HomeMy WebLinkAbout1993-11-08 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 8, 1993
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, November 8, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner
Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and
Clerk of the Commission Sullivan. Commissioner Frost was absent in compliance with Section
7-3-4322(2), M.C.A.
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 - November 1, 1993
Mayor Swanson noted that the Commissioners have just received the second portion of
.he minutes for the regular meeting of November 1, and deferred action on them for a period of one
week, to allow an opportunity for Commission review.
Continued public hearing. appeal of decisions by the Development Review Committee and Design
Review Board to deny a minor site plan review application to modify an existinq final site clan under
Application No. Z-91122 to convert a gasoline service station to an automotive lubrication and oil
change business Paul Ellis, Speedy lube . lots 17 and 18. Block 3, Violett Addition (438 North 7th
Avenue)
This was the time and place set for the continued public hearing on the appeal of decisions
by the Development Review Committee and Design Review Board to deny a minor site plan review
application to modify an existing final site plan under Application No. Z~91122 to convert a gasoline
service station to an automotive lubrication and oil change business, as requested by Paul Ellis,
owner of Speedy Lube. The subject parcel is known as Lots 17 and 18, Block 3, Violett Addition,
end is more commonly located at 438 North 7th Avenue.
Mayor Swanson reopened the continue public hearing.
At the Mayor's request, City Attorney Luwe reviewed the parameters for an appeals
hearing, as contained in Sections 18.58.060 and 18.58.080 of the Bozeman Municipal Code. He
reminded the Commission that the testimony forwarded during this public hearing must be based
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on the grounds for the appeal; however, the decision must be based on the record from the
Development Review Committee and the Design Review Board meetings.
Responding to the City Manager, the City Attorney stated that most of the information
submitted to the Commissioners by the applicant prior to last week's meeting is relevant to his
.rounds for appeal; however, some of the evidence was not submitted to, or considered by, the
DRC and the DRB as a part of their proceedings. He cautioned this includes the site plan which
was included in that packet, to which the applicant referred last week.
Mayor Swanson read an excerpt from the minutes of last week's meeting, forwarding the
reasons cited by the DRC and the DRB for denial of the requested minor site plan. He then noted
the Commission's options include upholding, modifying or overturning the decisions of the
Development Review Committee and the Design Review Board, following closure of this public
hearing.
Senior Planner Dave Skelton reminded the Commission that the proposal to close the two
curb cuts onto West Short Street and replace them with one curb cut was based on three factors:
(1) addressing vehicular circulation; (2) providing substantial landscaping along the perimeters of
.he property; and (3) controlling the movement of tractor/trailer rigs. He stated these issues were
considered during both informal and formal reviews before the DRC and the DRB; and the applicant
chose not to forward a site plan which incorporated this concept. He then reminded the
Commission that the appeal is based on four issues: (1) landscaping; (2) landscape irrigation
system; (3) signage; and (4) closure of the westernmost curb cut.
Mr. Paul Ellis, applicant, stated that since last week's meeting, he and Gaston Engineering
have tried to develop a site plan that would meet his needs while addressing the Commission's
concerns. He then submitted a new site plan, noting the turning radius needed for a large
tractor/trailer rig. He suggested that, with the installation of a new curb cut, it may be necessary
to eliminate some of the parking on the north side of West Short Street unless a "right turn only"
requirement is placed on exiting through that curb cut.
. Mr. Ellis stated his first choice is to leave both curb cuts open, particularly since there
have been no recorded problems in thirteen years. He stated that conversations with City Engineer
Brawner suggest he would be willing to accept the fencing rather than requiring curbing around the
landscaped areas. He then indicated his intent to provide as much landscaping in the corner of the
property as possible.
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Mr. Ellis stated he does not want to install an underground irrigation system or any other
type of required irrigation system for the landscaping because it is too costly. He noted his
commitment to water the landscaping because of the monies involved, noting he has done so since
its installation. He stated that when maintaining his grounds, this is easily accomplished.
. Responding to Commissioner Knapp, Mr. Ellis stated it is not possible for the tractor Itrailer
rigs to enter and exit onto North 7th Avenue because the turning radius is too short between those
curb cuts, even if the depth of the landscaped area were shortened.
Responding to Mayor Swanson, Mr. Ellis stated that the City codes do not allow a
driveway within 100 feet of an intersection; and neither the two existing curb cuts nor the one
proposed curb cut meet that requirement. He stated that, while closing the two curb cuts and
installing one is not his first choice, he wants to get this process behind him. He also noted that
a close review of the site seems to indicate that this change can be accomplished without any need
to move or remove any of the landscaping he has already installed.
At Mayor Swanson's request, Planner Skelton reviewed the differences between an
underground sprinkler system and freezeless hose bibs. He noted that in both instances, an
~underground line must be installed from the building to each of the landscaped areas. He noted
4 ..nt
that the underground sprinkler system requires running of lines and installation of sprinkler heads
within the landscaped area. He stated that the freezeless hose bibs are simply located within the
landscaped area; and a hose is then connected to that bib for irrigation purposes. He reminded the
Commission that the requirement for an irrigation system was incorporated into the zone code in
1990, after experience revealed that applicants are not always faithful in irrigating their required
landscaping.
Mr. Paul Ellis stated the biggest cost is installing the underground lines under all of the
existing paving. He estimated that installation of the system would cost $4,500, with possibly an
additional $500 to complete the underground sprinkling system.
Responding to Commissioner Stiff, Senior Planner Skelton stated that the original
A'CT'h
. \ _. dpplication for the subject site was filed in 1991, under the interim zoning ordinance and sign code.
He stated the 1993 application has been filed under the new sign code, which is different. He
stated that the wall signage includes two oil product signs which exceed the allowable area for
signage; and no pennant flags are allowed under the new code. He indicated that the freestanding
sign was modified, but remained within the allowable square footage and height provisions. He
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noted that under the old code, a sign could not be closer than ten feet from the property line.
Under the new code, a sign may be located five feet from the property line; however, it may not
exceed five feet in height. He stated that if the applicant is willing to lower the sign, it could be
moved closer to the property line, thus possibly accommodating some of his concern that the signs
.or his business are not visible to those traveling north on North 7th Avenue. He then indicated
the total aggregate signage is within the limits set under the new sign code.
Responding to Commissioner Stiff, the Planner stated staff would characterize these
issues as minor.
City Manager Wysocki stated he has discussed this issue with various members of the
Development Review Committee; and they have indicated an interest in getting this issue resolved
as quickly and easily as possible. He then responded to some of the comments forwarded by Mr.
Ellis. He noted that, while curbing may not be necessary around the landscaped areas because of
drainage, it does provide a defined path for vehicular circulation.
Commissioner Stiff stated his discussions with City Engineer Craig Brawner suggested
that, while he does not promote elimination of the curbing around the landscaped areas, he does
.nderstand the applicant's interest in keeping the existing fence. He then noted the City Engineer
recognizes that the fence is not as permanent as curbing would be.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
Mayor Swanson closed the public hearing.
Commissioner Vincent stated that he would prefer not to make a decision until after staff
has had an opportunity to provide the Commission with a recommendation.
Mayor Swanson stated it has been often noted that these Commissioners are not
architects or engineers and should not be expected to design a project from the dais. He then
etated he is uncomfortable with trying to address all of the issues that have been raised at this time
and then making a decision. He then noted that the applicant has demonstrated a willingness to
work toward an acceptable alternative for the site. He suggested that the Commissioners forward
their comments about the project, and ask staff to develop a proposal for Commission
consideration.
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City Manager Wysocki suggested that, working within parameters set by the Commission,
staff can develop a proposal for Commission consideration. He cautioned that, while this may not
technically meet code requirements, he feels that in this instance that is an appropriate alternative.
He stated that all bodies concerned seem to be in agreement that the issues should be resolved as
eUiCklY and easily as possible; and he feels there are sufficient extenuating circumstances to avoid
-the potential of establishing an undesirable precedent.
Responding to the City Manager, City Attorney Luwe stated the ordinance allows the
Commission to modify the decisions of the ORC and the ORB through the appeals process.
However, he cautioned that to do so on new evidence not considered by ORC or ORB could lead
to unnecessary appeals to the City Commission whenever an applicant is unhappy with the ORC
or ORB decision. He noted that this situation is different from many applications because it needed
the involvement of a professional engineer early in the process due to the uniqueness of the
property; however, that involvement did not occur until just recently. He then concurred that,
based upon uniqueness of the situation, it may be possible for the Commission to modify the
decisions of the ORC and the ORB without any additional involvement from those bodies.
. Commissioner Knapp stated that everyone wants this business to succeed. She then
emphasized the importance of addressing the issue of safety / stating that is a primary concern in
all decisions. She noted this is extremely important to consider when addressing the curb cut
issue.
Commissioner Stiff stated he also feels safety is a key issue. He noted that applies to the
interior design as well as ingress and egress. He suggested that placing the curb cut 40 feet from
the intersection instead of 11 feet from the intersection would probably create a safer situation.
He also noted that the removal of diagonal parking on site will address many of his concerns.
At the City Manager's request, the Commissioners responded to the comments forwarded
by Mr. Ellis and submitted their opinions on each of the grounds for appeal.
Mayor Swanson stated he is interested in working with Mr. Ellis on the issue of irrigation
end on relaxation of the concrete curbing around the landscaping. He also stated an interest in the
new curb cut, possible elimination of parking along the north side of West Short Street, and
allowing right turns only from that curb cut. He stated he is not interested in relaxing the sign code
requirements, although he would be willing to consider relocating the sign closer to the sidewalk,
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within the code. He then indicated he is not comfortable with the amount of reduction in the
landscaping which the applicant is seeking.
Commissioner Vincent stated he is willing to consider alternatives for watering of the
landscaping, noting the key issue is that it be watered and maintained, not necessarily how that
.s accomplished. He then stated that, while he feels he does not know enough about the visual
impacts of the sign, he would be willing to consider moving it closer to the property line if that
would help to alleviate some of the applicant's concerns. He then addressed the requested
deviation for curbing, stating that safety and function must be addressed. He stated that if relaxing
the curbing requirements around the landscaped areas can be accomplished without compromising
those two issues, he would be willing to consider it. He stated the new configuration for
landscaping at the corner is an improvement, although he is saddened about the proposed loss of
the picnic area.
Commissioner Knapp noted the Commission spent a lot of "blood, sweat and tears" over
the sign code over a period of years to develop a workable code; and she is reluctant to consider
any modification that cannot be covered through the deviation process. She stated the issue of
.he curb cut must be dealt with from a safety standpoint as well as a functional standpoint. She
then stated a willingness to consider alternatives on the irrigation issue, suggesting the possibility
of adding a condition that if the vegetation begins to deteriorate, the code requirements for
irrigation would be enforced. She noted reservations about decreasing the amount of landscaping
to the level being asked. She noted the fact that this is located in an entryway and the number of
cars that enter that business, stating it is important to provide as much landscaping on the site as
possible.
Commissioner Stiff stated he is comfortable with the landscaping shown on the latest site
plan. He noted a lot of water is required to keep this type of operation neat and clean; and he feels
irrigation of the landscaping can be easily accomplished without the large expenditure that
underground plumbing will create. He then stated he would like to see flexibility in the sign issue.
ae noted that the applicant seems to be willing to address the large safety issue, which involves
the curb cut. He then indicated he has no problem with allowing the split cedar rail fence in lieu
of curbing around the landscaped areas; however, he noted the issue of safety must be the
overriding factor.
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Senior Planner Skelton requested that, with the substantial direction staff has received
from the Commission, they be given a minimum of two weeks to work with the applicant to
develop a proposal for Commission consideration.
Mayor Swanson requested this item be placed on the November 22 agenda for a decision.
.
Break - 4:28 to 4:33 p.m.
Mayor Swanson declared a break from 4:28 p.m. to 4:33 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Decision - Conditional Use Permit - SteDhanie H. Valz - allow a bed and breakfast with multiple
deviations on the West 120 feet of the N % of Lot 2, and the West 120 feet of Lot 1, Block B,
Lindley and Guys Addition (202 Lind lev Place) (Z-93127)
This was the time and place set for the decision on the Conditional Use Permit requested
by Stephanie H. Volz, under Application No. 2-93127, to allow a bed and breakfast, with multiple
deviations, on the west 120 feet of the north one-half of Lot 2 and the west 120 feet of Lot 1,
Block B, Lindley and Guys Addition. The subject site is more commonly located at 202 Lindley
elace, which is at the southeast corner of the intersection of East Olive Street and Lindley Place.
Mayor Swanson noted the public hearing on this application was conducted at last week's
meeting.
City Manager Wysocki reviewed the memo which he had submitted to the Commissioners
in their packets. He noted that during the public testimony, concern was voiced that the site plan
submitted may not contain accurate dimensions. He stated that staff has done some rough field
measurements that suggest the distance from the east property line to the southeast corner of the
improvements on the site may not be as great as depicted on the site plan submitted, which would
impact the amount of space available for maneuvering out of the parking spaces. He suggested,
on this basis, that the applicant be required to submit a new site plan, prepared by a professional
engineer, which depicts the property lines and all improvements on the site, including all applicable
~
...,uimensions. He reminded the Commission that the house and the garage are already located on
the site; and there is only so much space between and around them.
The City Manager then noted that the area pointed out during the public hearing as being
the storm detention area contains a fairly large tree; and it is possible that area would not be a
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viable detention area. He cautioned the Commission to carefully consider these items during their
deliberations.
The City Manager stated that, based on the field measurements, the space between the
rear property line and the southeast corner of the house may be as much as six feet short of the
_pace required by the zone code for backing maneuvers from a parking space. He then asked if
the Commission would be willing to accept that much shortage on the measurement, suggesting
that if they will not, this project should probably be disapproved.
Mayor Swanson noted that the Commission has discussed the issue of safety very
extensively when reviewing recent applications. He then asked staff how much six feet might
impact the safety of vehicles maneuvering on this site.
City Manager Wysocki stated the figures contained in the zone code provide what is
generally considered a safe area. He suggested that in this instance, because of the small number
of units and the fact that traffic maneuvering around the site will be unfamiliar with the area and,
therefore, cautious, it may be more acceptable than under typical circumstances.
The City Manager then raised the issue of drainage. He suggested that to require that the
etorm drainage meet the requirements of the City Engineer might adequately address any concerns
surrounding that issue.
City Manager Wysocki reminded the Commission that another request forwarded by the
applicant was that the fence be six feet tall across the front portion of the yard and along the
property line to a point at the back of the adjacent structure, and that it then be increased to seven
feet tall for the remainder of the distance to the rear property line and along the rear property line,
to more adequately shield the parking area. He noted that the fence would be located six inches
off the ground, with a one-foot open wood configuration at the top and four and one-half feet of
solid wood fence in the six-foot-high fence and five and one-half feet of solid wood fence in the
seven-foot-high fence. He noted the applicant has also requested that curbing not be required
around the parking lot, and reminded the Commission that the purpose of curbing is to channel
.affic and to ensure that all storm drainage is maintained on site.
Assistant Planner Dave Grigsby drew a sketch of the site, including the dimensions
resulting from the field measurements. He stated there is approximately four feet between the
garage and the east property line, with mature trees strategically placed along that area. There is
20 feet 10 inches between the house and the south property line; and the proposed fence is to be
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located approximately one foot inside that property line. He noted there is 39 feet from the back
of the garage to the south property line. Since a parking space is 9 feet wide and 20 feet long, the
space between the garage and the fence could accommodate three parking stalls, with a space
between the parking lot and the garage that could possibly serve as a stormwater detention area.
_e also indicated there is 40 feet between the rear property line and the southeast corner of the
house. He then concurred with the City Manager that it would be in everyone's best interests to
have a professional engineer prepare a plan showing the accurate measurements of the site,
including the locations of all existing on-site improvements and accurate dimensions of the areas
between.
The Assistant Planner noted that curbing around the parking lot will keep any drainage
from running off the subject property and onto the neighboring property. He noted that since the
house to the south is located only two or three feet from the property line, this is an issue to be
carefully considered.
Responding to Commissioner Vincent, the Assistant Planner stated that a disabled parking
stall is to be 13 feet wide. He suggested that one of the three parking stalls in the rear yard could
.e widened, with an adequate area remaining for stormwater detention.
At the Mayor's request, Assistant Planner Grigsby reviewed the specific conditions for this
application, as recommended by the City-County Planning Board. Following that review, Mayor
Swanson suggested that the concerns about the storm detention area and the back-up maneuvering
area might be adequately addressed in those conditions, or possibly through a slight revision to
those conditions if the Commission deems necessary.
City Manager Wysocki noted that during public testimony, concern was expressed about
a four-foot-high fence along the north property line, which would negatively impact the line of sight
for those wishing to exit from the parking lot.
Responding to Commissioner Knapp, Assistant Planner Grigsby stated that if the requested
deviation is approved, the applicant will be required to provide five off-street parking spaces instead
ef the six spaces required under the zone code.
Responding to the Mayor, Planner Grigsby stated that the Development Review Committee
was not comfortable with the parking proposal which was forwarded with this application. He
noted that if it is determined the actual space available is three feet less than originally thought,
this could result in an even greater negative response from members of the DRC.
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Commissioner Knapp stated she has difficulty with the idea of making a decision on a
requested deviation when she does not know the extent of that deviation.
Commissioner Vincent concurred, stating he does not want to vote on this issue in
ignorance. He noted the decision is tough enough as is, without compounding it by lack of
~~ccurate dimensions. He stated that if it is determined there would be adequate space to provide
~ ~ parking lot that is functional, the deviation might be acceptable. He noted, however, that if the
result is a parking lot in which it is difficult to maneuver, people will tend to not park there.
He
stated, instead, they will choose the path of least resistance and park on the street, thus impacting
the neighborhood.
Commissioner Stiff stated he agrees with the comments forwarded by Commissioners
Knapp and Vincent. He noted that contiguous neighbors have expressed concern about this
proposed use of the property, and it is important to take those concerns into consideration in the
decision-making process. He then stated he feels it is critical to know the dimensions of the
property and how any inaccuracies may impact the parking and maneuvering on site before making
a decision.
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4 " Commissioner Vincent stated an interest in knowing whether the ADA requirements state
n t
that a disabled parking space must be provided on site or whether a disabled parking space on the
street is acceptable.
Commissioner Knapp noted there has been discussion about the snow removal and snow
storage area and the concern that the area has been proposed too close to the fence. She
suggested that the snow storage area should be located so it does not negatively impact
neighboring properties, noting the possibility of an off-site snow storage area has been suggested
in the information forwarded by staff.
Mayor Swanson stated he agrees with the Commissioners on the issue of knowing the
dimensions before taking action. He also stated he wants the issue of disabled parking addressed,
so they know the parameters on the requirements.
"~
. ~at tl It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission delay action on this application until such time as the applicant has provided
engineered drawings verifying lot dimensions and building locations, with preliminary engineering
design for storm water detention, and parking lot spaces and functions, including compliance with
ADA accessibility requirements. The motion carried by the following Aye and No vote: those voting
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Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson;
those voting No, none.
Decision - Conditional Use Permit for Planned Unit DeveloDment - Doug Rand reDresenting Boz. Inc.
. allow construction of two 12 -unit aDartment buildinas on 1.94-acre unDlatted Dortion of NW%.
W14 Section 12 T2S R5E MPM 115 South 11th Avenue
Z-93125
This was the time and place for the decision on the Conditional Use Permit for a Planned
Unit Development requested by Doug Rand representing Boz, Inc., under Application No. Z-93125,
to allow the construction of two twelve-unit apartment buildings on a 1.94-acre tract known as the
unplatted portion of the northwest one-quarter of the southwest one-quarter of Section 12,
Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more
commonly located at 115 South 11 th Avenue.
City Manager Wysocki submitted to the Commission a letter from Doug Rand, dated
November 2, 1993, requesting that action on this item be delayed for a period of one week as he
is out of town.
It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the decision
en this application be deferred for a period of one week, per the applicant's request. The motion
carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Knapp,
Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none.
Staff reDort - reauest for annexation - .4S-acre tract located in the SE%. Section 11. T2S. R5E.
MPM - Susan J. Smilev and Steven Wenzel. 2502 West Babcock Street
City Manager Wysocki noted that, included in the Commissioners' packets, was the
written staff report.
Assistant Planning Director Debbie Arkell presented the staff report, noting this is the first
step in the annexation process. She reminded the Commission that the applicants previously
requested permission to connect to the City's sewer system; one of the conditions of approval was
eat they seek annexation. She reviewed the location of the subject site, noting it is located along
the south side of West Babcock Street, and is contiguous to the Volz/Wallin Annexation on both
the south and the west. She stated the sewer and water mains are both located adjacent to this
site; and extension of those lines would be easy. She reminded the Commission that the septic
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system on this site is failing and, because the parcel is less than one-half acre in size, the County
Sanitarian will not allow them to replace the septic system with a new one.
Assistant Planner Director Arkell stated that staff has reviewed this application in light of
the eight goals and twelve policies set forth in Commission Resolution No. 2716; and the written
.indings are contained in the staff report. She summarized those findings, noting the application
is generally in compliance with Goal Nos. 1, 2, 3, 7 and 8 and does not substantially conflict with
any of the twelve goals. She then recommended that if the Commission determines it appropriate
to proceed with annexation of the subject property, five issues be addressed in the Annexation
Agreement, including: (1) dedication of a 45-foot easement for West Babcock Street, in lieu of the
34 Y2 to 35-foot-wide easement presently in place; (2) waivers of right to protest the creation of
SID's for improvements to West Babcock Street and signalization of the intersection of West
Babcock Street and West Main Street; (3) usable water rights or a cash-in-lieu payment, based on
the single-family character of the property; (4) a mylar map suitable for filing be prepared; and (5)
the existing septic tank be pumped and filled or removed within thirty days of tying onto the City
sewer.
. The Assistant Planning Director stated that both the Fire and Police Departments have
indicated they can provide services to the site. She noted that the applicants have requested a
zone map change; and that application will be before the Planning Board next week and before the
City Commission on December 6.
Responding to Commissioner Stiff, the Assistant Planning Director stated staff has
attempted to respond to the questions and concerns raised by the applicants in their letter of
October 4. She noted that staff has attempted to assure the applicants that they would not be
asked to provide more than their proportionate share of any of the items listed. She noted that the
City does not typically compensate individuals for easements. She also indicated that the City's
Engineering Department could provide the needed mylar map for this annexation because the
certificates of survey and the property lines are so well identified. She noted that the language
eYPiCallY contained in waivers of right to protest the creation of SID's is specific in limiting the
scope of the project for which the applicant will be liable at the time a special improvement district
is created and assessed.
Further responding to Commissioner Stiff, Assistant Planning Director Arkell stated she
does not believe that these questions negate the application. She noted, however, that if the
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applicant refuses to execute the Annexation Agreement and attendant waivers, the process will
be halted.
Ms. Susan Smiley, applicant, stated she is concerned about being asked to waiver her
legal right to protest the creation of a special improvement district, particularly because of the
.ncertainties about the costs involved. She stated this request is being forwarded because they
have no choice. She noted the County Sanitarian will not approve their replacement of the failing
septic system; and the City will not allow them to connect to the City sewer without annexation.
She noted that with the requirements which have been forwarded by the Planning Staff, she feels
they essentially have no rights left; and she is concerned about the financial burden that the
potential SID's may place on their property.
City Attorney Luwe reminded the Commission that State statutes require that the
assessments be in proportion to the benefit derived to the property. He suggested that this statute
protects the applicant from what she feels could be excessive assessments.
Ms. Smiley then raised the issue of easements for the road, noting that with this additional
easement, 38 percent of the total square footage of their property will be in easements; and they
.re still required to pay taxes on that property. She indicated that. while she agrees the street
needs to be improved, she is still concerned about the cost.
Responding to questions from Mayor Swanson, the Assistant Planning Director stated that
it would cost more to have the property surveyed and a plat filed to dedicate the right-of-way for
the street than it would cost to keep the easement and pay property taxes on the property. She
then indicated that with the properties fronting West Babcock Street being a checkerboard of city
and county jurisdictions, filing a plat that would include dedication of the street right-of~way would
be extremely difficult to accomplish.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission authorize and direct staff to prepare the resolution of intent to annex the subject .48-
acre parcel. The motion carried by the following Aye and No vote: those voting Aye being
eommissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
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ADDointments to Bozeman Area Bicvcle Advisorv Board (1)
City Manager Wysocki noted that, included in the Commissioners' packets, was a memo
from Clerk of the Commission Sullivan forwarding a list of applicants for the vacancies on the
various boards and commissions.
. Prior to the appointment process for each of these advisory bodies, City Attorney Luwe
, and Clerk of the Commission Sullivan reviewed the residency requirements and the configuration
of the current members' residency.
Commissioner Knapp nominated Charles Day; Commissioner Vincent nominated Elizabeth
Pfaff. Two Commissioners indicated support for each nominee.
Mayor Swanson then requested this item be placed on next week's agenda, when a full
Commission is present.
ADDointments to Bozeman Area Beautification Advisorv Board (2)
Commissioner Stiff and Commissioner Vincent, in turn, expressed concern about receiving
only one application for two vacancies and about appointing that one individual at this time because
.hey wish to ensure that the residency requirements are being fulfilled.
It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the
Commission appoint Steven Dobbie to the Bozeman Area Beautification Advisory Board, with a
term to expire on June 30, 1995. The motion failed by the following Aye and No vote: those
voting Aye being Commissioner Knapp and Mayor Swanson; those voting No being Commissioner
Stiff and Commissioner Vincent.
Mayor Swanson requested that this application be held until the next appointment process
and that this vacancy be advertised with the upcoming cycle of appointments.
ADDointment to Design Review Board ( 1 )
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
.ommission appoint Maire E. O'Neill to a two-year term on the Design Review Board, to expire on
June 30, 1995. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
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Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1 ) Letter from David Knox, 530 East Curtiss Street,
dated October 22, encouraging
,.he Commission to promote more bicycle use in Bozeman.
(2) Copy of a letter to Code Enforcement Officer Beall, dated October 25, signed by
a number of residents in the 3000 block of Secor Avenue, asking that enforcement proceedings
be taken against the owners/residents of 3010 Secor Avenue.
(3) Letter from John McEachern, Federal Energy Regulatory
Commission, dated
October 26, forwarding an itinerary for site review of the Missouri-Madison Hydroelectric Project
on November 16 through 18.
(4) Agenda for the County Commission meeting held today
at 1 :30 p.m., along with
daily minutes for the week of October 25.
(5) Information sheet from the Chamber of Commerce regarding
membership in their
organization and forwarding their slogan "More in '94".
. (6) Copy of the business survey from the Montana Chamber
of Commerce.
Memo from Sue Higgins, Chair of the Beautification Advisory Board, reminding
(7) members and Commissioners of the next meeting, which is scheduled
for noon on Friday,
November 12.
(8) Agenda for the Development Review Committee meeting
to be held at 1 0:00
a.m. on Tuesday, November 9, at the Carnegie Building.
(9) Agenda for the Design Review Board meeting to be
held at 3:30 p.m. on
Tuesday, November 9, at the Carnegie Building.
(10) The City Manager submitted his weekly report, as
follows: (1) Met with
representatives from HRDC last week regarding affordable housing. He has asked them to forward
a proposal for handling the CDBG housing activities in lieu of hiring a part-time person, which is
.lcluded in this year's budget. (2) Staff is working on possible revisions to the ordinance enabling
the City to create a neighborhood parking district; and those revisions will be submitted to the
Commission for consideration at
next week's meeting. (3) Stated that
Neighborhood
Coordinator/Grantsperson Goehrung will serve as Hearings Officer for a public hearing in
conjunction with the needs assessment for an application for CDBG economic development monies
11-08-93
~ 16 -
from 5:30 to 7:00 p.m. on Wednesday, November 17, at the Library. (4) Announced the
Interagency Breakfast, scheduled for 7:00 a.m. on Wednesday at the Baxter. (5) Reminded the
Commission of the meeting scheduled for 10:00 a.m. on Friday, at the Courthouse, to discuss the
upcoming special legislative session. (6) Stated that the City Hall team and the Fire Department
.eam bowled yesterday in the Bowl for Kids' Sake fundraiser for Big Brothers and Big Sisters
yesterday, and raised over $2,800 for the organization.
(11 ) Commissioner Stiff stated that when they thought they had a fire in the van, he
and his wife discovered firsthand how rapidly and well our Fire Department operates.
( 12) Commissioner Knapp submitted the following: (1) Remarked on the number and
caliber of applications received for the boards and commissions, particularly the Design Review
Board, which has rather stringent requirements. (2) Noted the great public transportation system
in Atlanta, Georgia. She stated that MART A provided a quick way to get from one place to
another; and the mass transit was scheduled in a manner to accommodate even peak time, such
as when the Atlanta Falcons football game ended.
( 13) Commissioner Vincent stated he has spent a substantial amount of time preparing
end of term grades for students.
( 14) City Attorney Luwe stated he is working on a complaint for injunction and
declaratory judgment against Karst Stage and will hopefully have it filed this week.
( 15) Clerk of the Commission Sullivan submitted the following: (1) Reviewed the
agenda for next week's meeting, noting it includes two public hearings. (2) Stated that the new
update for the Bozeman Municipal Code has been received and incorporated into each of the
Commissioners' code books. (3) Stated she has posted the updated information sheet on cities and
counties in the State, as prepared by the Local Government Center.
(16) Mayor Swanson submitted the following: (1) Welcomed Commissioner-Elect
Youngman to the meeting, noting Commissioner-Elect Stueck was at the meeting earlier but has
now departed. (2) Stated he will be unable to attend the meeting regarding the special legislative
eession on Friday. (3) Stated an expanded group of the water quality district steering committee
met at noon at the Baxter, at which time they determined it is necessary to expand that group even
further to include interested business people. He reminded the Commission of the financing for this
project, which includes $22,000 from the City, $12,500 from a State grant, and another $3,000
grant just received.
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Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Acknowledae receipt of cetition reauesting installation of an engineered traffic
circle at the intersection of South 6th Avenue and West Koch Street:
refer to staff
'. Claims
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp, Commissioner Stiff and Mayor
Swanson; those voting No, none.
Adjournment - 6:02 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Knapp, seconded by Commissioner Stiff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp,
.ommissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none.
TIMOTHY SWANSON, Mayor
ATTEST:
{2~~~~
ROBIN L. SULLIVAN
Clerk of the Commission
.
11-08-93
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