HomeMy WebLinkAbout1992-12-21 ccm
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MINUTES OF
THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
December 21, 1992
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o. The Commission of the City of Bozeman met in regular
session in the Commission Room,
Municipal Building, December 21, 1992,
at 2:00 p.m. Present were Mayor Swanson,
Commissioner Frost
(arrived at 2:50 p.m.),
Commissioner Stiff, Commissioner Vincent,
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Commissioner Knapp, City Manager Wysocki (arrived at 3:05 p.m.), City Attorney Luwe and Clerk
of the Commission Sullivan. The Mayor requested that City Attorney Luwe serve as the Acting
City Manager until City Manager Wysocki arrived.
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
. Mayor Swanson requested that action on the minutes of the meetings of December 7 and
December 14, 1992, be deferred for a period of one week.
Continued Dublic hearina - zone maD change - A-S and M-1 to M-1. R-1. R-3 and B-1 - Dortion of
COS No. 1353 and 1353B. Section 31. T1S. R6E. MPM (Z-92142): Dreliminarv Dlat review -
Bridger Creek Meadows Subdivision. Phase 1 (P-9233) - Golf Course Partners. Inc. (west of Storv
Mill Road. north of Bridger Drive and east of the East Gallatin River)
A. Zone map change.
This was the time and place set for the continued public hearing
on the zone map changes
requested by Golf Course Partners, Inc., under Application No. Z-92142, from A-S, Agriculture--
Suburban, and M-1, Commercial--Light Manufacturing, to R-1, Residential, Single-family Low-
. density. R-3, Residential, Medium-density, B-1, Neighborhood Service, and AS, Agriculture--
Suburban, M-1, Commercial--Light Manufacturing, and A-S, Agriculture--Suburban, on a portion of
Certificate of Survey Nos. 1353 and 13538, located in Section 31, Township 1 South, Range 6
East, Montana Principal Meridian. The subject site is more commonly located west of Story Mill
Road, north of Bridger Drive and east of the East Gallatin River.
Senior Planner Dave Skelton presented the staff report. He
stated that, included in the
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Commissioners' packets was a memo dated December 1, 1992 outlining the proposal.
He
reviewed the contents of that memo, as follows:
Current Zoning
Pro Dosed Zoning Area
A-S
R-1 13. 14 acres
A-S
R-3 82.50 acres
~ A-S
B-1 7.11 acres
~ M-1
A-S 2.50 acres
M-1
R-1 .75 acres
M-1
R-3 1 .77 acres
TOTAL
J 07.77 acres
The Planner then explained that during his presentation, reference
will be made to the
287-acre parcel, which is the area being annexed under separate action; and all of that property
is presently zoned A-S. He also noted that a 5.02-acre parcel is located immediately east of that
parcel and is presently zoned M-1; and that parcel will also be included in the overall development
of the project proposed by the applicant under this zone map change and the subsequent
preliminary plats. He stated that if the Commission approves these requested zone map changes,
the applicant must provide a metes and bounds description of each zone and the actual acreage
contained in each.
. Planner Skelton stated that, following its public hearing
on the proposed zone code
amendments, the Planning Board approved the amendments on a 7 to 1 vote. He noted that under
these amendments, the applicant proposes clustered development on 8,000 to 10,00O-square-foot
lots. He then stated there was confusion before the Planning Board
about how much of the
property is being addressed under this zone map amendment. He informed the Commission that
all of the 287-acre parcel is under consideration, as well as the 5.02-acre parcel to the east which
is presently zoned M-1 and will be incorporated into the overall development.
Senior Planner Skelton commented that staff reviewed this request
for zone code
amendments in light of the twelve criteria set forth in the zone code. He noted the issues of light,
air, fire protection and safety were raised; however, most of those issues will be addressed during
.Ubdivision or specific development proposals. He reminded the Commission that the
issue of
whether the proposed zoning is in compliance with the master plan is of primary consideration
under this agenda item.
The Planner stated that staff has been working with the applicant
since 1983 on this
development. He stated that, after approval of the conditional use permit to allow development
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of a golf course last year, the staff encouraged the applicant to move forward with that
development in a "good faith" gesture. He informed the Commission that the applicant has,
indeed, proceeded with that development; and the initial nine holes should be ready for play 1993,
with the back nine holes opening for play in 1994.
. The Planner stated that the intent of the proposed amendments is to bring the zoning into
compliance with the master plan land use designations for the area, which are "business
park/industrial", "urban infill" and "public open space". He noted that, because of the soft edge
concept of the master plan, the proposed amendments do not conflict with the master plan.
Planner Skelton reminded the Commission that it has adopted a resolution of intent to
annex the subject 287-acre parcel and conducted the public hearing on that resolution. He noted
that staff is now working with the applicant to develop an annexation agreement that is acceptable
to both parties; and a resolution of annexation will follow execution of the agreement and attendant
documents.
The Planner reminded the Commission that a specific development proposal may not be
considered in the rezoning process. He urged that the proposed rezoning stand on its own merits,
.since there is no guarantee that the subject parcel will develop as anticipated at this time.
Planner Skelton forwarded the Planning Board's resolution for approval of the requested
zone map amendments, contingent upon the applicant providing a metes and bounds description
and final annexation of the parcel.
Mr. Rex Easton, President of Golf Course Partners, Inc., indicated a willingness to answer
any questions.
No one was present to speak in opposition to the requested zone map amendments.
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.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission waive the customary one-week waiting period for land use decisions. 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.
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It was moved by Commissioner Knapp, seconded by Commissioner Stiff, that the
Commission approve the zone map changes requested by Golf Course Partners, Inc., under
Application No. Z-92142,
from A-S, Agriculture--Suburban, and
M-1, Commercial--Light
Manufacturing, to R-1, Residential, Single-family Low-density, R-3, Residential, Medium-density,
. B-1, Neighborhood Service, and AS, Agriculture--Suburban, M-1 , Commercial--light Manufacturing,
and A-S, Agriculture--Suburban, on a portion of Certificate of Survey Nos. 1353 and 1353B,
located in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. subject to the
following conditions:
1. That the applicant provide a legal description of each zone
map amendment,
describing the metes and bounds, by a licensed Montana surveyor
within
thirty (30) days of a decision by the Bozeman City Commission;
and
2. That any approval of the zone map amendment application is
contingent on
approval and final adoption of the resolution of annexation
of said property
by the Bozeman City Commission.
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.
B. Preliminary Plat Review.
. This was the time and place set for review of the preliminary plat for the Bridger Creek
Meadows subdivision, Phase I, under Application No. P-9233, located on portions of Certificates
of Survey No. 1353 and 13538, lying in Section 31, Township 1 South, Range 6 East, Montana
Principal Meridian. The subject site is more commonly located west of Story Mill Road, north of
Bridger Drive and east of the East Gallatin River.
Senior Planner Skelton presented the staff report for the subdivision, under which 52.84
acres of the subject 287-acre parcel are to be developed. He noted that under this application, four
R-1, low-density, single-family residential, lots; twelve R-3, medium-density residential lots which
will accommodate essentially four-unit condominiums or townhouses; three B-1, commercial, lots;
and two M-1, industrial lots. He stated that architectural guidelines will ensure the compatibility
. of commercial and industrial development to the single-family and medium-density residential
development.
The Senior Planner stated that staff reviewed the community impact statement for the
subject subdivision as well as the environmental assessment which had been submitted. He also
noted that responses from various State and local agencies have been reviewed; and copies of
those responses were attached to the staff report.
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Senior Planner Skelton stated that floodplains for both Bridger Creek and the East Gallatin
River traverse the subject 287-acres. He noted that a majority of that floodplain area has been
incorporated into the golf course area, although portions of it do affect some of the area to be
developed. He explained that groundwater levels are approximately 1.5 feet below the surface;
.and staff has recommended that this fact be noted on the final plat. He requested that a weed
control and herbicide/pesticide plan and fertilizing program be provided and incorporated into the
appropriate association documents.
The Senior Planner stated that mixing the golf course with residential, commercial and
industrial development should provide visual relief, particularly since many open space corridors will
be established. He further noted that the golf course and existing development along Story Mill
Road and Bridger Drive are designed to buffer development from the roadway.
The Senior stated that a ten-inch water main is to be extended to provide water to the
site, and looped before entering the City's water system again. He stated that the applicant
originally proposed a GO-foot-wide dedicated roadway, with the street constructed to City standard,
including curb and gutter. He noted that the Montana Department of Transportation has expressed
.concern about the proposed roadway from Bridger Drive to the subject site, particularly in light of
its proximity to the access for Horse World. He informed the Commission that the applicant is
currently working with property owners along Bridger Drive to determine if one access to Bridger
Drive can adequately serve both parties. He indicated that this issue is to be addressed prior to the
final plat. He further noted that the plat must be finalized before the golf course can open.
Planner Skelton noted that as a part of the golf course development, the applicant must
widen and overlay Story Mill Road and Mcllhattan Road, as well as provide a three- to four-foot-
wide path along the west of Story Mill Road to serve as a bike path. He stated that the Director
of Public Service, City Engineer and the Montana Department of Transportation feel that an updated
traffic study is needed, with the improvements identified in that study being reviewed to determine
eif additional improvements may be needed. He reported that at the present time, the Montana
Department of Transportation has identified right- and left-turn bays on Story Mill Road as well as
a secondary access to the site as needed improvements.
The Planner continued that there should be no problem with extending utilities to the
subject site, noting those issues have been adequately addressed by the Director of Public Service
and the City Engineer.
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Planner Dave Skelton stated that the abandoned Milwaukee Railroad bed traverses the
subject parcel. He reminded the Commission that acquisition of this right-of-way for trail purposes
has been identified by the Parks, Open Space and Trails Committee as one of its priorities. He
stated that the applicant recognizes the importance of protecting this trail corridor; however, the
. applicant is also working with the Committee as well as the Recreation and Parks Advisory Board
to relocate the trail to a different corridor across his property. The Planner noted that with this
realignment, the trail would run along the southern portion of the property, beginning at either Story
Mill Road or Bridger Drive through an access easement and providing access to the East Gallatin
Recreation Area. He stated that with the development of Phases II and III, an additional trail
system would be provided from the Park to Mcllhattan Road.
Planner Skelton stated that the City's landfill is located immediately to the north of the
subject property. He noted that the applicant recognizes the potential for loose paper to
occasionally blow onto his property.
Senior Planner Dave Skelton stated that staff has raised concerns about ensuring that any
impacts the commercial and industrial uses may create for the residential uses are adequately
..A mitigated. He noted the applicant's intent to generate land use development guidelines. He stated
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that staff has identified this as a relative weak part of the proposal and recommend that it be
expanded to more adequately respond to the planned unit development portion of the zoning
ordinance.
The Planner stated that the applicant has requested the parkland dedication be waived,
and that he be allowed to deed that portion of the property back to the Homeowners' Association,
with them assuming responsibility for its maintenance. He also noted that the preliminary plat
includes some lots and some tracts; and the golf course has not been identified in any manner. He
stated that the applicant has agreed to designate all of the parcels as "lots" to avoid confusion,
with the golf course being identified as one lot.
. Senior Planner Skelton stated that staff reviewed this application in light ofthe eight public
interest criteria set forth in the Code. He commented that following its review of those criteria and
its public hearing, the City-County Planning Board concurred with the staff's recommendation for
approval, subject to 24 conditions. He added that staff has forwarded two additional conditions
for Commission consideration in his memo dated December 21, which he distributed to the
Commission.
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Planner Skelton informed the Commission that the Planning Board received a letter from
Mr. Robert Heidecker, developer of Bridger lakes Meadows Subdivision, located on Springhill Road
at its intersection with Toohey Road. He noted Mr. Heidecker's concern is that the proposed
subdivision name of "Bridger Creek Meadows Subdivision" is so similar to his subdivision that it
. could create confusion. He stated that, as a result of this concern, the applicant agreed to
eliminate the word "Meadows", thus changing the name to "Bridger Creek Subdivision".
Senior Planner Dave Skelton reminded the Commission that State statutes establish a 60-
day period from the date the application is received until the governing body makes its final decision
on a preliminary plat. He cautioned that the 60-day period expires later this week; therefore, the
Commission must make its decision today.
Mr. Rex Easton, President of Golf Course Partners, Inc., stated there are approximately
twenty people in the corporation at this time; and most of them live in this area. He provided an
update on the status of the golf course, recognizing that the physical work on the first nine holes
of the golf course is complete. He stated they are now finalizing the plans for the pro shop and
should be submitting them for review within the next three weeks, in preparation for construction
.in the spring. He noted that they also plan to begin construction on the back nine holes of the golf
course as soon as possible. He indicated that, hopefully, the first nine holes will be open for play
by mid-summer, with the back nine being open for play the following summer.
Mr. Easton explained that they are presently working on developmental guidelines and
covenants which will ensure that development of the site will occur as anticipated and desired.
He noted that this process is being undertaken in a careful and methodical manner to ensure that
the documents will generate the desired results, rather than attempting to rush through the
process.
Mr. Jack Schunke, Morrison-Maierle/CSSA, consulting engineer representing the applicant,
addressed several concerns about traffic. He stated that the
Montana Department of
. Transportation is to minimize the number of approaches less than 100 feet apart. He informed the
Commission that the traffic study will evaluate possible new accesses onto Bridger Drive and
impacts on the intersection of Story Mill Road and Bridger Drive. He indicated that the study
should be completed within seven to fourteen days, at which time it will be forwarded to the
Director of Public Service and the City Engineer for review.
Responding to Commissioner Stiff, Mr. Schunke stated the applicant is willing to accept
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the conditions as recommended by the Planning Board and the Planning staff.
Commissioner Frost arrived at 2:50 p.m.
Responding to Commissioner Vincent, Mr. Schunke stated that, given the costs of
improvements, residential lots will probably be sold at $30,000 to $35,000 each; and it is
.anticiPated that homes will be in the $80,000 to $100,000 range. He estimated the cost of the
first home being constructed within the development at $150,000. He noted that the intent is to
keep the costs as low as possible, to allow the business person an opportunity to live in this type
of setting and enjoy a golf course facility.
Further responding to Commissioner Vincent, Mr. Rex Easton indicated that the issue of
toxic run-off into the water courses has been addressed for the golf course development; and he
proposes a similar plan for residential, commercial and industrial development on the parcel. He
stated that a similar weed control plan will be incorporated into the covenants and developmental
guidelines for development of the entire subdivision, which includes the requirement that only
licensed applicators be used. He commented there is not much need for pest control, so the
major
emphasis is on weed control and winter diseases in the golf course's plan.
. Responding to Commissioner Knapp, Planner Skelton indicated that with the 26 conditions
for approval, the Planning staff's concerns will be adequately addressed.
Mayor Swanson stated that only one bike lane is proposed along the west side of Story
Mill Road. He then asked if this lane is intended to accommodate one-way traffic or two-way
traffic.
Mr. Schunke responded that two-way bicycle travel is to be accommodated in the one
bicycle lane along the west side of the road. He stated that this design was established following
discussions with Sam Gianfrancisco, County Road Superintendent, based on his concerns about
road width and storm water run-off. He went on to say that this plan must be submitted to the
County Road Office for approval prior to construction of the improvements.
. Mayor Swanson stated that he anticipates a majority of bicycle travel on this roadway
would be mountain bikes headed to the trails. He suggested it might be more reasonable to provide
a wider bike lane that has an unpaved surface rather than a paved surface. The Mayor then asked
where storm run-off will be accommodated, particularly since the groundwater table is only 1 % feet
below the surface.
Mr. Schunke indicated that a swale through the property will provide a water run-off area,
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with a retention pond at the end, He then noted that with the
golf course and proposed open
spaces, retention of storm water on site should be easily accommodated.
City Manager Wysocki arrived at 3:05 p.m.
Mayor Swanson noted the tremendous problem of affordable housing
which faces this
,.community, and asked if any portion of this project could be developed for affordable housing.
Mr. Rex Easton responded this has been one of the issues that
he has considered. He
noted, however, that with the tremendous costs involved in developing this proposed project, it
is difficult to address the issue under this application. He indicated that the cost of improvements
alone is estimated at $12,000 per lot. He suggested,
however, the possibility of considering
utilization of some of the R-3 zoned lots which are not adjacent to the golf course for affordable
housing.
Responding to the Mayor, Planner Skelton stated that the issue
of affordable housing was
considered. He suggested that the City could provide some incentives; and through the planned
unit development and density bonus options, the number of units could be substantially increased,
thus decreasing the proportionate share of costs. He cautioned the Commission that the City has
. no specific criteria for development of affordable housing; and regulating this element could become
difficult.
City Manager Wysocki suggested that this site may not be optimal
for development of
affordable housing. He noted that affordable housing developments are usually located close to
grocery stores and shopping centers rather than on the edge of the community where services are
not immediately available.
Responding to Commissioner Frost, Planner Skelton stated that
during original reviews of
this proposed development, the applicant agreed to construct City standard streets.
He then
suggested the possibility of revising the street cross-section if that is deemed desirable, or possibly
requiring sidewalks on only one side of the street rather than both sides.
He reminded the
. Commission that this proposal opens a large area for development, including some commercial
development; and care must be taken to ensure that an adequate transportation system is provided,
Further responding to Commissioner Frost, Senior Planner Dave
Skelton stated that the
applicant is working with the POST Committee and the Recreation and Parks Advisory Board to
develop a trail corridor that is consistent with the rest of the trail system.
No one was present to speak in opposition to the proposed preliminary
plat,
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It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission approve the preliminary plat for Bridger Creek Meadows Subdivision, Phase 1, as
requested by the Golf Course Partners, Inc., under Application No. P-9233, subject to these
conditions:
. 1. That the final subdivision plat contain all required
certificates and
appropriate language as required in Chapter 1 6.40 of the Bozeman Area
Subdivision Regulations, City of Bozeman version, and outlined in the
staff report prior to Final Subdivision Plat approval;
~ 2. That the applicant provide documentation of written
approval by the
Montana Department of Health and Environmental Sciences for
water
and sewer main extensions prior to final subdivision plat approval;
3. That the applicant provide plans and specifications for the
water and
sewer main extensions, streets, and storm drain systems prepared
by
a professional engineer for review and approval by the City
Engineer
prior to final subdivision plat approval, and that the applicant
provide
professional engineering services for construction inspection,
post-
construction certification and preparation of mylar record
drawings;
4. That the infrastructure, including roadway base coarse, for
the
proposed subdivision be in place prior to issuance of any building
permits regardless of financial guarantees, and that the developer's
engineer provide a design report for the sewer and water systems
which shall include identification and evaluation of the Ultimate
Design
. Service Area for the sewer and water facilities prior
to the final
subdivision plat approval;
5. That right-of-way and lor easements for all off-site water
and sewer
lines, including interceptor easements, must be provided prior
to filing
of the final subdivision plat;
6. That the proposed water line is connected by an effective loop
to the
existing system of mains, and the sewer line(s) must be sized
to
accommodate the possible service area for the main, and all
sewer lines
must be accessible for cleaning and maintenance operations;
7. That the July 15, 1988, delineated 100-year flood plain must
be
depicted on
the final subdivision
plat, that the environmental
assessment evaluation of the flood plain must be revised to
address the
current, 1988,
F.I.R.M. maps, and that minimum finished floor
elevations, as defined in the City's floodplain ordinance,
be identified
for each individual lot on the final subdivision plat;
8. That the forty (40) foot wide drainage easement be identified
on the
plat as a continuous easement along Lots 37 through 41 prior
to final
. subdivision plat approval;
9. That the applicant provide documentation of providing water rights or
cash in-lieu of water rights to the City of Bozeman prior to
final
subdivision plat approval;
10. That the intersection of Story Mill Road and Bridger Canyon
Road be
analyzed through a formal traffic study by the applicant's
engineer,
taking into account the fluctuation in seasonal traffic, for
review by the
City Engineer and Director of Public Service, and if the level
of service
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is predicted to drop below a level of Service "C", mitigative
measures
must be taken by the applicant prior to final subdivision plat
approval;
10A. That the existing bridge on Story Mill Road over Bridger Creek
must be
reviewed and evaluated for possible widening and realignment
and/or
replacement by the applicant on a fair share basis, that the
evaluation
shall be done at the applicant's expense by a licensed engineer
for
review and approval by the County Bridge Superintendent, City
. Engineer,
Director of Public Service
and Superintendent of
Streets/Sanitation, and in no circumstances will the Final Subdivision
Plat be filed until immediate threats to health and safety caused by any
substandard aspects of the bridge are adequately addressed;
11. That the access onto Bridger Canyon Road at Story Mill road
and at the
east end of Tract E be approved by the Montana Department of
Transportation, and that a fee simple title to the sixty (60)
foot wide
right-of-way on Tract E be provided by surveying the parcel
for
conveyance as right-of-way to the City of Bozeman prior to
Final
Subdivision Plat approval;
12. That the access onto Bridger Canyon road at Story Mill Road
and at the
east end of Tract E be approved by the Montana Department of
Transportation prior to the applicant proceeding with installation
of
sewer, water, streets and sidewalks for the proposed subdivision;
13. That all street names, stop signs and any other required street
or traffic
signing as required by the City Engineer shall be provided
by the
applicant prior to Final Subdivision Plat approval;
. 14. That the applicant install City standard streets (37
feet back-of-curb),
curb and gutter), within sixty (60) foot wide dedicated public right-of-
way prior to final subdivision plat approval, and that boulevard
sidewalks shall be installed along both sides of the streets
within three
(3) years of filing the final subdivision plat;
15. That the proposed open space/linear trail corridor be identified
on the
Final Subdivision Plat as a twenty (20) foot wide public open
space/linear trail corridor easement and that it provide public
access
across the private park to the western edge of the subdivision,
that the
applicant install a six (6) foot wide gravel trail surface
prior to Final
Subdivision Plat approval, and that the subdivision's property
owner's
association be responsible for weed control and maintenance
of the
corridor;
16. That the applicant incorporate into the covenants of the property
owners' association the specific weed control plan approved
by the
Gallatin County Weed Control Board and wording that will insure
that
the association will share with the owner of adjacent agricultural
lands
in the continued maintenance of any fences, for review by the
Planning
Office prior to final subdivision plat approval;
. 17. That a public hearing be held, to include public notice
to adjacent
property owners, before the Bozeman City-County Planning Board and
Bozeman City Commission for review and approval of the property
owners' associations landscape and architectural guidelines
prior to
Final Subdivision Plat approval, and that the applicant provide
the
Planning Office with an appropriate fee for notice of public
hearing;
18. That the proposed park land be identified on the final plat
as "Private
Park"; that the park land, open space/linear trail corridor
and open
space at the northeast corner of the subdivision be identified
as
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'- "Common Open Space"; and that they be deeded back to
the property
owners' association for operation, maintenance and repair;
19. That all parcels identified on the preliminary subdivision
plat be
identified by a lot number rather than by tract, and that the
two golf
holes, Hole Nos. 6 and 7, be identified on the final subdivision
plat as
an individual lot;
A 20. That the access road across Tract E to the intersection
with Bridger
.,., Creek Drive and the cul-de-sac road be identified with
street names,
and that all proposed names for subdivision roads be reviewed and
approved by the City Engineer prior to Final Subdivision Plat
approval;
21. That the applicant be required to install all required improvements
to
Mclllhattan Road and Story Mill road as required by the conditional
use
permit for the 18-hole golf course prior to Final Subdivision
Plat
approval;
22. That the applicant has completed annexation of the subject
property
into the City of Bozeman and the application for the proposed
zone map
. amendments have been adopted by the City Commission
prior to Final
Subdivision Plat approval;
23. That the Bozeman City Commission be made a third party to any
revisions, corrections or modifications to the protective covenants
of
the property owner's association documents;
24. That the applicant provide the necessary dedicated right-of-way
for
Story Mill road, not to be less than a total of sixty (60)
feet wide, as
. required by the City Engineer and County Road Superintendent,
and
that it be noted on the final plat prior to Final Subdivision approval:
25. That the applicant amend the name of the subdivision to "Bridger
Creek
Subdivision", eliminating the word "Meadows" from the title,
and that it be
noted accordingly on the final subdivision plat prior to final
approval; and
26. That upon installation of the sanitary sewer mains, and prior
to final subdivision
plat approval, the new single family residence presently situated
on the subject
property shall tie into the City's sanitary sewer system in
accordance with
Section 13.28.140 of the Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
City Attorney luwe indicated that he will prepare findings of fact for the subdivision, for
Commission consideration at a later date.
.
Break - 3:10 D.m. to 3:30 D.m.
Mayor Swanson declared a break from 3: 1 0 p.m. to 3:30 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
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Decision - aooeal of Planning Board's decision regarding maior site Dlan aoolication to allow the
develoDment of a 121.270-sauare-foot single-user retail store. auto care and garden center with
a 30.000-sauare-foot future eXDansion area - Wal-Mart (2-92135)
This was the time and place set for the decision on the appeal of the City-County Planning
Board's decision regarding the major site plan application, under Application No. 2-92135, to allow
. the development of a 121, 270-square-foot singie-userretail store, auto care and garden center with
a 30,000-square-foot future expansion area. The subject appeal has been filed by Civil Land
Consultants, Inc., on behalf of Wal-Mart, Inc.
At Mayor Swanson's request, City Attorney Luwe reviewed the options available to the
Commission under Section 18.58.090 of the zoning ordinance. He noted that the Commission may
choose to uphold, overturn or modify the City-County Planning Board's decision to not approve the
major site plan as submitted by Civil Land Consultants on behalf of Wal-Mart. He reminded the
Commission that they may attach appropriate conditions to approval of the major site plan.
At the Mayor's request, Associate Planner Debbie Arkell reviewed her memo of December
18, in which she forwarded proposed revisions to six of the conditions recommended by the
Planning staff, in an attempt to address concerns raised by some of the Commissioners following
.the hearing on the appeal. She highlighted each of the revisions individually, citing the reason for
each.
The Planner stated that, at Mayor Swanson's request, she contacted the Montana
Department of Highways to verify the Department's intent to install a traffic signal at the
intersection of North 7th Avenue and the north legs of the 1-90 interchange late this summer, as
mentioned at the appeal hearing. She stated that after speaking with the gentleman whose name
was submitted at the hearing, and verifying that what was portrayed at the hearing was indeed
true, she contacted Mr. Ray Grant, the Acting Director of the Butte office. She stated that, after
review of the files, Mr. Grant informed her that the only project scheduled for that interchange is
the installation of chevrons on the off-ramps. She informed the Commission that while the State
e'ecognizes that there could be a traffic problem at this interchange, no studies or field work have
been done to determine if a traffic signal is warranted.
Planner Arkell forwarded the staff's desire to ensure that a raised pedestrian walkway is
provided from North 7th Avenue to the store, to accommodate pedestrian traffic. She also noted
an interest in ensuring that neither the raised walkway or any of the landscaping is removed to
accommodate additional parking spaces, if they are determined necessary at a later date. She
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noted that provision has been made that up to 43 additional parking spaces could be provided along
the north and south sides of the parking lot with only staff review; and any request for more
parking spaces would be subject to review by the Design Review Board, the Development Review
Committee and the Planning Board.
. The Planner stated that staff has requested a raised pedestrian way, due to concern about
drainage in the parking lot. She noted that the proposed 16-foot-wide pedestrian way is to be
asphalt and bounded by landscaped areas; and that could result in icy patches or slush. She
indicated the City Engineer's preference for a raised walkway, suggesting that the width could be
narrowed to eight or ten feet wide, provide adequate pedestrian access and not result in any higher
construction costs.
Responding to Mayor Swanson, Planner Arkell expanded on the proposed revisions to
Condition No.7. She noted the possibility that, since the Department of Transportation is not
planning the installation of a traffic signal on North 7th Avenue at the north legs of the 1-90
interchange, it may become necessary to install a signal through a special improvement district.
She explained that under the expansion of this condition, the applicant would be required to sign
.a waiver of right to protest the creation of an SID for that signal installation. She then indicated
that other businesses located on both the north and south sides of the interstate will be required
to participate in the costs of the installation, in their pro rata share.
Responding to Commissioner Knapp, the Planner stated that in her memo of December
10, she forwarded a staff recommendation to require the installation of bike racks, as suggested
by the Bozeman Area Bicycle Advisory Board. She noted that during its public hearing on the major
site plan, the Planning Board considered this recommendation and had included it in the motion for
approval, which did not pass.
City Manager Wysocki noted that Condition No.1 requires the installation of a traffic
signal at the intersection of North 7th Avenue and West Oak Street prior to opening of the store,
. while Condition No.7 requires the applicant to sign a waiver of protest to the creation of a special
improvement district for that signal. He suggested that one of those conditions be eliminated, since
they seem to be in conflict. He noted the benefit of having the traffic signal installed prior to
opening of the store, suggesting that if the applicant were to install that signal at its own expense
now, it may be possible to credit the applicant for those costs during a future installation of an
upgraded traffic signal.
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Responding to Commissioner Frost, the City Manager indicated it would be difficult to
create a special improvement district and install a traffic signal prior to the anticipated opening of
the new store. He also cautioned the Commission that at least 50 percent of those within the
district must support it; and the Montana Department of Transportation must approve the design
. and the signal.
Responding to Mayor Swanson, Commissioner Frost stated a willingness to revise
Condition No. 11 to require a raised pedestrian walkway a minimum of eight to ten feet wide. He
noted this would provide latitude for the applicant to install a wider walkway if they so desire.
Mayor Swanson reminded the Commission of the three alternatives they have available
in the decision-making process. He asked if any Commissioners wished to consider overturning or
upholding the City-County Planning Board's decision; no Commissioners responded in the
affirmative.
Commissioner Frost stated that he, and the other Commissioners, have received a
substantial amount of input from the general public, which cannot be taken into consideration in
this decision-making process. He noted, however, he was pleased that most people who called him
.were concerned that the City codes be followed, not whether or not Wal-Mart would be allowed
to locate here. He forwarded his appreciation for what Wal-Mart has done and how well it has
reacted to the City's comments, particularly between the last Design Review Board meeting and
the appeal hearing before the Commission. He stated that they have acted in good faith and gone
above and beyond the letter of the code, into the spirit of the code; and he is pleased with the final
result.
Mayor Swanson stated his support for the major site plan, with the revised conditions as
reviewed by Planner Arkel!. He concurred with Commissioner Frost's assessment of the public
input they had received, noting that few people really wanted or didn't want Wal-Mart to come to
Bozeman at any cost. The Mayor stated his appreciation to the Planning Board members who had
. the courage to vote "No" on the major site plan, noting that he feels the proposed development,
with the revised conditions, will create an even more appealing development when complete. He
feels that this project will enhance the entryway, particularly with the revisions to the east and
north faces of the building, the enhanced entrance to the structure and the raised pedestrian way.
Commissioner Stiff added appreciation for the fact that the business community did not
object to the possibility of competition. He expressed concern about the impacts that a business
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of this size might create on traffic patterns, noting that hopefully the conditions attached to
approval of this application will mitigate those impacts. He stated he feels that the City and its
staff have gone through the process of evaluating this application properly; and he is willing to
support approval of the application subject to conditions.
. Commissioner Vincent stated he was impressed by how well the process worked. He
seconded the comments forwarded by Mayor Swanson and Commissioner Frost. He noted that,
through Wal-Mart's cooperation, a project which meets the letter and spirit of the master plan and
the zone code.
Commissioner Knapp stated the process has been a long and arduous one; however, it has
actually worked well for both Bozeman and Wal-Mart. She indicated that this process reflects how
well the Design Review Board and the design objective plans can work.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission approve the major site plan submitted by Civil land Consultants on behalf of Wal-Mart,
under Application No. Z-92135, to allow the development of a 124,996-square-foot single-user
retail store, auto care and garden center with a 30,OOO-square-foot future expansion area, subject
eto the following conditions:
1. That a traffic signal light shall be constructed at the intersection of Oak
Street and North 7th Avenue, to be operational at the time of opening
of the store for retail business. This condition
is predicated on the
approval of a signal at this location by the Montana Department of
Transportation;
2. That plans and specifications for the water and sewer main extensions,
public storm sewer, and the public streets (including curb, gutter and
sidewalks) prepared by a Professional Engineer (PE) shall be provided
to and approved by the Montana Department of Health and Environ-
mental Sciences. These plans should include the looping of the a-inch
water main extension on the east side of the building to the 12-inch
main on Oak Street, and the elimination of the proposed east-west
water line on the south side of the building. The applicant shall also
provide Professional Engineering services for Construction Inspection,
Post-Construction Certificate,
and preparation of mylar
Record
Drawings. Specific comments regarding the existing and proposed
infrastructure shall be provided at that time.
. Executed easements for all public sewer, water, and storm drainage
improvements for the project must be provided prior to final site plan
approval, unless dedicated with the subdivision. No large trees may be
planted in the easements.
The correct size and location of existing water and sewer mains shall
be properly depicted on the final site plan.
A two inch domestic water service meter shall be located inside of the
building.
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Details of the existing 18-inch sanitary sewer main (clay)
which include
pipe strength evaluation and method of completing the project
must be
provided to and approved by the City Engineer and Water/Sewer
Superintendent.
A stop sign shall be installed according to City and MUTCD
Federal
standards at the intersection of Baxter Road and North 7th
Avenue,
prior to opening of the store for retail business.
. The final site plan shall show the correct location
of sidewalks on
Baxter Lane/North 5th (5 % feet from the back of the curb).
And
approach/sidewalk permit must be obtained form the City Engineering
Office prior to construction thereof.
A building permit will not be issued until the water and sewer
mains are
completely installed;
3. That plans and specifications for any fire service line must
be prepared
by a Professional Engineer (PE), and be provided to and approved
by
the City Engineer prior to initiation of construction of the
fire service or
fire protection system.
The applicant shall also provide Professional
Engineering services for Construction Inspection, Post-Construction
Certification, and preparation of mylar Record Drawings;
4. That the final on-site storm water plan must be approved by
the City
Engineer. The following items must be addressed in that plan:
a) The current site plan contains too much information for
a
single sheet. Site grading and drainage shall be shown on a
. seDarate Site Grading and Drainage Plan sheet.
The plan
sheet must demonstrate adequate site drainage including
sufficient spot elevations.
b) Material, invert elevations, and slope information shall
be
provided for all site storm drainage pipes.
RCP pipe is
recommended for all storm drain pipes.
c) Manholes and storm inlets shall be adequately detailed and
specified. Rim elevations shall also be provided.
d) The depicted
Retention Tank access lids do not appear
appropriate for paved areas and need to be reasonably secure.
A single grit/oil separator may be more suitable for long-term
maintenance and associated expense.
e) "Concrete Pan"
and "Trickle Pan" details need to be
provided. Slope information is needed for them as well.
f) In light of the future expansion indicated, it seems logical
to place the storm drain pipe located at the rear of the building
. to a point beyond the limits of the future building;
5. That during the
course of building construction
and roadway
construction, developer and contractor shall be responsible
for the
timely cleanup of dirt/debris along public rights-of-way which
originates
from the construction site;
6. That the site drive approaches shall be constructed in accordance
with
the City's standard approach (i.e. concrete apron, sidewalk
section, and
drop-curb) and shown as such on the final site plan.
Typical curb
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details (i.e. raised and/or drop curbs) and typical asphalt
section detail
shall be provided and approved by the City Engineer;
7. That the property owner shall file with the Gallatin County
Clerk and
Recorder's Office, and submit a copy to the Planning Office,
and
executed waiver of right to protest the creation of SID's for
future
street improvements to Oak Street, including paving, curb/gutter,
sidewalk, and storm drainage, and a waiver of right to protest
the
. creation of SID's for a traffic signal light at the
intersection of North 7th
Avenue and the north legs of 1-90, prior to final site plan approval;
8. That the applicant shall obtain written permission from the
ditch owner
for relocation and piping or abandonment of the existing ditch,
and shall
submit it to the Planning Office prior to final site plan approval;
9. That a detail of the enclosure for the trash compactor be submitted
with the final site plan;
10. That a note be placed on the final site plan which indicates
all parking
spaces will be delineated with 4-inch stripes;
11. That the parking lot be redesigned to contain a maximum of
633
parking spaces (5.1 spaces per 1,000 square feet of floor area),
with
2 percent (or 13) designated for disabled parking. A raised
pedestrian
walkway, a minimum of 8 to 10 feet in width, shall be built
from the
sidewalk on North 7th Avenue through the parking area to the
main
entrance, with the landscape boulevards included as shown on
the site
plan presented at the City Commission's December 14, 1992 meeting.
This pedestrian walkway shall be designed accessible for the
disabled
. and have crosswalks designated by pavers or scored concrete
across
vehicular lanes. The design and location of the pedestrian access must
be approved by the City Engineer prior to final site plan approval.
Should experience on this site indicate a lack of parking capacity,
a
modification to the site plan may be requested by the applicant,
and
reviewed in-house by the Planning Office, to increase the parking
to a
5.5 spaces per 1,000 square feet ratio. This parking shall
be added on
the north and south sides of the lot, and the pedestrian/landscape
facility shall not be eliminated to add more parking. The design
of the
new parking spaces shall include landscaping and traffic circulation
islands as required by the Code, and any trees removed or damaged
in
the process of adding additional parking must be replaced with
a tree
of similar size and species.
If a parking ratio greater than 5.5 spaces per 1,000 square
feet of floor
area is requested, the modification must be approved by the
Planning
Board, with review and input by staff, DRC and ORB.
Additional
parking may not be added in the pedestrian/landscape facility,
and the
sidewalk from North 7th Avenue to the store entrance must remain;
. 12. That the following items be amended/added to the landscape
plan:
a) The trees on the north and east face of the building must
be a minimum of 12 to 15 feet tall.
That the applicant's offered landscape revisions to the areas
on the north and east sides of the building site be incorporated
in the final landscape plan. Those revisions shall include
the
addition of cottonwood trees, boulders, wild flowers, wild
grass, and two- to six-foot high berms, as well as temporary
12-21-92
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irrigation to these areas to ensure the established growth
of
the landscaping;
b) A species of tree other than Austrian Pine shall be used
in
the parking lot island, and a species other than Tam Juniper
shall be used in the dividers on the north and south edges
of
the parking lot. The species of trees used shall be subject
to
the approval of the landscape architect on DRB;
. c) That the final landscape plan showing this detail
shall be
reviewed by the Design Review Board;
d) That the height
of all berms on the North 7th Avenue
frontage, as depicted on the site plan, be increased by two
feet; and
e) That benches be provided in the pedestrian facility at the
corner of Baxter Road and North 5th Avenue;
13. That material and color details of the roof be submitted to
the Design
Review Board, along with a detail of the freestanding sign
pole. The
pole/sign base shall be more architecturally compatible with
the
structure;
14. That the freestanding parking lot light standard meet the height
requirements of the Code, (i.e. 20 feet high) unless a variance
is
granted through the variance hearing process by the City Commission.
That the light fixture shall meet deflection standards set
forth in
Section 18.50.030(A), and shall not cause external glare or
provide
~ lights with protruding lenses or luminaires that are
exposed to adjacent
rights-of-way or properties;
.,.,
15. That accurate cross sections of the site be provided with the
final site
plan which emphasis the view of the site (parking and building)
from
North 7th Avenue and Interstate 90;
16. That an approved address be provided for the site in such a
position as
to be plainly visible and legible from the street or road fronting
the
property.
A temporary form of the address shall be displayed at all
times during construction of the building. A permanent address
shall
be used upon completion of the development;
17. That any future expansion of the store be reviewed and approved
by
the Building Department, and that the rear facade of the expansion
contain the architecturally elements shown on the elevation
plan which
is a part of this application. The trees on the east side of
the structure
shall be located in areas to ensure that they will not be destroyed
if the
structure is expanded;
18. That the approval of the major site plan shall be contingent
upon the
. approval and completion of the annexation, zone map
amendment, and
minor subdivision;
19. That a minimum of two bike racks be installed close to the
front
entrance.
If a separate employee entrance is designated, then one
additional bike rack should be located close to that entrance;
20. That eight copies of the final site plan containing all of
the conditions,
corrections and modifications approved by the Planning Board
shall be
submitted for review and approved by the Planning Director
within six
months of the date of Planning board approval. A written response
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submitted with the final site plan. Signed copies shall be
retained by
the City
Planning, Building, Street/Sanitation,
Water/Sewer,
Engineering, Fire, and Code Compliance Departments, and one
signed
copy shall be retained by the applicant;
21. The applicant 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,
. construction plans, and methods of security shall be made part of that
Agreement.
If occupancy of the structure 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 12
months; however, all on-site improvements shall be completely
by the
applicant within nine (9) months of occupancy to avoid default
on the
method of security;
22. A building permit must be obtained within one year of final
site plan
approval. Building Permits will not be issued until the final
site plan is
approved. The application for a building permit shall include
all signs,
or a separate building permit will be required before signs
are installed;
and
23. That 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 final site plan.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
Break - 4:10 to 4:15 D.m.
Mayor Swanson declared a break from 4: 1 0 p.m. to 4: 15 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Request for classification of use - Schnee's Boots and Shoes - classification of booterv/shoe
manufacturing in the "B-3" (Central Business) District
. City Manager Wysocki stated that, included in the Commissioners' packets, was a memo
from Associate Planner Wall, dated December 17, requesting that the Commission provide a
classification of use to allow bootery/shoe manufacturing in the B-3, Central Business, district.
Associate Planner Kevin Wall reviewed the contents of his memo. He stated that Steve
and Jean Schnee, owners of Schnee's Boots and Shoes and the building at 121 West Main Street,
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also own J. Murphy and Company, located at 23 East Main Street. He stated that the Schnees
plan to retain both retail outlets; however, they wish to move the manufacturing portion of their
operation from the rear of the building at 121 West Main Street to the rear of the building at 23
East Main Street, to provide for less handling of materials. He indicated that the
manufacturing
. operation is to utilize 750 square feet of floor space and use five full-time employees.
The Planner reminded the Commission that when a question about classification arises,
Section 18.06.060 of the zoning ordinance provides that the Commission shall make a
determination of whether such use can be interpreted the same as a listed permitted or conditional
use, based on four criteria. He then cited several examples of listed principal uses in the
B-3
district, suggesting that the proposed bootery/shoe manufacturing is the same, or so similar so as
to be interpreted the same as, a listed permitted use. He suggested that if the Commission does
make this interpretation, then some limitations should be established. He
noted that those
limitations on the bootery/shoe manufacturing operation could include:
A. Limit the operation to five employees engaged in the manufacturing
process;
. B. Require that it can only be carried out in conjunction
with a retail outlet;
and
C. Require that the operation may not be conducted within the
store front
portion of a ground floor in the "downtown core".
Responding to Mayor Swanson, Planner Wall stated he had briefly discussed these three
proposed limitations with Mr. Schnee. He cautioned the Commission that any decision
on this
application is not specific to this use only, but to this type of use in general in the B-3 district.
Mr. Steve Schnee, owner of Schnee's Boots and Shoes, stated they only lease space
where J. Murphy is located. He then informed the Commission that he recognizes the need to
impose limitations on the bootery/shoe manufacturing operation. He stated, however,
that
Schnee's currently has five employees; and he would not want to be in violation by hiring one or
two more employees. He then suggested that an alternative might be to establish a size limitation,
.SUCh as 1,000 square feet or 1,500 square feet.
Responding to Mayor Swanson, Mr. Schnee stated that retail pressure at Schnee's Boots
and Shoes is forcing the manufacturing operation into a smaller area. He noted that relocation of
the manufacturing operation to the back of J. Murphy and Company will provide the manufacturing
portion of the operation the amount of space that it needs; however, he noted it will no longer be
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visible to the public like it is now. He then stated that their long-term goal is to construct a free
standing store that is large enough to accommodate their retail needs and provide a manufacturing
area that is once again visible to the public.
Responding to Commissioner Knapp, Mr. Schnee stated that while his operation is
. considered a "booterylshoe manufacturing" operation, it is actually an assembly operation in which
pre-manufactured parts are put together to create the final product.
In response to questions from Commissioner Frost, Planner Kevin Wall suggested that,
rather than considering an adjustment to the number of employees allowed, the Commission could
consider a square footage limitation under which the manufacturing portion of the business must
be subservient to the retail outlet and the square footage of the manufacturing operation may not
exceed 50 percent of the floor space used for the entire retail/manufacturing operation.
No one was present to speak in opposition to the requested classification of use.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission determine that a bootery/shoe manufacturing operation in the B-3 (Central Business)
district is the same, or so similar so as to be interpreted the same as, one or more uses permitted
.in said district, subject to the following limitations:
A. The bootery/shoe manufacturing operation can only be carried
out in
conjunction with a retail outlet, and must be subservient to
the retail
outlet, not exceeding 50 percent of the total floor space used
for the
entire retail/manufacturing operation; and
B. The bootery/shoe manufacturing operation may not be conducted
within the store front portion of a ground floor in the "downtown
core".
The motion carried by the following Aye and No vote:
those voting Aye being Commissioner
Vincent, Commissioner Knapp, Commissioner Stiff, Commissioner Frost and Mayor Swanson; those
voting No, none.
Discussion - alternatives for disDosition of monies transferred from the SID Revolving Fund to the
General Fund
. City Manager Wysocki distributed to the Commission a letter from the Bozeman Property
Owners Association, dated December 18, noting it had arrived in the mail this morning.
At the Mayor's request, Administrative Services Director Miral Gamradt reviewed the four
options for disposing of the monies which are to be transferred from the SID Revolving Fund to the
Genera' Fund over the next eight years as a result of paying off the Vaney Unit Subdivision SID
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-.--.-- ---.-. ---...--...--
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- 23 -
bonds early. He noted that those options are as follows:
1. Make refunds through the reduction of future general fund mill
levies.
This could create a problem in the future, since the general
fund levy
may only be increased 5 % each year.
An alternative would be to lower the levies for the special
revenue
funds, which are not subject to the 5% rule, with monies then
being
. transferred from the general fund to those specific
funds to cover their
operating costs;
2. Cash refunds on an annual basis as the assessments are received;
3. Use the City's general fund cash flow to make partial refunds
at this
time, with proceeds from future assessments being used to repay
the
general fund; or
4. Return the funds to the property taxpayers through city-wide
capital
public projects.
The Director continued that three of the four possibilities deal with some mechanism for
refunding the money to the taxpayer and characterized the fourth as a refund to the taxpayer
through a project or projects that benefit the community as a whole.
Mayor Swanson noted the theory of returning the monies recaptured from assessments
and the sales of lots in Valley Unit Subdivision to the taxpayers who actually paid the additional
.assessments, beginning in Fiscal Year 1986. He noted that while the theory is commendable, the
process would be nearly impossible because of the turnover rate in Bozeman.
Director Gamradt stated that, not only have ownerships changed, but a substantial amount
of new construction has also taken place since the initial mill levy was imposed. He also noted that
some of the structures which existed in 1986 have been remodeled, resulting in a change of
property values and, hence, property taxes. He stated that to trace all of the property owners for
each individual parcel would be extremely difficult and time-consuming, and result in exorbitant
administrative costs.
Responding to Commissioner Frost, the Director stated that the total that would be
refunded over an eight and one-half year period would be approximately $200 for an $80,000, and
. $1,000 for a $400,000 home. He further noted that most of the more expensive homes in the
community have been built within the last few years, so they were not subjected to the higher mill
levies at the beginning of the process.
Commissioner Stiff stated that the longer it takes to begin any refunding process, the
lower the percentage of property owners will be the same as it was in 1986.
Director Gamradt explained that under Option No.3, partial refunds could be made at this
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.
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time through borrowing from the General Fund, with that monies to be repaid through payments
of special assessments and loans. He cautioned that if this process is utilized, care must be taken
since the potential for default does exist.
Mr. Walter Martel, former City Commissioner and current Vice President of Bozeman
.property Owners Association, stated that he was serving on the City Commission when the
decision was made to impose the additional property tax levy to meet obligations for the Valley Unit
Subdivision SID bonds and maintain the City's credit. He noted that at that time, there was also
an implied covenant with the taxpayers that as monies became available, they would be refunded
back to the property taxpayers. The mechanics of that refunding to be established with the current
Commission. He then stated that, in all fairness, any refunds should be made to those who paid
the bills.
Responding to Mayor Swanson, Mr. Martel suggested that a review of taxpayer records
as of a specified date could generate a list of people to whom refunds could be issued. He noted
that it would be almost impossible to find people who have moved away between that date and
now; however, he suggested that refunding monies to the current property owners could be an
.acceptable alternative.
Mr. Martel stated that the simplest way to refund monies to the taxpayers would be
through reduction of the mill levy for the General Fund in the upcoming fiscal year in an amount
equal to the allowable gain under State statute. He then emphasized the need to be completely
honest with the public, rather than trying to utilize the monies as a windfall. He noted that if the
Commission is honest now and in three or four years finds that it needs to pursue a special mill levy
for capital projects, it will have an easier time in getting that levy approved by the voters.
Further responding to Mayor Swanson, Mr. Martel stated that a community project may
or may not serve as a refund to the taxpayers. He noted that care must be taken to determine if
an alternative funding source might be utilized; and if another source could be utilized, he does not
. view it as a refund. He cautioned that with the upcoming Legislative session, funding mechanisms
could be greatly diversified or changed; and those changes could enter into the determination as
well.
Responding to Commissioner Frost, City Attorney Luwe stated that he has scanned the
State statutes but has not researched this issue in detail. He then indicated that there is no legal
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problem with transferring monies between funds as outlined in Administrative Services Director
Gamradt's memo.
City Manager Wysocki emphasized the fact that, while providing refunds to the taxpayers
who actually paid the original tax levies is an admirable idea; although it would generate an
.administrative nightmare that would be almost impossible to carry out.
Commissioner Knapp stated that after reviewing the memo several times, she remains very
impressed by the caution that the $1 .8 million that is being considered has not yet been collected.
She then stated her preference for not spending any monies that have not yet been collected,
recognizing that this will result in an 8 % -year program. She then stated that she keeps returning
to the fourth option as being the most practical, with monies to be spent on those projects after
they have been collected.
Commissioner Vincent stated he feels the fourth option is the fairest and most equitable
way to distribute the monies back to the taxpayers. He stated he is concerned, however, about
whether the Commission should proceed in that direction without first giving the public an
opportunity to let the Commission know how they feel.
. Commissioner Stiff suggested that the monies which are transferred out of the SID
Revolving Fund eventually be transferred into a special fund created to fund transportation items.
i He stated that the creation of such a fund would assure the public that the monies are expended
for those items only, and not for day-to-day operations. He also suggested that possible projects
be prioritized in one session, rather than being piecemealed.
Commissioner Stiff went on to say that he feels a final decision should not be made on
this issue until the Attorney General's opinion on Missoula's request regarding 1-105 is finalized and
received. That opinion could have a dramatic effect on the City's financial state for upcoming fiscal
years. He then noted that the City has just received the financial statements for the fiscal year
ending June 30, 1992; and the fund balance has again increased by $ ~ million.
He also noted
. there is a designated reserve with a balance of $1.2 million for fixed assets. which could also be
utilized to address transportation issues.
Commissioner Frost stated that if Bozeman were a very stagnant community with little
growth, he could support giving the money back to those who paid it; however, he noted that
Bozeman is not at all like that. He expressed his support for the fourth option, stating that he feels
to do something with the monies that will benefit the community is essentially refunding the
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monies to the community. He noted that he shares Commissioner Knapp's concern about spending
monies before the City has them in hand, suggesting that the Commission may wish to establish
a long-range plan of projects for the monies as they become available.
Mayor Swanson stated his support for the fourth option as
well. He noted, however, that
. he also believes that the public needs an opportunity to be heard in the process. The Mayor then
requested that the staff develop a work plan that takes into consideration each and every concern
which has been expressed by the various Commissioners and that it be brought back for
Commission review and consideration before being submitted for public review and comment. He
also requested that an estimate of cash flow be included in the work plan.
Commissioner Stiff suggested that the possible establishment
of a special budget unit and
budgeting for those monies be considered in next year's budgeting process, rather than creating
a mini-budget. Commissioner Knapp noted that would address
her concerns; Commissioner
Vincent concurred.
City Manager Wysocki asked if the Commission would consider
immediate funding of
some projects on the shelf if it became a viable and beneficial project for the City.
He cited as
.examPles the possible realignment and installation of a traffic signal at the intersection of West
Babcock Street and West Main Street in conjunction with the State's project and installation of a
stop light at the intersection of South 19th Avenue and West College Street.
Responding to comments from the Commission, Director Gamradt
stated that as of
January 1, 1993, the balance in the individual SID funds will be exhausted; however, after second
half assessments and the next payments on the notes receivable, the balance should be around
$200,000 at the end of June.
Mayor Swanson thanked the staff for the report.
Ordinance No. 1358 - vacatina and abandoning that Dortion of Nikles Drive aDDroximately 180.20
feet long and lying east of the Gilkerson Driye right-ot-way. located in the McChesney industrial
.park Subdivision
City Manager Wysocki presented Ordinance No. 1358, as approved
by the City Attorney,
entitled:
ORDINANCE NO. 1358
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOlEMAN,
MONTANA, VACATING AND ABANDONING THAT PORTION OF NIKLES DRIVE
APPROXIMATELY 180.20 FEET LONG AND LYING EAST OF THE GILKERSON
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DRIVE RIGHT-Of-WAY, LOCATED IN THE McCHESNEY INDUSTRIAL PARK
SUBDIVISION.
City Manager Wysocki reminded the Commission that they had
conducted the public
hearing on this proposed street vacation at last week's meeting.
He then recommended that the
Commission provisionally adopt this ordinance and that it
be brought back in two weeks for final
~ -
~adoPtion.
It was moved by Commissioner Knapp, seconded by Commissioner
Frost, that the
Commission provisionally adopt Ordinance No. 1358, vacating
and abandoning a portion of Nikles
Drive lying east of the Gilkerson Drive right-of-way in the
McChesney industrial Park Subdivision,
and that it be brought back in two weeks for final adoption.
The motion carried by the following
:
Aye and No vote: those
voting Aye being Commissioner Knapp, Commissioner Frost,
Commissioner Stiff, Commissioner Vincent and Mayor Swanson;
those voting No, none.
Renewal of Beer. Wine and Liauor Licenses for Calendar Year
1993
This was the time set for renewal of Beer, Wine and Liquor
Licenses for the Calendar Year
1993. A total of 21 applications have been received, along
with the required fees. City Manager
.WYSOCki presented to the Commission the following list of establishments which have made
application and paid the required fee:
APPLICATIONS fOR BEER, WINE AND LIQUOR LICENSES
CALENDAR YEAR 1993
APPLICANT
BEER WINE LIQUOR
TOTAL
Anaconda Molly Brown Corp.
703 W. Babcock Street
$ $ $
500 $ 500
Black Dog Cafe and Alehouse
dba/Spanish Peaks
120 N. 19th Avenue
200
200
Casa Sanchez - Restaurant
. 719 S. 9th Avenue 200
200
400
Cat's Paw, Inc.
721 N. 7th Avenue
500 500
Chalet Markets of Montana
2825 W. Main, No. 8D
200 200
400
Colombo's Pizza & Pasta
1003-1 005 W. College
200 200
400
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Jackpot Casino
1801 W. Main Street 200 200
400
* * Lewis & Clark Skyview Fam. Res.
824 W. Main Street 200 200
400
Mr. T's Sinclair
1310 N. 7th Avenue 200
200
. & N Corporation
dba/The Bozeman Hotel
321 E. Main Street
500 500
Red Barn Wine & Cheese Shop
1534 W. Main Street 200 200
400
Spectator's Sports Bar and Grill
19 Tai Lane 200 200
400
Story Distribution Co.
dba/190 Exxon
1470 N. 7th Avenue 200 200
400
Story Distribution Co.
dba/Story Exxon
1211 E. Main Street 200 200
400
Town Pump, Inc. & Affiliates
2607 W. Main Street 200 200
400
.Town Pump No. 1
803 W. Main Street 200
200
The Sundance Saloon
dba/Brandi's
721 N. 7th Avenue
500 500
The Wine Merchant
27 E. Main Street 200
200
Valley View Golf Club
302 E. Kagy Blvd.
500 500
Village Inn Pizza Parlor
806 N. 7th Avenue 200 200
400
Willie's Saloon
East Main Street
500 500
Total - 21 applications ~ 3.000 ~ 2.200
$ 3.000 $ 8t2OO
. * * This application is under the name of Lewis & Clark Family Restaurant, 824 West Main Street;
however, approval should be for the Alley Cat Bar, 809 West Babcock Street because that is the
portion of the building for which the conditional use permit has been issued to allow serving of beer
and wine.
The City Manager noted this is the second batch of applications for renewal of beer, wine
and liquor licenses for the upcoming calendar year. He then recommended that the Commission
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approve these applications as submitted.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission approve the Renewal of Beer, Wine and liquor license for Calendar Year 1993 for the
various establishments as listed above. The motion carried by the following Aye and No vote:
.those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent,
Commissioner Knapp and Mayor Swanson; those voting No, none.
ADDointments to boards and commissions
City Manager Wysocki stated that, included in Commissioner's packets was a memo from
Clerk of Commission Sullivan, dated December 17, 1992, listing the applicants for this Board as
well as subsequent boards.
Commissioner Vincent reviewed the procedure for appointments which he had previously
submitted to the Commission.
City Attorney Luwe noted that no second is needed for nominations. He requested,
however, that after the Commission has made all if its nominations, it have a blanket motion and
.vote to appoint those nominated in previous actions.
A. Appointments to Board of Adjustment
It was moved by Commissioner Knapp, that the Commission nominate Jeffrey Rupp to be
reappointed to the Board of Adjustment with a three-year term to expire on December 31, 1995.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those
voting No, none.
It was moved by Commissioner Knapp, that the Commission nominate Frank Boschi to the
Board of Adjustment with a three-year term to expire on December 31, 1995. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner
.Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none.
B. Appointment to the Board of Appeals
There were no applicants for the Board of Appeals so Mayor Swanson asked that Clerk
of Commission Sullivan to please readvertise the vacancy.
C. Appointments to the Bozeman Area Bicycle Advisory Board
It was moved by Commissioner Frost, that the Commission nominate Allison Arthur to
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replace David Baumbauer on the Bozeman Area Bicycle Advisory Board with a one-year term to
expire on December 31, 1993. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp
and Mayor Swanson; those voting No, none.
. It was moved by Commissioner Vincent, that the Commission nominate Scott Dreblow
to be reappointed to the Bozeman Area Bicycle Advisory Board with a one-year term expiring on
December 31, 1993. The motion carried by the following Aye and No vote:
those voting Aye
being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and
Mayor Swanson; those voting No, none.
D. Appointment to the Cemetery Board
It was moved by Commissioner Stiff, that the Commission nominate Robert Duntsch to
replace Janice Peace on the Cemetery Board with a three-year term to expire on December 31,
1995. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor
Swanson; those voting No, none.
. E. Appointments to the City/County Planning Board
It was moved by Commissioner Frost, that the Commission nominate James Devitt to be
reappointed to the City-County Planning Board with a two-year term to expire on December 31,
1994. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor
Swanson; those voting No, none.
It was moved by Commissioner Knapp, that the Commission nominate Katherine A. Ball
to replace Robert Bullock on the City-County Planning Board with a two-year term to expire on
December 31, 1994. The motion carried by the following Aye and No vote:
those voting Aye
being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Commissioner Vincent;
.those voting No, Mayor Swanson.
F. Appointments to the Recreation and Parks Advisory Board
It was moved by Commissioner Knapp, that the Commission nominate David Jones to the
Recreation and Parks Advisory Board with a two-year term to expire on December 31, 1994. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp,
Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting
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No, none.
It was moved by Commissioner Frost, that the Commission nominate Robert Lee to be
reappointed to the Recreation and Parks Advisory Board with a two-year term to expire on
December 31, 1994. The motion carried by the following Aye and No vote: those voting Aye
ebeing Commissioner Frost. Commissioner Stiff, Commissioner Vincent. Commissioner Knapp and
Mayor Swanson; those voting No, none.
It was moved by Commissioner Knapp, that the Commission nominate Jeffrey Ball to
replace Herb Davis on the Recreation and Parks Advisory Board with a two-year term to expire on
December 31, 1994. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and
Mayor Swanson; those voting No,none.
It was moved by Commissioner Frost, that the Commission nominate Teresa Baldus to
replace Lowell Anderson on the Recreation and Parks Advisory Board with a two-year term to
expire on December 31, 1994. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp
.and Mayor Swanson; those voting No, none.
It was moved by Commissioner Stiff, that the Commission nominate Gene S. Brooks to
the Recreation and Parks Advisory Board with a two-year term to expire on December 31, 1994.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
Clerk of Commission Sullivan reminded the Commission that one of the terms is for a one-
year period only and asked that the Commission make the determination of who should fill that
position to keep appoints on the proper rotation basis.
It was moved by Commissioner Frost, that the Commission nominate Robert G. Lee to the
. one-year term for the Recreation and Parks Advisory Board which expires on December 31, 1993.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
G. Appointments to the Senior Center Advisory Board
It was moved by Commissioner Frost, that the Commission nominate Harvey Larson to
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the Senior Center Advisory Board with a two-year term to expire on December 31, 1994.
The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
. It was moved by Commissioner Knapp, that the Commission nominate Alice Running to
replace Margaret Hileman to the Senior Center Advisory Board with a two-year term to expire on
December 31, 1994. The motion carried by the following Aye and No vote:
those voting Aye
being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and
Mayor Swanson; those voting No, none.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent that the
Commission appoint each of the people nominated for the various boards and commissions. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those
voting No, none.
.Extend terms of members on Beautification Committee until the DaDerwork has been comDleted to
formalize committee
Commissioner Knapp reported that Assistant City Manager Ron Brey has prepared a draft
ordinance and by-laws for Beautification Committee review. She stated that, hopefully, these
documents will be forwarded to the Commission in their packets for January 4 or January 11 for
review, and then action. She noted that after adoption of the ordinance and approval of the by-
laws, the positions on this committee can be advertised and filled.
Mayor Swanson noted that a report he just saw from the committee revealed that it has
raised $7,000 for the Sculpture Park.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission extend the terms of all current members on Beautification Committee until the
.ppropriate documents have been finalized and adopted to formalize the committee. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Knapp,
Commissioner Frost, Commissioner Stiff, Commissioner Vincent 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 ) Memo
from Planning Director Epple to the DRB, dated December 17, 1992,
.outlining issues which were discussed at their recent meeting.
(2) Agenda for the Development Review Committee to be held
at 10:00 a.m. on
Tuesday, December 22, 1992.
(3) Agenda
for the Design Review Board to be held at 3:00 p.m. on Tuesday,
December 22, 1992.
(4) Agenda
for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
December 22, 1992, along with daily minutes for the week of December 7, 1992.
(5) The
City Manager submitted his weekly report, as follows. (1) Announced that
the Department of Commerce has notified the City that the application for $375,000 in CDBG
monies was approved. He reminded the Commission that this is for installation of infrastructure
for the HRDC housing project on West Babcock Street. He stated that, hopefully, when this grant
. is combined with other grant awards, the result will be affordable housing which costs $50,000
or less. (2) Reminded the Commission of the bid opening for the Law and Justice Center, which
is scheduled for 1 :30 p.m. tomorrow before the County Commission. (3) Noted that staff is in the
process of reviewing the Employee Assistance Program, which has been in place for approximately
four years. (4) Stated he has met with representatives from TCI Cablevision, who informed him
of their impending 3.5 percent rate increase, effective February 1, 1993.
He noted they will
develop a basic service package as well as an extended service package from which customers may
choose. He reminded the Commission that while the City has no franchise agreement with the City
they may still receive phone calls on the increase. (5) Informed the Commission that an extended
conference call with the Highway Commission is the reason he was late for the Commission
. Meeting. He stated that some issues on project costs for the North 19th Avenue interchange
remain unresolved; however, they will hopefully be finalized tomorrow.
(6) Commissioner
Stiff congratulated City Manager Wysocki on his appointment to
the Board of Directors for Rotary Club.
(7) Commissioner
Frost submitted the following. (1 ) Stated that he attended
Leadership Bozeman on Thursday, where law enforcement and the military were the subjects of
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discussion. He then asked if the City Court could possibly tied to the County Courts computer
system, if, indeed the renovation project at the Law and Justice Center is completed. (2) He asked
about the letter to the CMC which was requested by the Historic Preservation Advisory Board. (3)
Expressed concern about the locked gates at Southside Park and kids climbing over the fence to
. gain access to the skating rink.
(8) Commissioner Knapp stated she attended a Subcommittee meeting comprised
of representatives from the State Library Board, the Library Services Advisory Council and the State
Library staff. (2) Noted the new Wal-Mart in
Helena had distinct contrasts to the Wal-Mart
proposed in Bozeman.
(9) Commissioner Vincent stated that he has developed a proposal for the evaluation
of the City Manager, which he has distributed to the Commissioners for review and consideration.
He stated that this proposal is based on the process used in the Great Falls school district; and it
seems to work well.
Mayor Swanson noted his surprise at the article in Sunday's edition of the Bozeman Dailv
Chronicle. He stated it was his impression that Commissioner
Vincent would work with
.commissioner Knapp to develop a proposal; however, that does not yet seem to have occurred.
Commissioner Vincent responded that he had a sense of urgency when he left last week's
meeting; and he decided to respond as quickly as possible. He noted that this does not preclude
him from working with Commissioner Knapp to develop a compromise that might be acceptable
to all parties involved; however, he also wanted to make his position perfectly clear to the other
Commissioners.
Commissioner Vincent reminded the Commission that through this process, he must
consider his philosophical position relative to closed sessions for evaluation of employees appointed
by the governing body.
Mayor Swanson stated it appears that Commissioner Vincent has given the City
. Commission an ultimatum for hope of his participation. He then reminded Commissioner Vincent
that he has taken an oath of office, in which he agrees to uphold the Constitution of the State of
Montana. He cautioned that care must be taken to ensure that the Commission does not try to
take away some body's rights that have been given him by the Constitution.
Commissioner Vincent reminded the Commission that he has served as an elected official
in government in Montana for seventeen years, sixteen of which were in the House of
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Representatives. He stated that he has asked the
City Attorney, in open Commission meeting,
whether his position is contrary to State law and has received no indication that it is.
He also
noted that the City Manager may still exert his right to privacy; and he will agree to remain in a
closed evaluation session if the Attorney rules that is necessary under the existing rules and
.regUlations. He noted, however, that if his presence is not mandated, the Commission may
conduct the City Manager's evaluation in closed session, with four Commissioners instead of five.
Commissioner Frost reminded the Commissioners that they are elected to fill a position
for which they ran; and a part of the job description is evaluation of the City Manager on a semi-
annual basis. He noted that, while Commissioner Vincent
has publicly recognized that the City
Manager position is probably the most important position in the City, he is not willing to uphold that
part of the job description. He stated that if Commissioner Vincent's principles seem to create such
a problem, then he possibly shouldn't have "applied for the job".
Commissioner Vincent stated he is not trying to obstruct the evaluation process, he simply
wants to revise it to a format with which he can be comfortable.
He noted, however, that it
appears the proposal he has forwarded is not being considered or accepted by the Commission.
.He stated, rather, it appears that the Commission is determining that his position is unacceptable
and so is his proposal.
Mayor Swanson questioned why the proposal wasn't brought back before now,
particularly since Commissioner Vincent raised the issue and his concerns during the last City
Manager evaluation process. He further noted that the proposal now before the Commission does
not represent one developed by the sub-committee appointed to do so.
Commissioner Vincent once again expressed his willingness to work with Commissioner
Knapp on an alternative, even though it appears that the conflict is between him and the rest of
the Commission. He then reiterated his stand on open meetings and his desire to conduct the City
Manager's evaluation in open session.
. Mayor Swanson stated his displeasure with first reading about this proposal in the
newspaper.
Commissioner Vincent responded that he had brought a copy to the Clerk's office on
Wednesday or Thursday afternoon, on the assumption that it would be included in Friday's packet
as an "FYI" item. He stated that at the same time, he took a copy of the proposal to the Bozeman
Daily Chronicle, with the specific instructions that it not be published until Sunday. He stated that
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when he realized that the copies were not in the packets, he tried to contact each Commissioner
but was unable to reach anyone at home.
Commissioner Knapp responded that she did not receive a telephone call, nor was there
a message on her answering machine. She then commented that she was the Commissioner with
. whom Commissioner Vincent was to work.
Commissioner Stiff stated he doesn't feel this proposal forwarded by Commissioner
Vincent is much different from the current process, except for how the results should be
communicated to the media.
Commissioner Vincent concurred. He noted that if what he feels is an adequate method
of communicating the results to the media is developed, he is willing to sit in the executive session
to which he is philosophically opposed.
Commissioner Stiff then stated his discomfort will receiving telephone calls from the media
about documents which he has not seen.
Commissioner Frost expressed concern about evaluating the City Manager in executive
session and then releasing everything from that session to the general public, noting that he is not
.willing to compromise an individual's right to privacy under any circumstances. He also noted the
Commission's contractual obligation to evaluate the City Manager, which can be best accomplished
with a full Commission present.
Commissioner Frost then noted that Commissioner Vincent will be Mayor beginning in
1994, and asked him how he planned to respect the City Manager's right to privacy,
Commissioner Knapp noted that Commissioner Vincent has made his feelings about the
evaluation process clear; and that is his privilege. She noted, however, that the Commission still
has the job of evaluating the City Manager to do.
City Manager Wysocki stated, for the record, that he did not know that Commissioner
Vincent's proposal had been submitted at City Hall until 4:00 p.m. on Saturday, when he received
. a call from the media; and he did not receive a copy of the proposal until this morning.
Mayor Swanson noted that this has been scheduled as a discussion item on the January
4, 1993 agenda, at which time it can be more adequately addressed.
(10) Clerk of the Commission Sullivan introduced Brenda Statton, her new assistant,
to the City Commission.
(11 ) Mayor Swanson
submitted the following items.
(1 ) Thanked those
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Commissioners who provided comments to Associate Planner Arkell regarding the Wal-Mart
proposal, specifically Commissioners Frost, Stiff and Knapp, noting that their efforts will benefit
the community. (2) Noted that the Commission has received two requests to change the name
of 19th Avenue to either University Avenue or Lewis and Clark Boulevard.
(3) Received
. communication from the Mayor of Minneapolis, which he has forwarded to Commissioner Frost
because it pertained to the League convention in New Orleans.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Commission Resolution No. 2899 - intent to annex 14.147-acre tract
located in the NE% of Section 1. T2S. R5E. MPM (south of 1-90. east
of North 7th Avenue. and north of West Oak Street): set Dublic hearina
for January 19. 1993
COMMISSION RESOLUTION NO. 2899
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.
Commission Resolution No. 2900 - intent to annex 10.0-acre tract located in the
W% of the NE%. Section 11. T2S. R5E. MPM (north side of West
Babcock Street. west of its intersection with West Main Street): set
Dublic hearina for January 19. 1993
COMMISSION RESOLUTION NO. 2900
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.
Commission Resolution No. 2901 - authorize 8oolication for State Endowment
monies
.
COMMISSION RESOLUTION NO. 2901
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE MONTANA DEPARTMENT OF COMMERCE FOR FUNDING UNDER THE
TREASURE STATE ENDOWMENT PROGRAM.
Authorize disoosal of Durae water from Bozeman Solvent Site throuah the City's
sanitary sewer and waste water treatment Dlant
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Authorize Mavor to sian. letter to the CMC reauestina authorization
for Historic
Preservation Advisorv Board to view old Deoot on East Main
Street
Claims
It was moved by Commissioner Stiff, seconded by Commissioner
Frost, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons
.to complete the necessary actions. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Vincent, Commissioner
Knapp and Mayor Swanson; those voting No, none.
Adiournment - 6:20 o.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,
Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those
voting No, none.
. ~S6~
ATTEST:
(l~cI ~
ROBIN L. SULLIVAN
Clerk of the Commission
.
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