HomeMy WebLinkAbout1990-07-16
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MINUTES OF THE MEETING OF.THE CITY COMMISSION
BOZEMAN, MONTANA
July 16, 1990
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 16, 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 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 - July 9, 1990
It was moved by Commiss,ioner Goehrung, seconded by Commissioner Frost. that the
minutes of the regular meeting of July 9, 1990 be approved as amended. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner
Goehrung, Commissioner F ros t , Commissioner Swanson, Comm iss ioner Knapp and Mayor
Hawks; those voting No, none.
maintenance dis-
cor orate limits;
This was the time and place set for the decision on Commission Resolution No. 2795,
as prepared by the City Attorney, entitled:
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 DISTRJCT NO.
7. 1653, CREATING SPRINKLING DISTRICT NO. 8; AND 1654, CREATING
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SPRINKLING DISTRICT NO.9.
City Manager Wysocki reminded the Commission that they conducted the public hear-
ing on this resolution at last week's meeting. He then submitted to the Commission a memo
briefly highlighting some of the concerns raised during that hearing.
Commissioner Frost noted that 60 percent of those who spoke directly stated that
better street maintenance is needed, although some of them suggested other funding
options.
Commissioner Swanson suggested that, in response to testimony given, the Commis-
sion give consideration to the possibility of providing a break for senior citizens.
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Commissioner Goehrung stated the need~maintenance of existing streets and
funding for other street improvements has been emphasized. He noted the importance of
seeking legislative changes to allow local voter decisions on funding options which would be
utilized to fund improvements. He observed, however, that at the present time, the street
maintenance district is the only option available.
Mayor Hawks stated that he recognizes that the street maintenance district is not
the most fair method of funding street maintenance and improvements, because some people
get a free ride; however, it is the only mechanism available at this time. He further noted
that the Commission must accept its responsibility to make sure that the City's streets are
maintained. He stated that at the present time it is important to undertake an increased
maintenance program with this funding option; and indicated his commitment to reducing
the costs to property owners through implementation of another fairer funding source as
soon as it becomes available.
Commissioner Frost aSke~w much staff time would be involved if the Commission
were to approve a reduction for sen ior citizens.
The City Manager responded that approximately 50 reductions are requested annually
for garbage assessments; and those requests are reviewed by the Administrative Services
Director, the Director of Public Service and himself. He then noted that the amount of
staff time required will depend on the criteria established for possible reductions.
Mayor Hawks suggested that State gUidelines for public assistance could possibly be
utilized, thus avoiding the potential impact on staff. He then stated he is in sympathy
with those on fixed incomes; however, he recognized the need to equalize shared costs.
Commissioner Knapp noted that in Oregon, taxes are levied against all properties;
trb ~.
. however, senior citizens may receive a deferr-ed on payment of those taxes until the prop-
erty changes hands or the property enters an estate. She noted this option allows seniors
to remain in their family homes.
Commissioner Swanson requested that staff review the possibility of providing relief
to senior citizens and submit a report back to the Commission for their consideration.
Mayor Hawks noted one concern raised during the public hearing as the lack of a
cap on residences located in the M-l and M-2 zones. He then suggested it might be ap-
propriate to ask staff to address that issue as well.
The City Manager indicated that staff can review those residences located in indus-
trial zones to determine how many would be impacted by the cap.
Commissioner Goehrung suggested that a provision be made that would allow resi-
dents located in industrial zones to petition for consideration under a cap, rather than es-
tablishing an overall cap. He noted that a site must be utilized for residential purposes
only to qualify for such consideration.
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City Manager Wysocki reminded the Commissioners that any exceptions to the formula
for assessment will result in a decrease in monies available for street maintenance. He
then stated that during testimony submitted at the public hearing last week, it was noted
that under this proposed assessment, one commercial venture would incur a $7,300 assess-
ment. He noted that appears to have been Main Mall, which houses sixty store spaces and
is a large traffic generator. He then noted that a 60, OOO-square-foot store, which is one
of the larger stores in Bozeman, would have a $256 annual assessment.
Mr. Bob Fagl iano raised a point of order from the audience, suggesting the Commis-
sion cannot make revisions to the proposed resolution without opening the hearing process
once again.
The City Manager responded that the Commission is simply responding to testimony
received during the public hearing at this time.
Commissioner Swanson requested an item on next week's agenda to review staff re-
ports on the issues of a cap on residences in industrial districts and possible reductions
for senior citizens. He also asked staff to address the question of whether the hearing
process must be reopened to consider any revisions as a result of the public hearing which
was held last week.
The City Manager then presented Commission Resolution No. 2803, as reviewed by
the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2803
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL
STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY'S
CORPORATE LIMITS, AND REPEALI NG COMMISSION RESOLUTION NOS.
1650, CREATING SPRINKLING DISTRICT NO. 5. 1651, CREATING
,
SPRINKLING DISTRICT NO.6; 1652, CREATING SPRINKLING DISTRICT NO.
7; 1653, CREATING SPRINKLING DISTRICT NO. 8' AND 1654, CREATING
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SPRINKLING DISTRICT NO.9.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission adopt Commission Resolution No. 2803, creating a city-wide maintenance district
for all streets, alleys and public places located within the city limits. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Frost, Commis-
sioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those
voting No, none.
This was the time and the place set for the decision on Commission Resolution No.
2796, as prepared by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2796
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
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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.
The City Manager reminded the Commission that the public hearing on this resolu-
tion was held at last week's meeting. He noted many positive comments were received,
with a few questions being raised.
Mayor Hawks noted that some of the testimony suggested that the rate being as-
sessed under this resolution may not generate adequate funds for the tree maintenance
program. He stated it is important to begin the program as quickly as possible; and the
current economic structure will not handle a larger assessment. He suggested that as the
program moves forward and the economy allows, a larger assessment could be considered.
Commissioner Frost noted one of the suggestions submitted was hiring of an urban
fores ter . He then expressed an interest in entertain ing sUCh~proposa I. noti~~t indi-
A
vidual could ensure that the appropriate amount of chemicals ~ used for insect and disease
control.
City Manager Wysocki then presented Commission Resolution No. 2804, as reviewed
by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2804
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE TREE MAINTENANCE DISTRICT FOR
THE PURPOSE OF PLANT I NG AND MAINTAINING TREES IN ALL PUBLIC
PLACES, RIGHTS-OF-WAY AND PARKS.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission adopt Commission Resolution No. 2804, creating a city-wide tree maintenance
district for the purpose of planting and maintaining trees in all public places, rights-
of-way and parks. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commi s-
sioner Frost and Mayor Hawks; those voting No, none.
Appointment of sub-committee to review pledged securities as of June 30, 1990
City Manager Wysocki reminded the Commission that the pledged securities must be
reviewed quarterly according to State Statute.
It was moved by Commi ssioner Goehrung. seconded by Commissioner F ros t , that
Commissioner Swanson and Commissioner Knapp be appointed to review the pledged secu-
rities as of June 30, 1990. 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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Request for reconsideration of decisions on Conditional Use Permit and variance to Section
18.50. 1 00, BMC, requested by Harold Sappington for College Chevron - 723 South 8th
Avenue
(a) This was the time and place set for reconsideration of the decision on the Con-
ditional Use Permit requested' by Harold Sappington for College Chevron to allow construc-
tion of a 666-square-foot addition to an existing auto service/gas station located on Lots 11
and 12 and the east 90 feet of Lots 13 and 14 of Block 50, and six-foot ST E S of vacated
alley in Block 50, West Park Addition. The subject property is more commonly known as
723 South 8th Avenue.
(b) This was the time and place set for reconsideration of the decision on the var-
iance to Section 18.50.100 of the Bozeman Municipal Code requested by Harold Sappington
for College Chevron to allow construction of the 666-square-foot addition to an existing au-
to service/gas station located on Lots 11 and 12 and the east 90 feet of Lots 13 and 14 of
Block 50, and six-foot ST E S of vacated alley in Block 50, West Park Addition. The sub-
ject property is more commonly known as 723 South 8th Avenue.
The City Manager reminded the Commission that Commissioner Swanson had request-
ed this item be placed on the agenda. He then noted that included in the packets was a
copy of the minutes from the July 2 meeting, at which the decision was originally made on
these appl ications.
Planning Director Andy Epple briefly refreshed the Commissioners on this proposal,
noting that the subject site plan is the one which was submitted at the June 18 public
hearing before the City Commission and is the third one to have been submitted during
review of this project. He noted that the Development Review Committee recommended de-
nial of the application because of problems pertaining to the multiple access onto arterial
streets and the level of parking on the site as well as on the street in that immediate lo-
cation. He noted that following its public hearing, the City-County Planning Board for-
warded no decision to the Commission because of a tie vote.
The Planning Director noted that this most recent site plan contains a decrease in
the size of the addition, from 666 square feet to 480 square feet; landscaping has been
added; and the si ze of the cu rb cuts has been reduced. He stated that the Commission
voted at the June 18 meeting to conceptually endorse the latest revision to the site plan
and directed staff to work with the applicant, and evaluate the plan, prior to completing
the public hearing on July 2. He noted that was accomplished; and he and Director of
Public Service Forbes submitted memos for Commission consideration, both recommending if
the Commission approved that specific minimum conditions be attached in the interests of
public health, safety and welfare. He stated one of those conditions includes the elimina-
tion of the two curb cuts closest to the intersection, with extension of the landscaping
across those existing curb cuts. He noted that condition was deleted in the Commission
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motion; and that motion failed on a 2 to 2 vote.
The Planning Director then reminded the Commission that at the July 2 meeting,
Mr. Sappington indicated that inclusion of the two landscape islands inside the sidewalk
between the curb cuts were in error and were to be deleted.
Responding to Commissioner Swanson, the Planning Director stated that the
proposed addition will provide an extension of existing services, and will include an area
for wheel alignment.
In response to another question from Commissioner Swanson, Commissioner Frost
stated that the original motion for approval included the two planters which Mr.
Sappington had indicated could not be installed due to lack of adequate space for turning
maneuvers for large vehicles. He also noted that the Commission had proposed the plant-
ing of another tree; however, the planning staff indicated that it would be located in the
site triangle if the curb cut is not closed.
Commissioner Swanson then asked if it would be appropriate to add a condition
which would limit on-site parking to the designated parking spaces; the Planning Director
responded in the affirmative.
Mayor Hawks noted that during the public hearing, the appl icant indicated that
valet parking of vehicles is necessary at the rear of the lot so that more cars can be
parked in that area. He then suggested that limiting parking to the designated spaces on-
ly could create problems.
Commissioner Knapp noted that one of the Commission's primary goals is to protect
the public health, safety and welfare. She also noted that the Commission has appointed
members to the various advisory groups; and in this instance the City staff as wel I as
those bodies have recommended denial of the application. She further reminded the Com-
mission that failure to approve this application will not deny the applicant's continuation of
his existing business but will deny only intensified use of the site. She noted that Mr.
Sappington has indicated he cannot comply with the condition to close two of the curb
cuts; and he has indicated difficulty with the condition requiring installation of landscape
islands between the curb cuts. She then stated she feels the Commission should support
the recommendations of those groups who have previously reviewed the application.
Mayor Hawks stated that the safety requirements have essentially been addressed
through a handbook which is an accumulation of data over a long period of time, and
which has been generalized rather than being adapted to a specific situation. He noted
that the Commission is basically dealing with re-useof an existing building; and they
should be willing to take whatever steps possible to approve the application. He noted
that history of the intersection of South 8th Avenue and West College Street does not
reveal that the intersection is unsafe or that the four existing curb cuts create a hazard.
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He then suggested that with the additional landscaping which would be required under ap-
proval of this application, this site could become a real asset to the community.
Commissioner Goehrung stated disagreement, noting that the public health, safety
and welfare must be addressed in the decision-making process. He noted that with the
University's proposal to construct a parking lot for 250 cars at South 8th Avenue between
West Cleveland Street and West Harrison Street, the traffic patterns will change; and more
traffic will be traveling on South 8th Avenue. He also expressed concern about overriding
the recommendations forwarded by the City's professional staff, challenging those Commis-
sioners supporting the application to set forth their backgrounds and expertise which allow
them to do so.
Commissioner Goehrung concurred with Commissioner Knapp's comment that denial of
this application will allow the applicant to continue his business as it is. He then ex-
pressed concern that to add a service bay and increase the number of cars which can be
serviced in a day will also increase the number of cars parked on that site. He noted it
is not practical to expect a University employee to go get a car which is ready at noon,
only take it back to campus, where is difficult to find a place to park. The Commissioner
stated that, based on the long-range interests of the community, he feels the original
action should stand.
Commissioner Swanson stated he feels the business should be allowed to expand and
increase its efficiency. He noted that the landscaping island to be incorporated into the
corner of the lot should increase the safety of the intersection of South 8th Avenue and
West College Street because cars will no longer to park there illegally.
Commissioner Goehrung suggested that if the Commission wishes to approve the ap-
plication, an additional condition should be attached which would prohibit left turns from
the southeastern curb cut onto West College Street. He noted that would force traffic
from that curb cut to travel in a westerly direction and eliminate some of the potential
conflicts at the intersection. He cited the curved driveway at the high school as an exam-
ple.
Commissioner Frost suggested the addition of a condition to specify the cars cannot
be illegally parked on the site.
Commissioner Swanson stated he would prefer not to include such a condition, not-
ing that it could create enforcement problems; and other alternatives are available to ad-
dress that problem.
City Manager Wysocki highl ighted the landscaped areas shown on the revised plat
upon which the Commission is taking action. He noted that all of the landscaped areas,
including the two between the curb cuts which the applicant has indicated would be diffi-
cult to Install, were included in the conditions recommended for approval.
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In response to a question from Mayor Hawks, Mr. Sappington stated the conditions
of approval as proposed are acceptable.
It was moved by Commissioner Swanson, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit and the variance to Section 18.50.100 of the
Bozeman Municipal Code, as requested by Harold Sappington for College Chevron, to allow
construction of the 480-square-foot addition to an existing auto service/gas station located
on Lots 11 and 12 and the east 90 feet of Lots 13 and 14 of Block 50, and six-foot ST E S
of vacated alley in Block 50, West Park Addition, subject to the following conditions:
1. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the Condi-
tional Use Permit procedure;
2. All special conditions shall constitute restrictions running with the
land use and shall be binding upon the owner of the land, his suc-
cessors or assigns;
3. All conditions specifically stated under any conditional use listed in
this ordinance shall apply and be adhered to by the owner of the
land, successors or assigns;
4. All of the special conditions shall be consented to in writing by the
applicant;
5. A four-foot high solid masonry or wooden fence shall be installed
along the north edge of the property line, reducing in height to 30
inches from a point even with the front of the principal portion of the
building to the Eighth Avenue property line;
6. The applicant shall commit to a program for on-going removal of snow
from the premises whenever storage of snow on-site interferes with
free-flowing traffic circulation and/or vehicle parking. Said commit-
ment shall be in the form of a signed and notarized statement, subject
to review and approval of the Planning Director, setting forth specific
conditions, methods, and time frames under which snow shall be
removed on a regular basis from the site.
7. Allowable slgnage on the site shall be in accordance with the appli-
cant's proposal, except that any non-conforming signage shall be sub-
ject to the "Amortization" and/or "Exceptions To Specific Conformity"
provisions set forth in Chapter 18.65 of the I nterim Zoning Code;
8. All additional drainage associated with the expansion shall be directed
to South 8th Avenue; spot elevations shall be provided to the Direc-
tor of Public Service verifying said drainage pattern;
9. A landscape plan, subject to review and approval of the Planning Di-
rector, shall be prepared and certified by a licensed landscape archi-
tect or Montana nurseryman depicting all landscape elements as shown
conceptually on the revised site plan;
10. All landscaped areas, both on-site and within the public boulevard,
shall be protected by continuous concrete curbing, the design and
installation of which shall be subject to approval of the Director of
Public Service;
11. A "right turn only" sign shall be installed at the southeast curb cut
along West College Street, in a location and manner approved by the
Director of Public Service;
12. The final site plan shall include all appropriate information as set
forth in Section 18.52.030 of the Interim Zoning Code;
13. All requirements of Section 18.50.020 C. 1. (Conditions for Specific
Conditional Uses -- Service Station) shall be complied with;
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14. Three copies of the final site plan, containing all the conditions, cor-
rections and modifications approved by the City Commission, shall be
submitted for review and approval by the Planning Director within six
months of the date of City Commission approval. One signed copy
shall be retained by the Planning Department, one signed copy re-
tained by the Building Department, and one copy retained by the ap-
plicant;
15. I f improvements are not installed prior to final site plan approval, the
applicant shall enter into an I mprovements Agreement with the City.
Detailed cost estimates, construction plans. and methods of security
shall be made a part of that Agreement;
16. 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; and
17. All on-site improvements shall be completed within twelve months of
approval of the final site plan. The Conditional Use Permit shall be
valid only for a period of twelve months following approval of the fi-
nal site plan. Prior to the permanent renewal of the permit at the
end of that period, the applicant must satisfy all the conditions in the
granting of the permit. An on-site inspection will be made and a re-
port made to the City Commission for their action. If all required
conditions have been satisfied, the permit will be permanently gran-
ted.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Swanson, Commissioner Frost and Commissioner Hawks; those voting No being Commis-
sioner Goehrung and Commissioner Knapp.
Discussion - FYI Items
The City Manager presented to the Commission the following "For Your Information" .
item s .
(1) Report from the site committee on the Performing Arts Center, dated May 7,
1990.
(2) Notice of the public meeting scheduled before the Pedestrian/Traffic Safety
Committee at 7:00 p.m. on Tuesday, July 24, concerning their proposed priority schedule
for installation of sidewalks.
(3) Minutes from the Pedestrian/Traffic Safety Committee meeting held on July 3.
1990.
(4) Copy of the advertisement for vacancies on the Beautification Committee.
(5) Copy of the application for adjustment to garbage assessments.
(6) Agenda and packet for City-County Planning Board meeting to be held at
7:00 p.m. on Tuesday, July 17.
(7) The City Manager submitted his weekly report, as follows. (1) Planning Di-
rector Epple has been certified as an AICP through the American Institute of Planners.
(2 ) Reminder of the City picnic, which will be held at 5:00 p.m. on Friday, July 27.
Reservations are needed by tomorrow. (3) Soviet visitors will be in Bozeman on August 7,
8 and 9; and they wish to meet with select department heads as well as the Commissioners.
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Mayor Hawks has distributed a list of those who will be in Bozeman. (4) Distributed a
copy of the proposed budget for Fiscal Year 1991, suggesting that a schedule for review
of the budget be established later in this meeting. (5) He met with the Commission sub-
committee on City assets and the Gallatin Development Corporation regarding use of the
Haynes Building last week. Subsequent to that meeting, a structural engineer reviewed
the structure; and he is awaiting that report. (6) He met with Assistant Brey and Plan-
ning Director Epple regarding the master plan prior to meeting with the County Commis-
sion. (7) Staff has received copies of the draft agreements for the Hyalite Dam project.
(8) Met with the National Commission on Rural Development at Hyalite Dam last week to re-
view the project, where he forwarded the City.s concerns about specific elements of the
project. (9) Extension of North 5th Avenue has been started; and the project should be
completed next week. (10) Average water consumption was 9.5 million gallons per day last
week, with a peak of 10.2 million gallons on Tuesday. (11) The police officers have begun
enforcement under the STEP program; and that has resulted in several tickets being is-
sued for different types of offenses.
(8) Commissioner Goehrung submitted the following. (1 ) He will report to the
Commission on the final requirements for closing the the Montana Arts Council grant for
the arts assessment project in the near future. (2) Noted that he had expressed concern
to the staff about landscaping previously required for a business located on East Main
Street having been removed and replaced with asphalt in an overnight or weekend project.
(9) Commissioner Frost stated the sub-committee met with the County Commission
regarding the master plan on Wednesday and will meet again in two weeks, after staff has
had an opportunity to try to address the problems.
(10) Commissioner Swanson submitted the following. (1) As a sub-committee mem-
ber, he met with the GDC on Wednesday. (2) Announced that he will be attending the
MLCT Legislative Committee meeting in Helena on Friday, and briefly highlighted some of
the issues to be discussed.
( 11) Commissioner Knapp submitted the following. (1) Attended the Interagency
Breakfast on Wednesday. (2) Attended the Library Board meeting on Friday, at which
time Karen Vinton was re-elected as Chairman. (3) As a sub-committee member, met with
the GOC on Wednesday. (4) Met with staff regarding revision of the resolution concerning
the senior citizen center.
(12) Mayor Hawks submitted the fOllowing. (1) Represented the City at a recep-
tion for an historian who is studying the Holland settlement. (2) Attended the Board of
Health meeting. He noted that Mr. Emery Nelson reported on his recent attendance at a
conference in Atlanta, where a small demonstration unit on small sewage plants was
utilized. He also noted that innovative methods are being used to address potential devel-
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opment in areas with high groundwater.
(13 ) The City Manager reminded the Commission of the meeting scheduled at the
Museum of the Rockies at 10:00 a.m. on Wednesday regarding arrangements for the Presi-
dent's Reception to be held in conjunction with the Montana League of Cities and Towns
Convention.
(14 ) City Attorney Becker distributed a confidential memo to the Commission,
stating that on Friday, he and Attorney Don Herndon met with Greg Morgan in a settle-
ment conference on the Story case. He noted the meeting did not result in a settlement;
and the issue is now going back to District Court. He indicated that if the Commissioners
wish any additional information, he will discuss the matter with them on an individual basis
or in executive session.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
held on extension of
interim zonin
Building. nspectlOn
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Consent Items be approved 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 - 5:05 p.m.
Mayor Hawks declared a recess at 5:05 p.m., to reconvene at 7: 00 p. m. fo r 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 continued public hearing on an appeal of
the City-County Planning Board decision, as filed by David H. Nelson, representing
K-Mart Corporation, on a major site plan for Lots 1 and 2, Block 4. Westlake1s Fourth Sub-
division. The subject site is more commonly located at 1126 North 7th Avenue.
Mayor Hawks reopened the continued public hearing.
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Assistant Planner Tom Sheely presented the staff report. He stated the applicant
is appealing the conditions placed on the major site plan for adding a 26,000-square-foot
addition to the existing K-Mart store located at 1126 North 7th Avenue. He noted that on
June 5, the City-County Planning Board made its decision on this application; on June 5,
the applicant filed a notice of intent to appeal; and on June 11, the documented appeal was
filed. He reminded the Commission that this public hearing was scheduled for July 2, and
was continued at that time due to the applicant's inability to be present.
The Assistant Planner then highlighted the procedure to be followed for appeal of a
decision made by an advisory body, noting this is the first appeal to be addressed by the
Commission under the interim zoning ordinance.
Commissioner Frost questioned why sidewalks are not being required along West Oak
Street and West Hemlock Street from North 7th to North 5th Avenue, particularly since
that area east of North 5th Avenue is zoned for residential development.
The Planner responded neither of those streets are through streets at this time;
therefore, staff did not recommend that sidewalks be instal/ed.
Mr. Carmelo Cea, stated he is an architect who works in the headquarters of
K-Mart Corporation, and is their representative for this project. He then addressed each
of the twelve conditions for approval of the major site plan recommended by the
City-County Planning Board as follows.
1. The final site plan must cOntain all the submittal requirements as
specified in Section 18.52. 030 of the Zoning Ordinance including, but
not limited to:
-- Adjacent street rights-of-way within 150 ft. of site
-- Traffic flow information as approved by the Public Service
Director
-- Ten copies of a Landscape Plan certified by a Landscape
Architect licensed to practice landscape architecture in the
State of Montana
-- Permits required and status of applications
Mr. Cea stated that K-Mart has no problem with this condition and will comply.
2. The final landscaping plan shall comply with all mandatory provisions
of Section 18.50.100 D.5 and must earn a minimum of 30 points as
specified in 18.50.100 D.6;
Mr. Cea stated that K-Mart has no problem meeting this condition and will comply.
3. Any deviations from the above mentioned landscaping provisions of
the Ordinance must be approved as a variance granted by the City
Commission;
Mr. Cea stated that, since this condition is attached to the above item, the appli-
cant has no problem meeting it. He also noted no variance will be requested.
4. A landscaped or solid screening shall be installed along the entire
length of the east property line. Said screening shall be designed
according to Section 18.50.100.D.6a.4., unless otherwise approved by
the Planning Board;
Mr. Cea took issue with this condition. He noted that at the present time, there is
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a need to install landscaping or a solid screening at this time. He stated a willingness to
agree to the installation of such landscaping or solid screening at such time as development
occurs. He stated that under the present plan, K-Mart is refurbishing and expanding
stores in an orderly manner; and they wish to util ize as much of the monies available as
possible for those activities, rather than installation of landscaping and screening that may
not be needed for several years.
Commissioner Knapp noted that, considering the climate in this area, it takes a long
time to get trees to grow. She suggested that if small trees are planted at this time, they
will have adequate time to grow and provide a good screening by the time the property to
the east is developed.
Mr. Cea stated that, through experience, K-Mart has found that a combination of
fencing and vegetation is necessary to adequately screen the business and its attendant
noise from residential developments.
Commissioner Swanson suggested that the trees be planted at the present time, but
that screening be deferred until such time as development to the east occurs.
Mr. Cea stated that it is better to install the solid screening and plant the trees at
the same time, rather than trying to make it a two-phase project. He noted the area to
the east has been master planned for residential development; and the type of screening
for that type of development is different than from other commercial development.
City Manager Wysocki cautioned that, although the property to the east has been
master planned for residential development, a change in master plan designation and zoning
could cause a change in the type of development constructed. He noted that, no matter
what type of development occurs, the City will still require that screening and landscaping
be provided. He then asked Mr. Cea if K-Mart would agree to plant larger trees if the
City agrees to defer this condition through some mechanism, such as a letter of agreement.
Mr. Cea agreed. He then stated that under its new landscaping requ i rements,
K-Mart is planting minimum li-Inch caliper trees rather than the old standards, which
were l-inch minus caliper.
5. City standard sidewalks within a public sidewalk easement shall be
provided along North 7th Avenue between Hemlock and Oak Streets,
excepting Lot 1, Block 1 of Westlake's Second Filing frontage;
Mr. Cea stated he has no problem with this condition.
Commissioner Swanson suggested that the applicant be requested to install sidewalks
along West Hemlock Street and West Oak Street between North 7th Avenue and North 5th
Avenue at the time that development occurs d' of North 5th Avenue.
6. The applicant (K-Mart) shall demonstrate that they have a long-term
(at least 25 years from date of approval by Planning Board) right of
access directly to North 7th Avenue to assure the current traffic plan
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will be viable over the long term;
Mr. Cea stated that K-Mart has a signed agreement which provides for access to
North 7th Avenue. He then indicated he will furnish a copy of that agreement to the
City.
7. The applicant shall provide a waiver of right to protest creation of a
Special Improvement District (SID) for street and appurtenant im-
provements to North 5th Avenue between Oak and Hemlock Streets;
Mr. Cea stated he had an extensive discussion with Planning Director Epple regard-
ing this condition. He expressed concern about signing a waiver of right to protest the
creation of an SID, when there are no figures being provided. He noted it appears that
the State statutes in Montana provide some protection because the applicant may still pro-
test the method of assessment; however, the applicant would prefer more protection. He
stated that K-Mart is willing to participate in the street improvements, but only in their
proportionate share.
City Manager Wysocki noted that under this requested waiver, the applicant would
typically be responsible for the costs of one-half a local street standard (17 feet of mat),
including curb, gutter and sidewalk. He stated that he does not wish to attach a dollar
amount to such a project, particularly if it is not constructed for ten years.
Mr. Cea stated that the parameters set forth by the City Manager would be ade-
quate. He also noted a willingness to install sidewalks along West Oak Street and West
Hemlock Street from North 7th A venue to North 5th A venue at the time that development
occurs east of North 5th Avenue, as suggested earlier by Commissioner Swanson.
8. The applicant shall agree to participate in the cost (estimated to be
about. $10,000) for city crews to pave North 5th Avenue from
Tamarack to Hemlock with recycled pavement millings. The appl i-
cant's level of participation would be determined through post-paving
traffic counts and would be limited to a maximum of 50 percent of the
project costs;
Mr. Cea noted that this project has already been started. He then stated that he
has been authorized to offer the City $3,500 as K-Mart1s contribution to this project, in
lieu of this condition as stated.
The City Manager asked the Commission if they would be willing to accept the
proffered $3,500. Following discussion, Commissioner Knapp suggested that the City not
accept the proffered $3,500 but limit K-Mart's participation to a maximum of 40 percent of
the project costs. Both the Commissioners and the applicant concurred.
9. The applicant shall sign a waiver of right to protest the creation of
an SID for installation of a 7th Avenue traffic signal at their west en-
trance or at Oak Street. The waiver would be exercised when future
traffic counts demonstrate a signal in this area is needed, or in con-
junction with FAU project--19th and Oak.
Mr. Cea expressed concern about this condition, since it contains no parameters on
the waiver; and the applicant wishes limited exposure. He then suggested that K-Mart
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would be willing to contribute jointly with the City to hire an independent consultant to
conduct a traffic impact study which would determine the extent to which the applicant is
to participate in the costs of the traffic signal. He noted that an agreement specifying
that requirement could be executed at this time, to address this condition.
Following discussion, the Commission concurred that an independent consultant
would be utilized for the traffic impact study.
10. All signs on the subject property shal I be brought into compl iance
with the Interim Sign Code;
Mr. Cea stated that the K-Mart Corporation has a new sign program. with a new
logo, which it is just beginning to implement. He then requested that elimination of the
existing sign be in accordance with the amortization schedule contained in the zoning or-
dinance, stating a desire to retain the existing sign until the new type of sign can be in-
stalled. He noted that there is only one existing sign; and that is located on the build-
ing, which is a substantial distance from the street. He noted that under the new revised
plan, the size of the sign on the building would be reduced; and the landscaping in the
parking lot would be increased to meet the points necessary for installation of a sign clos-
er to the road.
The Commission referred this item to the Design Review Board, in accordance with
the interim zoning ordinance.
11. Landscaping and signs on the subject property shall be reviewed by
the Design Review Board and brought into compliance with the re-
quirements of Section 18.43.050 (Design Criteria and Development
Standards) of the Interim Zoning Ordinance;
Mr. Cea noted this condition is self-explanatory, and is tied to the above condition.
Mr. Cea then submitted to the Commission a new proposed landscaping plan which
meets the minimum 30 points needed. He indicated that they will plant additional trees in
the setback area to meet the points required.
Responding to a question from Mayor Hawks, Planner Sheely stated that if the ap-
plicant submits a plan for signage and landscaping that does not meet the interim zoning
requirements, it must be referred back to the Design Review Board for consideration. He
noted that Board has two weeks in which to make a decision, after which the item will
come back to the Commission for final decision.
Mr. Cea then stated that the proposed planter in the site triangle is to be installed
at ground level, with low-growing vegetation to be planted.
The Commission referred this item to the Design Review Board, in accordance with
the interim zoning ordinance.
12. An on-site water detention facility shall be provided for the new con-
struction as approved by the Director of Public Service.
Mr. Carmelo Cea reminded the Commission that the entire parking lot is currently
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paved. He noted that additional on-site water detention facilities will not be needed for
the new construction, because the roofing will bean exchange of one impervious surface
for another, thus having no impact on the amount of water run-off. He stated that
K-Mart is willing to install a catch basin that would limit the flow of water run-off, if the
hydrological calculations signed by a licensed engineer warrant.
Commissioner Frost noted that the Commission recognizes that no more water run-off
will be created by the expansion; however, this condition requires that the water be de-
tained on site rather than allowed to leave the site, where it may negatively impact another
person's property.
City Manager Wysocki asked Mr. Cea if he would be willing to accept calculations
prepared by City staff for the water detention facility.
Mr. Cea responded that would be acceptable, with the K-Mart Corporation engineer-
ing staff reviewing the calculations and recognizing that the work would be completed by
and reviewed by professionals.
Commissioner Swanson stated an interest in having the staff review and respond to
the latest design proposed by the applicant.
Mr. Cea requested that the Commission assist in finalization of this project as
quickly as possible, noting that K-Mart had hoped to complete construction and refurbish-
ing before the Christmas season. He noted that if the project cannot be approved in the
near future, K-Mart will be required to consider whether it wishes to continue pursuing
this project or to utilize the available monies elsewhere.
Mayor Hawks closed the public hearing.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission approve the application for major site plan for David H. Nelson, representing
K-Mart Corporation, for Lots 1 and 2, Block 4, Westlake's Fourth Subdivision, subject to
the conditions discussed at length above, except for Condition Nos. 10 and 11 which are
hereby referred to the Design Review Board for recommendations to be considered at next
week's meeting. 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.
B rea k - 8: 1 3 to 8: 1 7 p. m .
Mayor Hawks declared a break from 8 :13 p. m. to 8: 1 7 P . m . , in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Public hearin - Master Plan Amendment riculture--vacant to
Low-density esidential - Delaney and 24, T1S, R5E, MP
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(west of Mcl/hattan Road, south of Springhill Park Subdivision, east and north of River-
side Country Club)
This was the time and place set for the public hearing on a Master Plan Amendment
to change the land use designation from Agriculture--vacant to Low-density Residential,
requested by Delaney and Company, Inc. , for the southwest one-quarter of Section 24,
Township 1 South, Range 5 East, Montana Principal Meridian, more commonly located west
of Mcllhattan Road, south of Springhill Park Subdivision, and east and north of Riverside
Country Club.
Mayor Hawks opened the public hearing.
Planner Dave Skelton presented the staff report. He stated the subject parcel is
approximately 79 acres in size, and is more commonly known as being a portion of Certifi-
cate of Survey No. 606. He stated that the subject property is currently utilized for ag-
ricultural purposes. He then highlighted surrounding land uses, noting that this request-
ed master plan amendment would allow development of this parcel as an extension of exist-
ing land uses in the area.
The Planner then stated that the 1983 master plan designates development of the
subject area as a rural development node; and the 1990 master plan adopted by the City
Commission designates the subject area as a rural residential node. He reminded the Com-
mission that the County Commission has not adopted the same plan which was adopted by
the City Commission; therefore, no new master plan for the subject area has been formally
adopted to date. He then noted that the subject parcel is also located outside the one-mile
jurisdictional area of the interim zoning ordinance; therefore, the next public hearing must
also be held.
Planner Skelton then reviewed the various elements of the staff report for the mas-
ter plan amendment, which are based on the 1983 master plan. He noted that, following
review of the six criteria set forth for review of master plan amendments, the staff recom-
mended approval; and the City-County Planning Board concurred in that recommendation
following its public hearing.
The Planner then cautioned the Commission that discussion on this item Is to be lim-
ited to the master plan amendment only. He noted that the preliminary plat for the sub-
ject subdivision will be considered by the County Commission at their meeting to be held
tomorrow.
Mr. Mike Delaney, applicant, stated that the lots which will be created in the
Stonegate at Riverside Subdivision as a result of this master plan amendment will be ap-
proximately two to four times the size of the existing residential lots in that immediate ar-
ea. He noted that they will be from one to two acres in size, while those in surrounding
residential developments are from 10,000 square feet to one-third acre in size. Mr.
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Delaney then requested approval of this master plan amendment.
Ms. Amanda Cater, member of the Parks, Open Space and Trails (POST) Committee,
noted that some of the goals and policies in the 1990 master plan encourage the establish-
ment and maintenance of open spaces and trails. She stated that POST encourages the
creation of a trail system along the old railroad beds; and there is an old railroad bed
traversing the subject property. She then highlighted the trail that could be created,
running from the old depot north through Story Hills, past the East Gallatin Recreation
Area, to Springhill.
Mr. Mi ke Delaney stated that he shares the same concerns expressed by Ms. Cater.
He noted, however, that it may not be possible to follow the railroad bed from the City to
his property because it is in private ownership. He further noted that the railroad bed
traverses the subject parcel in a manner that would not lend itself well to such a proposal.
He stated, however, his plan to construct a foot trail around the edge of the parcel, not-
in9 that it lends itself well to such a proposal and provides a scenic tour.
Mr. Delaney stated that he has pursued the possibility of providing a trail system
from the East Gallatin Recreation Area to the north end of his development, noting that he
has been working with the property owners between the two sites and has received good
response. He noted that it does not totally follow the railroad bed, but does follow a suit-
able alternative in some areas.
No one was present to speak In opposition to the requested master plan amendment.
Mayor Hawks closed the public hearing.
I t was moved by Commissioner Knapp, seconded by Commissioner Goehrun9, that
the Commission approve the Master Plan Amendment to change the land use designation
from Agriculture--vacant to Low-density Residential, requested by Delaney and Company,
Inc. , for the southwest one-quarter of Section 24, Township 1 South, Range 5 East,
Montana Principal Meridian. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Com-
missioner Swanson and Mayor Hawks; those voting No, none.
This was the time and place set for the pUblic hearing on the Zone Map Change
from AS, Agriculture--Suburban, to RS-l, Residential-Suburban Country Estates, one-acre
minimum, requested by Delaney and ,Company, Inc., for the southwest one-quarter of Sec-
tion 24, Township 1 South, Range 5 East, Montana Principal Meridian, which is more com-
monly located west of Mc Ilhattan Road, south of Springhll/ Park Subdivision, east and
north of Riverside Country Club.
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Mayor Hawks opened the public hearing.
Planner Skelton presented the staff report. He reminded the Commission that this
application was considered under the City's zone code, rather than the interim zoning or-
dinance, because the subject property lies outside the one-mile jurisdictional area of the
interim ordinance. He noted that the Planning staff reviewed the requested zone map
change in accordance with the twelve criteria for such review. Following that review, the
staff recommended approval. He further noted that the requested change is in confor-
mance with the master plan amendment which was approved in the above agenda item.
The Planner stated that following its public hearing on this application, the
City-County Planning Board also recommended approval of the zone map change.
Planner Skelton stated that under this application, no City services will be extend-
ed to the subject property. He noted that primary access will be from Springhill Road,
which can easily accommodate the additional traffic anticipated from this change in zoning;
and secondary access will be from Mcllhattan Road. He then noted that development under
the requested RS-l zoning designation would provide a natural extension of the existing
development in the area, which includes Springhill Park, Riverside Manor and Riverside
Greens.
Mr. Mike Delaney, applicant, requested Commission approval of this application. He
stated the proposed development which would occur under this rezoning would be a defi-
nite asset to the area. He noted his intention to provide a park-like setting which would
provide a natural extension of the golf course and would enhance both the development
and the golf course. He also stated his desire to protect and enhance the wildlife habitat
in that area, as well as provide ponds for the development through utilization and land-
scaping of Churn Creek.
Mr. Delaney stated he has worked diligently with the Board of Directors of the Riv-
erside Country Club In developing the plans for his project; and he has received a letter
of support from that organization.
Responding to a question from Commissioner Swanson, Mr. Delaney noted that Mr.
Wayne Edsall lives a short distance from the subject property; and he has a private air-
field on his property. He stated that Mr. Edsall has publicly announced his airfield, not-
ing that he does not oppose the proposed subdivision; however, has stated his intention to
continue using that airfield and that he wants potential residents of the new development
to be aware of those intentions.
No one was present to speak in opposition to the requested zone map change.
Mayor Hawks closed the public hearing.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission waive the one week waiting period. The motion carried by the following Aye
07-16-90
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and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Com-
missioner Swanson, Commissioner Knapp 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 from AS, Agriculture--Suburban, to RS-l, Res-
idential--Suburban Country Estates, one-acre minimum, on the southwest one-quarter of
Section 24, Township 1 South, Range 5 East, Montana Principal Meridian, more commonly
located west of Mcllhattan Road, south of Springhill Park Subdivision, east and north of
Riverside Country Club. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Com-
missioner Goehrung and Mayor Hawks; those voting No, none.
Setting of schedule for work sessions - review of budget for Fiscal Year 1990-91
City Manager Wysocki requested that the Commission establish a schedule of work
sessions for review of the budget for Fiscal Year 1990-91. He suggested that they set
four work sessions at this time, especially given the new format of the budget and the fact
that there are three new Commissioners who have not been through the process.
Following discussion, the Commission established the following schedule:
Monday, July 23, 7:00 to 9:30 p.m.
Monday, July 30, 7:00 to 9:30 p.m.
Tuesday, July 31, 5:00 to 7:00 p.m.
Monday, August 6, following 7:00 p.m. public hearings, if time allows
Monday, August 13, 7:00 to 9:30 p.m.
Adjournment - 9:20 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be ad-
jou rned . The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Knapp, Commissioner Goehrung, Commissioner Swanson
and Mayor Hawks; those voting No, none.
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