HomeMy WebLinkAbout1993-07-06 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 6, 1993
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, July 6, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost,
Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk
of the Commission Sullivan. Commissioner Stiff 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 - regular meetina of June 28. 1993. and sDecial meetinas of June 30 and July 1, 1993
It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the
"inutes of the regular meeting of June 28, 1993, be approved as amended; and the minutes of
the special meetings of June 30 and July 1, 1993, be approved as submitted. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
Presentation of contribution from residents in New Hvalite View Subdivision for upgrading of park
in their subdivision
City Manager Wysocki stated that representatives of a group of residents in New Hyalite
View Subdivision have requested an opportunity to address the Commission.
Mr. Rick Jandron, 1406 Cherry Drive, stated that on June 5, as a part of the kick-off for
National Trail Day activities, residents of the New Hyalite View Subdivision conducted a pancake
ereakfast, in an effort to raise monies for the replacement of playground equipment in their park.
He stated they raised $501 for that purpose, which he presented to Mayor Swanson.
Mayor Swanson accepted the contribution on behalf of the City, thanking Mr. Jandron and
the residents of the subdivision for their contributions to this effort.
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Mr. Jandron noted that the City has been working in the park during the past couple
weeks, and it looks better. He also noted that the trail work is in progress.
Responding to Mayor Swanson, Mr. Jandron stated that he has heard comments from
residents in the area who were not aware of the anticipated work on the park and the trail system
~. this year. He noted that once the plans are explained to those individuals, they seem very receptive
to the improvements that are being made in their neighborhood.
The Commissioners thanked Mr. Jandron and the neighborhood for their contribution
toward improving the park in their subdivision.
Deviation from Section 18.18.050. to allow new aable roof on existing structure to encroach two
feet into the reauired eiaht-foot side yard setback - Phvllis Wiersma. 220 South Bozeman Avenue
City Manager Wysocki reminded the Commission that at last week's meeting,
Commissioner Knapp requested this item be placed on the agenda. He then noted that, included
in the Commissioners' packets, was a memo from City Attorney Luwe, dated July 1, 1993.
Mayor Swanson noted that the City Attorney's memo raises the question of whether a
majority of the Commission wishes to revisit this item.
. Commissioner Knapp stated she feels, in retrospect, that it would have been appropriate
to delay the decision when this item appeared before the Commission two weeks ago, since only
three Commissioners were present, rather than trying to make a decision on the issue. She stated
that after reviewing the minutes for that meeting, she feels it would be appropriate to place this
item back on the agenda, for consideration by a fuller Commission.
Responding to the City Manager, Assistant Planner Grigsby stated there is a ten-day notice
requirement for deviations, which would place this item on the July 19 agenda.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission place the requested deviation from Section 18.18.050, to allow a new gable roof on
an existing structure to encroach two feet into the required eight-foot side yard setback, as
eequested by Phyllis Wiersma for 220 South Bozeman Avenue, on the July 19 meeting agenda for
consideration. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
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Ordinance No. - Tentative ADDroDriation Ordinance for Fiscal Year 1993-1994
City Manager Wysocki presented the Tentative Appropriation Ordinance, as approved by
the City Attorney, entitled:
ORDINANCE NO.
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT
EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO
OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND
CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL
GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1994.
The City Manager reminded the Commission that the figures in the Tentative Appropriation
Ordinance are the same as those which he had submitted in his recommendations for the budget
for Fiscal Year 1993-1994. He then noted that attached to the ordinance, which provides for
appropriations in the amount of $19,403,794, is a listing of proposed changes which have been
discussed by the Commission in its three work sessions on the budget. He stated that these
proposed changes will be read into the record at the beginning of the public hearing; and testimony
will be received on those changes as well as the Tentative Appropriation Ordinance at that time.
The City Manager then recommended that the Commission provisionally adopt this
.rdinance and set the public hearing for July 26.
Responding to Commissioner Frost, the City Manager requested that any additional
changes which the Commissioners wish to discuss at the public hearing be submitted in writing by
July 21, so they can be incorporated into a memo for Commission consideration during the hearing.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission provisionally adopt the Tentative Appropriation Ordinance for Fiscal Year 1993-1994
and set the public hearing for July 26, 1993. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent
and Mayor Swanson; those voting No, none.
.iScussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
( 1 ) Letter from the Gallatin Saddle and Harness Club, dated June 29, thanking the
Commission for their assistance in making the CNFR parade a success.
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(2) Agenda for the County Commission meeting held this afternoon at 1 :30 p.m.,
in the Courthouse, along with daily minutes for the week of June 21, 1993; and a subsequent
revised agenda for the meeting, which was received today.
(3) Agenda for the Development Review Committee meeting held this morning at
.10:00 a.m. at the Carnegie Building.
, (4) Memo from the Planning Office to the remaining Design Review Board members
announcing that DRB meetings will be held every other week, beginning on July 13.
(5 ) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on
Wednesday, July 7, in the Commission Room.
(6) Agenda for the Highway Commission meeting to be held on Thursday, July 8,
in Helena.
(7) Listing of motel reservations which have been made for the League of Cities and
Towns Convention, to be held in Great Falls on October 6 through 8.
The City Manager asked those on the list to review the reservations and forward any
changes to the Clerk within the next month or two.
. (8) The City Manager submitted his weekly report, as follows. (1) Reviewed the
budget with the Administrative Services Director last week, in anticipation of the budget work
sessions. (2) The Chief of Police indicated that this past weekend was relatively quiet--probably
due in large part to the weather. (3) The Finance Department is beginning the process of closing
the books for last fiscal year. (4) Staff is receiving questions about how the potential special
Legislative session may impact local governments; and that issue is now being reviewed. (5)
Announced a possible two-day trial is scheduled to begin tomorrow in City Court. (6) Announced
the City picnic is scheduled for 5:00 p.m. on Friday, July 30, at Bogert Park; and the charge is
$1.00 per person for everyone age 6 and up.
(9) Commissioner Vincent stated that he has talked to a number of people about
traffic circles and speed limits recently. He noted that many people seem to be more concerned
.bout the speed of traffic in residential areas than about the volume. He suggested that the speed
limits should be carefully reviewed, particularly since Kagy Boulevard and South Willson Avenue
have speed limits of 25 miles per hour; and so do the residential streets such as Dickerson Street
and Third Avenue. He suggested that if the speed limit on residential streets were lowered, it
might encourage people to use the arterial and collector streets instead.
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Mayor Swanson noted that Director of Public Service Forbes has repeatedly suggested
that the speed limit on Kagy Boulevard should be raised to 35 miles per hour. He suggested that
an increase in the speed limit on that type of street and decrease in the speed limit on residential
neighborhood streets could serve as a disincentive for people to use those interior streets.
Commissioner Vincent suggested that traffic circles could also be beneficial. He noted
.hat people near two different intersections have indicated an interest in possibly seeking an
experimental circle to determine if it would have the desired results.
(10) Commissioner Knapp stated that on Friday, she attended the Beautification
Advisory Board meeting. She announced that the sculpture will be on display in the front window
of First Security Bank, instead of at First Bank, on August 23 through 30. She noted that the
sculpture may be available for a private showing to the Commission during the week of August 16
through 22; and she will provide additional information on that possibility at a later date.
(11 ) Commissioner Frost stated that last week, the business improvement district
committee for the DBA met. A contingent of DBA members had gone to Walla Walla, Washington,
to view their business improvement district and discuss the program with the people involved. He
.noted that the cost of that program was between $60,000 and $70,000; and the study was
completed in 100 days. The Commissioner stated that the DBA membership plans to raise $5,000
and is asking for approximately $30,000 in donations, then will determine how to finance the
remainder and what the Association wants for the downtown. He noted excitement that the
project is now beginning to move forward, after over a year of planning.
( 12) City Attorney Luwe stated that a new lawsuit has been filed, stemming from a
June 1991 traffic accident involving a City vehicle at an uncontrolled intersection. He noted that
the claim has been referred to MMIA.
( 13) Clerk of the Commission Sullivan submitted the following. (1) Announced that
the Library Board of Trustees meeting scheduled for Friday has been cancelled. (2) Indicated that
next week's agenda appears to be very light. (3) Announced that there will be four public hearings
.t the meeting of July 19, briefly highlighting them. (4) Announced that her assistant, Brenda
Statton, will be back to work on Monday. (5) Stated that Commissioner Vincent brought the gifts
from the Japanese visitors to her office last week; and they will be displayed in her office later this
week.
(14) Mayor Swanson noted Dave Barry's recent column in the newspaper, in which
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he stated strong support for wearing a helmet when bicycle riding, as the result of his son being
in an accident.
( 15) Mayor Swanson stated he feels the City is very fortunate to have ten candidates
for the three positions on the City Commission. He suggested that the City plan some type of
_rientation session for these individuals, providing them with some written documents and possibly
presentations from department/division heads in a retreat type of setting. He noted that through
this process, the candidates would be better informed.
The City Manager suggested an option might be to conduct such an orientation after the
primary election, if the Commission desires to conduct one.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Commission Resolution No. 2923 - fixing the form and Drovidina for execution
and delivery and security of SDecial ImDrovement District No. 657
bonds in the amount of $130.000
COMMISSION RESOLUTION NO. 2923
. A RESOLUTION RELATING TO $130,000 SPECIAL IMPROVEMENT DISTRICT
NO. 657 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR.
Deviations to Section 18.38.050. to allow structure to encroach 8 feet into the
reauired 38-foot front yard setback and 6 feet into the reauired 28-foot
side yard setback, and to Section 18.38.040. to allow develoDment to
exceed the GO-Dercent allowable lot coveraae by imDervious surfaces -
Wayne Paffhausen for Mountain States Leasina (USDA building); Der
DRB recommendation (Z-9377)
Deviation to Section 18.18.050. to allow a Dortion of the new addition to
encroach two feet into the reauired eight-foot side yard setback - Dick
and JOY Schroeder. 408 South Gth Avenue; per DRB recommendation
(Z-9386)
Acknowledge receiDt of reauest from Clair Daines to invoke the Drovisions of
Ordinance No. 1366. to allow simultaneous installation of infrastructure
and structures in Westfield. Phase III; refer to staff for DreDaration of
aareement
. Authorize transfer of $230.680 from the General Fund to a scecial revenue fund
for renovation of the Law and Justice Center in Fiscal Year 1993
Claims
It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
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to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
_ece.. - 4:10 p.m.
Mayor Swanson declared a break at 4: 1 0 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings.
Continued Dublic hearina - Commission Resolution No. 2914 - intent to annex 4.078 acres - Lot
1. Gordon Mandeville State School Section Subdivision (old KBMN site)
This was the time and place set for the continued public hearing on Commission
Resolution No. 2914, as approved by the City Attorney, entitled:
. COMMISSION RESOLUTION NO. 2914
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 BOUNDARIES OF SAID CITY OF
BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE
CORPORATE LIMITS THEREOF.
Mayor Swanson reopened the continued the public hearing.
Senior Planner Dave Skelton presented the staff report. He reminded the Commission that
he had made a comprehensive presentation of the report at the May 17 meeting; and at the May
24 meeting, the Commission adopted this resolution, stating its intent to annex the subject parcel.
He noted that the subject 4.078-acre parcel is known as Lot 1, Gordon Mandeville State School
.ection Subdivision, located at the northwest corner of the intersection of Mandeville Lane and
North 7th Avenue and more commonly known as the old KBMN radio station site. He reminded
the Commission that they recently considered and approved a conditional use permit application
to allow two retail uses in the existing building.
The Planner briefly highlighted some of the major issues in his staff report. He stated that
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the Director of Public Service has indicated there are adequate water and sewer services in
Mandeville Lane to serve the subject parcel. However, there is no storm sewer service available,
so the applicant must provide on-site detention/retention facilities.
The Senior Planner stated that the applicant, Mr. William B. Thompson for Thompson
_roperties, has been working with the developers of the new Ramada Inn, which is located
.. southwest of the subject site, on a method for improving Mandeville Lane. He stated that while
both developers would like to begin the SID/RID process to improve that roadway to a City street
standard, they also recognize the problems they could encounter in such action. He noted that
they have agreed to at least improve Mandeville Lane to a County standard at this time, which is
a condition for approval of both projects.
Senior Planner Skelton stated that the applicant is proposing the possible subdivision of
the 4.078 acres into four commercial lots, through a long-range master plan for the parcel. He
stated that if that occurs, it may be necessary to improve Flora Lane as an access to some of those
lots.
The Planner stated that staff has reviewed this application in light of the eight goals and
.welve policies set forth in Commission Resolution No. 2716; and those findings are included in the
staff report dated May 17, 1993. He stated that the application is generally in compliance with
most of the goals and the policies, except that the parcel is less than five acres, and is neither
wholly surrounded nor bounded by the City on three sides. He then reviewed the staff summary,
which suggests that the following items be addressed in the Annexation Agreement:
1. That the applicant provide waivers of right to protest the creation of an
SID for improvements to Mandeville Lane and Flora Lane to full City
standard streets;
2. That the applicant provide a waiver of right to protest the creation of
an SID for signalization at the intersection of North Seventh Avenue
and Mandeville Lane/Griffin Drive;
3. That the applicant provide the appropriate fee in lieu of usable water
rights; and
. 4. That the applicant provide a legal metes and bounds description
completed by a Montana licensed surveyor of the annexation request,
identifying the general area of the parcel in question and the adjacent
public road rights-of-way (North Seventh Avenue, Mandeville Lane and
Flora Lane).
The Planner stated that the first item was also a condition for approval of the Conditional
Use Permit, since staff was uncertain about which process would be completed first; and that
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condition has already been met. He noted, however, that it should remain a part of the annexation
agreement.
Senior Planner Skelton stated that, as of this afternoon, the Planning Office had not
received any oral or written comment on this requested annexation.
e Responding to Mayor Swanson, Planner Skelton stated that he feels that if the four items
isted above are adequately addressed in the annexation agreement, the staff's concerns will be
alleviated. He then noted that substantial discussion has revolved around improvements to
Mandeville Lane.
Mr. William Thompson, Thompson Properties, emphasized the fact that he is working with
representatives from the Ramada Inn to negotiate a plan for improving Mandeville Lane that is
acceptable to everyone. He noted there are some legal issues that must be resolved before an
SID/RID can be requested, including a ruling on which adjacent property owners may be exempt
from assessments. He will be meeting with Gaston Engineering tomorrow regarding a contract for
engineering services for improving Mandeville Lane to City standards, although it may be possible
only to improve the roadway only to County standards at this time.
. Senior Planner Skelton noted that Mr. Thompson has taken the lead in solving a problem
which the City has faced for some time. He stated that if the Wheat Subdivision had been created
under the current zoning requirements, Mandeville Lane would have been improved immediately;
and it would not be an issue now.
City Manager Wysocki stated that neither he nor the Clerk has received any written
comment regarding this requested annexation.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
Mayor Swanson closed the public hearing.
.' It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission authorize and direct staff to proceed with the necessary steps for annexation of the
subject parcel. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those
voting No, none.
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Continued Dublic hearing - Conditional Use Permit - Steve SDarks - to allow the construction of a
5.077-sauare-foot office building on Lot 1. Remington Subdivision (1822 West Lincoln Street)
This was the time and place set for the continued public hearing on the Conditional Use
Permit requested by Steve Sparks, under Application No. Z-9356, to allow the construction of a
5,077-square-foot office building on Lot 1, Remington Subdivision. The subject parcel is more
,.0mmonIY located at 1822 West Lincoln Street and is zoned R-4, Residential, High-density District.
City Manager Wysocki submitted to the Commission a fax message from Paul Siderius,
Jerry Locati Architects, dated July 6 and received in the Planning Office this afternoon, requesting
that this public hearing be reopened and continued to the evening of July 19. He suggested that
in this instance, since no one from the public is present to address the issue, it would be
appropriate to honor this request and reopen and continue the public hearing. He cautioned,
however, that the Commission should consider establishing a policy under which if anyone from
the public is present to speak, the staff report be made and the public present be allowed to speak
before the public hearing is continued.
Responding to Commissioner Frost, the City Manager stated that, to date, no limitation
on the number of extensions for a public hearing has been set. He noted that when no public is
.resent to speak on a subject, extensions are no problem; however, they do become a problem
when there is public interest. He suggested that the Commission should consider establishing a
. policy when there is no critical issue before them, rather than in a reactive situation.
Mayor Swanson reopened and continued the public hearing to 7:00 p.m. on Monday, July
19, per the applicant's request.
Adjournment - 7:20 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
.ommissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
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_TTEST: TIMOT Y S SON, Mayor
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ROBIN L. SULLIVAN
Clerk of the Commission
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