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HomeMy WebLinkAbout1991-09-16 Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 16, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 16, 1991 , at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Hawks deferred action on the minutes of the regular meetings of August 19, August 26 and September 3, 1991 for a period of one week. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the minutes of the regular meeting of September 9, 1991 , as submit- ted. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Ordinance No. 1333 - Zone Map Change - R-3A to R-O - Tract 30, located in the NEB, SW4, Section 12, T2S, RSE, MPM (1102 West Babcock Street City Manager Wysocki presented Ordinance No. 1333, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1333 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-3A" (RESIDENTIAL--TWO-FAMILY, MEDIUM-DENSITY) DISTRICT TO AN "R-0" (RESIDENTIAL--OFFICE) DISTRICT ON PROPERTY IDENTIFIED AS BEING TRACT 30, LOCATED IN THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. The City Manager reminded the Commission that the public hearing was held at the regular meeting of September 3, followed by Commission action to approve this requested zone map change. He noted that this ordinance effects that change, and recommended that it be provisionally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission provisionally adopt Ordinance No. 1333, amending the zoning designation from R-3A to R-0 on the tract commonly known as 1102 West Babcock Street, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye 09-16-91 - 2 - and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Knapp and Commissioner Goehrung; those voting No, none. Mayor Hawks abstain- ed. Ordinance No. 1334 - adopting regulations in compliance with the Montana Floodplain and Floodway Management Act City Manager Wysocki presented Ordinance No. 1334, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1334 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING REGULATIONS IN COMPLIANCE WITH THE MONTANA FLOODPLAIN AND FLOODWAY MANAGEMENT ACT. The City Manager recommended that this ordinance be provisionally adopted, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1334, adopting regulations in compliance with the Montana Floodplain and Floodway Management Act, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1 ) Memo from Ralph Johnson, dated September 10, regarding the draft guide- lines for the entryway corridor design objectives. (2) Information sheet on the motel reservations in Missoula for the League Con- vention next week. (3) Notice of the Pedestrian/Traffic Safety Committee meeting scheduled for 5:00 p.m. , on Tuesday, September 24, at the City Shops. (4) Memo to the Gallatin County Prevention Coalition Partners from Joye Kohl and Bill Carpenter, along with a copy of the minutes from their meeting of September 3, 1991 , and other information. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 17. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, September 17. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. 09-16-91 3 - on Tuesday, September 17. (8) Letter from Mayor Kemmis' office regarding the joint meeting to be held at 7:30 a.m. on Thursday, September 19, in Missoula. (9) Agenda for the County Commission meeting to be held on Tuesday, Septem- ber 17, along with copies of the daily minutes for the Commissioners for the weeks of Au- gust 26 and September 2, 1991 . (10) The City Manager submitted his weekly report, as follows. (1) The City At- torney selection committee met at 2:00 p.m. today. (2) Met with representatives of MPEA twice last week to work on contract development. (3) Attended the groundbreaking cer- emonies for the Habitat for Humanity at the corner of West Peach Street and North Grand Avenue on Friday. (4) Noted that parts are on order for the hydraulic system on the ladder truck for the Fire Department. (5) Noted the Hyalite Dam project is progressing, suggesting that the Commissioners may wish to view the site before the snow gets too deep. He stated they are beginning to build the dam up, as well as address the safety problems. (6) Announced that the auditors arrived today, to begin work on the audit for Fiscal Year 1991 . (7) He and members of staff met with City Judge McKenna last week to discuss the Court operations and conversion to the court computer system which is being purchased through a grant from the State. (8) The number of DUI arrests were down from 9 a week ago to 4 this past week. (9) The personnel in the Police Department have rotated; therefore, there are new faces on the street. (10) Announced that the City has received an additional $750,000 in demonstration project monies for the 1-90 interchange. He noted that 15 percent was held back last year; and a re-application was submitted. (11 ) Noted that $1 .5 million has been appropriated for addressing safety issues at the Belgrade 1-90 interchange. (12) Announced that Steve Cottrell will serve as Acting City Manager on Wednesday, Thursday and Friday, since Assistant Brey will be in Missoula at the League meeting. (11 ) Commissioner Swanson submitted the following. (1 ) Began circulating the latest two newsletters from the City of Great Falls, asking the Commissioners to note their comments about what they do and don't like at the bottom of the letter. (2) Stated that he has not yet selected a project for his presentation at Berkley, encouraging Commission- er input during this upcoming week. (3) Indicated he will not be able to attend the Board of Directors meeting for GDC at noon on Wednesday, and asked one of the other Commis- sioners to attend in his place; the Mayor responded he would attend. (4) Stated he has asked the City Manager to tentatively schedule the agriculture report for the September 30 agenda. (5) Noted that GDC will host a work session with Mr. Daines and several others regarding his comments on the PUD process. He noted that, hopefully, this session will result in some streamlining of the process. (6) Announced that the Performing Arts 09-16-91 - 4 - Center Board has scheduled a meeting for September 26, and will be sending invitations to each of the Commissioners. (12) Commissioner Knapp stated she has spent this past week preparing for the recognition of volunteers on Sunday. She showed the Commissioners the pins which have been prepared for this event, noting that she will finalize plans during this upcoming week. (13) Mayor Hawks stated that he attended the Board of Health meeting last week. He then noted that he will be forwarding a memo to the County Commission, as a result of losing the Chief Sanitarian. The Mayor stated that the next meeting of the Board is scheduled for 7:00 a.m. on Tuesday, October 8, and asked Commissioner Swanson to at- tend that meeting also, since he will be the City's representative beginning in January. (14) Mayor Hawks then submitted the following. (1 ) Attended the groundbreak- ing for the Habitat for Humanity on Friday. He noted it was a delightful ceremony, with the Sauerkraut Band providing the music. (2) Following that groundbreaking, he gave a welcome to the Montana Conference for Head Injuries at the Holiday Inn. (15) City Attorney Becker stated that an alcohol sting was undertaken this past weekend, with 29 citations being issued in the City and the County. He noted this is the first weekend of the sting operation; and citations were issued to individuals under 21 as well as several businesses. Commissioner Goehrung asked how this will affect the liquor licenses for those establishments. The City Attorney responded that the State is responsible for any action that may be taken; and that may include reprimand, suspension or revocation. (16) Mayor Hawks asked if it will be possible for the City Commissioners to rotate on one registration for the "Your Home Town" conference, scheduled to begin on Septem- ber 29. The City Manager stated he has not pursued that question. He then noted that Assistant to the City Manager Brey will be attending the entire conference. (17) Mayor Hawks asked if anyone from the City will be attending the MPC licens- ing hearing scheduled for tomorrow; the City Manager responded the City will be repre- sented. Consent Items The City Manager presented to the Commission the following Consent Items. Deviation from Section 18.50.050.F.2. , to allow construction of two-story garage on rear lot line, to replace existing structure, in the Bon Ton Preservation District - Douglas Hoxsey, 601 South Grand Avenue; per DRB recommendations - Certificate of Appropriateness 09-16-91 - 5 - Proclamation - "National Alcohol and Drug Treatment Month" - September 1991 Acknowledge receipt of petition from residents along Morrow Street re installation of sidewalks; refer to staff Ratify City Manager's signature - professional services contract for close-out of Lattice and CVR Oak CDBG projects Ratify Mayor's signature - Project Progress Report/Close-out request for Lattice CDBG project Authorize City Manager to sign - Pipeline Permit Agreement with Montana Rail Link - sanitary sewer line Claims It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as presented, and authorize and direct the ap- propriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Executive Session re litigation City Attorney Becker requested that the Mayor exercise his option, under Section 2-3-203(4) , Montana Code Annotated, and the attorney/client privilege, to close the meet- ing and enter into an executive session for the purposes of discussing the issues sur- rounding the recent Court decision and award in the case of Mark Story Construction ver- sus the City of Bozeman. Mayor Hawks asked if the Commissioners are supportive of this request; they re- sponded in the affirmative. Mr. Al Knauber, reporter for the Bozeman Daily Chronicle, stated his objections to closure of the meeting, noting that the public interests would be better served by having the meeting remain open. At 3 :50 p.m. , after determination that public discussion of a litigation strategy would have a detrimental effect on the City's litigation position, Mayor Hawks called an ex- ecutive session for the purpose of conducting discussion on issues surrounding the recent award in the case of Mark Story Construction versus the City of Bozeman, and requested that all persons except the Commissioners, City Manager, City Attorney and Clerk of the Commission leave the room. At 4:30 p.m. , Mayor Hawks closed the executive session and re-opened the regular meeting. Recess - 4:30 p.m. Mayor Hawks declared a recess at 4:30 p.m. , to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. 09-16-91 - 6 - Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m, for the purpose of conducting the scheduled public hearing. Public hearing - Conditional Use Permit - Glenn McCloy and Jack Allen - allow construction o three residential duplex units, each on individual lots in R-O zone - Lots 1 , 2 and 3, Block 12, Annie Subdivision (704, 712 and 724 North 22nd Avenue This was the time and place set for the public hearing on a Conditional Use Permit requested by Glenn McCloy and Jack Allen, to allow construction of three residential du- plex units, each on individual lots in an R-O, Residential--Office, zone, on Lots 1 , 2 and 3, Block 12, Annie Subdivision. The subject location is more commonly known as 704, 712 and 724 North 22nd Avenue. Mayor Hawks opened the public hearing. Assistant Planner Debbie Arkell presented the staff report. She stated that under the use lists for the R-O, Residential--Office, zoning district, multi-family dwellings are listed as a conditional use. She then noted that all three of the proposed buildings comply with all of the required setbacks in the R-O zone. Planner Arkell stated that the subject lots are located in Phase I of the Annie Sub- division. The subject lots are located along the east side of North 22nd Avenue, north of its intersection with Durston Road and immediately north of the Fellowship Baptist Church site. The Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and found it to be in compliance. She noted that, typically, single-family and duplex units are excluded from the landscaping requirements of the zone code. She stated in this instance, however, a condition has been included to require landscaping of the street boulevards along North 22nd Avenue and Charlotte Street. Planner Arkell stated that the City-County Planning Board considered this applica- tion as a part of the consent agenda at their September 4 meeting, since the applicant has agreed to the eight conditions recommended in the staff report; and voted to recommend approval. Planner Debbie Arkell stated that Mr. Ben Tintinger is the applicant's representa- tive. She noted that he had a midget football game this evening; therefore, he may be slightly late for this hearing. She then stated that he has once again indicated the ap- plicant's willingness to accept the conditions as recommended. No one was present to speak in support of or in opposition to the requested Con- ditional Use Permit. Mayor Hawks closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the 09-16-91 - 7 - Commission waive the customary one-week waiting period for land use decisions. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Commissioner Swanson asked if the R-0 zoning designation in this area is appro- priate, or if another zone may be more appropriate in light of the development patterns. Planner Arkell responded that when the subject area was originally zoned R-O, the regulations for that zone allowed for development of residential units as well as profes- sional offices. She noted that this R-0 zone buffers the B-1 zone along the intersection of North 19th Avenue and Durston Road from the R-4, high-density residential, zone for the remainder of the subdivision. She stated that, from that standpoint, she feels that the R-0 zone does provide a good buffer. Mayor Hawks noted that the intent statement of the R-0 zone under the new zone code places strong emphasis on office development, with residential being a secondary type of use. He noted that statement is so strong, that at one point, the staff contemplated the possibility of designating it as an 110-R" rather than an "R-O" zone. He also noted that this zone is a good buffering type of zoning designation, and seems appropriate. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the Conditional Use Permit requested by Glenn McCloy and Jack Allen, under Application No. Z-9199, to allow construction of three residential duplex units, each on individual lots in an R-0 zone, on Lots 1 , 2 and 3 of Block 12, Annie Subdivision, subject to the following conditions: 1 . That the applicant obtain the required approach/curb cut permits from the City Engineer's Office prior to construction; 2. That the final site plan show the correct location of the water and sewer lines within North 22nd Avenue, indicating that the sewer stubs are six (6) inches. The water stubs must be extended as ei- ther one-inch or one and one-half-inch lines, as the City does not use one and one-quarter-inch lines, which is the size of the current water stubs; 3. That street boulevard landscaping and trees be planted within the ad- joining boulevards of North 22nd Avenue and Charlotte Street, per Section 18.50.100.D.5.d. of the July 2, 1990 Interim Zone Code, and that said improvements be shown on the final site plan. The Street Superintendent shall approve the selected species of boulevard trees prior to final site plan approval; 4. That the final site plan indicate the correct name of Charlotte Street (not Poole Drive) ; 5. 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 Planning, Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments, and one signed copy shall be retained by the applicant; 6. The applicant shall enter into an Improvements Agreement with the 09-16-91 - 8 - City to guarantee the installation of required improvements at the time of final site plan submittal (i.e. , boulevard landscaping) . Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement; 7. A building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a building permit is issued; and 8. If occupancy of the structure(s) 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 com- pleted 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 Commission- er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Executive Session re litigation (continued) It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize and direct the City Attorney to explore the plaintiff's proposal to the parties involved in the case Story versus the City to enter into non-binding arbitration in an attempt to resolve the case, without waiving any legal remedies. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Adjournment - 7:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. 09-16-91