HomeMy WebLinkAbout1990-06-04
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
June 4, 1990
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, June 4, 1990, at 3:30 p.m. Present were Mayor Hawks, Com-
missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City
Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Woods.
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 - May 29, 1990
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
minutes for the regular meeting of May 29, 1990 be approved as submitted. T he mot ion
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.
Discussion - various CNFR activities and Commissioner attendance
City Manager Wysocki reminded the Commission of the upcoming College National
Finals Rodeo activities and asked which Commissioners would be attending the various func-
tions. Following a brief discussion, highlighting of the upcoming events and an accounting
of those Commissioners who would be attending, Mayor Hawks asked if there were any
public comments from the audience.
Dr. Dean Center, 909 South Third Avenue, Vice-President and Public Information
Officer of the Montana Academy of Family Physicians, submitted to the Commission a writ-
ten statement of opposition. He then stated that he had seen mention in the local newspa-
per that the key to the City is being given to U.S. Tobacco Company to honor the com-
pany's scholarship donations and support of the College National Finals Rodeo.
Dr. Center commented that he feels it is inappropriate and that giving of the City
key should be reserved for honoring heroes, not corporations. He stated in his objection
that if the City provides the key in this instance, it would be promoting the use of tobac-
co, which he sees as the most destructive of addictive drugs, contributing to many prema-
ture deaths every year.
Dr. Center stated that he likes the rodeo and wants it back, noting this community
and area have much to offer rodeo participants and spectators. He then stated that he
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does not believe giving the key to the City to the company will provide any additional en-
couragement.
Mr. Dewey Hahlbohm, 3010 Secor Avenue, member of the Board of Directors of the
American Lung Association of Montana, expressed his concern about giving of the key to a
tobacco company in light of the potential health hazards and addictiveness of smokeless
tobacco. He feels that giving the key to the City to the company indicates support of
their activities .
Mr. Gordon Clark, Four Corners, CNFR Manager, stated that the idea was not to
honor chewing tobacco, but to honor the people who have provided over a quarter of a
million dollars in scholarships to the young people of Montana. He pointed out that the
company takes precautions to see that those under 21 years of age are not provided with
the smokeless tobacco at their exhibition booths. Mr. Clark further noted that U.S. To-
bacco has been one of the largest supporters of college rodeo and that many of these
young athletes would not be able to get a college education without the scholarships pro-
vided each year by this company.
Mr. Clark stated the intent of the request was to recognize the good things that
the company has done through its scholarship contributions. He then noted that a copy of
the proposed proclamation has been forwarded to Copenhagen/Skoal for review and ap-
proval.
Ms. Carole Crowell, 404 Bonner Lane, an oncology-certified nurse and member of
the State Board of the American Cancer Society, voiced her opposition by noting her per-
sonal witnessing of oral cancer related to chewing tobacco. Ms. Crowell indicated that last
year she conducted an informal survey, noting that the percentage of local students who
chew smokeless tobacco is greater than the reported national average.
Robert McKenzie, 17 Trails End Court, physician with Montana State University.s
Wellness Program, stated opposition to giving a key to the City to the company, noting it
could be construed as support for use of smokeless tobacco. He did, however, encourage
the Commission to present the key to the City to the College National Finals Rodeo.
Tom Shea, lOSE Gallatin Drive, President of the Bozeman Area Chamber of Com-
merce, stated support for presenting the key to the City to the company, noting he feels
it is appropriate to recognize their contributions to the rodeo.
Jack Day, 3062 Sourdough Road, local businessman, stated support for keeping the
rodeo in Bozeman. He noted this is a big year, since rodeo scholarships awarded by
Copenhagen/Skoal will exceed the $2 mil/Ion mark. He noted the Chairman of the Board
will be present this year; and he feels that presenting him a key to the City in recogni-
tion of the scholarship monies provided is appropriate.
Becky Ellig, 913 South Black, member of the Downtown Bozeman Association, stated
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support for the request. She noted that one-fourth of the $2 million in scholarships from
Copenhagen/Skoal has remained in Montana, asking if any other organization has made a
similar contribution. She stated that, while she does not condone the use of tobacco, she
does feel that support of a major sponsor of college rodeo is appropriate.
Bill Bennett, 1611 West Koch Street, stated he Is involved in the local business
community. He then stated support for presenting the key to the City to the Chairman of
the Board as a way of honoring the company for its contributions to education. He noted
that every year a portion of the scholarship monies remains in Montana. He also noted
that the rodeo brings $1% to $2 million into the community on an annual basis. Mr.
Bennett then reminded the Commission that the College National Finals Rodeo is a "nation-
al" event; and Copenhagen/Skoal i~ a national sponsor.
Mike Ward. 416 East Story, stated support for the comments made by those in the
medical profession.
Gary Frantz, 4350 Airport Road, stated that every year members of a local civic
club donate over four thousand manhours to ensure that the College National Finals Rodeo
is a success. He noted that, as a result of the CNFR, the club donates $750 to $850 to
the Bozeman Senior Sober on an annual basis. He then stated support for presenting the
key to the City to Copenhagen/Skoal as a major sponsor of the rodeo.
Mayor Hawks thanked all those who spoke and stated that their comments would be
taken under advisement.
Commissioners Frost and Goehrung asked that it be a matter of record that they
were opposed to giving a key to the City in this instance.
Mayor Hawks stated that presenting a key to the City would denote honoring
Copenhagen/Skoal for their scholarship contributions to students, and in no way would de-
note condoning of their products.
The City Manager presented Ordinance No. 1310, as reviewed by the City Attorney,
entitled:
ORDINANCE NO. 1310
AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA,
PROVIDING THE METHOD FOR THE MAINTENANCE OF STREETS, ALLEYS
AND PUBLIC PLACES AND PROVIDING FOR THE METHOD OF PAYING SAID
COSTS THEREOF PURSUANT TO 7-12-4401 ET SEQ. AND REPEALING ORDI-
NANCE NO. 295.
City Manager Wysocki reminded the Commission that Ordinance No. 295 is the ordi-
nance which provides for street sweeping activities. He explained that Ordinance No. 1310
is an ordinance enabling legislation, briefly highlighting the process that must be followed
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to implement such a program. He then reminded the Commission that this ordinance was
provisionally adopted on May 14, 1990 and recommended that it be finally adopted at this
time.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission finally adopt Ordinance No. 1310, providing the method for the maintenance of
streets, alleys and public places and providing for the method of paying said costs there-
of. The motion carried by the following Aye and No vote: those voting Aye being Com-
missioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and
Mayor Hawks; those voting No, none.
City Manager Wysocki presented Ordinance No. 1311, as reviewed by the City At-
torney, entitled:
ORDI NANCE NO. 1311
AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA,
PROVIDING THE METHOD FOR THE PLANTING AND MAINTENANCE OF
TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAY AND PARKS AND
PROVIDING FOR THE METHOD OF PAYING SAID COSTS THEREOF.
The City Manager reminded the Commission that this ordinance was provisionally
adopted on May 14, 1990, and recommended that it be finally adopted at this time.
Commissioner Frost stated he has heard many positive comments about this proposed
prog ram. He then noted that the Capital Improvement Program allows $75,000; and the Com-
mission should possibly consider an amount closer to that.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission finally adopt Ordinance No. 1311, providing the method for the planting and
maintenance of trees in all public places, rights-of-way and parks and providing for the
method of paying said costs thereof. 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.
ecreation an
City Manager Wysocki presented Ordinance No. 1312, as reviewed by the City At-
torney, entitled:
ORDINANCE NO. 1312
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING A PORTION OF SECTION 1 OF ORDINANCE NO.
1175, AS CODIFIED IN SECTION 2.36.030 OF THE BOZEMAN MUNICIPAL
CODE.
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The City Manager recommended that the Commission provisionally adopt Ordinance
No. 1312 and that it be brought back In two weeks for final adoption.
Mayor Hawks informed the Commission that the Recreation Advisory Board has re-
quested that it be expanded to a twelve-member board.
Following some discussion, the Commissioners concurred that the ordinance be
amended, as follows: (1) that Section 2.36.030A. be revised to increase the membership to
"up to twelve members;" (2) that Section 2.36.030A.4. be added to provide for up to three
"at large" members with city residency being a consideration but not mandatory, and fur-
ther requiring that a majority of the board members be city residents; and (3) that Sec-
tion 2.36.040 be revised to change the term to "staggered three-year terms."
Mayor Hawks noted the section of the Bozeman Municipal Code which sets forth the
duties of the board. He then asked if this section adequately reflects the duties of the
board under its new name; the City Attorney responded that it does.
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission provisionally adopt Ordinance No. 1312, as amended, and that it be
brought back in two weeks for final adoption. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung. Com-
missioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none.
Ordinance IV. of Ordinance No. 553, as codified in Section
9.66.110, ar ommission
City Manager Wysocki presented to the Commission Ordinance No. 1313, as reviewed
by the City Attorney, entitled:
ORDINANCE NO. 1313
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTION IV. OF ORDINANCE NO. 553, AS CODIFIED
IN SECTION 9.66.110 OF THE BOZEMAN MUNICIPAL CODE.
The City Manager stated this is a housekeeping item. He noted that the provision
for a Park Commission was repealed some time ago; however, this section was not deleted
at that time. He noted that this ordinance reflects the current City structure for regu-
lation of parks. He then recommended to the Commission that they provisionally adopt Or-
dinance No. 1313 and that it be brought back in two weeks for final adoption.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1313, amending Section IV. of Ordinance No.
553, as codified in Section 9.66.110 of the Bozeman Municipal Code, 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 Goehrung, Commissioner Frost, Commissioner
Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none.
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Discussion - FY I Items
City Manager Wysocki presented to the Commission the following "For Your Informa-
tion" items.
(1 ) An agenda for the Montana Highway Commission meeting to be held at 9:30
a.m. on Friday, June 8, 1990 in Helena. Agenda items include a discussion regarding in-
terchanges.
(2) A listing of items which might be better addressed through self-government
powers as compiled by the Clerk of the Commission. Attached are two comparison sheets
prepared in 1983, as submitted by the Chamber of Commerce.
(3) City-County Planning Board agenda for their upcoming meeting at 7:00 p.m.
on Tuesday, June 5.
(4) Agenda for the Board of Adjustment meeting to be held at 1: 30 p _ m. on
Thursday, June 7.
(5) The City Manager submitted his weekly report, as follows. (1 ) Director of
Public Service Forbes and ,Engineer Craig Brawner attended a Bureau of Reclamation meet-
Ing regarding the Hyalite Dam project. The project is scheduled for completion in the fall
of 1992. He noted three areas of concern include: (a) the Montana Power Company filing,
which has been resolved; (b) the potential requirement for minimum pool, which the Forest
Service must address; and (c) the requirement for a special use permit. He noted the
original estimate of the permit was $8,700; however, subtracting property in DNRC own-
ership reduces that amount to $6,000.. He then stated that DNRC now plans to submit an
application for waiver of the fee on behalf of all participants. He indicated that staff will
bring back the finalized documents Jor this project, hopefully within the next month. (2)
A meeting on a campus recycling program with a gentleman from Penn State has been
scheduled for 1 :30 p.m. on Tuesday, June 19, at City Hall. All Commissioners are invited
to attend. (3) The City picnic has been scheduled for 5:30 p.m. on Friday, July 27, at
the UCT building; Commissioners are Invited. (4) Mr. Bob Janz, former Deputy in the
City of Billings Building Inspection Department, has been hired as the City's Building Of-
ficial. He replaces Glen Edsall, who retired on May 31. (5) Two of the Ford Tauruses
have been received and are now on the Police Department's front line. The third car is
yet to come. (6) Staff is reviewing the bids received in response to the request for pro-
posals for property and vehicle insurance coverage. This item will be on next week's
agenda. (7) The recreation program brochure is out; the summer programs are beginning.
(8) The initial spring street cleaning should be completed today. (9) Montana Rail Link
is scheduled to begin work on the North Rouse Avenue railroad crossings on Monday.
(6) In response to a question from Mayor Hawks, the City Manager stated that
the yard clippings and shrubbery trimmings are being picked up at curbside, not in the
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alley. He noted the program, which began last week, will be run on Monday and Tuesday
each week. He noted this composting program helps to get some of the solid waste out of
the landfill mainstream.
Mayor Hawks noted many of the people in his area have placed their yard wastes in
the alley, asking if that would be a logical pick-up point.
The City Manager responded that staff is trying to establish this program at
curbside to keep it separated from other City programs. He then noted that publ ic educa-
tion will be necessary to make this successful. He indicated that the alley spring clean-up
is currently underway; therefore, those items currently at the alley pick-up point can be
left there.
(7) Commissioner Goehrung stated he received an irate phone call from an indi-
vidual regarding impoundment of an "abandoned vehicle." He then questioned the proce-
dure followed for Impounding of vehicles; the City Manager briefly highlighted the pro-
cess.
(8) Commissioner Frost noted he had received a letter from UCT regarding Rec-
reation Department usage of their building and asked if other Commissioners had received
copies as well.
The City Manager stated that the letter was a part of the packet which the Recre-
ation Department distributed to all Commissioners.
(9) Commissioner Frost stated that he has talked to several local legislators
about the statutory exemption of the commission/manager form of government from subdivi-
sion authority in the extraterritorial area. He noted that all the legislators, particularly
Senator Dorothy Eck, encouraged the City to pursue a legislative change during the up-
coming session.
City Attorney Becker stated he has received and reviewed the legislative history;
and it reveals nothing.
(10) Commissioner Frost distributed to the Commission a copy of his notes on the
Master Plan revisions adopted by the County Commission.
Mayor Hawks requested that copies of these comments be distributed to members of
the City-County Planning Board.
( 11 ) Commissioner Swanson asked if the Pedestrian/ Traffic Safety Committee mem-
bers had been invited to the bicycle safety meeting scheduled for tomorrow night.
Following a brief discussion, he indicated that he will contact the local coordinators to en-
sure that they have been invited.
(12) Commissioner Knapp attended the Library Board meeting on Friday, noting
that development of a mission statement and setting of goals were undertaken. Sarah Nash
Zimmer has been appointed as chairman of the library centennial celebration committee.
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(13 ) Mayor Hawks made a brief statement at the Memorial Day activities held at
Veteran's Park last week.
(14 ) Mayor Hawks stated he has received a letter from Mr. Robert Denny, De-
partment of Agriculture. regarding the Hyalite Challenge project. He noted there will be a
group tour on Saturday, June 23, of the handicapped access areas they wish to complete;
and Commissioners are invited to attend. He stated the tour begins at 9:30 a.m., and
those attending are to bring their own lunches.
(15 ) Mayor Hawks announced that he will be absent from the meeting of June 25.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
en
COMMISSION RESOLUTION NO. 2792
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. ESTABLISHING A FEE SCHEDULE FOR RESERVATION OF PUB-
LIC PARKS FOR GROUP ACTIVITIES.
Commission Resolution No. 2793 - establishin a fee schedule for re uests for
waiver 0 the open container or inance
COMMISSION RESOLUTION NO. 2793
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A FEE SCHEDULE FOR REQUESTS FOR WAIVER
OF THE OPEN CONTAINER ORDINANCE.
COMMISSION RESOLUTION NO. 2794
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND RE-
FERRED TO AS THE FISH, WILDLIFE AND PARKS ANNEXATION, HEREIN
MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS
THEREOF.
COMMISSION RESOLUTION NO. 2795
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE A CITY-WIDE MAINTENANCE DISTRICT FOR ALL
STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY'S
CORPORATE LIMITS, AND RESCINDING COMMISSION RESOLUTION NOS.
1650, CREATING SPRINKLING DISTRICT NO.5; 1651, CREATING
SPRINKLING DISTRICT NO.6; 1652, CREATING SPRINKLING DISTRICT NO.
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7; 1653, CREATING SPRINKLING DISTRICT NO.8; AND 1654, CREATING
SPRINKLING DISTRICT NO.9.
Commission Resolution No. 2796 - declaring the City's intent to create a
cit~-wide tree maintenance district and setting the public hearing for
Ju y 9, 1990
COMMISSION RESOLUTION NO. 2796
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE A CITY-WIDE TREE MAINTENANCE DISTRICT FOR
THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC
PLACES, RIGHTS-OF-WAY AND PARKS.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner
Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none.
Recess - 4:50 p.m.
Mayor Hawks declared a recess at 4:50 p.m., to reconvene at 7:00 p.m. for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting
the scheduled public hearings.
This was the time and place set for the public hearing on Commission Resolution
No. 2786, as reviewed by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2786
A RESOLUTION OF THE CITY COMMISSION- OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 655 FOR THE
PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION,
INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF AS-
PHAL T STREET PAVING, INTEGRAL CURB AND CUTTER, AND STORM
DRAINAGE IMPROVEMENTS ON CONCORD DRIVE AND A PORTION OF AN
UNNAMED NORTH/SOUTH STREET IN WESTFIELD SUBDIVISION, PHASE"
(FORMERL Y REFERRED TO AS FIELDSTONE DRIVE), AND ALL OTHER NEC-
ESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS; AND
SIDEWALK IMPROVEMENTS ALONG THE WEST SIDE OF THAT PORTION OF
WAGON WHEEL ROAD BORDERING WESTFIELD SUBDIVISION, PHASE II.
Mayor Hawks op~ned the pUblic hearing.
City Manager Wysocki stated that Special Improvement District No. 655 would pro-
vide for the paving of Concord Drive and the construction of a sidewalk along the west
side of Wagon Wheel Road In Westfield Subdivision, Phase II, in an amount not to exceed
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$137,000. He noted that the developer will install water and sewer for this development
without the use of special improvement districts.
No one was present to speak in support of or in opposition to the creation of Spec-
ial Improvement District No. 655.
Mayor Hawks closed the public hearing.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission authorize and direct staff to prepare a resolution creating Special Improvement
District No. 655, and that it be brought back for Commission action as soon as possible.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor
Hawks; those voting No, none.
This was the time and place set for the public hearing requested by Mike Burgard
for Color World Printers for variances from Section 18.50.100 (Landscaping) and Section
18.50.120 (Parking), Bozeman Municipal Code, to allow construction of a 35-foot by 37-foot
addition to the existing structure located at 201 East Mendenhall Street.
City Manager Wysocki reminded the Commissioners that included in their packets
was a copy of a report from the City-County planning staff; and copies of the minutes
from the Board of Adjustment meeting, containing elements pertaining to this project, were
distributed during this afternoon's session.
Mayor Hawks opened the pubHc hearing.
Assistant Planner Tom Sheely pr.:lsented the staff report, along with a brief back-
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ground of the application. He stated that the variances in question were for landscaping
and parking.
Planner Sheely reminded the Commission that they now consider these types of vari-
ances under the interim zoning ordinance, while the Board of Adjustment considered the
variances for expansion of a non-conforming use and encroachment on the setback require-
ments.
In response to a request from the Commission, Planner Sheely reviewed the action
taken by the Board of Adjustment at its May 17 meeting regarding the expansion of a
non-conforming structure and encroachment on the setback requirement along East
Mendenhall Street. He noted that the staff recommended approval subject to conditions;
and the Board of Adjustment revised those conditions during its approval of the applica-
tion. He then highlighted those conditions and revisions. He noted that the Board also
recommended that the Director of Public Service designate a loading zone along East
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Mendenhall Street in front of the subject structure so that semi-trucks are not required to
double park while making deliveries.
Planner Sheely stated that the proposed addition will add 1,295 square feet, which
is more than ten percent; therefore, under the interim zoning ordinance, full landscaping
provisions for the entire site must be met. The Planner then reviewed the seven criteria
under which requests for variance are considered. He noted that with the position of the
existing structure on the site (on the front property line), the required buffering cannot
be provided; and staff would recommend that aspect of the variance be approved. He not-
ed, however, that the applicant proposes to construct the addition without providing the
required parking lot landscaping, paving, curbing or striping, or providing a snow stor-
age area; and staff does not believe that is appropriate. He also stated that staff cannot
identify a specific hardship or unreasonable situation that would be created by requiring
compliance with the code on this parcel.
The Planner noted that the City Commission has the right to impose any conditions
it feels are necessary to ensure that the project is accomplished in a manner which is con-
sistent with the intent of the interim zoning ordinance. He suggested, therefore, that the
Commission require that the trash dumpster be screened.
Planner Sheely stated that the Development Review Committee (DRC) has considered
and denied the applicant's minor site plan application for the proposed expansion. He not-
ed that denial was based on the fact that an adverse impact upon public safety would be
perpetuated due to the lack of an on-site loading area. He noted that decision has been
appealed to the City-County Planning Board, which will consider the appeal at their meet-
ing of June 19. If the Planning Board upholds the decision of the DRC, the applicant may
appeal the decision to the City Commission.
Planner Sheely stated that, based on all of the facts set forth above, the staff has
recommended denial of the application. He noted, however, that if the City Commission
does wish to consider approval of the application, staff has provided eight proposed con-
ditions to be attached to such approval. He then briefly highlighted those conditions,
noting that they will help to bring the subject site as close to compliance with the interim
zoning ordinance as possible.
Commissioner Frost noted that the Board of Adjustment approved the variance to
the front yard setback requirements. He noted, however, that the Development Review
Committee has indicated it does not approve of the application submitted to them.
Planner Sheely stated that the Board of Adjustment's approval was only to allow ex-
pansion of a non-conforming use into the front yard setback. He noted that the Develop-
ment Review Committee reviewed the same site plan for a minor site plan and denied it.
He stated that for an application to be successful, all reviewing boards must vote to ap-
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prove.
Mr. Mike Burgard, Business Manager for Color World, gave a brief history on the
business. He noted it has been on the subject site since 1961, when the original building,
the south half of the existing structure, was constructed. His parents purchased the
business; and in 1976, the building was expanded to include the north half. In 1981, his
parents sold the business and in December 1985, when the bank was ready to foreclose,
they purchased it again. He noted that since 1985, Color World has been growing at 30
percent a year. He reminded the Commission that last year, the business requested and
received a tax incentive for expanding businesses.
Mr. Burgard stated that over the last ten to fifteen years, Color World has had
outside warehouse space for new paper because they have not had space on-site. He not-
ed at the present time, they are occupying 1,500 to 1,800 square feet of warehouse space
behind the Cope Building, at the corner of North Rouse Avenue and East Mendenhall
Street. He stated that in reviewing alternatives, including relocation or expansion on the
existing site, they determined it would be most appropriate to remain in the current lo-
cation. He noted that they did determine that the business is economically disadvantaged
because of the fact that paper cannot be warehoused on site.
Mr. Burgard noted that their current parking lot does not meet the landscaping re-
quirements; and to meet those requirements would mean removal of approximately one-third
of the parking stalls. He also noted there are no bumper strips in the parking lot. He
requested a variance to the requirement to pave the parking lot. He noted that the busi-
ness is considering expansion into approximately one-half of the parking lot within the
next two or three years; and the paving will need to be torn out at that time. He then
indicated that the adjacent parking lot has railroad ties instead of concrete bumper strips;
and he would like to carry that theme into Color World's parking lot as well.
Mr. Mike Burgard noted he is one of the first businesses to go through the interim
zoning ordinance process; and he has attended seven meetings over the past four months.
He stated that staff has been courteous and helpful; but with each step some new issue
has arisen. He expressed concern that he thought this process had been streamlined un-
der the new zone code.
Mr. Burgard noted that at the time the business sought the tax incentive, one of
the concerns expressed was whether they planned to stay in Bozeman I and whether they
intended to be an active part of the downtown community. He stated that under this re-
view process, it has become evident that because of Its size and nature, their business is
not appropriate in the downtown area, mainly because of freight unloading on East Menden-
hall Street.
Mr. Burgard stated that Color World wishes to remain within the city limits; and he
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stated it is not economically feasible for them to consider another location at this time.
In response to a question from Commissioner Frost, Mr. Burgard stated that they
plan to add onto their facility again In the next two or three years, utilizing a portion of
the parking lot.
In response to another question from Commissioner Frost, Mr. Burgard stated that
unloading from the alley is not practical. He noted that some of the existing trees, as
well as five to' eight of the parking spaces, must be removed to allow trucks to gain access
to the alley. He then noted that there is not direct access from the alley to the area of
the Color World building where the paper is to be stored.
Mr. Burgard stated that most of the on-street unloading problems seem to be in-
curred when out-of-state deliveries arrive. He noted that he usually has some forewarning
about local or in-state deliveries; however. he receives little advance notice of other ship-
ments coming in.
Mayor Hawks noted that the overhead door is to be moved to the addition under
this proposal, asking the purpose of the entryway.
Mr. Burgard stated the overhead door provides the access for deliveries. He noted
that if there are no cars parking along the curb, the semi-truck will park there for un-
loading rather than double parking.
In response to a question from Commissioner Frost, Mr. Burgard stated there are
three parking spaces along East Mendenhall Street in front of the building; and one of
those is presently designated as a loading zone. He noted that to provide a space for
semi-trucks to park would require designating all three spaces for that purpose.
Mr. Burgard stated that the proposed addition will not change the practice which
has been followed for the past twenty years; and the warehouse will have no impact on the
amount of freight received. He noted that it will change the practice of running the fork-
lift down the sidewalk or the street for two blocks to get the warehoused paper.
In response to a question from Commissioner Frost, Mr. Burgard stated that the
parking lot is located about a foot from the property line. He noted that if a fence is
required, rather than landscaping, he would probably have adequate space with the park-
ing lot as it exists. He then stated that he has closed the north side of the parking lot
with timbers; and he intends to landscape that area. He noted that the possibility of
providing joint access with the parking lot to the east has been discussed.
I n response to questions from Commissioner Frost, Mr. Burgard stated he intends
to plant a fourth tree just east of the driveway to meet landscaping requirements. He also
indicated he has no problem with providing additional landscaping on the west side, as re-
quested.
In response to questions from Commissioner Goehrung, Mr. Burgard stated that he
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plans to landscape the entire space between the buildings along the east end of his struc-
ture. He then stated it may be possible to provide a drive-through for delivery trucks,
allowing them to exit through the parking lot; however, it could create some problems for
the semi-trucks. He noted, however, that to accept deliveries from the alley will require
a major relocation of machines within the structure, to provide an adequate aisle.
In response to a question from Commissioner Goehrung, Planner Sheely stated that
the site plan indicates that twenty parking spaces are provided; and that is the number
required under the interim zoning ordinance; however, part of it is unpaved.
In response to a question from Commissioner Frost, Mr. Burgard stated it is not
necessary to have the three on-street parking spaces designated as loading zones on a 24-
hour-a-day basis; however, he noted that problems can arise when out-of-state trucking
firms deliver with little to no notice.
Commissioner Frost stated he feels that installation of a fence to provide screening
of the parking area would be acceptable in lieu of requiring landscaping. He then stated
an interest in seeing more trees planted on the west side of the building. He questioned
why the blacktop jogs, leaving a gravel area.
Mr. Jeff Burgard stated the area has been left open for future expansion. He not-
ed that in the past, they have incurred a serious drainage problem. The parking lot is
presently contoured so that everything drains to the middle; and they have also incurred
problems with the drainfieJd in the past.
Commissioner Knapp asked if the issue of snow storage has been addressed; Mr.
Mike Burgard responded it has not been.
Planner Sheely stated that if the DRC had approved the application for minor site
plan, one of the conditions would have been to provide a snow storage area and make pro-
visions for hauling the snow.
Mr. Mike Burgard stated that they have not plowed the parking lot unless there
has been a big snow storm. He noted that they usually have no more than three or four
customers a day, due to the nature of their business.
In response to a question from Mayor Hawks, the City Manager noted that the one
purpose of curbing is to ensure that drainage is maintained on-site, rather than leaving
the site and creating problems for an adjacent parcel.
In response to a question from City Manager Wysocki, Mr. Burgard stated that the
drainfield goes to the groundwater.
Mayor Hawks noted one concern to be addressed is that drainage be maintained
on-site or that it go to the storm sewer.
Mr. Mike Burgard stated that if this application is approved, adjacent properties
will realize a benefit, especially through additional landscaping and screening. He noted
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that if the application is not approved, no one will realize any benefits, but the situation
will remain status quo. He then stated that the business is paying a substantial amount
per square foot when they do not need to be in a location which is convenient for foot
traffic; however, they do wish to remain in the present location.
Mayor Hawks stated that the Commission is attempting to ensure that the subject
site is as close to compliance with the landscaping requirements as possible. He recog-
nized that properties such as this one will not be able to meet all of the requirements; and
it is important to work with those. The Mayor then indicated that the Commission is seri-
ous about working with applicants, recognizing that some changes may be necessary in the
final zone code to make the processes easier for the applicant.
In response to a question from Commissioner Frost, Planner Sheely once again re-
viewed the processes through which this application is going.
Mayor Hawks closed the public hearing.
Commissioner Swanson stated that.. he has refrained from discussion and will not vote
on this item because he has been advised to abstain.
Mayor Hawks noted that some of the concerns to be addressed include screening on
the north, additional landscaping on the north and the west, parking restrictions on the
street, snow storage for the parking Jot, and assurance that adequate drainage will be
provided on-site. He stated the business deserves to stay in its present location; and he
feels that the City should flex on its requirements.
Commissioner Knapp noted that one of the items to be addressed is a determination
of whether an undue hardship exists. She then asked how many of the criteria must be
addressed to approve a variance.
The City Manager noted that the location of the structure creates a hardship. He
then noted that the applicant has indicated his intent to expand the structure onto the
parking lot within the next two or three years, suggesting It may not be appropriate to
require that it be paved at this time. He suggested that the Commission may wish to re-
quire that the applicant pave the parking lot at a specific time in the future if the expan-
sion is not done. The City Manager then stated that if the Commission wishes the Plan-
ning Board to consider specific items during Its review of the appeal of the minor site
plan, then it should make a listing of those items. He then reminded the Commission that
the items which they must address are the landscaping and parking issues only.
City Manager Wysocki stated that items to be addressed include snow storage,
drainage to meet requirements of Director of Public Service, the loading zone, a minimum
of two more trees on the west side and one on Mendenhall, paving of the parking lot, and
a buffer on the north side of the parking lot.
Commissioner Frost stated that he feels that combining the conditions recommended
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by staff and those imposed by the Board of Adjustment would help to cover all of the is-
sues raised. He then highl ighted those conditions.
Commissioner Goehrung stated he feels there are unique aspects to the application;
however, he has concern about determining that a hardship exists. He expressed concern
that the applicant is attempting "to get too much into too little" under this application.
Commissioner Knapp noted that Color World is the type of business that the City
wants to encourage; and their reputation for quality work is the type to be supported.
She then noted that the City wants a quality job in the development of the site as well.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission waive the customary one-week waiting period. The motion carried by the fol-
lowing Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner
Frost, Commissioner Goehrung and Mayor Hawks; those voting No, none. Commissioner
Swanson abstained.
It was moved by Commissioner Frost, seconded by Commissioner Knapp that the
variances requested by Mike Burgard for Color World Printers from Sections 18.50.100 and
18.50.120, Bozeman Municipal Code, be approved, subject to the following conditions:
1. That additional landscaping shall be installed on the subject property,
particularly in the east side yard, to bring it into as much compliance
with the landscaping provisions of the Ordinance as possible, includ-
ing a screening/buffering of the residence to the north and additional
trees within the parking area to be approved by the Planning Direc-
tor;
2. That three (3) additional trees be included in the landscaping, two
(2) of which are to be placed in the right-of-way along North
Bozeman Avenue, and one (1) of which is to be placed in the south-
east corner of the parcel on East Mendenhall Street to complement the
trees shown on the proposed site plan along said street;
3. That a barrier be provided on the east side of the property to pre-
vent through traffic, as approved by the Planning Director;
4. That a snow storage area adjacent to the on-site parking lot be es-
tablished, as approved by the Di rector of Public Service;
5. That a drainage plan, designed by a professional engineer, be sub-
mitted for the approval of the Director of Public Service;
6. That the parking lot be paved and striped within eighteen (18)
months of final approval with concrete wheel stops and perimeter and
interior curbing, as approved by the Director of Public Service;
7. That the garbage/refuse area shall be screened from view from all ad-
joining properties as per Section 18.50.14.E. of the Zoning Ordinance;
8. That three copies of the final site plan, containing all the conditions,
corrections and modifications approved by the Board of Adjustment
and the City Commission, shall be submitted for review and approved
by the Planning Director within six months of the date of City Com-
mission approval. One signed copy shall be retained by the Planning
Department, one signed copy retained by the Building Department,
and one copy retained by the applicant;
9. That if improvements are not installed prior to final site plan approv-
al, the applicant shall enter into an Improvements Agreement with the
City. Detailed cost estimates, construction plans and methods of secur-
ity shall be made a part of that Agreement;
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10. That if occupancy of the ~tructure or commencement of the use is to
occur prior to the InstaHatlon 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; and
11. That all on-site Improvements must be completed within eighteen (18)
months of approval of the final site plan.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Frost, Commissioner Knapp and Mayor Hawks; those voting No being Commissioner
Goehrung. Commissioner Swanson abstained.
The City Commission also requested that the City-County Planning Board consider a
loading zone for the subject site, keeping the Board of Adjustment's suggestion in mind.
Commissioner Frost expressed concern about the process that has been followed for
this application and encouraged that it be carefully reviewed and adjusted.
Adjournment - 8:50 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Goehrung, seconded by Commissioner Frost, that the meeting be
adjourned. The motion 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.
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