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HomeMy WebLinkAbout1992-12-14 ccm -' ..,~',.. -} ---- - .. A . ./ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 14, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, December 14, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Swanson requested that action on the minutes of the meeting of December 7, 1992, be deferred for a period of one week. e Exit Conference - Audit for Fiscal Year 1991-92. as DreDared bv VeltkamD. Stannebein & Bateson City Manager Wysocki noted that representatives from the local firm of Veltkamp, Stannebein & Bateson are present for the exit conference for the audit for Fiscal Year 1991-92. Ms. Stefeni Freese, senior auditor, presented the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 1991-92 to the Commission. She briefly highlighted its contents, which are divided into four separate sections within the document--the introductory section, financial section, statistical section and single audit section. Ms. Freese noted the changes in this document from last year's document. She noted the recent change in the level of budgeting by the Commission, to appropriate the total dollar amount efor each budget unit only, rather than at the category level within each budget unit as in the past. She noted that with this change, specific amounts are actually budgeted for salaries, operations and capital; however, the City Manager does have the authority to authorize transfers among those three categories within each budget unit, as long as the total does not exceed the total amount appropriated by the Commission. She noted that this change in budgeting has affected the level of auditing required for each budget unit. 12-14-92 --~.-~ . .... - 2 - Ms. Freese stated that the capital improvements program budget has now been incorporated into the operations budget. Also, all other activities for which the City receives or expends monies, some of which were not included in past budgets, have been included in this budget, reflecting what appear to be some major changes in the amounts appropriated and spent. . Ms. Freese noted that a copy of the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1991 has been included in the Introductory section of the report. She noted that this Comprehensive Annual Financial Report for Fiscal Year 1992 will be submitted to the Government Finance Officers' Association for a certificate as well. Ms. Stefeni Freese stated that the firm has issued an unqualified opinion on the general purpose financial statements. She noted that the firm did not audit the Statistical section of the CAFR; therefore, its opinion does not include any verification of those figures. Ms. Freese reviewed footnotes on Pages 28, 31, 35 and 51 of the report. She noted that these footnotes reflect the changes in the report due to changes in the manner in which the City now does its budgeting as well as changes due to new generally accepted accounting principles (GAAP) as established by the Governmental Accounting Standards Board (GASB). She reviewed . those changes, noting that while they are not mandatory for another year or two, early implementation of those requirements has been selected. Ms. Freese stated that the auditors studied the City's internal controls; and they feel that the City has tight internal controls regarding financial reporting and accounting, given the small staff ~ith which it has to operate. She stated that none of the recommendations contained in the report are material to the financial statements. She commented on the good work the City staff, particularly Administrative Services Director Gamradt and Controller Biekert have done, and the ease with which the audit of the City's books was accomplished. She then reviewed the contents of the Single Audit section of the report, highlighting the contents of each of the letters submitted by Veltkamp, Stannebein and Bateson. . Ms. Stefeni Freese praised that the City staff for a good public relations attitude, reflecting one of the first elements contained in the personnel manual. Mayor Swanson stated that he and Commissioner Stiff attended an Audit Committee meeting earlier today, where this audit report was discussed quite extensively. He noted that after its discussion, the Committee voted to acknowledge receipt of the report and recommend that the Commission accept the report. 12-14-92 .....~... ...~.~ --. _.._.u_.___._ ._ -.-. 0 - . - 3 - It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission acknowledge receipt of the Comprehensive Annual Financial Report for Fiscal Year 1991-92, as submitted by Veltkamp, Stannebein & Bateson. 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. Staff reoort . reauest for annexation submitted by Human Resource Develooment Council for Richard and Ann Francis. W 1/2 of the NE 1/4. Section 11. T2S. R5E. MPM nO.acre oarcelalona the north side of West Babcock Street. immediately west of the Lessley orooertvUDA) City Manager Wysocki stated that, included in the Commissioners' packets, was a copy of the staff report as prepared by Associate Planner Debbie Arkell. Planner Arkell briefly reviewed the written staff report she had prepared for the annexation requested by the Human Resource Development Council for Richard and Ann Francis. The subject parcel is described as the west one-half of the northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and is a ten.acre parcel more commonly located along the north side of West Babcock Street, immediately west of the Lessley property. . The Planner stated that the subject parcel is contiguous to the city limits at Pizza Hut and the Bobcat Lodge; however, annexation of the ten.acre tract will create a gap in the city limits because Mrs. Lessley is not interested in annexation at this time. She continued that, while this is in conflict with the goals for annexation, recent discussions reflected that the Commission is interested in annexing small parcels of land lying in County Zoning District No.1 as they seek annexation. Planner Arkell commented that access to the subject parcel will be from West Babcock Street, which is an improved county road in need of upgrading, with a possible loop through the development which will connect to Western Drive. She went on to say the existing problems at the intersection of West Babcock Street and West Main Street, which will only be compounded with development of the subject site. . The Planner suggested that, to address the concerns which have been identified by staff, it would be appropriate to require that the applicants provide a waiver of right to protest the creation of an SID, or possibly an SID/RID, for improvements to West Babcock Street, a waiver of right to protest the creation of an SID for improvements to the intersection of West Babcock Street and West Main Street, and a street dedication for future extension of West Beall Street. 12-14-92 .----- .. ---..----.- . --.-.-- -- - ----.. ------.---- - ~ ~ . ,. - 4 - Planner Arkell stated there is adequate water and sewer capacity available for the subject parcel; however, paybacks to SID No. 622 will be required. She noted the applicant has requested that the Commission waive the requirement for a payment in lieu of water rights for this project. She stated that, based on R-3 zoning, the payment would be calculated at approximately $30,000; . however, in this instance, the Director of Public Service based his calculations on the number of dwellings to be constructed within the development, which reduced the payment to roughly $10,000. The Associate Planner reminded the Commission that development of this tract is the subject of a recent application for Community Development Block Grant monies submitted by the City on behalf of the Human Resource Development Council for construction of affordable housing. She stated that if the HRDC is successful in obtaining this grant, it estimates that the site would reach 90 percent development within four years, 17 percent of which would occur within the first year after obtaining the grant. Planner Arkell stated that, since the subject site is located within County Zoning District No.1, if this annexation is approved, the applicant must then seek the appropriate master plan land . use designation and the appropriate urban zoning, which would be R-3. The Planner went on to say that, following review of this application in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716, staff has determined that it generally complies with most of the goals and policies. The potential for concerns could be addressed during development of the annexation agreement. She suggested that those include waiver of right to protest the creation of SID's; water rights or cash in lieu thereof; paybacks to SID No. 622, for the water trunk line; paybacks to Harry and Kathleen Daum for the sewer trunk line; and filing of the appropriate mylar map. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, stated he understands the concerns raised by staff in its report. He then stated his concern about the . requirement for a cash-in-lieu payment for water rights, particularly since the purpose of this annexation is to create affordable housing. City Manager Wysocki reminded the Commission that one of its goals for this fiscal year was to encourage the development of affordable housing. He stated that, with that in mind, staff estimated the cost of providing cash in lieu of water rights in a manner most advantageous to the applicant. 12-14-92 '. ~ . - 5 - It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission acknowledge receipt of the staff report, and authorize and direct staff to proceed with preparation of a resolution of intent to annex the subject parcel. 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. 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 52 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 . Albertson's Food Center #237 200 South 23rd Avenue $ 200 $ 200 $ $ 400 American Drug Stores, Inc. 1525 West Main Street 200 200 400 American Legion Club 225 East Main Street 500 500 Bingo World 227 East Main Street 200 200 400 Bozeman Bowling, Inc., dba/The Bowl 414 East Babcock Street 500 500 Bozeman B.P.O.Elks #463 106 East Babcock Street 500 500 Bozeman Restaurant and Lounge, Inc. dba/Holiday Inn . 5 Baxter Lane 500 500 Buttrey Food and Drug #3834 1601 West Main Street 200 200 400 CENEX Petroleum, Inc., dba/Bozeman CENEX 23 North 7th Ave. 200 200 Community Food Co-Op 908 W. Main 200 200 400 12-14-92 .------..-- -..-...----- .,. + t - 6 - Empire, Inc. dba/Black Angus 520 West Mendenhall Street 500 500 Fraternal Order of Eagles Aerie No. 326 31 6 East Main 500 500 .FrederiCk's Restaurant, Inc. dba/Golden Goose Casino 726 North 7th Ave. 200 200 400 Grantree Lounge 1325 North 7th Ave. 500 500 Grape Expectations Wine & Deli 27 South Willson Ave. 200 200 400 Great China Wall 525 Professional Drive 200 200 400 Heeb's Food Center 544 East Main 200 200 400 Hinky Dinky Superette 5 Tai Lane 200 200 400 Huffine's Inn Place 1235 North 7th Ave. 500 500 .Interstate Chevron, Inc., dba/Bernie's Town Pump 1230 North 7th Ave. 200 200 Joe's Parkway 903 West College 200 200 400 John Bozeman's Bistro 242 East Main Street 200 200 400 JW's Hide+A-Way Lounge, Inc. 1625 West Main Street 500 500 Kagy Korner, Inc. 1809 South Tracy 200 200 400 Kwik Way #32 401 East Peach Street 200 200 400 Little John's Bar, Inc. . 515 West Aspen Street 500 500 Livery Stable & Old Saloon, Inc. dba/Banana Bay 2825 West Main Street 500 500 Me and Jan's Mini Mart 919 West College Street 200 200 400 Me and Jan's II 621 West Main 200 200 400 12-14-92 .. , . - 7 - Mini Mart, Inc. dba/Mini Mart #728 717 West College 200 200 400 Mini Mart, Inc. dba/Mini Mart #729 1910 West Main Street 200 200 400 . Montana Pizza, Inc. dba/Godfather's Pizza 200 South 23rd Ave. 200 200 O'Brien's Restaurant 312 East Main Street 500 500 Payless Drug Stores 2825 West Main Street 200 200 400 Price Rite Drug Centers 910 North 7th Ave. 200 200 400 Ralph Ferraro's Rocking R Bar 211 East Main Street 500 500 Rocky Mtn. Oil, Inc. dba/Holiday Station Store #269 119 North 7th Ave. 200 200 400 A.O.I. Enterprises, Inc. dba/ Pizza Hut . 2300 West Main Street 200 200 Safe way, Inc. 901 West Main Street 200 200 400 Scoop Bar 712 West Main Street 500 500 The Baxter Hotel Corporation, dba/Rocky Mountain Pasta Co., The Bacchus Pub, The Robin 105 West Main Street 500 500 The Cannery Lounge 43 West Main Street 500 500 The Crystal Bar, Inc. 1 23 East Main Street 500 500 The Filling Station, Inc. 2005 West Rouse 200 200 400 .The Haufbrau, Inc. 22 South 8th Ave. 500 500 The Store, I nc. 1210 East Main Street 200 200 400 Town and County Warehouse Grocers 219 North 19th Ave. 200 200 400 12-14-92 -.-.- -" -...--"......-..-- --.--.-- -.----...-..-....- ... ~ . - 8 - Treasure State Oil, Inc. dba/Bridger View Conoco 1417 North 7th 200 200 400 Treasure State Oil, Inc. dba/Hilltop Conoco 1007 East Main Street 200 200 ~ Van's IGA 200 400 91 2 North 7th 200 ...., VFW Post No. 903 2005 North Rouse 500 500 William's Pump-N-Pak 2020 North 7th 200 200 400 Total - 52 applications $ 6.600 $ 5.600 $ 9.500 $21.700 The City Manager noted this is the first batch of applications for renewal of beer, wine and liquor licenses for the upcoming calendar year, with the remainder to be considered at next week's meeting. He then recommended that the Commission approve these applications as submitted. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Notes from the Bozeman Area Bicycle Advisory Board meeting held on December 3, 1992. (2) Memo from Clerk of the Commission Sullivan, dated December 11, along with .a memo from Planning Director Epple, dated November 18 and some support information on transportation enhancement funds. This memo requests that the Commission set the time and date for a joint meeting with the County Commission to discuss how the decision will be made for use of those funds each year. Mayor Swanson noted the memo suggests that the meeting be scheduled for 4:00 p.m. 12-14-92 _n____._ ______ , ...n_" _._ ______ ____.. . ... ~. - 9 - on either Monday, January 11 or Monday, January 25. He then proposed that the meeting be set for 4:00 p.m. on Monday, January 11; the Commission concurred. (3) Memo from the Historic Preservation Advisory Board, dated December 1, asking that the Commission seek permission from CMC for its HP AB members to enter the abandoned ............ Milwaukee Road depot on East Main Street it determine its structural integrity. .,., Mayor Swanson requested that this item be placed on next week's consent agenda. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 15, at the Carnegie Building. (5) Agenda for the Design Review Board meeting to be held at 3:00 p.m. on Tuesday, December 15, at the Carnegie Building. (6) Invitation to attend a housewarming party for the Bozeman Shelter Care, located at 3025 Westridge Drive, from 3:00 to 6:00 p.m. on Thursday, December 16. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 15, at the Courthouse. (8) Litigation report for the period November 8, 1991 through November 30, 1992, ~ as prepared by City Attorney Luwe. 'W' City Attorney Luwe stated that since the report was prepared, the City has been served with a "slip and fall" case. He also noted that in the Nichols case, an insufficient notice has been served on the City; and he will respond appropriately. (9) Commissioner Knapp noted that after the $50,000 Dorothy Porter bequest has been transferred to the Library Foundation, their account balance will be approximately $225,000, or $25,000 short of their original goal. She stated it is anticipated that the goal will be reached in 1993, at which time, they will have a celebration. (10) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting on Tuesday evening. (2) Attended the meeting of a private group working on historic .preservation. He noted that at Thursday evening's meeting, the group reviewed a list of projects which they could become involved in within the community. (11 ) At Mayor Swanson's request, City Attorney Luwe reviewed the parameters for the public hearing on the appeal filed by Wal-Mart. He noted that the Planning staff report will set many of the parameters, although questions may be asked about information contained in the record from the Planning Board's hearing. 12-14-92 ..- 'Y ., . - 10 - City Manager Wysocki noted that the Commissioners have received numerous letters and telephone calls from the general public, who do not fit the definition of "aggrieved person". He cautioned that information may not be taken into consideration in this process. He then reminded the Commissioners that this is a hearing; and they should serve as listeners in this evening's .proceedings. Mayor Swanson suggested that the Commission conduct its public hearing on the requested vacation of a portion of Nikles Drive, and possibly take the appropriate actions following that hearing. He noted that on the agenda, that item is followed by the appeal filed by Wal-Mart, which is anticipated to take a substantial amount of time. He noted that the zone map change for Wal-Mart is to be continued, since the Planning Board has not yet had conducted its public hearing on the application. He then reminded the Commission that the last item listed on the agenda is the zone map change and preliminary plat for the Bridger Creek Meadows Subdivision, which will take a substantial amount of time to cover. He proposed that the Commission open and continue that public hearing to 2:00 p.m. on Monday, December 21, to allow adequate time and attention to this application. . The City Manager cautioned that the subdivision laws require that the governing body act upon a preliminary plat within sixty days from the date of application; and that deadline falls on December 25. He noted that if the Commission chooses to continue its review of the plat until next week, it must immediately make its decision on the application. The Mayor noted that Mr. Joe Sabol, attorney representing Wal-Mart, has requested ninety minutes for their total appeal presentation. He noted that, given the constraints of the definition of "aggrieved person", public input should be minimal in this process. He suggested that the only decision the Commission make tonight be whether or not to close the hearing, with the decision being delayed to the December 21 meeting per the Commission's rules of procedure. Responding to Commissioner Stiff, the City Attorney stated that those wishing to speak . must first show how they are aggrieved. He noted that the Mayor may seek his legal advice; however, the Mayor must make the determination of whether that individually really is aggrieved prior to allowing him to speak. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 12-14-92 ., . - 11 - Commission Resolution No. 2898 - declarina the City's intention to create SID No. 656 for the ouroose of accomolishing the enQineering design. construction. insoection and engineerina certification of a 10-inch water main extension to the Burruo Annexation COMMISSION RESOLUTION NO. 2898 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, . MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 656 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING CERTIFICATION OF A 10-INCH WATER MAIN AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO THE CITY OF BOlEMAN, MONTANA. Deviation from Section 18.18.050 to allow encroachment of a garage four feet into the reauired eiaht-foot side yard setback - Jerry Crabs. 715 South 6th Avenue (Z-92152) Reauest for authorization for the Street Deoartment to exoend $57 .000 of monies aODrODriated for ourchase of two used oieces of eauioment to ourchase one new oiece of eauioment instead Buildina Insoection Division reoort for November 1992 It was moved by Commissioner Knapp, 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 Knapp, Commissioner Frost, Commissioner Stiff, Commissioner . Vincent and Mayor Swanson; those voting No, none. Executive Session - evaluation of City Manager Wysocki Mayor Swanson stated this is the time set for evaluation of the City Manager. He then stated that, pursuant to Section 2-3-203(3), Montana Code Annotated, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. Also, City Manager Wysocki noted that he does not wish to waive his right to privacy for this evaluation. Commissioner Vincent submitted his statement for the record. He stated that his position on the evaluation process for the City Manager has not changed, stating he feels that the business of government is the people's business and that the evaluation process should be open. He noted, .therefore, he cannot in good conscience participate, unless required to do so by law. Mr. AI Knauber, reporter for the Bozeman Daily Chronicle, added his objections to the closure of the meeting, stating he feels that the manager of a $14 million operation should be publicly evaluated. He concluded that he feels closure of the evaluation session is ill advised. City Attorney Luwe reviewed the legal rights of those parties involved in the evaluation 12-14-92 ------- ---- - ------------- .-_._". nn.___._ . .. . - 12 - process. He reported that under the Montana Code Annotated and the Constitution of the State of Montana, the individual being evaluated may exercise his/her right to privacy. He further noted that the Montana Supreme Court has ruled that the right of individual privacy exceeds the merits of public disclosure. . Responding to Mayor Swanson, City Attorney Luwe stated he has not researched the issue of whether Commissioner Vincent is legally obligated to participate in the evaluation process. He then indicated that to make the City Manager's evaluation public against his wishes could result in a civil liability since it would be contrary to the State statutes. Commissioner Stiff expressed his concern about evaluating the City Manager in closed session without a full Commission. He noted his discomfort with the process last time, when Commissioner Vincent excused himself from the executive session, and his concern that the other Commissioners do not know how Commissioner Vincent feels. He stated, therefore, that if Commissioner Vincent excuses himself, he will do so as well. City Manager Wysocki reminded the Commissioners of his Employment Agreement, which is renewed on an annual basis. He noted that one of the provisions of that agreement is that he . receive an evaluation every six months. Commissioner Vincent stated that he feels at least some type of statement should be issued after the evaluation is completed. He feels the City Manager is doing an excellent job; and that is his evaluation. He indicated he has reviewed the evaluation form used; and he has no problem with it, only the lack of dissemination of information. He noted the City Manager position is the single most important and pivotal position in the City; and he feels the public has an inherent right to know how the elected officials evaluate his performance. Commissioner Vincent then noted that his position has not been without cost--particularly in light of the editorial which ran in the Bozeman Daily Chronicle immediately after he left the last closed evaluation session. Mayor Swanson shared the importance of recognizing that the City Manager has only . exercised the rights available to him under the State statutes and Constitution of the State of Montana. Commissioner Stiff stated that in past years, after the evaluation process has been completed, someone has issued a general statement characterizing the tone of the evaluation. He suggested that a continuation of that practice might alleviate Commissioner Vincent's concerns. 12-14-92 ----------- n. ___..__.._.._____ _ _" _ - -. ~ - -- - . . . - 13 - Mayor Swanson indicated that he has not issued such a statement because he has never been contacted by the press following an evaluation. Commissioner Knapp suggested that the Commission follow past practice in this evaluation process, and that a new evaluation process be developed before the next evaluation . occurs. She noted that care must be taken to preserve the City Manager's prerogatives as long as the law allows for closure of the evaluation session while providing some mechanism for letting the public know the results of the evaluation. She then stated her willingness to work with Commissioner Vincent in developing a form and format for the evaluation process. Commissioner Vincent indicated that is a reasonable request, and indicated that he will submit a proposal under "FYI Items" for Commission review. City Manager Wysocki requested that any revisions to the process be made as soon as possible, so that everyone is aware upon what elements he is being evaluated for the next six months. Mayor Swanson requested that this item be delayed for a period of two weeks, to allow an opportunity to seek some middle ground in the evaluation process. He explained his desire to . accommodate the concerns raised while ensuring that the Commission does not jeopardize its contractual obligations. Commissioner Vincent stated he will make a commitment to submit a tentative proposal within the next two weeks, noting it will be based on the process utilized in the school district in Great Falls. City Attorney Luwe requested an opportunity to discuss the format with legal counsel from that school district prior to final Commission action. City Manager Wysocki reminded the Commission that they have cancelled the meeting of December 28, suggesting that this item be placed on the January 4 agenda. He then asked Commissioner Vincent to also prepare an acceptable format for release of information to the press, . so that he can feel comfortable in participating in the January 4 process. The City Manager noted that he could allow this evaluation session to be open to the public. He continued, however, that once he allows the session to become open, it will essentially be impossible for him or a subsequent City Manager to request and obtain a closed session. Mayor Swanson cautioned that care must be taken to ensure that the revised format for evaluation does not take away the individual's right to privacy, since that could result in a lawsuit 12-14-92 . - 14 - if the relationship between the Commission and the City Manager were strained. The Mayor then requested that this item be placed on the January 4, 1993, agenda for further discussion and an evaluation session. ...... Recess - 4:55 D.m. -., Mayor Swanson declared a recess at 4:55 p.m., to reconvene at 7:00 p.m. at the Emerson Cultural Center for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. at the Emerson Cultural Center for the purpose of conducting the scheduled public hearings. The Mayor then reviewed the list of hearings to be conducted during this session, noting it is a rather lengthy agenda. He noted the Commission's intent to hear the first two items on the agenda, with the second two items to be delayed until a later date. ~ Public hearina - Commission Resolution No. 2894 - declaring the City's intent to vacate and _,., abandon the Dortion of Nikles Drive aDDroximatelv 180.20 feet lona and lying east of the Gilkerson Drive riaht-of-wav. located in the McChesney Industrial Park Subdivision This was the time and place set for the public hearing on Commission Resolution No. 2894, entitled: COMMISSION RESOLUTION NO. 2894 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO VACATE AND ABANDON THE PORTION Of NIKLES DRIVE APPROXIMATELY 180.20 fEET LONG AND LYING EAST Of GILKERSON DRIVE RIGHT-Of-WAY, LOCATED IN THE McCHESNEY INDUSTRIAL PARK SUBDIVISION. Mayor Swanson opened the public hearing. City Manager Wysocki stated that the subject 180.20-foot long portion of Nikles Drive ...... east of Gilkerson Drive has never been constructed, even though the street right-of-way was .....,. dedicated. He reminded the Commission that the subject area is located between Interstate 90 and the "tank farm" which houses the Exxon and Conoco bulk plants. He noted that the Evergreen Industrial Park has been proposed for that area; and the private drive will follow a different route than was proposed for Nikles Drive. He added that the three property owners affected by the vacation of this right-of-way have been appropriately notified. 12-14-92 ..n.......... -.-- ..-.....-.-.. .-------..-.-. ~ ~ . - 15 - Mr. Dennis Cattin, partner in Valley Warehousing, stated he is also representing Mr. Jim Kack, who could not be present for this hearing. He then stated support for the proposed street vacation. No one was present to speak in opposition to the requested street vacation. . Responding to Mayor Swanson, the City Manager indicated that the issues of curb, gutter and paving of accesses should be addressed under the subdivision process, rather than in this street vacation process. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. 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. Mayor Swanson closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the customary one-week waiting period be waived. 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. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize and direct staff to prepare an ordinance for vacation of the subject 180.20- foot-long portion of the Nikles Drive right-of-way lying east of the east line of Gilkerson Drive. 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. Hearina - aDDeal of Planning Board's decision reaardina maior site Dlan aDDlication to allow the develoDment of a 121.270-sQuare-foot sinale-user retail store. auto care and garden center with a 30.000-sQuare-foot future eXDansion area - Wal-Mart This was the time and place set for the hearing on the appeal of the City-County Planning .Board's decision regarding the major site plan application, under Application No. Z-92135, to allow the development of a 121 , 270-square-foot single-user retail store, auto care and garden center with a 30,OOO-square-foot future expansion area. The subject appeal has been filed by Civil land Consultants, Inc., on behalf of Wal-Mart, Inc. Mayor Swanson opened the hearing, after which he reviewed the procedure for 12-14-92 --.----..-.. .. .. --------..--. ---.---.-----.---. .....--- .-.-.- --.-------------..- -- ... . ~ - 16 - considering an appeal, as outlined in Section 18.58 of the zoning ordinance. At the Mayor's request, City Attorney Luwe expanded on the definition of "aggrieved person", as set forth in Section 18.58.010 of the zoning ordinance. He noted that if one wishes to speak, he must show how he is aggrieved prior to submitting testimony; and the Mayor will . make the final determination on whether one is aggrieved. Mayor Swanson reminded those in attendance that it was the Commission's duty and responsibility to listen to the information presented. He then solicited audience cooperation, requesting that the speaker be given every courtesy, and asking that people refrain from applause, booing or comments. Associate Planner Debbie Arkell presented the staff report. She reminded the Commission that at its meeting of December 1, the Planning Board voted to deny the major site plan for construction of a new 121 ,270-square-foot building to house a Wal-Mart store. She noted the subject 17-acre site is located at the intersection of North 7th Avenue and Baxter Lane extended. She noted that the preliminary plat for the subdivision within which this development would be located has received conditional approval, with the stipulation that all conditions be met within .three years. She then reviewed the conditions surrounding the approval of that subdivision. Planner Arkell noted there is a gentle slope to the east on this site, with the proposed floor elevation of the structure lying 17 feet below the grade of North 7th Avenue, and the parking lot lying 8 feet below the street level. She noted that with the change in elevation, and the use of landscaping and berming, the visual impacts of the development from North 7th Avenue should be minimized. The Planner stated that the Planning Board discussed this application extensively prior to its decision. She went on to say that during their discussion, several conditions were addressed and revised. She then reviewed those proposed revisions. She noted that the site plan contained in the Commissioners' packets is for a 121,267-square-foot building; however, the elevation .presented after the staff report was completed was for a 124,996-square-foot building. She noted that the additional 3,729 square foot is proposed inside the garden area, resulting in an additional 33 feet of building frontage. Planner Arkell stated the proposed building is to be constructed approximately 750 feet from North 7th Avenue, with access into the parking lot from Baxter Lane extended. She noted the design features which are to be included on the building, including parapets and an extended 12-14-92 - ----.--.-. -.".. . , - 17 - entrance area to soften the appearance. She continued that several different exterior finishes are proposed, including smooth stucco and scored stucco; and the color scheme is to include light beige and dark brown, with white letters. Planner Debbie Arkell stated that, since the subject site lies within both the 1-90 entryway . corridor and the North 7th Avenue corridor, this application has been reviewed by the Design Review Board. She stated that the Board has forwarded several comments and proposed several changes as a result of its reviews; and the applicants have made changes in the design elements to ensure that those suggestions were accommodated. The Planner stated that the parking lot as shown on the site plan, with its berming and landscaping, meets the requirements of the zone code and the design objective plans. She noted that any future expansion of the parking lot is to be toward the edges of the property, rather than through elimination of the pedestrian way through the parking lot, as originally proposed by the applicant. Planner Arkell commented that the issue of lighting received considerable discussion before the Planning Board. She stated the applicant has proposed 42-foot tall security lights, in lieu of the 20-foot standards allowed under the zone code. She noted the applicant may seek a . 20-percent deviation through the Design Review Board, which would increase the height to 24 feet, or they may seek a hardship variance. The Planner stated that Section 18.43.020 of the zoning ordinance states that the ORB recommendation should have substantial weight in any action taken on development within the entryway overlay corridors. Planner Arkell indicated that, due to the anticipated traffic impacts of this store, the Director of Public Service has suggested that a traffic signal be installed at the intersection of West Oak Street and North 7th Avenue prior to opening of the store, subject to Montana Department of Transportation approval. She noted that the applicant would be required to participate in the appropriate proportion of those costs. . The Planner noted that the applicants originally proposed a parking lot with 795 parking spaces; the DRB recommended no more than 400 parking spaces; and the current site plan shows 633 parking spaces. She noted that this number is based on 5.1 spaces per 1,000 square feet of retail area, which is lower than Wal-Mart's usual minimum of 5.5 spaces per 1,000 square feet of retail space, or 667 spaces. She stated that the applicants have agreed to the reduced number of parking spaces, with the stipulation that they be allowed to add more if it becomes apparent that 12-14-92 . , - 18 - the number of spaces provided is not adequate. Planner Arkell stated that Planning staff reviewed this application in light of the twenty - criteria established for review of major site plans. She also said that the Development Review Committee and the Design Review Board reviewed the application and concurred with the staff ~ findings that, subject to conditions, the application met the criteria. She stated that staff found ."" the application was not detrimental to the health, safety and welfare of the community; it is in general compliance with the code; and it is in harmony with the intent of the City's master plan and zone code. She then noted that staff forwarded a recommendation for approval, subject to 22 conditions, to the Planning Board. She stated that staff has recommended revisions to some of those conditions, as reflected in her memo of December 10. Those conditions pertain to the parking lot, installation of bicycle racks, landscaping, and participation in the costs of improvements to various portions of the infrastructure in the immediate area. Planner Arkell stated that, following the staff report and presentation by the applicant, the Planning Board entered into a substantial amount of discussion. She stated that following that discussion, a motion was placed on the floor to approve the application, with modifications to the .conditions recommended by staff; and that motion failed on a 4 to 4 vote. She informed the Commission that concerns expressed generally pertained to the north and east sides of the structure, and the fact that they may not comply with the entryway overlay corridor requirements, Concerns were also expressed about the potential for traffic congestion at North 7th Avenue and the north leg of the interchange from this development. Responding to Commissioner Frost, Planner Arkell stated that the issue of boulevards between the sidewalks and the streets has been addressed under the subdivision review. She explained that 5-foot boulevards will be required along the streets constructed in this subdivision. Further responding to Commissioner Frost, the Planner stated that the site plan stipulates that the landscaping will be irrigated; and the colored renderings are considered a part of the site _Ian. Mr. Joe Sabol, attorney representing Civil land Consultants, Inc., noted that firm has been retained by Wal-Mart. He introduced those present who are representing Wal-Mart, including Steve Wilson, principal of Civil land Consultants, professional engineers from Englewood, Colorado; Alex Szewczyk, Civil land Consultants, senior project engineer for the project; Michelle Herleman, owner of MH Architects and Planners, Aurora, Colorado, architect for the project; Kurt Mahnken, from the 12-14-92 ---......-.."..-.-.- -. . . - 19 - firm of dhm, located in Denver, Colorado, landscape architect for the project; and Bruce Kemmit, project engineer from Wal-Mart. Mr. Sabol continued that, since the colored renderings for this project are difficult to see, he is distributing 8 ~ x 11 copies of those colored renderings to each of the Commissioners so they ~ can follow the presentations with more ease. ~ Mr. Sabol reviewed the subject of the appeal, which is the decision by the Planning Board at its meeting of December 1 on this major site plan application. He noted that the motion placed on the floor was to approve the application, subject to several conditions; and that motion failed because of a tie vote. He noted there was never a motion to disapprove the application placed on the floor, nor was there any other motion placed on the floor for consideration, possibly due to the late hour of the meeting. Mr. Sabol noted the other applications in process for this project, including annexation, a zone map change and subdivision review. He noted that all of these issues are dependent on the outcome of this appeal. He reminded the Commission that under this appeal, they must consider the subject major site plan and its relationship to the zone code. He noted that in this review, it . is important to consider whether the project will have any adverse impacts on the health, safety and welfare of the community. He also stated that impacts on property values is another issue that should be taken into consideration. He reminded the Commission that the record from the Planning Board meeting must be carefully considered; and that has been well laid out by Planner Arkell. Mr. Joe Sabol reviewed the process to which this application has been subjected, and the outcomes at each level of review. He stated that this application meets the intent and the spirit of the master plan, the zoning ordinance and the design objective plans. Mr. Sabol noted the underlying principle of the City's new zoning ordinance is professionalism. He also noted the procedure set forth in the code for review of this type of project in an entryway overlay corridor, noting that the application is subjected to review by the City's .professional Planning staff; the Development Review Committee. which is comprised of several of the City's department and division heads; and the Design Review Board, which is comprised mostly of licensed architects, before being forwarded to the Planning Board for consideration. He indicated that the applicant has been willing to work with the professional boards and address their concerns throughout the process. He reminded the Commission that the staff, the DRC and the DRB all forwarded recommendations for approval of the application, subject to conditions. He a Iso 12-14-92 . . - 20- cautioned that, while these decisions are simply advisory in nature, the design objective plans require that substantial weight be given to the ORB recommendations. Mr. Sabol stated that Section 18.52 of the zoning ordinance sets forth the standards for review of a major site plan. He stated that, after reading that section of the code and listening to . the tapes of the Planning Board meeting, he questions whether they gave the ORB recommendations the weight which they deserve. He also suggested that they did not find that the project would have any demonstrable adverse impact on the public health, safety and welfare. He stated that if a project is not detrimental to the public health, safety and welfare of the community and if it is in harmony with the purpose and intent of the zoning ordinance and the master plan, it shall be approved. He also said that since the project site is located within the entryway overlay corridors, it must also meet the design objective guidelines which are to be quite flexible. Attorney Sabol noted this is the first major project in the community to be subjected to the close scrutiny required for entryway overlay corridors under the new zoning ordinance and design objective plans. He stated that he feels these reviews were appropriately conducted by the .City'S staff and technical bodies; however, he does not believe the Planning Board's decision was based on the criteria set forth for those review processes. Mr. Sabol mentioned that, in her letter of December 3 to Mr. Alex Szewczyk, Associate Planner Arkell cited concerns about "the architectural design of the north and east building facades which face Interstate 90, and with traffic congestion which may be increased at the intersection of North 7th Avenue and the north legs of the Interstate exchange" as the reasons for the Planning Board's denial of the major site plan. He commented that, after listening to the tapes from the Planning Board meeting four different times and reviewing all of the information from that meeting, he feels this letter accurately reflects the tenor of the decision. Mr. Sabol stated that a recent conversation with a gentleman from the Montana . Department of Transportation revealed that a traffic signal is designed and, in fact, fully funded at this time. He indicated that at the present time, it is anticipated that bids for the project will be let in June, and the lights will be installed by August or September of this year. He went on to say that, in light of that planned installation, the issue of traffic impacts on the interchange becomes a non-issue. 12-14-92 ,'. . - 21 - Break - 8:20 to 8:25 o.m. Mayor Swanson declared a break from 8:20 p.m. to 8:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. . Hearina (continued) - appeal of Plannino Board"s decision reoardina maior site olan application to allow the develooment of a 121.270-sQuare-foot single-user retail store. auto care and aarden center with a 30.000-sauare-foot future exoansion area ~ Wal~Mart Mr. Alex Szewczyk, Civil land Consultants, highlighted various elements of the major site plan and reviewed the process which has been followed to date. He noted the scale of the project, which includes a 121 ,OOO-square-foot building on a 17-acre site. He stated the subject building is a single-story structure and is to be 20 to 25 feet high. He indicated that the K-Mart building contains approximately 98,000 square feet; and the parking lot has 700 parking spaces, versus the 633 spaces proposed for this new facility. Mr. Szewczyk said that initial review of potential sites began in 1991, with land negotiations on the subject site beginning in August 1991. He noted that in October, they began the informal review process through the Design Review Board and the Development Review .. Committee, after review of the City's new zone code and then draft copies of the design objective .., plans. He explained that those meetings resulted in the exchange of information and ideas; and they incorporated the suggestions and recommendations from those bodies into the plans which they forwarded for consideration. Mr. Szewczyk noted the unanimous recommendations for approval which have been forwarded by the Planning Staff, the Development Review Committee and the Design Review Board, subject to several conditions which are acceptable to the applicant. Mr. Alex Szewczyk forwarded Wal-Mart's concerns with reducing the size of the parking lot to comply with the City's desires. He also revealed that, given the amount of snowfall in this area, they were concerned about a raised pedestrian way through the center of the parking area . that would create snow removal problems. He stated that they have addressed this issue by creating a paved pedestrian way on the same level as the parking lot, with removable bollards and wide enough so it can be plowed with a vehicle. He indicated that the sidewalk along Baxter lane has been moved to provide the 5-foot-wide boulevard required by the City; and the landscaping has . also been adjusted to meet the City's requirements. Mr. Szewczyk apologized for the confusion that using an older version of the site plan 12-14-92 - ----- --.--..-...---... ~ , - 22- caused. He noted, however, that the latest set of plans which he forwarded from Denver were on the UPS truck which caught fire. Mr. Alex Szewczyk explained the substantial amount of discussion surrounding the issue of traffic impacts at the intersection of Interstate 90 and the North 7th Avenue. He noted that this . is an issue that was not even raised by the Director of Public Service during his review of the project. He continued that the applicant has agreed to participate in the installation of a traffic signal at the intersection of North 7th Avenue and West Oak Street, and is planning to seek Montana Department of Transportation approval to install a temporary traffic signal until the new West Oak Street project can be completed. Mr. Szewczyk asked the Commission to review this major site plan in light of the twenty criteria set forth for such reviews. He also raised the applicant's willingness to work with the City and its regulations to develop a project which is complementary to the community. Ms. Michelle Herleman, owner of MH Architects and Planners, reviewed the architectural aspects of the project. She discussed her past experience, which has involved a substantial amount of commercial and retail development. She stated that she spent time touring Bozeman, . viewing the different types of architecture and the color schemes which are prevalent in the community, before beginning her design work She informed the Commission that it was her mission to develop a building design of which Bozeman could be proud, while being functional for Wal-Mart. She noted that she sat on the Interstate, took pictures of the site from different angles and reviewed the draft of the design objective plans before undertaking the design project. Ms. Herleman noted the slow, deliberate process which has been followed to reach this point. She stated that over a period of three or four months, they went through several informal reviews before the Design Review Board and the Development Review Committee, followed by the formal review process. She noted that at one of the initial meetings, the typical Wal-Mart building elevations were presented; and she went back to the drawing board from those meetings with the . technical bodies and a number of suggestions for an alternative building design. She then sought additional input through various building designs, making changes as recommended. Ms. Herleman noted that the building now contains projecting parapets on the four corners and canopies; and it is to be done in neutral colors, including light beige, terra cotta and dark brown. She also explained design elements which have been added to the different sides of the building to carry the theme around the structure and enhance its appearance. She noted the 12-14-92 --------- __m______....._ p .. . - 23 - entrance area is to be easily recognizable under the City's design objective plans; therefore, she has hesitated to revise the structure plans to accommodate the concerns raised at the Planning Board meeting. Ms. Herleman indicated that the plans make reference to "distinctive roof forms"; and the . revised plans have accommodated those suggestions by including a 1 2: 12 pitch roof in place of the typical flat roof. She also noted that a combination of finishes is proposed for the exterior, which will break down the scale of the building. She stated that the projecting parapets will also help to alleviate the large expanse of wall and to create a four-sided architecture for the building. She also noted that the garden center area has been upgraded to provide a more attractive facility. Mr. Kurt Mahnken, dhm, indicated he is a registered landscape architect and has been retained for this project. He stated that the landscaping for the subject site has evolved through reviews of the plans submitted, discussions with the horticulture staff at MSU and discussions with local nurserymen. He indicated that the landscape design has been completed, based on the species of shrubs and trees that survive in this climate and the availability of those plants locally. Mr. Mahnken explained that the perimeter landscaped area is to be developed as a public .open space, possibly to include features which will attract people to the area. He also noted the landscaping which is proposed for the interior of the parking lot, indicating that, at the ORB's recommendation, the trees have been changed from evergreen to deciduous. He stated that larger planting material will be incorporated into the landscaping along the north and east side of the parcel, to include evergreen trees averaging 12 feet in height. He also noted an intent to incorporate more densely planted trees around the trash enclosure area and possibly one or two more areas to create a more natural appearance. He mentioned an intent to do more berming, or possibly higher berming, on the north and east sides, and the incorporation of some large boulders from this area in the landscaping. He suggested that wildflower mix could be incorporated into the retention/storm drainage area, which will help to bring the natural appearance of the Gallatin Valley eto this site. Mr. Joe Sabol closed the appellant's presentation. He reiterated his position that this project will not negatively impact the public health, safety or welfare. He further noted that, in fact, it will help to ensure that drainage is adequately addressed and will enhance property values in the area. He further reminded the Commission that the Planning staff, Development Review Committee and Design Review Board have all recommended approval of the applications, subject 12-14-92 ---"... -----.--- " ~ . - 24- to several conditions. He also cautioned that the applicant proposes to exceed the minimum standards, which are set forth in the code. Mr. Sabol then read the memo from Jerry Bancroft, member of the ORB, to the Design Review Board, dated November 10, into the record, acknowledging that a copy of it has been .included in the appeal. He then respectfully requested that the Commission either reverse or modify the Planning Board's decision. Responding to Commissioner Knapp, Mr. Alex Szewczyk stated that if this major site plan is approved, he plans to either seek a deviation or a variance to the height limitations for lighting. He noted that because of those plans, lighting becomes a non-issue for this application. Responding to Commissioner Stiff, Mr. Szewczyk indicated that the possible lack of parking for this facility is of concern to him also, particularly since the number of spaces has been reduced from 795 to 633 spaces. He then indicated that if it is found that the parking is not adequate, more spaces will be added. Responding to Mayor Swanson, Mr. Szewczyk stated that the proposed 30,000-square- foot expansion area will be at the back of the structure. He then explained that since the building .has grown from the original 93,000 square feet to 121,000 square feet, it is not anticipated that the additional expansion will be needed for at least five years. Further responding to the Mayor, Mr. Mahnken stated that the 30,000-square-foot expansion will require the removal or relocation of some of the landscaping. He informed the Commission that any replacement of landscaping will be at an equal density or quantity as was removed. Mr. Don White, attorney representing George Westlake and Kay Martinen, owners of the subject property, stated they have been working with Wal-Mart since the Fall 1991 to bring this project to life. He indicated their support of this appeal and stated a willingness to respond to any questions. . Mr. Gene Cook, owner of the Comfort Inn, noted his business is located immediately to the south of the subject site. He conveyed his support for the appeal, noting he feels that the Wal- Mart store could be an asset to the community. He then cited his own experience with the new zone code during the construction of his motel. He continued that, with the assistance of the City's professional staff and boards, he was able to construct a motel which far exceeds the prototype plans originally submitted. He noted that the Wal-Mart plans seem to have undergone 12-14-92 " .. rr - 25 - a similar evolution that is well worth the time spent. Mr. Cook noted that during review of his proposed development, discussion centered around traffic impacts and the need for a light at the intersection of North 7th Avenue and West Oak Street. He stated that, as a result of those concerns, he signed a waiver of right to protest "~ the creation of an SID for installation of a traffic signal, as a back-up to the Montana Department . ........ of Transportation timeline for installation of a signal. Mr. Cook then encouraged Commission approval of this major site plan application. No aggrieved persons were present to speak in opposition to the appeal. Mr. Lowell Springer, local architect, approached the Commission. In response to Mayor Swanson, he indicated he was not aggrieved; and the Mayor indicated he would be unable to speak during this appeal process. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commission Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. .... Mayor Swanson closed the public hearing. ~ It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the customary one-week waiting period for land use decisions be waived. The motion failed by the following Aye and No vote: those voting Aye, none; those voting No being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson. Break - 9:40 to 9:48 D.m. Mayor Swanson declared a break from 9:40 p.m. to 9:48 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. .U~liC h~~ring - zone maD c~an:, from R:, t: B-2 - Wt:~~ ~~~s~ In~. ~r Ge~rge WeSd~k~and a Mar Inen - change zomng n 14.2 cr s locate I 1" f ec Ion 1 T2S. R5. PM (south of 1-90. east of North 7th Avenue and north of West Oak Street) This was the time and place set for the public hearing on the zone map change from RS, Residential Suburban, to B-2, Community Business, requested by Wal-Mart Stores, Inc., for George Westlake and Kay Martinen under Application No. Z-92134, on 14.2 acres located in the northeast one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The 12-14-92 --------.. " ~ ~ I ,.,. - 26- subject parcel is more commonly located south of Interstate 90, east of North 7th Avenue and north of West Oak Street. City Manager Wysocki noted that the City-County Planning Board has not yet conducted its public hearing on this application. He, therefore, requested that this public hearing be opened ,~ and continued to January 4, 1993, to allow the Planning Board an opportunity to conduct its public .., hearing and forward its recommendation for Commission consideration. Mayor Swanson opened and continued the public hearing until January 4, 1993, to allow the Planning Board an opportunity to complete its process. - . OPubllc hearina - zone maD change - AS to M-1. R-1. R-3 and B-1 - Dortion of cas No. 1353 and 1353B. Section 31. T1S. R6E. MPM (Z-92142): Dreliminarv Dlat review. Bridger Creek Meadows Subdivision. Phase I (P-9233) - Golf Course Partners. Inc. (west of Storv Mill Road. north of Bridger Drive and east of the East Gallatin River) This was the time and place set for the public hearing on the zone map change from AS, Agriculture--Suburban, to M-1, Commercial--Light Manufacturing, R-1, Residential, Single-family Low-density, R-3, Residential, Medium-density, B-1, Neighborhood Service, and AS, 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. The subject parcel is more commonly located west of Story Mill Road, north of Bridger Drive and east of the East Gallatin River. This was also the time set for review of the preliminary plat for Bridger Creek Meadows Subdivision, Phase I, located on the above-described parcel. Due to the late hour of the meeting, Mayor Swanson opened and continued the public hearing to 2:00 p.m. on Monday, December 21, 1992. Adiournment - 9:51 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The emotion 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. 12-14-92 ,t \."., f... - 27- ATTEST: ~ ~~J~ ROBIN l. SULLIVAN Clerk of the Commission - ~ ,. 12-14-92 -