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HomeMy WebLinkAbout1992-10-26 ccm - ~- - ~ ~ , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 26, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 26, 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 - October 19. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that action on the minutes of the regular meeting of October 19, 1992, be delayed for a period of one week, so the .corrections can be submitted in writing. 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. Decision - CUP for PUD - Westland CorDa ration - to allow construction of new retail buildina and relocation of offices and retail operation - lot 18. Block 46. lots 16 through 27. Block 49. lots 1 through 8. Block 46 and lots 9 throuah 16. Block 46. and an irreaular shaped Darcel containing 3.98 acres. Northern Pacific Addition (300 Block North Broadway) This was the time and place set for the decision on the application submitted by Westland Corporation for a Conditional Use Permit for a Planned Unit Development, under Application No. Z-92117, to allow construction of a new retail building and relocation of offices and retail operation on Lot 18, Block 46, Lots 16 through 27, Block 49, Lots 1 through 8, Block 46, and Lots 9 through .16, Block 46, and an irregular shaped parcel containing 3.98 acres Idcated in the Northern Pacific Addition. The subject parcel is more commonly located in the 300 block of North Broadway Avenue. The City Manager reminded the Commission that the public hearing on this item was conducted at last week's meeting. He then noted that, included in the Commissioners' packets, 10-26-92 - -. . - - -- -- ---- - /' " - 2 - was a memo from Assistant Planner Dave Grigsby, dated October 22, forwarding two proposed additional conditions and revisions to two of the conditions forwarded by the City-County Planning Board, as a result of the public testimony and Commission discussion at last week's public hearing. At the Mayor's request, Planning Director Andy Epple reviewed the revised and added . conditions as contained in the memo forwarded by Planner Grigsby. He noted thatthis planned unit development includes a mixture of retail, wholesale, manufacturing and storage. He stated that Condition No. 27 simply provides for painting or re-siding of the existing structures on the property to match or complement the new structure, as the applicant has already indicated he plans to do. He also noted that Condition No. 28 simply requires that the lighting on the site be in compliance with the requirements of the City's zone code. He then indicated that Condition NO.5 is to be revised to refer to Front Street, rather than its designation in the proposed transportation plan update of "arterial/peripheral truck route". He noted this is in response to a concern raised by some of the Commissioners that the transportation plan update has not yet been adopted by the City Commission; and it seems inappropriate to include some of the phraseology from that document in the approval of an application. He noted that Condition No. 11 has been revised to clarify its . intent, which is to require the installation of sidewalks in conjunction with this application, rather than at some time in the future. Responding to Commissioner Knapp, the Planning Director stated that the applicant or future owners of the property must abide by the limits for noise level established in the zone code. Commissioner Knapp stated that, while she is not concerned about noise levels in conjunction with this applicant, she feels that the issue must be addressed for all applications, so it does not become forgotten. Responding to questions and concerns from Commissioner Frost, Planning Director Epple stated that Condition No. 15 would require that, if the East Fridley Street right-of-way is not vacated, the applicant will be required to pave it to a minimum width of 24 feet, in a design that will accommodate future upgrading to a City street standard. . Responding to Mayor Swanson, the Planning Director indicated that the conditions, as recommended, adequately reflect the Director of Public Service's suggestion that the looped water line be completed prior to issuance of an occupancy permit. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the Conditional Use Permit for a Planned Unit Development, under Application 10-26-92 - . .,~ - 3 - No. Z-92117, to allow construction of a new retail building and relocation of offices and retail operation on Lot 18, Block 46, Lots 16 through 27, Block 49, Lots 1 through 8, Block 46, and Lots 9 through 16, Block 46, and an irregular shaped parcel containing 3.98 acres located in the Northern Pacific Addition, subject to the following conditions: . 1. That the applicant submit a revised site plan to the Planning Office identifying the following landscape related items, prior to final site plan approval: A. All of the interior landscape islands shall be landscaped with the plantings as shown, and shall be seeded in grass or sod and noted on the final site plan; B. All landscaped areas shall be provided a hose bib or adequate underground irrigation system located within each landscaped area, and identified on the final site plan; C. Landscaping, including boulevard trees (where applicable), grass, screening, and buffering requirements shall be installed the entire length of the property bordering North Broadway Avenue (excluding drive accesses), and along the subject property bordering the residences to the south, and shall be located and identified on the final site plan; D. The total of each landscaped area shall contain not less than 75 % live vegetation and ground cover; and . E. Unless East Fridley Street is vacated, there shall be one more large canopy tree bordering Fridley Street and shown on the final site plan; 2. That the applicant submit a revised site plan identifying all dropped curbs, continuous curbing, wheel stops, handicapped accessible ramps, 4-inch wide painted striping, for review and approval by the Planning Office prior to final site plan approval; 3. All interior sidewalks shall be raised above parking lot surface the height of a standard continuous curb, and noted on the final site plan; 4. "No Parking" signs shall be installed along the length of the drive isle bordering the sidewalk at the front of the new retail store; 5. The applicant shall file waivers of protest to the creation of an S.I.D. for future improvements to Front Street, and for the creation of an S.I.D for the signalization of the intersection of Peach Street and Rouse Avenue; 6. The stormwater drainage/treatment plan basin sizing and discharge . calculations, discharge destination, and a stormwater maintenance plan must be submitted to and approved by the City Engineer; 7. Plans and specifications for the water main extensions prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings; 10-26-92 -------- .--.. .- - -- - -.--.--..-.-- --------.--..--...--...-. - -- .-- .. , . - 4 - 8. Plans and specifications for any proposed water main and hydrants, or fire service line must be prepared by a Professional Engineer (PE), and be provided to and approved by both the State Water Quality Bureau and the City Engineer prior to initiation of construction of the water main and hydrants, or fire service or fire protection system, The applicant shall also provide professional engineering services for the construction inspection, post-construction certification, and preparation of mylar record drawings; . 9. That the proposed water main and hydrants as shown on the plans and submitted to the State Water Quality Bureau and the City Engineer, be installed and in service prior to occupancy of the new building, and that no occupancy permits shall be granted nor any financial guarantees accepted prior to said installation and completion of the service; 10. Sewer and water (domestic and/or fire) services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant; 11. A sidewalk shall be installed to City standards, the length of, and within the North Broadway Street boulevard bordering the property, and shown on the final site plan; and the sidewalks and parking lot 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. A city curb cut and sidewalk permit shall be obtained prior to final site plan approval; 12. Asphalt or concrete headers shall be provided around the perimeter of s!.!! new asphalt not contained by a concrete curb; 13. The configuration of the off-street parking area shall comply with the . requirements of 18.50.120 of the Zone Code unless a deviation or variance is granted by the governing body. In particular the narrow drive aisles between the buildings, and the northeast access must meet code requirements for width; 14. The extent of the previous Fridley Street vacation must be delineated; 15. Fridley Street shall be designed for paving to a City of Bozeman local street standard, including curb/gutter and sidewalk, and shall be completed to a minimum width of 24 feet by the applicant in such a manner as to lend to future completion to the City standard. Paving shall be completed to the eastern-most parking lot access. If Fridley Street is vacated, the Design Review Committee recommends the adjoining property owners enter into an agreement for a shared access at the existing right-of-way centerline; 16. All existing and proposed utility and other easements must be shown on the final site plan. City standard form water line easements shall be filed . by the property owner prior to final site plan approval; 17. Adequate snow storage area must be designated outside the access sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder) ; 18. That in the event the dust control/abatement program fails, and dust from the lot becomes a problem, that the applicant be required to pave the truss plant employee parking lot as originally conditioned in the approval of the truss plant Conditional Use Permit; 10-26-92 ----.----- - 5 - 19. That the existing on-site structures bordering and facing North Broadway Street and the adjacent R-3A residential zone, be painted, or the siding be replaced with colored siding to match or complement the proposed new retail structure; 20. That all exterior lighting comply with all City standards for exterior lighting as set forth in Section 18.50.035A and Section 18.50.1208 of the Code, and be shown in detail on the final site plan; . 21. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 22. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 23. That all conditions specifically stated under any conditional use listed in this ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 24. That all of the special conditions shall be consented to in writing by the applicant; 25. Seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; . 26. 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 a part of that agreement; 27. The first 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. No site work, inclyding excavation, may occur until a building permit is issued. A separate building permit must be obtained for signage, prior to installation of any signage; and 28. If occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. . 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. 10-26-92 " - 6 - Decision - Commission Resolution No. 2878 - intent to annex 13.0-acre tract known as Parcel A and Parcel B. located in the W%. W%. NE%. SW% and the E%. E%. NW%. SW%. Section 11. T2S. R5E. MPM (Schrenk annexation reauest. Ivina north of Main Mall and south of West Babcock Street) This was the time and place set for the decision on Commission Resolution No. 2878, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2878 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 PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki reminded the Commission that the public hearing on this proposed annexation was conducted at last week's meeting. He then noted that, included in the Commissioners' packets, was a memo from Senior Planner Dave Skelton, dated October 21, forwarding a list of five items to be included in the annexation agreement, if the Commission decides that it wishes to continue the annexation process. At the Mayor's request, Planning Director Epple reviewed the contents of the memo. He . noted that all of these issues were raised at last week's meeting, and include: 1. Waivers of right to protest the creation of SID's for pavement, curb, gutter, sidewalk and storm drainage for West Babcock Street; 2. Waiver of right to protest creation of an SID for signalization at the intersection of West Babcock Street and West Main Street; 3. Cash in lieu of water rights payment, based on full development of the city- density residential zoning proposed; 4. Payback to Mr. Harry Daum for use of the existing sanitary sewer line; and 5. Payback to SID No. 622 for connection to the existing water trunk line. City Manager Wysocki characterized the situation with West Babcock Street as "a chicken and egg situation". He noted that it is important to have residents in the area participate in . improvements to West Babcock Street; and if they are not within the City's jurisdictional area, that makes the situation more difficult. He stated that City staff is beginning discussions with the County about improvements to West Babcock Street, and has drafted a letter to the Montana Department of Transportation regarding signalization at the intersection of West Babcock Street and West Main Street. He noted the County has indicated that any improvements to that roadway must be undertaken in another budget year; and he feels it is important to get State participation 10-26-92 ._--_._--"-,, . .-..---- ---....-----.-.--.--.--.....--.. .' - 7 - in the signalization project, which is estimated at slightly over $.5 million. The City Manager then noted that, while the subject property is not immediately surrounded by city limits, it is part of a larger parcel that is wholly surrounded. He then suggested that it may be beneficial and appropriate to annex the smaller parcels in this area as they become available, so .that the City's goal to smooth its boundaries can eventually be realized. Commissioner Frost stated that he recognizes the major transportation problems which exist in this area. He stated that he feels it makes good sense to annex the subject parcel; however, he noted that he cannot support any type of high-density development at this time. Commissioner Stiff stated he supports annexation of the subject parcel, noting he feels it is in the long-term best interests of the community to get its boundaries smoothed out. Commissioner Vincent stated that, while smoothing of the city's boundaries is extremely important, he has too many concerns about transportation and the existing infrastructure to support annexation of this parcel at this time. Commissioner Knapp indicated her support for annexation, stating that she does not feel that the alternative for development of the site if it were not annexed, (single-family residences . with private wells and septic tanks), would be acceptable. She then emphasized that her support for this annexation does not indicate any support for future development of the site. Mayor Swanson noted the amount of public testimony received during the public hearing, most of which pertained to the condition of West Babcock Street. He noted that he feels many of those problems must be addressed before he can support development of the site; however, he feels that annexation is appropriate. He then noted that the applicant's representatives are fully aware of the problems and the need for adequately addressing them prior to development of the site. City Attorney Luwe indicated that the next step in the annexation process is to direct staff to proceed with preparation of an annexation agreement which is acceptable to both parties. He . noted that after the agreement has been finalized, it will be placed on the agenda, to authorize the City Manager to sign the document. He noted that after that step is completed, staff will prepare a resolution of annexation, to complete the process. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize and direct staff to proceed with preparation of an annexation agreement which is mutually acceptable to both parties and addresses the five issues raised in Planner 10-26-92 " - 8 - Skelton's memo, as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Vincent. .DeCision - Commission Resolution No. 2879 - intent to annex 287.5-acra tract known as cas Nos. 1353 and 1353B. located in Section 31. T1S. R6E. MPM (Bridaer Creek DeveloDment reauest. Iving between Story Mill Road. the East Gallatin Recreation Area and the East Gallatin River. and the City landfill) This was the time and place set for the decision on Commission Resolution No. 2879, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2879 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki reminded the Commission that the public hearing on this requested annexation was also conducted at last week's meeting. He then noted that, included in the . Commissioners' packets, was a memo from Associate Planner Debbie Arkell, dated October 22. At Mayor Swanson's request, Associate Planner Debbie Arkell reviewed the contents of her memo. She noted some confusion at last week's public hearing about whether an analysis of the level of service on Story Mill Road, Bridger Drive, and the intersection of the two would be required prior to the annexation agreement or if it would be a requirement of that agreement. She stated that Director of Public Service Forbes has requested that the analysis be completed prior to the annexation agreement, so that the mitigation of any problems which surface during that analysis may be addressed in the agreement. Responding to the City Manager, Planner Arkell stated the Director of Public Service has requested that an access road from Manley Road over the sewer line be considered. She noted .that issue will be addressed before the annexation agreement is completed. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize and direct staff to proceed with preparation of an annexation agreement which is mutually acceptable to both parties. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, 10-26-92 __ ___..____...__.__....___..____________..m _. ..". - 9 - Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - master Dlan amendment to change land use designation from Business Park/Industrial and Public ODen SDace to Commercial - PV Enterorises - 29.8 acres located in NW%. Section 14. and NE%. Section 15. T2S. R5E. MPM (southwest corner of intersection of West Main Street & West Colleae Street) . This was the time and place set for the decision on the application submitted by PV Enterprises, under Application No. P-9226, for a master plan amendment to change the land use designation from Business Park/Industrial and Public Open Space to Commercial designation on 29.8 acres located in the Northwest one-quarter of Section 14, and the Northeast one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located at the southwest corner of the intersection of West Main Street and West College Street. The City Manager reminded the Commission that the public hearing on this requested master plan amendment was conducted at last week's meeting. He then noted that, included in the Commissioners' packets, was a memo from Associate Planner Debbie Arkell, dated October 22. Planner Arkell noted that the County Commission conducted its public hearing on this master plan amendment at their meeting held on Tuesday, October 20. She noted that, since this . property falls under the City's jurisdiction, the County Commission has delayed its decision on this amendment until after the City Commission makes its decision. Associate Planner Arkell then stated that, as a result of questions raised at last week's public hearing, the staff conducted a survey of B-2 zoned property, and found that no large parcels are available for development at this time. She then showed the Commission a colored map which depicts the B-2 property inside city limits. She noted the survey revealed approximately 100 acres of undeveloped property which is zoned or master planned for highway commercial development and 290 acres of developed B-2 property. She noted the largest undeveloped B-2 parcel is Carl Tange's, located west of the Holiday Inn, and containing 20.2 acres. She noted that Oak Street must be extended to provide access to the parcel; and water and sewer lines must also be .extended to the site. She noted approximately nine acres of B-2 property along the East Frontage Road; and a 10-acre parcel along East Main Street which has topographical problems and no frontage onto the street. She also indicated that 7.7 acres is available along West Main Street, in the Volz/Wallin development. She noted, however, that this area has been divided into four lots; and the roads and water and sewer easements which traverse the site make it impossible to install 10-26-92 ------------------- ,,_ u..______. ".___ ---- - .- " - 10 - and the roads and water and sewer easements which traverse the site make it impossible to install one large development. She stated that along Wheat Drive, the 13 acres owned by Mr. Peter Nelson are zoned as B-2; however, that site currently serves as his private residence. The Planner then stated that two areas near the North 19th Avenue interchange, one on . the north side of the interstate, in the Walker Property Subdivision, and one on the south side of the interstate, have been master planned for commercial development. She noted, however, that roads, water and sewer must be extended to the area; and the appropriate rezonings must be accomplished. Responding to Commissioner Vincent, Planner Arkell stated that in the area where Wal-Mart is considering the construction of a store, there is approximately 6.6 acres of vacant B-2 property. She noted that site is not large enough for their store; and they are considering the annexation and rezoning of 6 to 7 acres to make their development feasible. Responding to Commissioner Stiff, Planner Arkell stated that the current master plan designates the property along the south side of West Main Street to Fowler Lane extended as business park/industrial. She noted that land use designation does allow for commercial .development. Responding to Mayor Swanson, the Planner stated that the application forms and submittal requirements have not yet been revised to reflect the differences between the 1983 master plan and the 1990 master plan update. She then noted that the 1983 master plan contained six criteria for review, while the 1990 master plan contains only four. She stated, however, that those criteria all mesh. Responding to Commissioner Knapp, Planner Arkell stated that the subject property is master planned as business park/industrial and is currently zoned Public Lands and Institutions on that portion lying inside the city limits and Agriculture--Suburban on that portion lying outside the city limits. She noted that all of the subject property is owned by Montana State University at this .time. Further responding to Commissioner Knapp, the Planner indicated that Business Park zoning would ensure open space within the development and would be in compliance with the underlying land use designation in the master plan. She noted that this zone allows for business park type development, and some industrial, commercial and professional office development. City Manager Wysocki cautioned the Commission that if the zoning of this property is 10-26-92 - - ------------------ .: - 11 - approval of that application would result in opening the entire parcel to Fowler Road for commercial use. He then asked how development of this nature might impact development of the existing BP zoned property on the north side of U.S. Highway 191, just west of Fowler Road, in the Valley Unit Subdivision. .Breek - 4:15 to 4:22 D.m. Mayor Swanson declared a break from 4:15 p.m. to 4:22 p.m., to allow the Commissioners an opportunity to meet with staff prior to making a decision on this agenda item. Decision (continued) - master Dlan amendment to change land use desianation from Business Park/Industrial and Public ODen SDace to Commercial - PV Enterprises - 29.8 acres located in NW%. Section 14. and NE%. Section 15. T2S. R5E. MPM (southwest corner of intersection of West Main Street & West CoUeae Street) Commissioner Frost stated that he does not support either the requested annexation or master plan amendment and rezoning because he does not feel this site lends itself to highway commercial type development. He noted that major transportation problems exist in this area, particularly on West College Street and its intersection with West Main Street. He noted that if a .Planned unit development were sought, it would provide an opportunity to review the issue differently. Commissioner Frost then noted that the Commission was recently asked to allow additional commercial uses in the Advanced Technology Park; and it denied that request because it did not feel that was an appropriate place for large retail development. He noted there will be economic pressure on the Tech Park if the subject parcel is rezoned to commercial. He also expressed concern about the compatibility of commercial development with the surrounding neighborhood. Commissioner Frost then stated he does not believe that West College Street can handle the additional traffic that would be generated by commercial development; and he also does not feel that a major commercial district is needed in this area. He also noted that prioritization of the .projects listed in the proposed transportation plan update has not yet been completed; and he feels it is important to know where improvements to West College Street and its intersection with West Main Street lie in that prioritization before additional traffic is generated on that roadway. He then stated that he does not believe that the requested annexation, master plan amendment and zone map change for the subject site are in the best interests of the City. 10-26-92 , <j - 12 - Commissioner Stiff stated he feels that commercial development on the subject site could make sense; however, he does not feel it is appropriate right now. He noted the City is in the process of considering adoption of the transportation plan update; and he is concerned about approving this type of zoning along a roadway that must be upgraded. He also noted that the .sUbject parcel is approximately 2% times the size of the parcel upon which Wal-Mart plans to construct; and he is concerned about the impacts that development of such a parcel might have on the City's infrastructure. He then stated that, while he recognizes the need for growth, he is concerned about the downtown area. He noted that Bozeman has a good solid downtown business core; however, he noted that most communities have need to be concerned about their downtowns, and he feels that Bozeman must protect its downtown. Commissioner Vincent noted that this type of development will impact adjacent properties; and it will also impact the transportation system. He then stated that, given those impacts and possible ramifications, he cannot support this application at this time. Mayor Swanson stated he cannot support this application for master plan amendment, mainly because he does not feel that it meets Criteria No.2 or 3. He stated that he feels this . application would result in an increase in traffic, which would negatively affect the community because of the condition of the existing infrastructure. He also questioned the compatibility of the requested commercial land use designation with properties to the south and west, and to some extent, to the east. It was moved by Commissioner Vincent, seconded by Commissioner Frost, that the Commission deny the application submitted by PV Enterprises, under Application No. P-9226, for a master plan amendment to change the land use designation from Business Park/Industrial and Public Open Space to Commercial designation on 29.8 acres located in the Northwest one-quarter of Section 14, and the Northeast one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting . Aye being Commissioner Vincent, Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - zone maD change - PLI and A-S to B-2 - PV EnterDrises - 29.8 acres located in NW%. Section 14. and NE%. Section 15. T2S. R5E. MPM (southwest corner of intersection of West Main Street & West Colleae Street) This was the time and place set for the decision on the application submitted by PV 10-26-92 ------.-- _. . n. ....._......_ . u___ .___._.___ .... --. I ..' - 13 - Enterprises, under Application No. Z-92109, for the zone map change from PU, Public lands and Institutions, and A-S, Agriculture--Suburban, to B-2, Community Business, on 29.8 acres located in the Northwest % of Section 14, and the Northeast % of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, more commonly located at the . southwest corner of the intersection of West Main Street and West College Street. The City Manager reminded the Commission that the public hearing on this application was also conducted at last week's meeting. He then recommended that, based upon the previous decision, the Commission deny this application, since its approval would make the zoning not comply with the master plan land use designation. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that, based on the action taken on the above agenda item, the Commission deny the application submitted by PV Enterprises, under Application No. Z-921 09, for the zone map change from PU, Public lands and Institutions, and A-S, Agriculture--Suburban, to B-2, Community Business, on 29.8 acres located in the Northwest % of Section 14, and the Northeast % of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian. 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. Pledaed Securities as of SeDtember 30. 1992 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commissioner Knapp and Mayor Swanson have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of September . 30. 1992. and listing of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES SEPTEMBER 30, 1992 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 10-26-92 .. ....._.__..... ._...___.... ..u - - - .-...--- " .! - 14 - Trusteed with National Bank of Commerce St. Paul MN Hsg & Redev Auth Bd 10.0 12/01/2002 047041 $ 300,000.00 West Jordan UT Wtr & Swr Rev Bd 7.25 07/01/1994 046776 200,000.00 EI Paso Cnty Co Hosp Rfgd 7.20 05/01/1994 046737 200,000.00 Pub Indl Corp Port of Camas 8.50 11/01/2002 046763 270.000.00 . Sub-Total - First Security Bank - Bozeman $ 970.000.00 Pledaina Amendment to ReDurchase Aareement: Trusteed with National Bank of Commerce: Fed Home Loan Bank 7.50 06/27/1994 046739 $ 1,000,000.00 Fed Natl Mortgage Assn 8.45 07/15/1996 046742 250,000.00 Fed Farm Credit Banks 8.80 03/15/1995 049024 500.000.00 Sub-Total - Repurchase Agreement $ 1.750.000.00 TOTAL - First Security Bank - Bozeman $ 2.720.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-407, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for . the City of Bozeman funds as of September 30, 1992, by the banks of Bozeman and approve and accept the same. TIMOTHY SWANSON, Mayor JOE N. FROST, Commissioner BEVERL Y H. KNAPP, Commissioner ALFRED M. STIFF, Commissioner JOHN C. VINCENT, Commissioner 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 10-26-92 - ; -I - 15 - (1 ) Copy of a letter from Lynn Husby, 403 North 20th Avenue, to Director of Public Service Forbes, dated October 21, regarding closure of that street. (2) Letter from the Chamber of Commerce, dated October 12, regarding Gallatin Valley Agriculture Appreciation Days, scheduled for the week of November 16. . The City Manager noted that the deadline for participation in those activities is November 6. (3) Letter from the Gallatin Development Corporation, dated October 15, thanking the City for its commitment to assist the Small Business Development Center, and asking that the $5,000 be remitted to the GDC as soon as possible. (4) Memo from Planning Director Epple, dated October 23, regarding the sign sub- committee's activities to date. (5) Minutes for the Beautification Committee meeting held on September 22. (6) Minutes for the PedestrianfTraffic Safety Committee meeting held on October 14. (7) Minutes for the Bozeman Area Bicycle Advisory Board meeting held on September 22. (8) Copy of a draft letter from the City and the County to the State Department of . Transportation requesting that signalization of the West Main Street/West Babcock Street intersection be included in the Bozeman - Four Corners project. (9) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Tuesday, October 27, at the Carnegie Building. (10) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Tuesday, October 27, at the Carnegie Building. (11 ) Agenda for the County Commission meeting scheduled for 1 :30 p.m. on Tuesday, October 27, at the County Courthouse, along with daily minutes for the week of October 11. (12) The City Manager submitted his weekly report, as follows. (1) Noted that the barricade has been erected in mid-block on North 20th Avenue, after receipt of a $2,000 donation from the neighbors. (2) Noted that leaf pick-up is proceeding, with good cooperation from the .residents. To date, 108 tons of leaves have been collected, compared to 250 tons collected last year. (3) Stated that Director of Public Service Forbes is in Helena today, meeting with the Department of Transportation regarding the North 19th Avenue interchange project. (4) Announced that the first household hazardous materials pick-up is tentatively scheduled for Mayor June of next year. (5) Noted there was a moose in the cemetery this morning. (6) Stated that the pooled 10-26-92 . -r - 16 - SID bonds have been sold at .2 percent less than originally anticipated, which has resulted in a 6.68-percent interest rate. (7) Announced that the SID assessments were mailed out today. (13) Commissioner Knapp submitted the following. (1) Noted the Night of 100 Dinners fundraiser for the Library, and encouraged everyone to sign up. (2) Announced that on Friday, she . will attend a Library Services Advisory Council meeting in Helena. (14) Commissioner Knapp noted her surprise that the public hearing on the transportation plan has been postponed. The City Manager responded that, as a result of the public testimony received, the Planning Board has been unable to finalize its recommendations. He stated it is anticipated that the Board will meet another two or three times before it finalizes its recommendations, and that the public hearing before the City Commission will be scheduled for early December. Commissioner Frost stated that he had attended the Planning Board's public hearing and is not surprised at the delay. He then indicated his support for the delay, noting it should result in a better recommendation from the Board. ( 15) Clerk of the Commission Sullivan submitted the following. (1) Indicated she will .be attending a meeting in Billings on Wednesday, to finalize the program for the IIMC Region VIII meeting to be held at Grouse Mountain Lodge in January. (2) Noted that the agenda for next week's meeting appears to be light. (16) Mayor Swanson submitted the following. (1) Talked to fifth graders today. He noted that their list of top ten items in the community included education, mountains and wildlife, and a concern that the area is growing too fast. (2) Announced that he will be absent from the November 30 Commission meeting. (3) Reminded the Commission of the meeting with the successful legislators, which is set for 6:00 p.m. on Tuesday, November 17, at the Baxter. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Red Ribbon Week" - October 24 - November 1. 1992 Reauest for Dermission to conduct Christmas Stroll - Fridav. December 4 - 5:30 D.m. to 9:30 D.m. . Main Street from Rouse Avenue to Third Avenue Deviations - to allow installation of 8 sauare feet of freestanding sianaae in addition to 18.6 sauare feet existing wall mounted sianage - First Church of Christ Scientist Deviations - to allow 24 foot encroachment into 25-foot front yard setback of West Main Street. 15 foot encroachment into 25-foot front yard setback of North 8th Avenue. 8 foot encroachment into side vard setback along 10-26-92 '- '. . - 17 - east boundary. and 1 0 foot encroachment Into rear yard setback alonQ north boundary - Blockbuster Video. 711 West Main Street Cancellation of DubUc hearing on Bozeman TransDortation Plan UDdate scheduled for November 2. Der Plannina Staff reauest (new date to be set later) Claims It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adiournment - 4:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. 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. . ATTEST: ~ J~ ROBIN L. SULLIVAN Clerk of the Commission . 10-26-92