 requested variance from Section 18.10.030 of the Municipal Code,
as requested by TCI Cablevision for Robert Davis, under Application No Z-94130, to allow
construction of a Type II Essential Service on a one-acre parcel in an A-S, Agriculture Suburban,
zone. 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.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Conditional Use Permit, as requested by TCI Cablevision for Robert
Davis, under Application No Z-94130, to allow construction of a Type II Essential Service in
an A-S, Agriculture Suburban, zone located on a portion ofthe Northwest one-quarter, Section
35, Township 1 South, Range 5 East, Montana Principal Meridian, subject to the following
conditions:
1. Landscaping shall be added
to the site, preferably on the outside
of the chain link fence, to
adequately screen the satellite dishes
from abutting property to
the north, south and east, including
additional coniferous trees
in the west front yard, following review
and approval of the landscape
plan by the Planning office. The
landscaping shall be of a
species that will offer screening from the
ground up to a minimum of
twelve to fifteen feet high at maturity.
The use of this type of plant
materials could eliminate the need for
webbing in the chain link
fence, but the webbing may be used in
. addition to the vegetation if preferred by the applicant.
All
landscape must be irrigated by a drip irrigation system;
2. Any type of identification
sign(s) must be attached to the
structure and may not exceed
a total of 16 square feet in area.
A sign permit must be obtained
from the City Building Department
prior to installation of any
and all signage;
3. A temporary form of the street
address must be displayed at all
times during construction
of the structure addition, and a
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, permanent address shall be displayed upon completion of the
development;
4. The applicant shall be required to grant an additional 15-foot road
easement along the west edge of the property prior to final site
plan approval;
5. The applicant shall provide an executed waiver of right to protest
. the creation of SID's/RID's, which shall specify that in the event
SID's/RID's are not utilized for the completion of the project, the
applicant shall agree to participate in an alternative financing
method for completion of said improvements on a fair share,
proportionate basis as determined by square footage of the
property, linear front footage of the property, taxable valuation of
the property, or combination thereof. The waiver, which shall be
executed prior
to final site
plan approval, shall
be for
improvements to Fowler Avenue/Davis Lane;
6. Five copies of a final site plan, containing all of the conditions,
corrections and modifications approved by the City Commission,
shall be submitted for review and approval by the Planning
Director within six months of the date of approval. A copy of the
approved final site plan shall be forwarded to the City Building
Department, Rae Rural Fire District, County Road Office, and the
applicant by the Planning office; and one copy shall be retained in
the Planning office file.
TCI Cablevision shall enter into an Improvements Agreement with
the City
to guarantee the
installation of required on-site
improvements at the time of final site plan submittal.
Detailed
. cost estimates and methods of security shall be made a part of
that Agreement;
7. A building
permit must be
obtained prior to
beginning
construction, and must be obtained within one year of final site
plan approval. A building permit will not be issued until the final
site plan is approved. Minor site surface preparation and normal
maintenance shall
be allowed
prior to submittal
of the
Improvements Agreement,
including excavation and
footing
preparation, but NO CONCRETE MAYBE POURED UNTIL THE
AGREEMENT IS SUBMITTED AND A BUILDING PERMIT IS
OBTAINED;
8. If occupancy of the structure or commencement of the use is to
occur prior
to the installation
of all improvements,
the
Improvements Agreement must be secured by a method of
security equal to one and one-half times the amount of the
estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than
twelve (12) months from the date of occupancy; however, all on-
site improvements shall be completed by the applicant within nine
. (9) months of occupancy to avoid default on the method of
security;
9. Within sixty days of final completion of all site work, the
applicant's licensed architect or engineer overseeing the project
shall certify to the City-County Planning Department that all
improvements have been completed in accordance with the
approved plan;
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10. 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 process;
11. That all of the special conditions shall constitute restrictions
running with the land use and shall be binding upon the owner of
the land, his successors or assigns;
. 12, That all conditions specifically stated under any conditional use
listed in the zoning ordinance shall apply and be adhered to by the
owner of the land, successors or assigns; and
13. That all of the special conditions required by the City Commission
shall be consented to in writing by the applicant.
When a
conditional use
permit has been approved
by the City
Commission, the permit shall be issued by the Planning Director
upon the receipt of the applicant's written consent to all of the
conditions imposed.
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.
ADDointments to ad hoc cable television franchisina committee
Included in the Commissioners' packets was a memo from Clerk of the Commission
. Sullivan, dated December 15, 1994, forwarding a listing of the applicants for the various
boards and commissions.
It was moved by Commissioner Youngman, seconded by Commissioner Frost, that
the Commission appoint Melody Dirks, Carla Hoopes and C. Dennis Mayer to the ad hoc cable
television franchising committee. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman,
Commissioner Frost, Commissioner Stiff,
Commissioner Stueck and Mayor Vincent; those voting No, none.
ADDointments to Board of Adiustment
No applications have been received for this board. The Commissioners direct that
. these vacancies, and any vacancies on other boards be readvertised.
ADpointments to Board of ADDeals
Clerk of the Commission Sullivan stated that, despite letters sent to those whose
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terms were expiring on this board and repeated advertisements over the past several years, all
five positions now remain open.
It was moved by Commissioner Frost, seconded by Commissioner Stueck, that this
board be disbanded, since all five positions remain vacant. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stueck,
. Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none.
ADDointments to Band Board
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
Ronald A. Schimpf be reappointed to the Band Board, with a three-year term to expire on
December 31, 1997. 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.
ADDointment to Bozeman Area Beautification Advisorv Board
ADDointments to Bozeman Area Bicycle Advisorv Board
. Appointment to Cemeterv Board
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that Rick
Keating be appointed to replace Matthew Brower on the Bozeman Beautification Advisory
Board, with a term to expire on June 30, 1998; that Scott Dreblow be reappointed to the
Bozeman Area Bicycle Advisory Board, with a one-year term to expire on December 31, 1995;
and that Carroll V. Henderson be reappointed to the Cemetery Board, with a three-year term
to expire on December 31, 1997.
Appointment to Community DeveloDment Block Grant loan Review Committee
It was moved by Comm'issioner Frost, seconded by Commissioner Youngman, that
the Commission move Jacqueline MK Engdahl from the CDBG Economic Development Loan
. Review Committee, to the CDBG Loan Review Committee, as a replacement for Jeff Rupp, with
a term to expire on June 30, 1998. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff,
Commissioner Stueck and Mayor Vincent: those voting No, none.
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Appointment to Community Development Block Grant Economic Development Loan Review
Committee
No applications were received for these vacancies.
Appointment to Design Review Board
. It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the
Commission appoint Mara-Gai Katz to replace Matthew Brower on the Design Review Board,
with a term to expire on June 30, 1996. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Appointment to Historic Preservation Advisory Commission
Clerk of the Commission Sullivan stated that none of the applicants for this board
meet the requirements of the position, which is a Main Street representative.
Appointment to Pedestrian/Traffic Safety Committee
. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission appoint Don Weaver to replace Ankara EI-Auria on the Pedestrian/Traffic Safety
Committee, with a two-year term to expire on December 31, 1996. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff,
Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none.
Appointments to City-County Plannina Board
Commissioner Frost nominated Katherine A. Ball and James Devitt for reappointment.
Commissioner Stueck nominated James Devitt and Marlys Mock Mathis.
On a roll call, Katherine A. Ball received affirmative votes from Commissioner
Youngman, Commissioner Frost and Mayor Vincent; James Devitt received affirmative votes
. from Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff
and Mayor Vincent; and Marlys Mathis received affirmative votes from Commissioner Stueck
and Commissioner Stiff.
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As a result of this polling, Katherine A. Ball and James Devitt were reappointed to the
City-County Planning Board, with two-year terms to expire on December 31, 1996.
ADDointments to Recreation & Parks Advisory Board
. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission appoint Mary B. Vant Hull to replace Ken Bryson on the Recreation and Parks
Advisory Board, with a three-year term to expire on December 31, 1997. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Frost and Mayor Vincent; those voting No being Commissioner Stiff and
Commissioner Stueck.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission appoint Russ Squire to replace Lou Spain on the Recreation and Parks Advisory
Board, with a three-year term to expire on December 31, 1997. 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 Stiff, seconded by Commissioner Stueck, that the
Commission reappoint James Fisher to the Recreation and Parks Advisory Board, with a three-
year term to expire on December 31, 1997. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost
and Mayor Vincent; those voting No being Commissioner Youngman.
ADDointments to Senior Center Advisory Board
It was moved by Commissioner Frost, seconded by Commissioner Stueck, that Alice
Running be reappointed to the Senior Center Advisory Board, with a two-year term to expire
on December 31, 1996. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner
. Youngman and Mayor Vincent, those voting No, none.
Apcointments to Tax Increment Financing Industrial District Board
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
Bruce Gerlach and Lee Hietala be reappointed to the Tax Increment Financing Industrial District
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Board, with three-year terms to expire on December 31, 1997. 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.
. Adjournment - 8:26 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Youngman, seconded by Commissioner Stiff, that the meeting be
adjourned. 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.
J
ATTEST:
.~.~~~
Clerk of the Commission
.
12-19-94