HomeMy WebLinkAbout1990-09-17
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
September 17, 1990
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, September 17, 1990, at 3:30 p.m. Present were Mayor Hawks,
Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson,
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.
Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be
removed for discussion. City Manager Wysocki requested that the deviation requested by
Baldy Mountain Sports be removed for discussion; Mayor Hawks requested that Commission
Resolution No. 2810, levying garbage collection assessments for Fiscal Year 1990-91, be
removed for discussion; and Commissioner Frost requested that the request for name
change from "ABC Park" to "Creekside Park" be removed for discussion.
Minutes - September 10, 1990
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
minutes of the regular meeting of September 10, 1990, be approved as amended. The mo-
tion carried by the following Aye and No vote: those voting Aye being Commissioner
Goehrung, Comm iss ioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor
Hawks; those voting No, none.
Presentation of key to 100th Montana I nternational Visitor
Mayor Hawks stated that the 100th international visitor to Montana is present at this
meeting.
Ms. Wendy Bay Lewis, Director of the Montana Council on I nternational Visitors,
introduced Mr. Anver Versi, a British journalist who is editor of the New African Life.
She stated that Mr. Versi, a resident of London, England, is visiting in the United States
during the month of September.
Mayor Hawks welcomed Mr. Versi to Bozeman, presenting him the Key to the City
since he is the 100th international visitor for 1990.
Mr. Versi thanked the Mayor for the Key, noting he is glad to be here.
This was the time and place set for the continued public hearing on the Conditional
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Use Permit requested by Cellular Information Systems, Inc. to allow construction of a
12-foot by 24-foot prefabricated equipment building and two telephone poles on a portion of
Tract 39A, Story Hills Plat. The subject site is more commonly located on Big Gulch Road
and is known as "Beacon Hill."
Mayor Hawks reopened the continued public hearing.
City Manager Wysocki submitted to the Commission a memo from Assistant Planner
Arkell to the City Attorney, along with a memo from the City Attorney to the Commission.
City Attorney Becker stated that he has been advised by the Planning Staff that
the notice requirements of the interim zone code have not been met for this appl ication.
He then recommended that, because of this technicality, the entire process shou Id be
started once again, including readvertisement and public hearing before the City-County
Planning Board. The City Attorney then stated that the applicant has indicated that if
the possible increase in the size of the building could create problems, he will maintain the
12-foot by 24-foot structure.
Assistant Planner Arkell submitted to the Commission a memo dated September 17
containing a recommended additional condition if the Commission decides it is appropriate to
complete the public hearing and make a decision at this time. She noted that condition
would require that the applicant provide documentation of legal access to the subject site.
She stated this condition has been recommended in direct response to the letter submitted
by Brondino & Associates, Agent for the Collier Family Trust, just prior to last week's
meeting. She stated that a review of the map indicates that access to the subject parcel
would probably be across this tract owned by the Collier Family Trust as well as one of
the tracts owned by Mr. Hudson.
Mr. Lyman Turley, Cellular Information Systems, Inc., confirmed the City Attor-
ney's comment regarding size of the structure, noting that the proposed 12-foot by 24-foot
building size will be retained to avoid potential problems with this application. He apol-
ogized that the list of property owners within 200 feet of the subject parcel was inaccu-
rate, noting it was an inadvertent error which occurred while reading the maps. He then
indicated that the company's attorneys are presently working with Mr. Reier's attorneys in
an attempt to obtain an access easement to the subject parcel. He stated that if a legal
access is not acquired, the company will not install its poles as requested under this Con-
ditional Use Permit.
Responding to a question from Mayor Hawks, Mr. Turley stated that he met with
Assistant Planner Arkell and City Attorney Becker this morning; and he understands the
need to begin the process once again and meet the publication requirements.
Mr. Dennis Semprini, resident of Bozeman and potential buyer in Story Hills, stated
he is an active recreationalist. He then stated he recognizes the problems which have oc-
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curred in trying to develop Story Hills, suggesting that action should be taken to address
the access problems and issues.
Mr. Semprini then stated his opposition to this application, noting that approval
would result in additional negative impacts on the skyline. He also expressed concern
about the additional electronic emissions, which could impact those around the installation.
He reminded the Commission that this subdivision was created as a primarily residential ar-
ea; and he does not feel any additional private business should be aI/owed.
Mayor Hawks closed the public hearing.
The City Manager reviewed the various options available at this time, suggesting
the most appropriate may be to refer this application back to the beginning of the process.
Commissioner Goehrung stated that, having dealt with Story Hills when he was a
member of the Board of Adjustment, he will not vote for this application unless proper le-
gal documentation is submitted to show that access has been provided. He stated he be-
lieves that is a very critical issue.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission refer this application back to Planning Staff, with the entire process to be re-
started, beginning with readvertisement of the notice of public hearings and notification to
all property owners within 200 feet at the applicant's expense. 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.
Re uest for permission
in res onse to denia 0
The City Manager submitted to the Commission a letter from Mr. Gary Reed, 821
West Mendenhall Street, requesting permission to address the Commission regarding denial
of his business license application. He also submitted a memo from Assistant Brey sug-
gesting that classification of use is the appropriate procedure to follow when considering
this request.
Planning Director Epple stated he is the staff member who denied the business li-
cense application after considerable deliberation. He stated that the subject property is a
part of Dave Jarrett's development just south of the University campus. He noted that
after considering this application at length, he determined that a pawn shop cannot be
construed as retail sales. He also noted that pawn shops are specifically listed in the
B-2, Community Highway Business, and B-3, Central Business, Districts; however, they
are not listed in the B-1, Neighborhood Business District. He also noted that the manner
in which the State statutes treat pawn shops is different from the way in which they treat
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retail businesses.
Commissioner Swanson suggested that if the Commission makes pawn shops a condi-
tional use in the B-1 zone, the public hearing process would then be required. He sug-
gested that would provide an opportunity for people in the immediate area to submit their
input.
The Planning Director indicated that is correct. He noted, however, that to accom-
plish that, a zone code amendment would first be required, then the conditional use pro-
cess. He then suggested that, rather than amending the interim zoning ordinance at this
time, it may be more appropriate for staff to accommodate that revision during adoption of
the new zoning code if determined desirable.
The Planning Director then suggested another alternative available to the applicant
would be to go through the planned unit development process. He noted that would elimi-
nate the need to go through the zone code amendment process and then the conditional use
process. He reminded the Commission that this process allows for site specific review; and
conditions could be attached to approval of the application.
Mr. Gary Reed, owner of Debo's Pawn Shop, stated he plans to maintain his exist-
ing pawn shop at 821 West Mendenhall Street; however, he wishes to open a second shop
close to the University campus. He then distributed to the Commission copies of the pawn
tickets which he requires be filled out for each seller. He noted that he purchases the
merchandise outright, and a repurchase agreement is entered into with the individual.
Mr. Dave Jarrett, owner of the property at 7 Tai Lane, stated that when Mr. Reed
first approached him, he was apprehensive about having a pawn shop business in his com-
mercial development. He stated that he checked with the Pol ice Department and found that
he operates his business in a professional manner. He noted that based on that informa-
tion, and after closely reviewing how business is conducted, he decided that the use would
be appropriate in his development. He stated that university students, who typically deal
in used merchandise, would probably utilize such a shop. He also noted that Mr. Reed
has indicated that he does not intend to deal in firearms at that particular location; and he
would make sure that such a provision was included in the lease agreement. He then en-
couraged Commission approval of this business license application.
Commissioner Frost stated support for requiring the applicant to go through the
planned unit development process. He suggested that approval of the application could
include a condition that firearms not be sold at that location.
Mayor Hawks expressed concern about neighborhood business districts, stating it
does not appear that uniform regulations are attached to the various B-1 zones in the com-
munity. He noted that the B-1 zones around the University seem to have a significantly
different character than other neighborhood centers. He then suggested that the planned
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unit development process may be the best way to address this subject application.
Commissioner Swanson stated support for the planned unit development process as
well.
Commissioner Goehrung noted that the businesses located around the perimeter of
the University campus seem to provide a buffer between the campus and residential devel-
opment. He noted that when the City was operating under the old zone code, consid-
eration was given to establishing a special university business district, suggesting that
might still be a viable option. He stated that a majority of businesses located in that area
are limited on the types of services that they offer.
Planning Director Epple reminded the Commission that the issue under consideration
is a classification of use, specifically a determination of whether a pawn shop is retail
sales. He noted that if the Commission does decide that pawn shops fit within the zone
code's definition of retail sales, then a business license will be issued. He noted that if
the Commission decides that pawn shops are not retail sa les , then the appl icant must
choose which process he wishes to follow.
Responding to comments from Commissioner Swanson, the Mayor noted that this is-
sue should possibly be submitted to the City-County Planning Board for consideration at
their special meeting to be held on September 24.
The Planning Director indicated that he will carry the issue to the Board for their
consideration during the work session.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission uphold staff's denial of the business license application for a pawn shop to be
located at 7 Tai Lane. The motion carried by the following Aye and No vote: those vot-
ing Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Com-
missioner Frost and Mayor Hawks; those voting No, none.
corridor overla district re ,uirements - Frank Co Ie,
Drive; approve per DRB
City Manager Wysocki reminded the Commission that he had requested that this item
be removed from the Consent Items. He noted that included in the Commissioners' packets
was a memo from the Planning Staff forwarding the Design Review Board's recommendation
for approval, along with a sketch of the proposed sign.
Planning Director Andy Epple presented the background information for this appli-
cation. He reminded the Commission that the applicant has receiVed a conditional use per-
mit to allow a convenience store with gas pumps and a ski rental shop in a "T" district.
He noted that in the past couple years, Mr. Coyle has made significant improvements to
the site in meeting the conditions for approval of that application. He reminded the Com-
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mission that a year ago, Mr. Coyle requested approval of a minor modification of that con-
ditional use permit to a second free-standing sign, so he could erect a 24-foot-high stan-
dardized Sinclair sign. He noted that he determined that request represented more than a
minor modification, so the issue was placed before the Commission, who denied the appl ica-
tion.
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The Planning Director stated that the Design Review Board did an informal review
of the project earlier this summer and just recently took formal action recommending ap-
proval of the deviation to allow a second free-standing sign which exceeds the 8-foot
height restriction.
The Planning Director stated that the subject parcel is more or less a corner lot,
since Bridger Drive runs along the front of the site and Bridger Center Drive runs along
the east side. He noted that under the interim zoning ordinance, businesses on corner
lots are allowed two free-standing signs to attract traffic. He stated that in this instance,
the busi ness wou Id be attempting to attract business from one street on Iy.
Planning Director Epple reminded the Commission that under the original conditional
use permit, a hand-painted sign with a permanently-mounted portable sign underneath was
approved. He noted that the hand-painted sign has been installed; however, the applicant
has since decided against the reader board format.
The Planning Director reminded the Commission of the two off-premise signs ad-
vertising Baldy Mountain Sports, one on Griffin Drive and one on North Rouse Avenue.
He noted the applicant has indicated a willingness to remove those unsightly signs upon
approval of a second free-standing sign.
Planning Director Epple stated that under this appl ication, an over-sized over-
height second free-standing sign would be installed. He noted that the 24-foot-high sign
is the minimum stock Sinclair sign available. He noted that the center line of Bridger
Drive is three feet higher than the property upon which the sign will be installed; there-
fore, the top of the sign will actually be 21 feet above the adjacent roadway.
Commissioner Frost noted that the existing site and sign are attractive. He ex-
pressed concern that the proposed Sinclair sign could detract from the existing sign and
site.
Mr. Frank Coyle, applicant, stated that Sinclair is pushing for the installation of
this type of sign. He stated it is their intent to attract a significant amount of traffic,
particularly credit card traffic. He stated that a significant discount is available to those
businesses who use the stock signs, and the sign he has proposed is the smallest avail-
able. He noted that his business is operated on a limited budget, and he wishes to take
advantage of this type of discount if possible.
Responding to a question from Commissioner Swanson, Mr. Coyle stated that the
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proposed 24-foot height would make the sign visible from Griffin Drive, thus attracting
more traffic. He also noted that the sign contains a reader board, which conforms with
the Federal requirement that all gas prices be posted.
City Manager Wysocki noted it has been the Commission policy that when leggy
signs are requested, some form of landscaping be provided underneath to visually lower
that sign.
Mayor Hawks stated concurrence in that observation, noting that he does not want
to redesign the proposal at this meeting.
Commissioner Goehrung stated this item was removed from the consent items at his
request. He then distributed to the Commission copies of the December 18. 1989 meeting
at which the Commission denied the request for a second free-standing sign. He then ex-
pressed concern about the procedure now in place, reminding the Commission that the new
sign code was supposed to be more restrictive. He noted that under the old process,
staff submitted its recommendations in a public hearing format; and the Commission, an
elected body which is responsible to the citizens in the community, made the decision. He
stated that under this new process, a volunteer board, with no accountability to the citi-
zens of the community, make their recommendations; and the Commission is to act upon
that recommendation under the consent items.
Commissioner Frost stated concurrence with CommissiOner" Goehrung's comments,
noting that it seems unfair to allow one applicant to put up such a sign, while instructing
others to take theirs down. He stated he does not believe the proposed sign is designed
for an overlay district. He also expressed concern that big companies are trying to set
sign standards for local governments, rather than working with local governing bodies to
develop signs that comply with their standards.
Commissioner Swanson noted that Mr. Coyle has done a good job of improving the
subject site. He then expressed discomfort with the height of the proposed sign as well
as the design around it. He suggested that this issue be referred back to the Design Re-
view Board, along with Commission comments so that further consideration could be given
to this application.
Commissioner Knapp concurred that the applicant has done a very good job in im-
proving the site and making it an asset to the community. She did, however, express
concern about the additional sign as propose9, u~der this application.
Mayor Hawks noted that, when compared to the immediate area, this subject site is
a real plus. He reminded the Commission, however, that the subject" site must be
compared to other areas of the community as well as the Commission's expectations. He
then expressed concern that to allow two free-standing signs would be stretching the code
provisions for corner lots, when that allowance anticipated two cross-streets. He then
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indicated support for Commissioner Swanson's proposal to refer this application back to the
Design Review Board.
Commissioner Goehrung stated he does not believe this application should be re-
ferred back to the Design Review Board. He then compared the existing decision-making
process under the new interim zoning ordinance to the Supreme Court, noting that it is
"capricious, arbitrary and whimsical." He further noted that the system strongly resem-
bles the "good old boy" system, but the age has changed. The Commissioner then stated
that he feels the guidelines for utilizing this process must be developed and spelled out so
that the business community knows what to expect, and so that the City may knowingly
react.
Commissioner Goehrung then stated that if the new zone code contains the same
sign code provisions as those in the Interim zoning ordinance at this time, he wi II vote
against its adoption.
Mayor Hawks noted that under the existing process, the Commission makes the final
decision.
Commissioner Frost noted that most zone codes are not flexible, stating that pro-
posals such as the one submitted by The Store could not be considered under that type of
system. He stated, however, that he feels that this application seeks "flexibility to the
point of becoming double jointed."
Responding to Commissioner Swanson, the Planning Director stated that no point
system for landscaping in conjunction with exceeding of signage regulations has been es-
tabli shed to date. He noted that the current process is architecturally oriented and sub-
ject ive .
Commissioner Frost stated that during the public hearings on the interim zoning or-
dinance, the Commission heard comments from the public indicating that they want flexibil-
ity so that options may be considered. He also noted that the professionals have acknowl-
edged that a flexible system is better than a rigid one.
Assistant to the City Manager Ron Brey stated that part of the dilemma that occurs
when considering deviations to the sign code is due to the fact that the deviation section
n design objective plans; and those plans and guidelines have not yet been devel-
noted that each area of the community will be addressed; and that process will
to three years) He noted that in the meantime, there is no basis upon which to
evaluate the individual applications. The Assistant then cautioned against referring this
application back to the Design Review Board, unless it is accompanied with fairly specific
recommendations.
"7 Mr. Frank Coyle stated that a substantial amount of the DRB discussion centered
around landscaping and the spindly-looking sign. He then stated that he proposes to
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plant several large trees on the site. some of them around the requested sign to minimize
its impact. He further noted that is one of Sinclair1s complaints about his proposal--the
company feels the visibility of the sign is dramatically impacted in a negative manner be-
cause of those trees.
City Manager Wysocki reminded the Commission that at the start of the sign code
process, the premise was to make the signs smaller,. more compact and more uniform. He
also noted that the new regulations were to make the process more predictable and con-
stant. He then concurred with Commissioner Goehrung's comment that the current process
is being conducted by people who are not accountable to the electorate.
Commissioner Frost stated that he has seen communities where 8-foot height stan-
dards are strictly enforced; and he has seen many company signs in that format. He then
asked if the individual companies have those signs available or whether a local sign compa-
ny makes them.
The Planning Director stated it is his understanding that the large companies have
the lower, smaller signs available. He suggested that if a large company cannot make a
sign which conforms to local standards, someone else probably can.
Planning Director Epple then reminded the Commission that the deviations involved
in this request include (1) second free-standing sign, (2) exceeding the 8-foot height re-
striction, and (3) exceeding the allowable aggregate square footage.
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission deny the application for deviations to the entryway corridor overlay dis-
trict requirements as submitted by Frank Coyle, Baldy Mountain Sports located at 621
Bridger Drive. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner
Swanson and Mayor Hawks; those voting No, none.
Responding to Mayor Hawks, the Planning Director indicated that Mr. Coy Ie may
seek informal review by the Design Review Board at this time if he wishes.
Commissioner Frost suggested that the Mayor write a letter to Sinclair stating sup-
port for Mr. Coyle's business and stating why this request has been denied. The Mayor
indicated his wi" ingness to write such a letter; the Commission concurred.
Mr. Coyle expressed dissatisfaction with the Commission's action, noting he has
watched approval of other sign requests which he feels are similar to his.
City Manager Wysocki stated that the current process is "free wheeling," and he
feels it is important some guidelines be established. He then suggested that the Commis-
sion may wish to tell the Design Review Board that an increase in the sign of up to 50
percent may be granted as the result of providing additional landscaping, within specified
pa rameters .
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Mayor Hawks expressed concern about establishing specifics, suggesting that a
"keep it reasonable" approach is desirable.
Responding to Commissioner Knapp, the Planning Director stated that the consul-
tants suggested the 8-foot height limitation on signs; and that proposal was viewed favor-
able by the decision makers. He then suggested that height limitation is open to reconsid-
eration prior to finalization of the zone code.
Commissioner Knapp stated she is not interested in having the city look like an ar-
my post; however, she suggested there should be some reasonable way to deal with sign
issues and allowing exceptions. She suggested that percentage of the size of the building
and traffic flow patterns might be items to be considered in such deliberations, noting it is
important that the signs not be obtrusive.
Commissioner Frost noted that 8 feet is the optimum height for a driver's viewing.
He noted that a driver must search for anything above 8 feet, in addition to the fact that
it may be partially obstructed by large mature vegetation.
The City Manager presented Commission Resolution No. 2810, as approved by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2810
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL
REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY
THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE
UNDER THE PROVISIONS OF ORDI NANCE NO. 696 OF THE CITY OF
BOZEMAN MUNICIPAL CODE.
The City Manager reminded the Commission that Mayor Hawks had requested this
item be removed from the consent items.
Mayor Hawks noted that the Commission received copies of "Exhibit B," which is the
matrix showing the assessments for the different sized dwelling units, just prior to the
Commission meeting. He indicated that he had asked this item be removed from the con-
sent items strictly so that this additional information could be noted.
The City Manager reminded the Commission that the base rate is $71.40, which is
the amount for a four-room one-unit structure. He then recommended that the Commission
provisionally adopt the resolution and set the public hearing for October 1, 1990.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission provisionally adopt Commission Resolution No. 2810, levying assessments for
garbage collection for Fiscal Year 1991, and set the public hearing for October 1, 1990.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
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er Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor
Hawks; those voting No, none.
"ABC Park" to "Creekside Park" (corner of North Rouse Ave-
; approve per recommen ations from Recreation and Parks d-
City Manager Wysocki reminded the Commission that Commissioner Frost had re-
quested this item be removed from the consent items.
Commissioner Frost stated that he had requested this item be removed so he could
publicly acknowledge the amount of work that one eagle scout can accomplish in only three
months. He then suggested that the Mayor write Mr. Dustin Maxwell a letter of thanks.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission approve the request to change the name of the park located at the northeast
corner of North Rouse Avenue and East Lamme Street from "ABC Park" to "Creekside
Parkll as recommended by the Recreation and Parks Advisory Board. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Frost, Commis-
sioner Swanson, Commissioner Knapp, Commissioner Goehrun9 and Mayor Hawks; those
voting No, none.
Fourth quarter budget review; budget amendments for same
City Manager Wysocki submitted to the Commission an extensive memo from Adminis-
trative Services Director Miral Gamradt setting forth the results of the fourth quarter
budget review along with the budget amendments necessary for year end closing.
The Administrative Services Director stated that this is the time when the books are
typically closed for the fiscal year that has ended on June 30. He stated that the general
fund expenditures exceeded the Commission's appropriations by .5%, or $23,277. He then
highlighted the other fund groups and items included under those activities.
The Director then reviewed the summary of revenues, noting that the amount of
property tax collections was higher than anticipated; and gambling revenues increased dra-
matically over the previous year. He stated that building permit fees were up, as well as
interest income; however, corporate I icense fees were down.
The Director then stated that some of the reserves from Fiscal Year 1990 will be
used to fund capital items such as removal of the underground storage tanks and the
transportation plan.
The City Manager recommended that the Commission acknowledge receipt of this
fourth quarter budget review and authorize the Mayor to sign the accompanying budget
amendments.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
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Commission acknowledge receipt of the fourth quarter budget review and authorize the
Mayor to sign the accompanying budget amendments. 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.
Continued discussion - provisions of sidewalk policy as set forth in Commission Resolution
No. 2728
The City Manager noted that included in the Commissioners' packets were the latest
revisions to the sidewalk policy.
Director of Public Service Phill Forbes highlighted the revisions, as follows.
The general statement has been revised to include reference to handicapped access,
as follows:
Construction and materials used shall be in accordance with standards devel-
oped and maintained by the City Engineer. All new street and sidewalk con-
struction as well as curb reconstruction shall incorporate handicap access in
accordance with accepted standards for said access.
Commissioner Frost suggested that "city standardsll be referenced in that statement
and that such standards be developed.
Following discussion, it was determined that the statement should remain as submit-
ted.
Under Implementation Policy No. 1 , reference to M-l, M-2 and PLI has been
re-inserted, as follows:
Sidewalks are required in all areas of the city. In M-l, M-2 and PLI zoning
districts, continuous internal pedestrian walkways may be substituted for
public sidewalks, at the discretion of the City Engineer.
The Commission concurred in the revision.
Implementation Policy No. 4 has been revised to reflect the three categories estab-
lished under IISelection Criteria, II noting those categories are prioritized in order of list-
ing.
Commissioner Knapp suggested that a statement be included to prompt review and
update of the provisions of this policy on a regular basis. The Commissioners determined
that such a statement should not be included; however, they decided it would be appropri-
ate for the Pedestrian/Traffic Safety Committee to review the policy on an annual basis to
determine if any revisions would be appropriate.
Mayor Hawks suggested that Category 3 be revised to state IIno future need at the
present time. II Following discussion, the Commissioners concurred that the language
should be revised to state IIno need apparent within five years according to the Selection
Criteria. II
Implementation Policy No. 7 has been revised as follows to more accurately reflect
the Commission's desires:
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Obstruction of adequate, safe vision between a level 30 inches above and 7
feet above the adjacent curb will not be allowed, e.g., no hedges, ever-
greens, or dense shrubbery. Appropriately spaced deciduous trees, traffic
control poles and utility poles do not constitute obstructions requiring
removal in accordance with this policy statement.
Mayor Hawks suggested that "safe vision" be changed to "safe viewing angles. II
Mayor Hawks suggested that Implementation Policy No. lObe revised to include lIex-
isting or proposed sidewalk on the front and/or side lot line(s)." He noted that if it is
anticipated that sidewalks will be required along the front and/or side lot lines at some
time in the near future, he does not feel it is appropriate to require those individuals to
pay for the sidewalk along the rear lot line and an arterial street when those who already
have sidewalks on the other sides are exempted.
The Director of Public Service concurred it may be appropriate to not require prop-
erty owners to pay for those sidewalks along the rear lot line if it is anticipated that side-
walks will be required along the front and side lot lines within five years.
Director of Public Service Forbes stated that under Selection Criteria No. III, def-
initions of IIsidewalk district II and "sidewalk special improvement district II have been includ-
ed as requested by the Commission.
The Commission requested that the proposed policy be brought back in resolution
form for action at next week's meeting.
Mayor Hawks suggested that the City's ordinances pertaining to sidewalks be re-
viewed to ensure that they correspond with this new policy.
Board and
City Manager Wysocki presented the proposed resolution creating the Bozeman Area
Bicycle Advisory Board, as prepared by Assistant to the City Manager Brey, entitled:
COMMISSION RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING THE BOZEMAN AREA BICYCLE ADVISORY BOARD
AND ESTABLISHING THE DUTIES AND RESPONSIBILITIeS THEREOF.
Assistant to the City Manager Ron Brey briefly highlighted the contents of the res-
olution and by-laws. He noted that several interested persons attended the session con-
ducted by the Seattle area bicycling enthusiasts; and since that time he has been working
with Commissioner Swanson to develop the proposed resolution and by-laws.
The Assistant noted that is new committee could help to ensure that the goals and
policies which the Commission has adopted in the new master plan are met.
The Assistant then stated that under this proposed resolution the Bozeman Area Bi-
cycle Advisory Board would be a five-member board with a majority of the members being
city residents. He indicated the terms would for one-year terms only so that those inter-
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ested in serving would not be intimidated by a long-term commitment.
Commissioner Swanson stated he feels it is important that this board give advice to
the Parks, Open Space and Trails Committee, so that input may be incorporated into their
master plan. He also noted that they could provide input on meeting elements of the
transportation plan, recognizing projects which need to be done to make cycling safer in
the community.
Commissioner Swanson then cited an example of unsafe areas, noting that during
the upcoming week, striping will be done along the southbound lane on South Willson Ave-
nue at its intersection with West Babcock Street to provide a bike lane through that inter-
section. He noted the driving lane is off-set at that location; and cars often do not pro-
vide adequate space for bicycl ists when traversing the intersection.
Commissioner Swanson then briefly highlighted some of the programs which have
been undertaken in the ten best bicycling cities in the United States, noting that those or
similar programs could be adopted and implemented in Bozeman.
Commissioner Swanson then thanked the members of the public who have reviewed
the resolution and by-laws and provided input during this process.
Mayor Hawks expressed concern about the language contained in the "conflict of in-
terest" section of the by-laws. He suggested that section should possibly be revised,
since he feels it may be too restrictive.
The Mayor then req ues ted that this item be placed on next week's agenda for
action.
Consent Items
The City Manager presented to the Commission the following Consent items.
COMMISSION RESOLUTION NO. 2811
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,' LEVYING AND ASSESSTNG L1CHTING DISTRICT MAINTENANCE
AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING
DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS
OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH
7-12-4333, M.C.A.
Commission Resolution No. 2812 -
e mquent snow rem ova ; provIsIonally
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adopt and set public hearing for October 1, 1990
COMMISSION RESOLUTION NO. 2812
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CER-
TAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO
DEFRA Y THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM
SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF ORDI-
NANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE.
set
COMMISSION RESOLUTION NO. 2813
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVY I NG AND ASSESSING SPRINKLING DISTRICT MAINTE-
NANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE
CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS
7-12-4401 THROUGH 7-12-4429, M.C.A.
137,000;
1990
COMMISSION RESOLUTION NO. 2814
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES
UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT
NO. 655 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE
IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 655.
Commission Resolution No. 2815 - fixin
for the execution and delIvery 0
ty therefor
COMMISSION RESOLUTION NO. 2815
RESOLUTION RELATING TO $137,000 SPECIAL IMPROVEMENT DISTRICT NO.
655 BONDS; FIXING THE FORM AND DETAILS- AND PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR.
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission approve the Consent items as submitted, and authorize and direct the ap-
propriate persons to complete the necessary actions. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung,
Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none.
Recess - 5:51 p.m.
Mayor Hawks declared a recess at 5:51 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
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Reconvene - 7:00 p.m.
Mayor Hawks reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
1329 and
oad and
more
This was the time and place set for the public hearing on a Zone Map Change from
R-S, Residential Suburban Country Estates, to HMUD, Historic Mixed Use District, as re-
quested by Hubert M. Reid, on Certificate of Survey No. 1329 and Tract 6 of the Bozeman
Creek Annexation. The subject property is more commonly located at the west end of Ice
Pond Road and is more commonly known as 310 Ice Pond Road.
City Manager Wysocki stated that the City-County Planning Board has not yet con-
ducted its public hearing on this application. He then recommended that this public hear-
ing be opened and continued until the Commission receives a recommendation from that
body.
Mayor Hawks opened and continued the public hearing until a recommendation has
been forwarded by the City-County Planning Board.
This was the time and the place set for the continued public hearing on a Condi-
tional Use Permit requested by Vern Essman, to allow construction and operation of a
2,310-square-foot dry cleaning establishment on a21 ,OOO-square-foot lot in the Southwest
quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian. The
subject site is more commonly located at 1102 West Babcock Street.
Mayor Hawks opened the continued public hearing. He then stated his potential
conflict of interest, since he owns the property immediately across South 11th Avenue,
stating that he will reserve his right to comment as a member of the audience. He then
yielded the gavel to Mayor Pro Tempore Swanson and stepped down from the dais.
Associate Planner Dave Skelton presented the staff report. He distributed to the
Commissioners copies of correspondence between the applicant's representative, Mr. Jack
Greenway, and the Planning Director regarding this project, per Mr. Greenway's request.
The Planner stated that this application is for a Conditional Use Permit to allow a commer-
cial planned unit development in an R-3, Residential--Medium Density, District. He noted
that the subject site is located in the southwest corner of the intersection of South 11 th
Avenue and West Babcock Street. He noted there are commercial uses to the north and
east, and residential uses to the south and west of the subject parcel.
09-17-90
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The Associate Planner then reviewed the site plan for this proposal, noting that the
dry cleaning establishment is to have a drive-up window on the southern side. He noted
that the existing structures are to be removed from the site under this application, with a
new building to be constructed. He indicated that access will be provided from South 11th
Avenue and West Babcock Street.
Associate Planner Skelton stated that the Planning staff reviewed the appl ication
and recommended approval subject to fourteen conditions. He stated that after listening to
concerns raised by residents in the area, basically evolving around increased traffic im-
pacts and the concern that this commercial use could lead to further infiltration into the
residential area, the City-County Planning Board voted to recommend denial of the applica-
tion.
The Planner reminded the Commission that this application was originally placed on
the consent items for the July 30 agenda; however, the applicant requested that it be
removed and placed before the Commission in public hearing mode. He noted that at the
August 20 meeting, the applicant requested that the public hearing be continued for a pe-
riod not to exceed six months; and the Commission gave him a four-week extension, to this
time.
Associate Planner Skelton stated that a question was raised earlier today about
whether proper notification was given of this public hearing. He noted that after the ap-
plicant asked to have' his application removed from the consent items on July 30, the staff
advertised and posted the site for the August 20 public hearing. He noted that since the
public hearing was continued to a time specific at that meeting, there was no requirement
for additional public notification.
City Manager Wysocki read into the record a letter of opposition submitted by
Robert and Barbara Arpin, 1115 West Curtiss Street, dated August 20, 1990. He further
noted that the Commission has received a petition of opposition, which was presented at
the Planning Board meeting held on July 17.
Mr. Jack Greenway, 1204 South Bozeman Avenue, stated he is the agent represent-
ing Mr. Vern Essman. He then showed the Commission pictures of similar dry cleaning
establishments in Billings, noting that the architecture of the buildings blends well with a
residential neighborhood. He stated that the applicant has tried to comply with the spirit
as well as the letter of both the new master plan and the interim zoning ordinance in de-
veloping this proposal. He noted that last-minute changes have been made to address
Planning Board concerns, including additional berming and landscaping along the south
side of the property.
Mr. Greenway then read the header of the petition which the opposition submitted
at the Planning Board, which indicates in part that the north side of West Babcock Street
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is basically the dividing line between commercial and residential uses. He stated that
driving down that street reveals that 15 blocks along the north side of West Babcock
Street are commercial, while commercial uses are interspersed in seven blocks along the
south side.
Mr. Greenway stated that one of the concerns expressed by residents in that area
is that the property adjoining this subject site on the south would also be developed in a
commercial manner if this application is approved. He noted that the adjacent property is
currently on the market--as a residential use. He stated that to change the use would re-
quire an amendment to the master plan as welt as a rezoning, which must both be pro-
cessed through the public hearing process.
Mr. Greenway then submitted to the Commission a petition of support for this proj-
ect, containing 75 signatures. He read the header for this petition, noting that those who
have signed feel that the area is adequately protected from more commercial development
along South 11 th Avenue and indicating that this application will not adversely affect prop-
erty values in the area.
Mr. Greenway stated that the traffic impact analysis has indicated that the subject
proposal will have a minimal impact, increasing the amount of traffic by only 1 percent.
He stated that on a nation-wide basis, people do not drive out of their way to go to a dry
cleaning establishment, but utilize one that is on the way. He stated that Mr. Essman has
agreed to accept any kind of requirements to mitigate the traffic problems at the inter-
section, including participation in the costs of installing a traffic signal if that is deemed
necessary.
City Manager Wysocki asked for a copy of the traffic impact analysis; Mr. Greenway
responded a copy has been flied with the Planning office.
Mrs. Glynda Bouldin, 115 South 11th Avenue, stated she lives in the house immedi-
ately to the south of the subject property. She stated that, as the mother of three chil-
dren under six years old, she is concerned about their safety with the additional traffic
on that site. She noted that the hou rs of operation a re to be from 7: 00 a. m. to 6: 00
p.m.; and the drive-in window Is to be located less than 25 feet from her bedroom win-
dow. She expressed concern about the noise that wi" be attendant with such an opera-
tion, noting that she can clearly hear orders being taken at Rax, which is across Babcock
Street from the subject property.
Mrs. Bouldin also expressed concern about the manner in which trash will be col-
lected from the subject site. She noted that since this is a commercial venture, Waste
Management will utilize dumpsters for garbage collection; and the normal time for collection
in that area is 4:30 a.m.
Mrs. Bouldin stated that traffic in that area is already a real hazard; and the in-
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tersection of South 11 th Avenue and West Babcock Street has a substantial amount of traf-
fic backed up during peak hours. She noted that Mr. Essman has projected that his peak
hours of business will be from 5:00 to 6:00 p.m.; and that is when the intersection is al-
ready dangerous. She stated that people entering and exiting that corner lot will only in-
crease that danger.
Mrs. Bouldin then stated she does not feel the proposed project is compatible with
that residential neighborhood and encouraged disapproval of this appl ication.
Mr. Bob Hawks, 703 West Koch Street, stated he had three concerns, two of which
have been addressed. He noted it appears that the legal notification requirements have
been met for this public hearing. He stated the interim zoning ordinance requires that a
commercial planned unit development blend into the neighborhood; and the pictures which
Mr. Greenway has passed around would adequately conform in an architectural manner.
Mr. Hawks then addressed his third concern, which is traffic at that offset inter-
section, which is already a problem. He noted that the intersection will continue to be a
problem until it is addressed at some point in the future. He stated that th is proposed
use is to increase traffic particularly during peak hours, in a pattern that is different
from the existing flow; and suggested that cou Id cause additional problems. He then ex-
pressed concern about the impacts that this could have on that already hazardous inter-
sect ion.
Associate Planner Skelton stated that under the 1990 master plan, the subject area
may develop at 3 to 15 dwellings per acre, which ranges from single-family to four-plexes;
or a commercial venture may be allowed on this subject site through the conditional use
process since it is located at the intersection of a collector and an arterial. He stated that
for commercial development to occur on either side of this subject property, a master plan
amendment and a zone map change would first be necessary.
.
Commissioner Swanson asked the Associate Planner to review the conditions for ap-
proval as recommended by staff; the Associate Planner did so, reminding the Commission
that conditions set forth by the Design Review Committee are technical in nature. The
Planner also indicated that no conditions were recommended by the City-County Planning
Board, since they recommended denial of the application.
Mr. Jack Greenway responded to some of the concerns which had been expressed.
He indicated that the garbage created by this type of activity is minimal, probably one
garbage bag per week. He stated that the applicant has been willing to install more land-
scaping than required under the code in an attempt to mitigate problems to adjacent res-
idential developments. He indicated that the dry cleaning system to be installed would be
state of the art, producing very little residue; and the applicant would be willing to install
a monitoring system to ensure that any discharge to the sewer system would be safe.
09-17-90
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Mayor Pro Tempore Swanson closed the continued public hearing.
Commissioner Frost stated three concerns about the proposed project: (1) it is go-
ing into a residential area; (2) the proposed building looks a lot like the Pizza Hut further
down the street, only with blacktop surrounding it and no trees proposed along South 11th
Avenue; and (3) the intersection of South 11th Avenue and West Babcock Street, which is
already an atrocious corner.
Mr. Jack Greenway responded that no trees were proposed along South 11th A venue
because of the need to provide an adequate site triangle.
Commissioner Knapp quoted Sections 18.54.020.L. and 18.54.020.M. of the interim
zoning ordinance, pertaining to planned unit developments; and stated she does not believe
this application compl ies with those statements.
Commissioner Goehrung expressed concern about the traffic impacts this proposed
development might have on the subject intersection.
City Manager Wysocki stated an interest in comparing the two petitions to see how
many people have theoretically changed their minds about this proposed project. He a I so
suggested that a review of the traffk impact analysis may be beneficial, including traffic
flow as well as numbers.
Mayor Pro Tempore Swanson stated that a decision wi" be forthcoming at next
week's meeting. He then returned the gavel to Mayor Hawks.
Public hearing - Deviations to 1-90 interstate corridor overlay district - Wild West Compa-
ny, 1400 North Rouse Avenue
This was the time and place set for the public hearing on deviations to Section
18.43.050. C. , Parking Standards; Section 18.50.100.D.5.d., Street Frontage Landscaping;
and the requirement for concrete wheel stops for off-street parking spaces, as requested
by Wild West Company. The subject parcel is located in the 1-90 interstate corridor over-
lay district and the North Rouse Avenue overlay district; and the common address is 1400
North Rouse A venue.
Mayor Hawks opened the public hearing.
Assistant Planner Debbie Arkell presented the staff report. She stated this was
inadvertently advertised as a public hearing, although under the interim zoning ordinance
it could have been considered on the afternoon's consent agenda. She briefly highl ighted
the project, which is a 47,608-square-foot addition to the existing structure. She noted
that the addition is to be completed In two phases.
The Assistant Planner stated that requested deviations would allow a portion of the
paved parking lot to be located within the 50-foot setback from the interstate corridor,
since that portion of the lot cannot be seen from the interstate. Also, the exi sting
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landscaping on the site far exceeds the minimum requirements of the interim zoning ordi-
nance; and staff would suggest that additional landscaping not be required for this addi-
tion. She noted that the applicant has requested that he not be required to install con-
crete wheel stops in front of the snow removal area; and staff has recommended approval
since those wheel stops would be destroyed by the snow removal equipment in a short
period of time.
The Assistant Planner stated that following its review of this application for the
three listed deviations, the Design Review Board recommended approval subject to fourteen
conditions.
Commissioner Frost stated that the subject building, as well as the proposed addi-
tion, are flat roofed. He then noted that the existing building has a drain from the back
which runs underground and deposits the water in a detention facility at the back of the
lot.
Assistant Planner Arkell concurred. She then stated that the new structure will
have a similar drain system. She also noted that the appearance of flat roofs in the
entryway corridor is a concern; however, she noted that no mechanical equipment is locat-
ed on the existing roof; and none is planned for the new roof.
Mr. Don Cowles, applicant, indicated he is willing to accept the conditions as
proposed.
No one was present to speak in opposition to the requested deviations.
Mayor Hawks closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission waive the one week waiting period. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis-
sioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission approve deviations to Section 18.43.050. C. , Parking Standards; Section
18.50.100.D.5.d., Street Frontage Landscaping; and the requirement for concrete wheel
stops for off-street parking spaces, as requested by Wild West Company, 1400 North Rouse
Avenue, which is located in the 1-90 interstate corridor overlay district and the North
Rouse Avenue overlay district, subject to the following conditions:
1. A drainage plan demonstrating adequate site drainage (including suf-
ficient spot elevations), storm water detention area(s) (including ba-
sin sizing and discharge calculations) and the storm water discharge
destination must be provided to and approved by the City Engineer's
Office;
2. If a new 4-inch water service is to be installed for a building sprin-
kler system, plans and specifications bearing a Professional Engineer's
stamp must be provided to and approved by the City Engineer's Of-
fice;
09-17-90
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3. A Waiver of Right to Protest Creation of an SID for street improve-
ments equal to one-half of a local street standard, including curb and
gutter, on North Rouse Avenue must be signed by the property own-
er;
4. All existing building water and sewer lines must be shown on the fi-
nal site plan;
5. Concrete curbing shall be installed around the perimeter of the park-
ing lot area, or an alternative curb design must be installed as ap-
proved by the Director of Public Service;
6. Any deviations from the requirements of the Interim Zoning Ordi-
nance, including the 50 foot parking setback for a Class I Entryway
corridor, must be approved by the City Commission;
7. The final landscape plan must meet all requirements of Sect ion
18.50.100. D. 3. d. 7., including the provision of a landscape legend and
delineation of all grassed. areas on the site;
8. The final landscape plan shall include a landscape buffer strip along
the entire length of public street frontage on Bond Street as per Sec-
tion 18.50.100.D.5.a. of the Interim Zoning Ordinance;
9. The final landscape plan shall meet the requirements of Sect ion
18.50.100.D.5.d. including the location of all required street frontage
landscaping within the street right-of-way on Bond Street;
10. Concrete wheel stops and pavement striping must be provided for all
required parking spaces and included on the final site plan;
11. Three copies of the final site plan, containing all the conditions, cor-
rections and modifications approved by the Development Review Com-
mittee (DRC), shall be submitted for review and approved by the
Planning Director within six months of the date of DRC approval.
One signed copy shall be retained by the Planning Department, one
signed copy retained by the Building Department, and one copy re-
tained by the applicant;
12. If improvements are not installed prior to final site plan approval, the
applicant shall enter into an Improvements Agreement with the City.
Detailed cost estimates, construction plans and methods of security
shall be made a part of that Agreement;
13. I f occupancy of the structure or commencement of the use is to occur
prior to the installation of improvements, the Agreement must be
secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet
installed; and
14. All on-site improvements for Phase I shall be completed within 18
months of approval of the final site plan and all improvements for
Phase II shall be completed within 36 months of Final Site Plan ap-
proval.
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.
Publ ic hearin - Brentwood Subdivision (re latted)
ocated In t e
This was the time and the place set for the public hearing on the Preliminary Plat
requested by Michael Garrity for Brentwood Subdivision (replatted). The subject property
is located in the Southeast one-quarter of Section 2, Township 2 South, Range 5 East,
Montana Principal Meridian, and is more commonly located north of Durston Road at North
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22nd Avenue.
Mayor Hawks opened the public hearing.
Assistant Planner Debbie Arkell presented the staff report. She stated that under
this replattin9 of Brentwood Subdivision, formerly known as Annie Subdivision, the lot
lines will be adjusted slightly to make larger lots, which will eliminate one lot in Block 2.
She reminded the Commission that in 1988, the change was made from Annie Subdivision to
Brentwood Subdivision; and the names of the streets within that subdivision were changed
at that time as well as some easement requirements. She noted that the subdivision was
originally zoned R-MH; however, that zoning has since been changed to R-2A. The exist-
ing mobile homes are allowed to remain In that subdivision; however, no new ones may be
added.
The Assistant Planner stated that this replatting will place all properties within this
subdivision on one plat, which they are not at the present time. She noted that this in-
cludes an eleven-acre lot which would contain only one house if developed under this plat.
Assistant Planner Arkell stated that the staff reviewed this application in light of
the eight criteria set forth for subdivision review and found it to be in compliance. She
stated that the City-County Planning Board conducted its public hearing on this prelimi-
nary plat and recommended approval subject to seven conditions. She noted the Planning
Board further recommends that the requirements for an environmental assessment and com-
munity impact statement be waived since this application represents replatting of an exist-
ing subdivision.
Responding to Mayor Hawks, the Assistant Planner stated that the concept of a
waiver of protest to participation in park maintenance districts is a new one which the
City's Park Department has implemented. She stated that such districts have not yet been
created; however, under this recommended condition, the applicant would be unable to
protest the creation.
Commissioner Goehrung asked how the eleven-acre parcel is to be developed.
Mr. Michael Garrity, Garrity Homes, applicant, responded that at the present time,
he has no specific plans for that parcel. He stated, however, that when that lot is
changed, it will not impact any of the parks or the lots that are being replatted under
this application.
Mr. Dennis Foreman, Gaston En9lneering, stated that the eleven-acre lot is included
in the plat simply so that the subdivision is included on one plat instead of the current
five. He indicated this will simplify research of records at the Gallatin County Clerk and
Recorder's Office.
Responding to Commissioner Goehrun9, Mr. Garrity stated that the lots created un-
der this subdivision are approximately the same size as the larger existing lots.
09-17-90
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Mayor Hawks closed the public hearing.
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission waive the one week waiting period. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung,
Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission approve the Preliminary Plat requested by Michael Garrity for Brentwood Sub-
division (replatted), which is located in the Southeast quarter of Section 2, Township 2
South, Range 5 East, Montana Principal Meridian, subject to the following conditions:
1. That the existing 20-foot utility easement along the west side of Minor
Subdivision No. 76 ( Lot 13, Block 4), the Oak Street right-of-way
which was platted with Minor Subdivision No. 76, and the sewer ease-
ment obtained by the school district which runs east/west through the
private park west of Block 1 be shown on the final plat;
2. That the existing center line of the irrigation/drain ditch on the east-
ern boundary of Lot 13, Block 4, along with a 10-foot-wide mainte-
nance easement, be shown on the final plat;
3. That the 20-foot wide private linear park be continued along the
northern bounda ry of Lot 13, Block 4, and be shown on the final
plat;
4. That a weed control plan shall be submitted for review and written
approval of the County Weed Control Board prior to final plat ap-
proval;
5. That all owners of record of property within Brentwood Subdivision
(Replatted) sign the appropriate Platting Consent Certificate on the
final plat prior to filing;
6. That Michael Garrity for Garrity Homes sign a Waiver of Protest to
Participation in Park Maintenance Districts, and that the waiver be
filed with the County Clerk and Recorder prior to final plat approval,
said waiver to include all lots currently owned by Garrity Homes;
7. That the final plat contain all required certificates and appropriate
language as required by the Bozeman Area Subdivision Regulations.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor
Hawks; those voting No, none.
Mr. Michael Garrity stated that the staff in all City departments have been very
responsive over the past two years. He noted that he does not always agree with those
responses; however, he does appreciate the attitudes of the City employees with whom he
has worked.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Informa-
tion" items.
(1 ) Agenda for the Highway Commission meeting to be held in Bozeman on Fri-
day, September 21, at the Public Library.
09-17-90
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(2 ) Letter from Mardella B roc k , 221 South 5th A venue, dated September 10,
1990, regarding trees, sidewalks and recycling.
(3) Agenda and packet for the City-County Planning Board meeting to be held at
7: 00 p. m. on Tuesday, Septembe r 18, in the Commiss ion Room.
(4) The City Manager presented his weekly report as follows. (1) The UCT
Building will be formally turned over to the City on October 1. I n the meantime, work
may be done on the exterior of the building; and work on the interior of the building will
be scheduled for the first two weeks of October. (2) Agreement has been reached with
the UCT Board on the amoun~ to be paid for the various items which they have purchased
and which are currently in the building. (3) Work is being done on an agreement with
the Headwaters Academy for use of the building and how credit for work done on the
building will be handled. (4) The auditors are doing their fieldwork. He suggested that
the Audit Committee may wish to set a meeting within the next couple weeks to discuss any
potential problems with the auditors. Commissioner Swanson and Mayor Hawks set the
meeting for 3:00 p.m. on Monday, September 24. (5) Staff is spending a considerable
amount of time working on a response to the State regarding the Buttrey's Shopping
Center problem. (6) Staff has spent substantial time preparing the resolutions which
appear on this agenda. (7) Preparations have been continuing for the League Convention.
He noted that the Missoula delegation has requested that their meeting with the Bozeman
City Commissioners be changed from 9:00 p.m. on Thursday to 7:30 a.m. on Friday. (8)
Agreement has been reached with a private company for picking up of white goods at the
landfill. (9) Announced a Tax Reform Coalition meeting set for 7:30 a.m. on Tuesday,
"
September 18, at the Baxter. He suggested that it may be good to attend this meeting,
since the League may be taking a position on their proposal during the Convention to be
held later this week.
(5) Commissioner Swanson submitted the following. (1) The Perkins Place com-
mittee met on Friday, and reviewed some possible short-term solutions. He noted that a
meeting is set for Friday, September 28, to consider some possible long-term solutions.
He suggested the possibility of lowering the speed limit from 15 mph to 10 mph was dis-
cussed. (2l Attended the Superfund site meeting at Idaho Pole on Thursday afternoon.
(3) Met with staff on Friday regarding Valley Unit. (4) Announced his intention to attend
the Tax Reform Coalition meeting tomorrow morning.
(6) Commissioner Knapp submitted the following. (1) Stated she has been ques-
tioned by several people about whether the traditional users will be allowed to continue
using the UCT Building, as well as who will be responsible for scheduling of the building.
The City Manager responded that operations and reservations will be through the Recrea-
tion Department. He noted that the City has agreed to honor all reservations which have
09-17-90
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- 26 -
been made. She then asked if the building will be available on evenings and weekends for
the various types of activities that have been conducted there; the City Manager respond-
ed in the affirmative. (2) Requested that her absence from the meeting of October 15 be
placed on next week's agenda. She indicated that she is to attend a Regional Governor's
Preconference meeting in Helena which will end about 3:30 p.m. that day, so she will be
present for the evening session if there is one. (3) Attended the first session of Lead-
ership Bozeman I lion Thursday. She noted the next session is scheduled for Thursday,
which will preclude her attendance at the League Convention during the day. (4) At-
tended the Library Board meeting on Friday. (5) Attended the Interagency Breakfast on
Wednesday.
( 7) Mayor Hawks submitted the following. (1) Distributed copies of a letter from
Jim Banks, 7 Hill Street, dated September 10, regarding sidewalks in Westridge Subdivi-
sion. (2) Stated that Howard Busching contacted him about commemoration of UN Day on
October 24; and he appointed Mr. Busching as the head of the committee to coordinate
those activities. The Commission indicated concurrence in that appointment. (3) Met with
Commissioner Frost and County Planner Mary Kay Peck to review the .master plan maps in
preparation for the Wednesday morning meeting with County Commissioners.
(8) Commissioner Goehrung submitted the following. (1) Attended the press
conference on the asbestos sites last week. He noted air quality monitoring is to be done
in those two sites. (2) Attended a meeting in Helena on Friday, where the committee on
solid waste issues finalized recommendations to be forwarded to the Environmental Quality
Council on October 2 in Butte.
(9) Commissioner Frost submitted the following. (1) Met with County Planner
Mary Kay Peck, as Mayor Hawks noted above. (2) Attended Interagency Breakfast on
Wednesday. (3) Attended the Superfund site meeting at Idaho Pole on Thursday. (4)
Attended the Perkins Place committee meeting on Friday, as noted by Commissioner
Swanson above. (5) Distributed copies of an article from Planning Magazine showing a
drawing of a subdivision in Cranberry, New Jersey, that has 16-foot streets with side-
walks.
Adjournment - 8 :32 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad-
journed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung
and Mayor Hawks; those voting No, none.
09-17-90