HomeMy WebLinkAbout1991-03-18 MinutesMINUTES OF THE MEET|Nc OF THE C/Tv COMMISSION
BOZEMAN, MONTANA
March 18. /en
The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, March 18 1991, at 3:30 p.m. Present were Mayor Hawks, Com-
missioner Goehrung Commissioner Frost Commissioner Swanson, City Manager Wysocki,
City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Knapp was ab-
sent in compliance with Section 7-3-4322(2) M.C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Nv=r of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - March 11 1991
Mayor Hawks deferred action on the minutes of the regular meeting of March 11
7991 for a period of one week.
Request for classification of City-County City-County Planning Staff whether t addition of
twenty gaming machines at Frederick's Family Restaurant constitutes a use different from a
restaurant serving beer and wine
City Manager Wysocki submitted to the Comwiyyion a memo from the Planning staff
dated March 13. 1991 requesting a classification of use to determine whether the conver-
sion of Frederick's Family Restaurant to the Golden Goose Casino, through the addition of
twenty gaming machines constitutes a use which is different from a restaurant serving beer
and wine.
Mayor Hawks noted the is,o"e is whether the original conditional use permit, which
was to a||mv the sale of beer and wine as an accessory use to the existing restaurant, ex-
tends to use of the facility as a casino. He then noted that the minutes from the January
21 1991 meeting at which the beer and win, license was approved very specifically dis-
cuss the Commission's intent that this original conditional use permit m*vVd not cover a ca-
sino operation.
Commissioner Swanson noted the memo from the Planning staff indicates that the
Planning Director has determined that a new conditional use permit is required for the ca-
sino, because it is different from the use previously approved by the Commission. He not-
ed the memo further indicates that the sign review submittal for the new sign was re-
turned to the applicant; and ha indicated that he would file the necessary papers for a
now conditional use permit.
Mr' Ralph Ferraro, applicant, stated it was his impression that as long as the sign
was left in its present state, a new conditional use permit would not be required, howev-
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er one would be required if the sign were to be changed. He stated, based on that
interpretation, he decided not to pursue changing of the sign, but rather that he would
leave it as Frederick's Ice Cream Parlour.
Assistant Planner Kevin Wall atated that when the proposal for the now sign was
submitted to the Planning office in December, staff determined that the casino use pro-
posed under that sign was different from that allowed under the existing conditional use
permit. He noted that was the reason the sign application was returned to Mr. Ferraro,
with notification that w new conditional use permit must be sought as well. He noted that
changing the face plate of the sign was not the issue at hand.
Mr. Ralph Ferraro stated he was not told about the requirements of the interim
zoning ordinance last summer when the conditional use permit to sell beer and wine as an
accessory use to the existing restaurant was sought. He then noted that Section 23-5-611
M.C.A. allows an establishment licensed to sell alcoholic beverages for on-premise con-
sumption to operate up to twenty gaming machines. He stated that at that time, he also
wanted to change the name of the establishment to ref/out the installation of the gam/mg
machines; and that is when he was informed that a new unodmoma/ use permit was re-
quired. He indicated that had he known that the installation of gaming machines might not
be allowed uodmr the CUP for na|o of hpvr and wine as an accessory use to the restaurant,
he would have included it in that application,
Mr. Ferraro then stated that he ignored tbe Planning staff's response to his appli-
cation for the new sign because he thought it basically pertained to changing the sign only
and had nothing to do with the uhao9n of use inside the structure. He noted that he has
complied with the State statutes and was not aware that he was in vi"|ahvo of any City
oru/nanceo.
Planning Director Andy Epp|e stated there had not been any staff conversations
with Mr. Ferraro regarding possible change of use; but that the issue was frequently
discussed with the applicant, Mr. John Keserich when the conditional use permit for sale
of beer and wine was in process. The applicant, at that time, fully understood that any
change in use to a casino would require another conditional use permit. He further noted
that those conversations are documented in the proceedings before the Development Review
Committee as mm|('
City Attorney Becker stated that a conversation with the State revealed that once
the City has approved the sale of alcoholic beverages for on-premises consumption and the
appropriate licenses have been issued o gaming license can be sought and obtained based
on that licensing. He noted that under this present system, the City is not given an op-
portunity to raise the issue of zoning for Gaming Commission consideration in approval of
the gaming license applications.
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The City Attorney stated that under State statutes, the City muv' through its zone
code, prohibit gambling in specific zones; however, it cannot prohibit gambling entirely.
He then noted the City's existing zoning ordinance does not refer to gambling as such.
The Planning Director concurred rioting that there is no definition of "casino" /m
the interim zoning ordinance. He suggested, however, that the present use could be clas-
sified under "amusement and recreational facilities" if the Commission so chooses.
Mayor Hawks expressed concern about the precedent this situation could sot with
any establishment having an on-premises alcoholic beverage license having the ability to
install up to twenty gaming machines with no City review.
The City Manager suggested that if the Commission deems appropriate, they could
direct staff to initiate a zone code amendment to provide a definition for "casino" and list
that use under the appropriate zoning designations. He then noted it might also be ap-
propriate to incorporate that revision into the final zone code document rather than
amending the interim zoning ordinance at this time.
Planning Director Epp/c reminded the Commission that the action to be token is one
of classification of use. He noted that under Section 18.0e.0*0 of the interim zoning
ordinance, the Commission must determine that the use is the same, or so similar so as to
be interpreted the same, as one or more of the listed permitted or conditional uses in the
district. He stated that if that is not possible, then the Commission may direct the staff
to proceed with a zuuu code amendment, as m/t|/nod by the City Manager above.
The Planning Director then reminded the Commission that Bingo World, located at
237 East Main Street' was approved in 1986 as a conditional use under the classification of
"amusement and recreational facilities." He noted that if the Commission makes that class-
ification in this /soua the applicant will be required to seek v new conditional use permit
because of the potent/a/ difference in traffic patterns, hours of operation and the impact of
lights and noise. The Planning Director suggested unud`cr alternative for c/assiMcution
might he "bar and tavern which is also a conditional use in the B-z zone.
Commissioner Frost noted that during the public hearing on the existing conditional
use permit held in September I990 several p*np/o spoke in opposition to allowing the sale
of beer and wine because they were afraid of losing one of the family restaurants in the
community. He noted at that time, the Commission was assured that the establishment
would remain a family restaurant; however, its operation actually seems much closer to that
of a bar,
Responding to Commissioner Swanson, the City Attorney stated that while the City
has the ability to provide input concerning zoning issues prior to the State's issuance of
a license for sale of alcoholic beverages, gambling is addressed through a different set of
statutory regulations that does not provide that same opportunity for local input. He sug-
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Qested that issue should he raised to the Gaming Commission in an attempt to gain that
ability for input on gaming issues.
Responding to Mayor Hawks, Planning Director Epp/r stated he has riot been in the
establishment recently; therefore, he cannot respond to how the emphasis of the business
may have changed. He noted, however, he has heard reports that some of the seating has
been removed and an area of the restaurant converted for gaming proposes. He also noted
that the establishment is being advertised as the Golden Goose Casino; and chocks are now
being written to that name rather than Frederick's Ice Cream Parlour.
Responding to Commissioner Swanson, the Planning Director stated he does not foe{
that a business name change necessarily constitutes o change in use; however, in this in-
stanco the operation and the business ins/de have changed as well, He noted that this
can impact the manner in which the business is conducted such as its hours of operation
and the clientele that it attracts.
Responding to Commissioner Swanson, Mr. Ralph Ferraro stated the Commission has
no review authority at this tine. He stated the restaurant "pomukm has not changed, but
still serves breakfast, lunch and dinner and ice cream. He mv*ru that they have eliminat-
ed seating for 30 people to install the gaming machines; however, there are still 62 seats
remaining. He noted that the restaurant has traditionally closed at 11:00 p.m.; and they
have been dvoimg at midnight because there is not the trade to keep it open any later,
Mr. Ferraro then stated that he has already gone through the conditional use pro-
cess for the sale of beer and wine; and he has put up a $o'mo bond for landscaping im-
provements on the site. He also noted that the twenty gaming machines he has installed
will generate additional revenues for the City.
Mayor Hawks noted that the gaming industry is a rapidly changing industry at this
time; and it behooves local governments to monitor it closely. He then stated support for
requiring another conditional use permit for what he Fca|s is a change in use.
Responding to Commissioner Coohrung Planning Director Epp|e indicated it would
be best to incorporate a definition for "casino" and the appropriate areas in which those
activities can be permitted in the new zone cod*. He noted that in the meantime, hvw°v-
ar the use needs to be classified under on existing category.
It was moved by Commissioner Gnehrung seconded by Commissioner Frost, that the
Commission determine that the requested casino is the same as or so similar as to be in-
terpreted the same as, on amusement or recreational activity, which is a conditional use in
the B-2 zoning district; and direct the applicant to apply for the additional conditional use
permit necessary for this change of use as soon as possible. The motion carried by the
following Aye and No vote: those voting Ayr being Commissioner Goehrung^ Commissioner
Frost, Commissioner Swanson and Mayor Hawks; those voting wn none.
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Commissioner Goehrung stated that in addition to having staff pursue a definition
for "casino" in the new zone code, he is interested in having the City Attorney write a
letter to the State to make them aware that issuance of a gaming license without local gov-
ernment input can create zoning violations.
Discussion - format for meeting on March 20 with members of the various advisory boards
and commissions
The City Manager stated that the Mayor had requested this item be placed on the
agenda.
Mayor Hawks stated he does not wish to become involved in the traditional committee
report process at the meeting to be held on Wednesday night. He noted, rather, that he
is interested in having that portion of the meeting move quickly. He suggested this could
possibly be accomplished by having the various boards and commissions prepare their re-
ports on large sheets of paper that could be posted on the wall for quick review. He not-
ed that those present could then break out into discussion groups of six to eight, with
Commissioners moving among the groups to answer questions and help facilitate discussion.
The Mayor suggested that those in attendance be encouraged to expand on the initial list
of Commissioner goals, adding those which have been overlooked to this point.
Commissioner Swanson suggested that each group be asked to select the top three
priorities, noting that could assist the Commissioners in their prioritization process later.
City Manager Wysocki asked about setting timeframes for the various steps to be
followed.
The Mayor stated he envisions the meeting lasting one and one -half to two hours.
The City Manager suggested that the Clerk of the Commission prepare a schedule
for the meeting, taking into consideration the steps listed above and the proposed
time frame for completing those steps.
Ordinance No. 1323 - amending Chapter 8.16 of the Bozeman Municipal Code, defining gar -
bage providing for the collection and disposal thereof and defraying the costs thereof,
and providina for penalties for violation thereof
City Manager Wysocki presented Ordinance No. 1323, as approved by the City At-
torney, entitled.
ORDINANCE NO. 1323
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING ORDINANCE NO. 696, AS ADOPTED ON THE 8TH
DAY OF JANUARY 1940, AND AS CODIFIED IN CHAPTER 8.16 OF THE
BOZEMAN MUNICIPAL CODE, DEFINING GARBAGE FOR THE PURPOSES OF
THIS ORDINANCE; PROVIDING FOR THE COLLECTION AND DISPOSAL
THEREOF BY, AND UNDER THE SUPERVISION AND CONTROL OF THE DE-
PARTMENT OF PUBLIC SERVICE, AND FOR DEFRAYING THE COST OF
SUCH COLLECTION' AND DISPOSAL AGAINST THE PROPERTY TO WHICH
SUCH SERVICE IS RENDERED; AND PROVIDING PENALTIES FOR VIO-
LATION OF THIS ORDINANCE.
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The City Manager noted a copy of this proposed ordinance, with su'/kn outs and
underlines to reflect the changes made, was included in the Commissioners' packets. He
then submitted to the Commission a memo from Director of Public Service Forbes doted
March 18, 7991 with some proposed revisions to that ordinance.
Mayor Hawks suggested a revision to change the limit from twenty-five pounds per
can to thirty pounds per can, noting that might provide incentive to use cans rather than
bags. He then asked if that revision would have a significant impact on the calculations
for the base rate under this new volume-based rnu, system.
Director of Public Service Forbes stated that weight is a component in the rate
structure. He noted that staff can determine a proposed rate structure based on whatever
weight the Commission establishes in this ordinance. He then concurred with the Mayor
that the slightly higher weight limit could encourage people to use cans rather than bags.
Mayor Hawks asked for information on possible rates by the public hearing date so
that the Commission has some idea of what they are dealing with.
Commissioner Cnehrung noted it may not be realistic to address the issue of prod-
ucts being burned in wood stoves at this time; however, he suggested that should possibly
be considered in a future revision. He noted that this new volume-based rate structure
might cause people to burn waste paper that cannot be recycled to reduce their waste
streams; and that could adversely impact the air quality in the valley.
Commissioner Gvnhrung them proposed adding a section to the ordinance which ad-
dresses the illegal dumping of hazardous materials. He onoad that those materials require
special handling; and there are costs involved in that handling.
Qty Attorney Becker noted that the EPA presently has restrictions on dumping of
hazardous materials. He then stated that the illegal dumping of hazardous materials can be
included in the ordinance, noting that the orim|na� penalty cannot exceed $son and six
months in the County jai/. He suggested that under civil penalty, the City may be able to
exceed that maximum.
Commissioner Coohrung noted that in some communities steps have been taken to
encourage people to keep compnstab!e and recyclable items out of the waste stream, sug-
gesting that is an item the City may wish to consider in the future.
City Manager Wysocki recommended that the Commission provisionally adopt this or-
dinance, with the revisions suggested by Director of Public Service Forbes and Commis-
sioner Gvehrumg' and set a public hearing for April l.
(t was moved by Commissioner Frost seconded by Commissioner Swanson, that the
Commission provisionally adopt Ordinance No. 7323 as revised, and set the public hearing
for April 1 1991, The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost Commissioner 5wonsvo' Commissioner Goehrung and way",
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Hawks; those voting No, none.
Discussion - FYI Items
City Manager VVysocki presented to the Commission the following "For Your /nfvrma-
dom" items.
(7) Mr. Roo Hess, professor at the M3U School of Architecture, stated that he
and a professor from the University of Oklahoma at Norman have been pursuing potential
funding from the National Endowment for the Arts to bring an expert from England to
study both communities. He noted that the monies from that source are becoming more
available to small town rural areas; therefore, he feels that such e grant application could
be successful.
Mr. [lass stated that under this proposal, the expert from England would visit both
communities, which would decrease the most or each community. on his tours this expert
would collect a palate of co/ors for the community, comprised of pieces of rock, possibly
chips from buildings in the community and other colored items which impact the cnmmionity
and its appearance. He likened the process to that of a woman getting her colors done
and getting n palate of colors that are best for her. He stated that another product of
the process would be a video tape of the downtown area which could be placed on a com-
puter, and color enhanced through a special program.
Mr. Ron Hasa then asked if the City is interested in this type of a process. He
noted that under the proposed grant, the City would be required to provide matching
funding through in-hind services such as office space and secretarial help; and he would
be willing to donate his services to help in the match.
Responding to questions, Mr. Hess estimated the cost for this type of program at
$so ' 000.
Mayor Hawks noted that Mr. Arendt will be visiting Bozeman next mnnth; and to
obtain this kind of expertise in the planning area *mu|u be equally intriguing. He noted
that to attract this type of activity to Bozeman as a part of the master planning and de-
velopment processes generates an exciting atmosphere in which to live and work.
Mr. Hess stated that he and the other gentleman wi|{ develop a proposal for funding
during this summer and submit it to the National Endowment for the Arts. He noted that
if the funding is approved, the expert from England will do his on-site work during the
summer of 1ee2.
(z) Agenda for the Highway Commission meeting scheduled for Friday. March ry
in Helena. Items on the agenda include discussion of new interchanges and Interchange
modifications, and a discussion on the worth 19th Avenue interchange.
(3) Notice of the Governmental Affairs Committee meeting scheduled for 7:30
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a.m. on Tuesday, March 19, at the Baxter Hotel.
(4) Letter from GFOA, dated February 8, 1991, notifying Administrative Services
Director Nhra| Gamradt that he has been appointed the state representative for Montana,
The City Manager noted that as a result of this appointment Mira| Gamraut plans
to attend the annual GFOA conference, for the first time.
(s) Copy of the notice ofpublic hearing for the sidewalk program,
(W Letter from Phyllis Wau*ra dated March 11 1991 concerning the proposed
garbage rate structure revisions.
(7) Copy of a letter to LifeLink from the City Attorney, dated March 11, con-
cerning compliance with the City's zone code.
(8) Copy of a letter to Representatives Harrington, Raney and Hoffman, dated
March 15, stating objection to HB884, which proposes to give a tax credit on the reap-
praisal taxes.
(9) Letter from Arnold Plowman, President of the Bozeman Senior Social Center,
dated March 15 stating support for the proposed 1991 sidewalk program, particularly in-
stallation of the sidewalk along the south side of Tamarack from North Rouse Avenue to
North 7th Avenue.
(10) Letter from Harvey Larson, Chairman of the Senior Citizens Advisory Board,
doted March 16 stating support for the 1991 sidewalk program and installation of the side-
walk along Tamarack Street.
(11) The City Manager submitted his weekly report, as follows, (7) Staff is be-
ginning to review the existing janitorial services contract to determine whether that is
more most effective than the possibility of jointly hiring a light maintenance yarsvo with
the School District or the County. (z) Will attend a meeting with the Downtown Bozeman
Association at 7:00 p.m, on Tuesday, April 16 to discuss possible replacement or
enhancement of lighting in the downtown urea. (3) Discussed the status of the Damschen
study with the Director of Public Service and County Commission, but has no further in-
formation at this time. (4) The Valley Unit auction sale was held today; and all of the
lots were sold. (5) Has been preparing information for the proposed exchange of prop-
erties with the School District. (6) Mot with representatives from Habitat for Humanity
regarding the construction of affordable housing; and they wiy| be seeking CDBG monies to
assist in their project. (7) The Police Department will be conducting an auction su|c on
Saturday, at the Haynes Building. Bicycles will be sold at 11:00 a.m.; and vehicles will
be sold at 72:00 noon. (o) The budgeting process for Fiscal Year 1991-92 is beginning,
with initial budget requests due at the end of the week. (9) The MSQ Spring Roden is
scheduled for April 11-13. The CNFR site selection committee will be considering sites for
the spring rodeo this year; and they will also make a preliminary location review for the
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CNFR site selection in June. (/o) The Bright and e=audnml Committee for the downtown
area has proposed that hanging flower baskets m*t he used this year, but that additional
planters be placed along the sidewalks and that additional trash containers be installed at
strategic locations. The Committee is also suggesting the purchase of banners that can be
changed for the various activities rather than purchase of more Montana flags,
(12) Commissioner Swanson submitted the following. (l) Requested that Dixie
Swenson be invited to attend the April I Commission meeting to 8iwa a presentation on the
Gallatin Development Corporation what it has accomplished and where it is headed. (z)
Reminded the Commission that he will be absent from next week's meeting due to his atten-
dance at a conference in California on bow a community can best manage its environmental
problems.
(13) Commissioner Goehrung stated he has o meeting on Wednesday night which
conflicts with the Commission's scheduled meeting with members of the various boards and
commissions.
(14) Mayor Hawks submitted the following. (1) Welcomed the Montana Home-
builders' Industry on Friday morning. (/) Attended the beginning of the vw||ey unit auc-
tion sale this afternoon. (3) Toured the Haynes Building earlier this afternoon.
The City Manager prcsemted to the Commission the following Consent Items.
Request for Section 18.50.120.B.6. of the interim zon
ordinance re paving of parking lot - Matzinger Electric, 907 Bridger
Drive; per DRB recommendation
Request for permission to conduct WalkAmerica - Montana Big Sky Chapter of
the March of Dimes - Saturday, April 27, 10:00 a.m. - begin and end
at Rax; limited to sidewalks and walkways
Award bid for Repurchase Agre ment for the period April 1, 1991 throuqh
March 31, 1992 - First Secu� Bozeman; per staff rec-
ommenclation
Award bid - one ne inspection television mounted in a one ton van
Aries Industries, Inc., Sussex, Wisconsin - $62,978.00
Building Inspection Division repori Tor February 1991
Claims
It was moved by Commissioner Swanson, seconded by Commissioner Gnehrwng' that
the Commission approve the Consent Items as listed and authorize and direct the appropri-
ate persons to complete the necessary actions. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Swanson, Commissioner Gonbrung
Commissioner Frost and Mayor Hawks; those voting No, none.
Break 443tm455
Mayor Hawks declared a break from 4:43 p.m. to 4:55 p.m.' in accordance with
Commission policy established at their regular meeting of March 14 IsDs.
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Status report from ad hoc recycling committee
The City Manager submitted to the Commission a status report from the ad hoc re-
cycling committee, dated March lo 1891'
Commissioner G*chrwng stated at last week's meeting the committee identified what
they feel needs to be uooe. He noted their top priority items include locating existing
markets; identifying and analyzing available systems, i.°,' satellite versus curbside/ and
implementing an education program.
Commissioner Goenruug stated that the committee has requested that staff prepare a
cost comparison between a satellite program and a curbside program' noting the committee
has tentatively supported the curbside approach. He noted the committee would also like
cost information from staff on specific programs, including an expanded composting pro-
gram, recycling at the landfill, and implementing an annual hazardous household waste
pick-up campaign.
Commissioner Go*hrun9 stated that he has suggested to the committee that their
proposals should be submitted to the Commission for response, so they know whether this
proposed approach is too aggressive or if it is acceptable.
The Commissioner then reminded the Commission or previous discussions on the pos-
sible hiring of a public relations consultant to develop and package the educational infor-
mation which will be necessary to implement this program. He noted that a consultant will
need thirty to forty-five days to prepare materials for distribution; and time is of the es-
sence. He noted that before that process is begun, the Commission must determine what
is to he involved.
City Manager Wysocki suggested that if the Commission were to develop a scope of
work statement, the public relations consultant would have on idea of what is des/red. He
further suggested that the Commission should determine how much funding it is wiUing to
apply toward this part of the process; and that could dictate much of the scope.
Mayor Hawk, noted that the qualifications of the firm and the quality of their work
are critical. He suggested that to utilize the RFQ process could provide the City on op-
portunity to evaluate the type of work that the firm is presently doing.
The City Manager asked if there are any communities near the size of Bozeman
where a recycling program is being operated, and asked it contacting them could provide
any beneficial information.
Commissioner Goehruog indicated that the committee has reviewed several programs
from other communities; and they have selected points that they like from each of those
programs.
Commissioner Frost suggested it might be beneficial to have someone with a back-
ground in recycling put the information for the education program together.
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Mayor Hawks suggested that a graphic designer be asked to develop a recycling
/nQo' which would be readily identifiable.
City Manager Wysocki asked how serious the committee is about curbside pick-up,
which might cut out the people who are presently picking up aluminum oon, to generate
revenues.
Commissioner Goahrung stated the committee did discuss that issue. He then noted
that the committee also discussed what the costs of a curbside program might be. He stat-
ed that based on $2.00 per month for the service, that would trans/ate to a »o percent
increase in garbage collection costs for someone who is pr*ouuNy paying $75.00 per year.
He cautioned the Commission that the results of the survey which was conducted reveal
that only s percent of the respondents would be willing to pay that much more for imple-
mentation of recycling program.
The City Manager noted that Waste Management has recently made overtures about
implementing a curbside recycling program.
Commissioner Gnebrung reminded the Commission that during the budgeting process,
the $110 listed for a recycling program was reduced to $30 He noted that is not
sufficient monies to implement such a program.
Commissioner Goobrung then noted that Stone Container will not accept cardboard
un|maa it is in 708-pound bales; and there are no bailers locally.
The City Manager noted that the Lions' c|uh collected approximately zu /nnu of
newspaper per month estimating that a curbside program could collect 25 tons. He then
asked what market there is for that newspaper, noting that warehousing that much
newspaper would be extremely difficult. He then suggested that to implement a recycling
program which includes newspaper and glass could he ahead of the existing nmrket» avail-
able in the community.
Commissioner Gnehrung suggested that subsidizing of the program for those com-
modities could alleviate the prob/ems.
Responding to the City Manager Commissioner Gnehrong noted that Harry e||iv,
member of the committee, supports the idea of beginning the recycling program with those
items for which markets are presently available, adding new items as the markets open up.
Director of Public Service Ph/ii Forbes stated that while he recognizes Mr. E||is`s
position, some communities have had difficulty adding items to the program once it has
been initiated.
Commissioner Frost asked if, ximr* tin and cardboard can be recycled in Missou!a,
it might be beneficial for someone to haul loads of those commodities to that community.
Mayor Hawks asked if it would be beneficial for the City to purchase the equipment
necessary for recycling of cardboard.
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Commissivmar G^ehrung noted that in addition to purchasing equipment the entity
involved in such a program must have adequate warehouse space for storing recyclable
products until they are taken to a market.
Mayor Hawks stated that County Commissioner Pruitt has indicated the oamschvn
report will lead to recycling in the County; and it may be in the City's best interests to
direct some of its garbage to the Logan landfill, since it has a substantial amount or cap-
acity remaining.
Commissioner Goehrung then asked for Commission response to the ad hoc recycling
committee's listing of priorities.
The City Manager cautioned that the ad hoc recycling committee is not a balanced
committee; therefore, the Commission is getting only one side of the issue. He then en-
couraged them to consider the costs involved and to establish realistic parameters for the
program.
Director of Public Service Forbes noted that the curbside recycling program is the
"cadiUuc of all recycling programs," He also cautioned that whatever program is selected
most be in place by July 1 when the new volume-based rate schedule becomes effective.
He noted that realistically, a sate(|ite drop-off program could be implemented by July 1;
however, a curbside program would be extremely difficult to implement in that short period
of time because of the equipment and personnel needs. He suggested another alternative,
which he feels would be better, is to have a curbside recycling program that is operated
by the private sector. He noted it is imperative that whoever operates the curbside pro-
gram remain in touch with the markets and know how to best get rid of those products
which are collected.
The City Manager noted that when he was in Michigan recently, he noticed there
were dump boxes with four bins located throughout the community; and people would drive
up and dispose of their racycabfes in the appropriate bins then drive off. He suggested
that program might be a satisfactory alternative in Bozeman as well.
Recess 5:30
Mayor Hawks declared a recess at 5:30 p.m., to reconvene at 7:00 p.m. for the
purpose of conducting the scheduled public hearings.
Reconvene 7:00
Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting
the scheduled public hearings.
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Public hcari
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R. Taylor and
from AS Agriculture Suburban to 8-2 Community Highway Business, R-z Residential—
single-family, medium-density; R-o Residential--medium-density; and AS Agriculture
Subvrba", requested by Susan R. Taylor and Beatrice R. Taylor, for a 144.75-acre tract
in the West one-ha[f Southwest ono-quarter Section 75 Township l South, Range s East
and the East one-half of the East one-half, Section 26 Township | South. Range 5 East
Montana Principal Meridian. The subject property is more oommvo|v located south of Riv-
erside Country Club, cast of the Waste Water Treatment Plant and north of V.S. Highway
Mayor Hawks opened the public hearing.
Associate Planner Dave Skelton presented the staff report. He noted that the 5ub-
ject site is located along the north side of U.S. Highway io and the east side of Springhill
Road; and the off ramp for the westbound lane of the North 19th Avenue interchange is
designed to traverse the property. He then stated that the applicants have requested that
38.0 acres he rezoned from AS to B,-z 7.44 acres he rezoned from AS to R-z and 11 .66
acres be rezoned from AS to R-3. Under this application, the remainder of the 144.75-
acre tract would remain in the existing AS zoning designation.
The Planner noted that the 1990 Master Plan recognizes the North loth Avenue in-
terchange and proposes the immediate area develop as a commercial node with limited ser-
vices. The remainder of the area is proposed for low-density oiogYv-family and town-
house /condpmin/um residential ue,alopmwu, such as exists in the surrounding area.
The Planner stated that since the subject site is located more than one mile from
the city limits, this application must be considered under the 1987 zone code rather than
the interim zoning ordinance. He noted, therefore, the old process must be utilized; and
care must be taken to ensure that the application is considered under those provisions.
con-
sidered upon the merits of the requested zone map changes' not on any proposed concep-
tual master plan for development of the property. He stated that the staff reviewed this
application in light of the twelve criteria established for review of a zone map change. He
noted that as a result of that review, staff found a real concern with some of the permit-
ted uses in the o-2 zone. He noted that since no conditions can be imposed on a
zone
map change, there would
be no way to mitigate the impacts
that some of the permitted
B-2
uses might have on the
surrounding area. He stated that
staff is more comfortable
with
the uses which would be allowed under the B-1 and R-0 zones, noting that planned unit
o3-1x-91
This was the time and the place set for the public hearing on the Zone Map Change
_14-
development process can be utilized to include some uses not specifically listed as permit-
ted uses in those zones if certain conditions are met' He notad, therefore, that staff for-
warded its recommendation of changing the 8-2 to B-1 and R-O to the Planning 8oaru,
The Planner stated that following its public hearing on this application, the
City-County Planning Board voted to approve as submittod; and that motion did not carry
by the required six affirmative votes. He noted that the Board then voted on approval of
the R-2 and R-3 zonea, changing the requested B-z zoning designation to B-1 and R-0
zoning; and that motion carried with the required six affirmative votes. It is therefore,
the recommendation of the Planning Board that the alignment of the interchange be utilized
to divide the requested B-2 zoning into a B-1 and an R-0 zoning, with the R-z and R-s
zones to remain as requested.
Planner Skelton then stated that while conditions cannot be attached to a zone map
change the staff and Planning Board have attached the stipulation that the applicant must
provide a legal description of each zone described by metes and bounds within thirty days
after approval. He noted that this type of description is usually required prior to action
being taken on the zone map change; however, be suggested that in this instance, since
one of the requested zones is possibly going to be split and revised, staff determined it
would he appropriate to wait omtH after Commission action to impose that requirement. He
suggested, however, it would be appropriate to include that stipulation in any decision
that is made.
Ms. Susan Taylor, applicant, reminded the Commission that the subject site is locat-
ed in the County and is therefore, subject to County subdivision regulations. She stated
the reason they selected the B-z zoning district rather than B-7 is that gas stations and
health and exercise establishments are listed as permitted uses in the B-z while they are
not listed in the 8-1 zone. She also noted that the B-z zoning would allow flexibility for
sale of the lots and how they are developed.
Ms. Taylor stated that the residential area would be developed taxing into consid-
eration the contours of the area, She noted that five single-family homes are contemplated
in the R-2 zone; and seven three or four-unit townhouse/condominium vmta are planned
for the B-a zone.
Mr. Jerry Gaston, engineering consultant representing the appiicants, noted that
during review of this app|icatmn, concern has been expressed about the potential for strip
development along the interchange and the City's desire to avoid that potential. He as-
sured the Commission that with the "hands on approach" which the Taylors are presently
following, that problem will not occur. Ha reiterated the Taylors' reason for seeking the
B-z zone s" a gas station and health club can be constructed. He noted that many of the
8-2 uses would not be appropriate in that area, such as a car dealership; however, he
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noted that the property will also be too expensive for that type of development to, occur.
He noted that to develop the site as they want the applicants will be required to come
back through the process, and another complete set of hearings again if the property is
zoned e-/ and R-0 as recommended by the Planning staff and Planning Board.
Mr. Larry Petersen, 27383 Frontage Road stated he owns property to the snuth of
Tuvmrs^. He then stated support for the application and encouraged Commission approval.
Mayor Hawks asked if the Commission can take action on the Planning Board's rec-
ommendation for the zone map change, since the public hearing has been advertised on the
proposed change to B-2,
The Planner stated that the H-} and R-O zones recommended by the Planning staff
and the Planning Board would have less impact on the area than the requested B-2 zone;
therefore, the Commission could take action on the application without requiring any ad-
ditional advertising or public bearings.
Responding to Commissioner Frost, the Planner stated that the interim zoning or-
dinance is more restrictive than the 1987 zone code in uses allowed in the e-` and R_O
zones because many or the uses permitted in the 1987 code are conditional uses under the
new code.
Mrs. Beatrice Tay|or, applicant, stated a willingness to accept the B-1 and R-0
zones in place of the B-z zone which they had requested. She then noted that the B—/
zone would lie between U.S. Highway 10 and the interchange while the R-O would lie north
of the interchange, with a small portion of that zone lying north of Reeves Road. Mrs.
Taylor then expressed concern that the exact location of the interchange has not yet been
determined; therefore, a survey to determine the zoning lines cannot be completed within
thirty days as recommended by the Planner.
Planner Skelton suggested that the centerline of the proposed interchange could be
used as the dividing Yiur between the B-1 and R-O zones, since the width of the right-of-
way will probably absorb any revisions in location.
City Manager Wysocki entered into the record a letter from Mary Vant Hull, 416
East Story Street dated March 6 1997,
Mayor Hawks closed the public hearing.
It was moved by Commissioner Ooehrung s*rnndwu by Commissioner Frost that the
customary one-week waiting period for land use decisions be waived. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Goehrung Com-
missioner Frost Commissioner Swanson and Mayor Hawks; those voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Swanson that the
Commission approve the Zone Map Change requested by Susan K. Taylor and Beatrice R.
Taylor on a 144.75-acre tract in the west one-half, Southwest one-quarter, Section zs
oo-/u-sl
-l6,-
Township 1 South Range s East and the east one-half of the East one-half, Section m
Township l South Range o East Montana Principal Meridian, as follows. from A5 Ag-
riculture 3uhurhan, to n-z Residential--single-family, medium-density, on approximately
7.44 acres; R-a Resident ia|--meu/um-uemsity on approximately 11.66 acres; g-7 Neigh-
borhood Business, and K-O Residential Office on approximately 38.0 acres, with the
centerline of the 1-80 interchange to serve as the line between those two zones; with the
remainder of the 144'75-acre parcel to remain as AS, Agriculture Suburban/ and that the
Commission further require the applicants to provide a /agu| description describing the
metes and bounds of each district as prepared by a licensed Montana surveyor within thir-
ty days. The motion carried by the following Aye and No vote: those voting Aye bring
Commissioner Frost, Commissioner Swanson, Commissioner Coehrung and Mayor Hawks;
those voting Nn' none.
P"Wic hearing b to Sections 18.20.050, /n s0 zuo and 18 S0 7zo Dan Kamp fo
Marguerite Christensen - allow construction of a four-unit residential complex on Lot 2,
Block 1, Thompson's Fourth Addition (1514 South Tracy Avenue)
This was the time and the place set for the public hearing on the variances to
Sections 18.20.050 Yards; 78.58.100 Property Access Standards; and /O.so,|zo Parking
Requirements, as requested by Dan Kamp for Marguerite Christensen, to allow construction
of a four-unit residential complex on Lot z Block )' Thompsnn'» Fourth Addition. The
subject property is more commonly located at 1514 South Tracy Avenue.
Mayor Hawks opened the public hearing.
City Manager Wysocki submitted to the Commission a fax letter from Mr. Doug
Hnxoey developer for this prNwct, sent at 4:53 p.m. today, requesting this public hear-
ing be continued until April 1 due to illness. He then recommended that, due to the late-
ness of this submittal, the Commission np,o and conduct the public hearing for those who
are present to speak on this item.
88r. Ken Olson, 1508 South Tracy Avenue, showed the Commission some pictures of
the subject area expressing concern about the width of the roadway to the site and the
existing location of the dmmpster. He noted that the dmmpmter is located on City prpn
crty, with the City's approval, questioning where it would be located if this application is
approved. Mr. 0/son also noted that businesses are required to screen and landscape
around a uompster, questioning why this one is not being handled in the same manner.
Mr. Olson then asked if the drive is to be paved, noting it is not at the present
time. He also asked what type of drainage system would be required for a paved driveway
or s/rmot'
request-
ed.
n3-l8-91
-l7-
Associate Planner Dave Skelton briefly highlighted the variances, which include em-
crvacnmomts into the setback requirements for the front and one side yard, allow use of an
existing twenty-foot-wide access easement to South Black Avenue rather than using South
Tracy Avenue and allow one less parking space than required by the code. He then
noted that staff and the Development Review Committee have both reviewed this application
and recommended it not be approved due to the tact that no physical hardship has been
determined.
Mr. Morris Jaffe, 1311 South Black Avenue, asked about the access easement from
South Black Avenue.
Planner Skelton responded that it is a private easement of record in the Gallatin
County Clerk and Recorder's Office; and the City is not a party to that easement.
Mayor Hawks continued the public hearing to 7:00 p.m. on Monday, April T 7991.
Public hearing Conditional Use Permit SBA Partnership |! ow operati of a resta
rant/casino
Block 1, Kirk's Second Subdivision (120 North 19th Avenue)
This was the time and the pboo sot for the public hearing on the conditional use
permit requested by SBA Partnership to allow operation of a restaurant/casino serving
beer and wine and expansion of the existing structure on Lots A and A-| of Block /'
Kirk's Second Subdivision. The subject location is more commonly known as 720 North
19th Avenue.
Mayor Hawks opened the public hearing.
Mr' Jerry Gaston, engineering consultant representing the applicant, briefly hi9h-
/igh*ad the project- He reminded the Commission that the subject site is that of the for-
mer 3undaocm Saloon. He stated that the applicant proposes to pave two-thirds of the
property with new paving and provide landscaping which meets the zoning ordinance ra-
quircmento. He mntcd that u second structure has been included toward the back of the
lot in the site plan, as a Phase If development of the site. Mr. Gaston then highlighted
the natural drainage of the site noting that adequate detention ponds will be installed to
offset the paved surfaces s* that drainage from the site is on greater than in its natural
state; and a sand oil separator will be installed. He indicated that the drainage from the
site' after it passes through the detention ponds will enter into the Farmers' Canal.
Responding to Mayor Hawks, Mr. Gaston indicated that a curb and gutter is to be
installed along the perimeter of the subject site' with one driveway cut to be installed to
the adjacent property. He noted that this will limit impacts that off-site drainage onto this
site may create.
Responding to Commissioner Swoosnn, Mr. Gaston indicated that the applicant pro-
poses to move the existing landscaping in the boulevard area to the back of the lot, and
os-18-91
- 18 -
then install some mounding, low vegetation and quaking aspen. He noted that the appli-
cant does not wish to install landscaping in the boulevard along North ,stb Avenue at this
bmc rather has requested that no landscaping be required in that area until the North
19th project is in place.
Further responding to Commissioner Swanson Mr. Gaston stated that one of the
conditions recommended is that the applicant install a continuation of the hedge between
the subject site and the Gallatin Manor located immediately to the north. He noted that at
the present time that hedge does not extend across the entire property line.
Assistant Planner Debbie ArkoU presented the au*n report. She stated that under
this c^no/dnnm| use permit, the applicant proposes to completely remodel the existing
structure, and construct a 7'039_square-fout addition. She noted that the now floor plan
would accommodate a restaurant serving alcoholic beverages as an accessory use, a casino
and a micro brewery/ and there is no provision on that drawing for a band or dance floor.
The Planner stated that distribution of the beer made at the Spanish Peaks Micro Brewery
would be limited to, on-premise sale, and would not be wholesaled for distribution at other
locations. She stared that if expansion of the micro brewery activities is dos|red, a new
conditional use permit would he required.
The Planner briefly highlighted the history of the subject structure, noting it was
originally built in 197* as a billiards par(or, then was converted to a tavern a teen center
and once again a tavern. She noted the surrounding uses are commercial to the south,
east and west, and residential to the north'
Planner Ar4e/| stated that staff reviewed this application under the six criteria es-
tablished for review of conditional use permits; and the Development Review Committee and
the Design Review a"wro also conducted their rev/mms. She briefly highlighted the find-
ings of the staff review, as well as the actions of the advisory bodies.
The Planner noted that attached to the staff report is e fetter from Larry Smith
Administrator of the Gallatin Manor, expressing concern about hmv|oQ another business
serving alcohol being allowed to open next to a residential comp/ox. She suggested that
in light of that concern, the Commission may wish to limit the hours of operation of the
restaurant, so that it does not become a 24-hour-a-day activity.
Planner Arke|[ stated that a deviation to one section of the cod* will be necessary
for approval of this application as submitted. She noted that a 6-inch by 6-inch curb is
required along the perimeter of the subject site; and a deviation will be necessary to allow
the curb cut to Pet Connc||'o property immediately to the south.
The Planner stated that the level of odor emitted from the facility may not extend
more than oo feet beyond the property line, noting that if that occurs, the applicant must
address it. She also noted that the noise levels created by the restaurant/casino should
o»-1u-91
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not exceed acceptable levels.
Planner Arhe|| stated that since the subject site is located within the North 19tb
Avenue entryway overlay, the Design Review Board reviewed this application in ensure
conformance with the street landscaping requirements. She noted that the Board has in-
dicated approval of the plan, and has concurred in the proposed deviation to not require
the installation of landscaping in the street median at this time. She stated this is due to
the fact that interchange demonstration funds have been earmarked for landscaping from
the interchange to West Nbio Street; and it is better for the entire project to be developed
at voce rather than on a piecemeal basis.
The Planner showed the Commission e drawing of the sign which is proposed for
this site noting it is a 9-foot by 6-foot sign which meets the uiOu requirements of the in-
terim zoning ordinance.
Commissioner Frost asked questions about the height of the berming proposed as
well as the size of the quaking aspens to be installed and whether they are considered
large trees. He also asked if the landscaping proposed will meet code requirements. The
Commissioner further noted that the dumpster enclosure, which is located at the front of
the structure, is open on the west aide which makes it visible from North 19th Avenue, a
situation he finds totally unacceptabka. He suggested that the enclosure should be moved
to the back of the site, and should be enclosed so it is not visible from streets or sur-
rounding developments.
Responding to Commissioner Frost Planner Arke|| stated that the security lighting
for the site is to be shown on the final site plan; and it must be compatible with sur-
rounding uses. She noted that under the zoning regu|auons, the security lighting provid-
ed on this site may not encroach upon adjacent properties,
Mr. Cmstpn indicated that the lighting will be small, low-profile lighting in the
parking |o1 only; and the lights will be hooded so that they shine down.
Commissioner Frost expressed concern that this s"hmitta( is not complete, noting he
does not fcc/ that he can take action on this application until the questions he has raised
have been adequately answered.
City Manager Wysocki reminded the Commission that they can take action on this
application, with conditions, to adequately address their concerns. He noted that staff
would then ensure that those conditions and concerns are met prior to approval of the fi-
nal site plan.
Responding to Commissioner Frost the Planner stated that the berming along North
19th Avenue will probably not be four feet high, noting that sight triangle requirements
must be carefully considered in the landscaping plan. She then noted that once the fine/
site plan has been prepared' the mRB will once again review the plan to euaon* that the
oa-10-y1
-2o-
design requirements of the entryway have been met.
Responding to Commissioner 5wamaun Planner ArkmH stated that the Directors for
Farmers' Canal have indicated they will accept no more discharge into the canal. She not-
ed, however, that this is an existing situation; and this proposed development will not
create additional discharge.
Mr. Jerry Gaston stated that at the present time, on-site drainage is to the north-
west corner of the site and into Farmers' Canal. He stated that under this application,
the detention pond would help to create an oven flow into the cana/, after it goes through
a natural cleansing process.
Mayor Hawks asked about the issue of required fire sprinkling in structures of
more than s square fwut, asking if that has been resolved.
Planner Arkek stated that the Uniform Building Code requires that any structures
over 5 square feet be sprinkled, unless an acceptable one-hour fire wnV which totally
separates one portion of the structure from another is installed, and neither portion ex-
ceeds 5 square feet. She stated that the Fire Marshal has expressed concern that the
applicant is attempting to avoid installing a sprinkler system by installing a fire wall; how-
ever, she noted that is an allowable option under the rode.
Commissioner Cnchrung noted that earlier in this meeting, the Commission discussed
the issue of a restaurant converting to a casino and asked' if that discussion impacts this
issue.
The City Manager reminded the Commission that the previous discussion was on a
change of use. He noted that this application is for a combination of those activities;
therefore, it should be considered on its own merits rather than in light of that previous
discussion.
Commissioner Swanson asked if the condition recommended in the memo of March 13
should he added to provide emphasis in the area of sprinkling; the Planner responded in
the affirmative.
Responding to Commissioner Swanson, the Planner stated that the use of the
proposed second structure on the site has not yet been determined. She noted that the
building was shown on the site plan to indicate that the site cou|d accommodate a building
of this size and provide the adequate amount of parking and landscaping.
Commissioner Swanson asked if it would be appropriate to add a condition which
would not a||nn live music and dancing on the site.
Mr. Gaston indicated that would be an acceptable condition, if the Commission so
desires.
Mr. Gaston then stated that the conditions, as outlined by Planner Arhe!l are ac-
ceptable to the applicant. He noted that many of the concerns which have been raised by
U]-18-B1
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the Commissioners have already been discussed, and those changes will be reflected on the
final site plan. He noted that in the past' he has been criticized for making changes in
the drawings between public hearings; therefore, he has hesitated to make any changes on
these drawings until the public hearing process has been completed. He noted that issues
such as the trash enclosure, landscaping and fighting will be carefully addressed in the
final site plan and will meet those concerns which have been raised.
Mr. Bob Davis, 6284 Davis Lane, stated that he forms the land south of the inter-
stato. He noted that the Farmers' Company has said "on" to more discharge into
their canal for e reaaon. He stated that he met with Mr. Jerry Gaston and Director of
Public Service phU| Forbes two weeks ago, and made it plain at that time that they did not
want any more water in that cana|. He suggested that the City is illegally dumping water
into the canal at this time; and that is creating problems for those using the canal.
Mayor Hawks asked if there are any formal agreements concerning the dumping of
water into the canal at this time.
Mr. Davis responded that there is an agreement for tubing of the canal, but there
is no agreement for allowing the dumping of water into the canal. He noted that any
action taken on this issue was during former City Manager Owskn's tenure.
Commissioner Swanson stated that Condition Nn. 4 refers to the dumping of "addi-
tional storm water run-off;" and the applicant's representative has indicated that this use
will not create any more discharge than in the past. He then asked if the Farmers' Canal
position is that no water run-off will he accepted from this site.
Mr. Davis noted that the subject site is located in a low spot along North 19th Ave-
nue, which causes drainage from the entire area to move to that site. He then stated
that, while he cannot answer for the entire Bvard, he does not feel any water should be
allowed to discharge into the canal. He noted that he lost his crop a few years ago be-
cause of something in the water; however, the damaging agent could not be pinpointed.
City Manager Wysocki stated that several days ago, he had asked Mr. Davis if
there is anything the City could do to alleviate his concerns. He then asked Mr. Davis if
he has any suggestions at this time; Mr, Davis responded he does riot.
Mr. Jerry Gaston stated he met with Mr. Bob Davis and Mr. Dave Norton repre-
senting the Farmers' Canal, and he was told that the last use of the canal is upstream
from the corner of South lo,h Avenue and West CpU=go Street, He noted that the highway
plans for North 19th Avenue show inlets from West Main Street to Dursmon Road, as well as
some on Durston Rued, He noted that the inlets have been in place for quite some time;
and that drainage system is necessary for the entire area. He then reiterated that under
this application, run-off from the site into the canal will be controlled and will be cleansed
through the detention pond process.
83-lg-o1
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Mr. Davis stated that a resident along Blackmore Place has requested permiss,inn to
install o culvert from his back yard to the Farmers Canal to drain that area; and the Ca-
nal Company has denied that request. He them stated that while the legal end of the canal
is at North 19th Avenue and West Oak Street, it them becomes u live stream from which
farmers garner irrigation water.
Mayor Hawks dosed the public hearing.
Mayor Hawks stated it is his hope that the City will endeavor to clean up the water
that runs off any site into a live stream, and that such efforts will be of high priority.
He noted there appears to be some serious concern about the run-off from this low spot
along North 19th Avenue that should probably be addressed.
Commissioner Swanson suggested that the Commission may need some legal advice on
Condition No. 4 and the relationship of the Farmers' Canal to this property. He stated
appreciation for Mr. Gmstom's presentation on this issue and the filtration system that is to
he |nuta||*d noting that cleaning up of the run-off is an important hactor.
City Attorney Becker indicated he is not prepared to address that issue at this
tine; however, he will be prepared to respond at next week's meeting.
Responding to Mayor Hawks, the Qty Manager indicated therm are no discharge
permits required for discharging water into the Farmers' Canal.
Commissioner Swanson suggested it miay he helpful for staff to meet with Mr- Gaston
and the Farmers' Canal Company during the upcoming week to determine if there is some
common ground. He noted this could be helpful in the Commission's deliberation process at
next week's meeting.
Commissioner Swanson then asked if the proposed condition in the March 13 agenda
should he considered as Condition mn, zx and whether o new condition pertaining to live
music and dancing should be added.
The City Manager suggested that a condition could be added which would prohibit
amplified music, noting that could possibly address the concerns which have been voiced
by the manager of the residential complex immediately adjacent to this site.
Mayor Hawks announced that a decision will be forthcoming at next week's meeting'
Public hearing Conditional Use Permit United B i|d/n Center allow expansion of out-
side lumber storage and non-structural expansion/ remodphno_ of _existing retail sales area -
Lots 10-19 & W-.,' Lot 2R, Block E, Rouse First Addition (501 East Main StreetJ
This was the time and the place set for the public hearing on the conditional use
permit requested by United Building Center to allow expansion of outside lumber storage
and non-structural expansion/ remodeling of existing retail sales area located on Lots 10
through 19 and the West one-half of Lot Zo, Block E Rous*'o First Addition. The subject
location, is more commonly known as sol East Maio Street.
o3-1n-B1
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Mayor Hawks opened the public hearing,
Assistant Planner Debbie &rkeU presented the staff report. She stated that under
this conditional use permit, the applicant proposes to expand the outside /mnhmr storage
area located along East Mendenhall Street, as well as remodel the interior and expand the
rouviy sales area. She stated that also involved in the application is the removal of some of
the existing sigoago including a 6-foot by 8-foot two-sided shingle sign' a 6-foot by
12-hoot bulletin board sign and a 12-foot by 12-h/vt facade sign; and the installation of a
new 8-hm�t by 8-foot facade sign on the west side of the structure to replace those. She
noted that sign' coupled with the 4-foot by 8-foot sign on the east facade, which will re-
main, will decrease the s/gna8e from 296 square feet to 760 square feet; and o maximum of
zsn square feet is a|/owed. The Planner stated that parking is to be provided in the area
between North Church Avenue and the hvi/ding, and the configuration of that parking lot
requires a deviation to the parking aisle width requirements.
Planner Arwe|| stated that the subject site has been used as u lumber facility since
1904. She noted that this proposed expansion must be the subject of u conditional use
permit, since building material safes are listed as a conditional use in the B-3 Central
Business, District. She further noted that the subject property is located within the
Neighborhood Conservation Overlay District and is therefore, subject to that review as
*u||. She then highlighted the surrounding uses, noting they are commercial to the
south, east and west and residential to the north.
Planner Arko/| stated that this proposed expansion includes a nine- to ten-foot
landscaped strip, including street trees' along east Mpndpnoa|f Street, which will minimize
the impact this outside storage has on the residential properties across the street. She
stated there is currently a six-foot chain [iok fence along the property line; and that
fence is to be moved back to the edge of the existing storage shed to provide for the
landscaped strip.
The Planner stated that while it is not feasible to require landscaping along the
East Main Street and North Church Avenue frontages because this is an existing feci[ity
the applicant does propose to install some planters ago/nut the building along the Main
Street s/ue, as well as a landscaped area along the southwest corner of the building and
the planting of a street tree near the east end of the site.
Planner Arko|| then stated that the staff rcv/c*rd this application in light of the
»|x criteria sat forth for review of conditional use permits. She then highlighted those
findings, as well as the sixteen conditions recommended by the City-County Planning
Board which address the concerns generated by that review. She noted that three de-
viations must be addressed prior to taking action on this conditional use Permit since the
Commission's action on those deviations may impact the recommended conditions.
o3-rn-y)
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Assistant Manner Debbie ArkeU then reviewed the three deviations being requested
in conjunction with this conditional use permit, as follows: (l) frvm Section
78.52.120.B'I. to reduce the required width of one-way driving aisle from /a feet 1v 10
feet; (z) from 3octkm 78.32.050 to reduce the required front yard setback on East
Mendenhall Street from 15 feet to 11 feet; and (3) from Section 18.50.070.A. to allow u
six-foot-high fence in the East Mendenhall Street front yard setback, which exceeds the
four-foot maximum height !imitation,
Planner Arke|/ stated that the requested 10-foot driving aisle, with the parking lot
configuration propnsnd, is the same as that at Kenyon-Noble Lumber Company; and that
parking lot seems to work *oU. She noted that some type of curb stops will be required
along the North Church Avenue property line, adjacent to the sidewalk, to ensure twa�t ve-
hiides backing out or parking spaces do not threaten the safety of pedestrians using the
sidewalk. The Planner then stated that the existing storage building at the corner of East
Mendenhall Street and North Church Avenue is located ten feet from the property line
along Mendenhall; therefore, the proposed 11-foot setback is appropriate, she further
nn�ted that under this application, the relocation of the fence and installation of bndscap-
imO will enhance the site and will help to ensure the eight triangle. She noted the third
deviation provides for maintaining the mix-foot-high security fence, which is needed for
this type of operation; and moving it hack nine feet from the property line will be an im-
provement, particularly with the landscaping to be installed in conjunction with that relo-
cation.
Commissioner Frost asked if there is any height requirement for the screening to be
provided along East Mendenhall Street.
The Planner stated that n four-foot to six-foot hedge is proposed, noting that most
of it will probably be four feet high. She noted that the Design Review Board has re-
quested an opportunity to review the final site plan bw[nrw it is approved to ensure that
the landscaping meets its requirements.
Commissioner Frost noted that the landscaping along East Mendenhall Street has
been adequately addressed; four street trees are to be planted along North Church Ave-
nue, which seems adequate; however, only one street tree is proposed along East Main
Street. He then suggested a second street tree be required along East Main Street.
Planner Arke|| stated that the Design Review Board felt that the landscaping plan,
as submitted to the Commission, was adequate. She then noted that the landscaped area
along the southwest corner of the building will be readily visible from Main Street. She
further noted that the sight triangles for both the intersection and the driveway into the
building must be carefully protected. She measured the distances on the site plan, noting
that " second tree could possibly be installed without interfering with the sight triangle
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for the driveway, howcver, she noted it would be in front or the door for The retail sales
portion of the building,
Commissioner Frost reiterated his interest in requiring more trees along the East
Main Street frontage of this 9rc4rct'
Mr. Jeffrey McBride, Manager of United Building Center, stated a willingness to
accept the conditions as recommended by the Planning staff and the City-County Planning
Board. He also requested that the deviations, as outlined by Planner ArkuO above, be
approved. He reminded the Commission that since East Main Street is an arterial, the
sight triangle requirements are extended to 55 feet. He also stated on interest in having
an area along the East Main Street side adjacent to the building and possibly in the land-
scaped corner area, for some type of uisp|ays.
Responding to Commissioner Swanson Mr. McBride stated that three trees are to be
planted in the landscaped area at the corner of the building; and care will be taken to en-
sure that they do not encroach into any of the sight triangles,
Mayor Hawks closed the public hearing.
It was moved by Commissioner Swanson, seconded by Commissioner GochrumQ that
the Commission waive the customary one-week waiting period for land use decisions. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Swanson Commissioner Cpehrung Commissioner Front and Mayor Hawks, those voting No'
none.
Commissioner Frost reminded the Commissioners of the walking tour they had taken
of East Main Street, and the expressed desire at that time to continue the tree-fined
utroa«scapa that is beginning to surface in the downtown area'
Commissioner Swanson stated he feels the plan as proposed, including just one
street tree on East Main Street is appropriate. He noted that the landscape island at the
corner of the building will help to provide the desired overall appearance, without imped-
ing business. He expressed concern that to add another tree could make it more difficult
for the applicant to conduct his business. The Commissioner then stated that he feels this
application will produce Substantially improved site.
Commissioner Frost stated that while he agrees, that this application will enhance the
site immensely, he feels another street tree mbou|o be required along Maio Strvet,
Mayor Hawks stated support for the application as submitted, noting he feels that
the proposed landscaping is adequate. He then suggested that planting of street trees in
front of properties further to the east will help to create the overall appearance that is
des/red by the Commission, and will help to extend the appearance of the downtown area
further to the east.
It was moved by Commissioner GvwhrunS seconded by Commissioner Frost, that the
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Street recommended by the Design Review 8nanu as follows
1. From Section 18.52.720.B.I. to reduce the required width of a
one-way driving aisle from 15 feet to 11 feet in the North Church A,-
em"e parking lot;
z. From 3wctkm 18.32.050 to reduce the required front yard setback on
East Mendenhall Street from 15 feet to 10 feet; and
3. From Section 18.50-070-A' to allow a six-foot-high fence in the East
Mendenhall Street front yard setback which exceeds the four-foot
maximum height requirement for fences in a front yard, as needed for
security reasons/
and further approve the Conditional Use Permit requested by United 8ux/u/og Center to
allow expansion of outside lumber storage and non-structural expansion/ remodeling of ex-
isting retail sales area located on Lots ,n through 19 and the West one-half of Lot 20
Block E R*usa'a First Addition, subject to the following conu/dpno, as recommended by
the City-County Planning Board:
I . That all intersection and access sight triangles must be shown on the
final site plan and no vision obstructions over 30 inches high may be
shown on those areas;
2. That adequate snow removal areas he designated on the final site plan
or a long-term agreement be entered into prior to final site plan ap-
proval by the applicant that snow will be stored off-site or hauled
away/
n' That a detail of all now exterior lights shall be shown on the final
site plan;
4. That appropriate signing be located at all ono-way traffic entrances
and exits and that the location and type be approved by the City En-
gineer prior to final site plan approval;
5. That a 9- to 10-foot setback on East Mendenhall Street be provided
d improved with groundcover and vegetative screening; the /and
scape plan for the entire site be completed by a licensed landscape
architect or Montana nurseryman; an irrigation system for all land-
scaped areas be shown on the final site plan; and that a storm drain-
age detention area, a approved by the City Engineering Office, be
provided along the East Mendenhall Street setback in front of the ex-
panded lumber storage area. These requirements must be completed
and shown on the final site plan prior to final site plan approval;
s. That the tree species and method of planting (/,a. root barrier)
must be approved by the Superintendent of Parks prior to final site
plan approval;
7. That the nn-street handicap parking space be provided on-site, or if
an on-street space is pursued, that an application must be made
through the Street Superintendent;
8. That the final parking lot layout (i.e., property fine curb stops)
must be approved by the Qty Engineer prior to final site plan ap-
proval;
9. That e sign permit be obtained for the new signs prior to installation
of the signs;
10^ That the right to a use and occupancy permit shall be contingent up-
on the fulfillment of all genera[ and special conditions imposed by the
Conditional Use Permit procedure,
11. That all of the special conditions shall constitute restrictions running
with the land use and shall he binding upon the owner of the [and
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lz. That all conditions specifically stated under any conditional use listed
in the zoning ordinance shall apply and be adhered' to by the owner
of the land, successors or assigns;
lo. That all of the special conditions shall be consented to in writing by
the applicant;
14. That three copies of the final site plan, containing all of the con-
ditions, cnrnanhono and modifications approved by the City Commis-
sion' shall be submitted for review and approved by the Planning Di-
rector within six months of the date of City Commission approval.
One signed copy shall be nau,/nnd by the Planning Department, one
signed copy shall be retained by the Building Department and one
signed copy shall be retained by the applicant;
is, That a building permit must be obtained within one year of final site
plan approval. Building permits will not be issued until the Mno| site
plan is approved;
/o. That if improvements are not installed prior to final site plan ap-
proval, thic applicant shall enter into an improvements agreement with
the City. Detailed cost estimates, construction plans, and methods of
security shall be made a part of that agreement; and
17. That if occupancy of the structure or commencement of the use is to
occur prior to the installation of improvements, the 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
!esg than twelve months; however, all on-site improvements shall be
completed by the applicant within nine 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 Commission-
er Goehrung, Commissioner Swanson and Mayor Hawks; those voting No being Commissioner
Frost.
Adjournment - 9:10 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad-
journed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost Commissioner Swenson Commissioner Cnnhrung and Mayor Hawks;
those voting No, none.
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