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HomeMy WebLinkAbout1988-12-05 30 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 5, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Bui Iding, December 5, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Vant Hull , Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney I Becker and Clerk of the Commission Sullivan. Comm iss ione r Hawks was absent in compl iance with Section 7-3-4322(2), M.C.A. 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 dis- cussion. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of November 21, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commission- er Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Mayor Stiff noted that action on the minutes of the regular meeting of November 28, 1988 wi II be taken at next week's meeting. Open bids - Improvements to the Lyman Creek water supply This was the time and place set for the opening of bids for improvements to the Lyman Creek water supply. The affidavit of publication of the call for bids was presented. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be opened and read aloud. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Stiff; I those voting No, none. The following bids were then opened and read: Total Bid Coleman Construction, Inc. Dillon, Montana License No. 6231A $670,562.62 Clause Excavating Billings, Montana License No. 5625A $716,829.50 NELCON, Inc. Missoula, Montana License No. 6292A $633,379.90 COP Construction Company Billings, Montana License No. 543A $671,510.75 Sime Construction, Inc. Bozeman, Montana License No. 5354A $667,271.20 Pioneer Ready Mix Bozeman, Montana License No. 6503A $735,000.00 It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the I bids be referred to staff for review and a recommendation to be submitted at next week's meet- ing. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commission Resolution No. 2732 - establishing a policy regarding vacation of streets and alleys City Manager Wysocki presented Commission Resolution No. 1232, as prepared by the City Attorney, entitled: 12-05-88 31 COMMISSION RESOLUTION NO. 2732 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, ESTABLISH I NG THE PROCEDURE FOR THE VACATION OF ANY STREET, ALLEY OR PORTION THEREOF. The City Manager stated that two different proposals have been submitted. He noted the first draft provides for reimbursement of costs incurred in the vacation. The second draft in- I cludes provision for reimbursement of costs as well as a payment for the property, based on fair market value. City Attorney Becker stated that the second draft is based on the City of Billings policy. He expressed concern about being unable to find statutory provision for the Billings policy. He noted that a conversation with the City Attorney from Billings revealed that the resolution has been on the books and has been utilized for several years; and no one has challenged them on it. The City Attorney stated that the term "vacation" means "giving up". He indicated that Section 7-14-104, Montana Code Annotated, allows for vacation of streets and alleys and for the reimbursement of costs incurred, such as advertising, review by the City Engineer, and filing at the Clerk and Recorder's Office. It does not, however, authorize sale of the property for fair market value. The City Attorney noted that another section of the Statute refers to disposal of surplus City property, which requires the public auction process. He then expressed concern that two separate statutes have been combined in the second draft submitted. City Manager Wysocki reminded the Commission that the City of Billings and the City of Bozeman are under two different forms of government, as listed in the State statutes. He noted that can have some impact on what powers the government has. Commissioner Vant HuH asked if the City could vacate a street or alley, then declare the property as excess property and sell it at public auction. The City Attorney cautioned that two separate procedures would be combined to provide for that type of action. He also noted that if the property is sold at public auction, someone I not adjacent to the vacated property may acquire it. Commissioner Martel concurred with the City Attorney's comments, noting that the City should only recover costs incurred. He expressed concern about adopting a resolution which could be challenged. The Commissioner further noted that the right-of-way which is being va- cated may have been initially deeded to the City free of charge; and he does not feel it should acquire monetary value simply because it is being vacated. City Manager Wysocki asked if the actual costs of acquisition could be included in the costs incurred, thus making it possible to recover those charges. Commissioner Martel asked if a right-of-way is the same as an ownership, or if it is a right to use for the intended described purpose. The City Attorney stated that usually a right-of-way is a right of use, although it may go further and become a deed. He then reviewed the statutory language, noting it refers only to "streets and alleys" and does not refer to "right-of-way". He then suggested that phrase be deleted from the resolution prior to adoption. Commissioner Ma rtel stated an easement can be vacated or revoked by agreement. He then stated that he feels that ownership is nebulous for streets and alleys; therefore, no mone- tary value should be placed on the property being vacated. Commissioner Goehrung asked if requests for vacation are usually for roadways which are not currently being used. City Manager Wysocki indicated that usually the right-of-way is no longer needed due to development or changes in the area. He also noted that usually, unless 100 percent of the adja- I cent property owners are supportive of the vacation, the Commission will not vacate the right- of-way. City Manager Wysocki expressed concern about the 15-day review period provided in the resolution, noting it usually takes the staff longer to review the request and submit a recommen- dation to the Commission. He then asked that the period be extended prior to adoption of the resolution. City Attorney Becker stated that the City Attorney in Billings indicated they are the only City in the state that sells the vacated right-of-way. Commissioner Vant Hull noted several questions have arisen during this discussion. She 12-05-88 32 then noted that Commissioner Hawks contacted her after receiving the packet for this meeting and stated support for the second proposal. She proposed that action on this resolution be de- ferred for a period of one week to allow him an opportunity to participate in the discussion prior to making a decision. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that action on this resolution be tabled for a period of one week, until a full Commission is present. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, I Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Staff report re possible change of zoning boundaries near new hospital City Manager Wysocki submitted to the Commission from the Planning staff addressing this issue. He stated the memo indicates that the zoning boundaries do not affect appraisal or tax- ation of bui Idings; therefore, no need for change of the zoning boundary exists. The City Man- ager stated the Bozeman Deaconess Foundation may seek a tax exempt status for this building; however, it would probably not receive one due to the bui Iding's proposed use. Commissioner Vant Hull noted that there are some doctors' offices in the existing hospital, and asked if those offices are currently taxed. Planning Director Epple indicated he did not ask any questions about the existing struc- ture. Mayor Stiff asked if there is any appropriate action for the Commission to take at this time concerning property taxation on the new structure. City Manager Wysocki suggested the Commission may wish to write a letter to the County Assessor and/or the State indicating that it is the City's understanding that the new facility is to be placed on the tax rolls, and that if it is not, the City would like to be notified. He then suggested that if the Foundation does receive tax exempt status for the structure, the City may wish to seek a payment-in-lieu. The Commission concurred with the proposal. Discussion re possible zone code amendment for truck repair faci lities I City Manager Wysocki submitted to the Commission a memo from the Planning Staff. He noted the staff reviewed the possibility of dividing truck repair facilities, based on the size of vehicles, as requested by the Commission at last week's meeting. He noted that research reveal- ed that Bi lIings, Helena and Missoula allow truck repair facilities in their light industrial areas, without any division based on the size of vehicles. He also stated that the Standard Industrial Classification Manual (SICM) does not provide any logical break in the size of trucks for truck repair facilities. He further noted the SICM does not make any distinction between truck termi- nals and truck maintenance facilities. Commissioner Vant Hull expressed concern about allowing truck repair facilities as a per- mitted use in the M-1 zone because of the substantial amount of residential development in those zones. She then suggested that they be allowed as a conditional use in the M-l, Commercial-- Light Manufacturing, zone and as a permitted use in the M-2, Manufacturing and Industrial, zone. Planning Director Epple cautioned that such action would require a zone code amendment, since there are no listed conditional uses which are similar to truck repair facilities. He then suggested that the residential development currently located in the M-1 districts should be re- classified, since that is a non-conforming use under this zone. City Manager Wysocki reminded the Commission that a year ago, the City recommended to the residents in that area that they seek a zone map change. He noted no such request has been submitted to date. He also expressed concern about the residents in that area protesting I the development of permitted uses within that zone, since they are non-conforming uses. Commissioner Vant Hull noted that several incompatible uses currently exist in that area, citing North Broadway Avenue as an example. She stated that those uses existing in the area should be protected as much as possible. Commissioner Martel stated that he feels many of the M-l districts are currently in a transitional state; and time will take care of the problems. Commissioner Goehrung asked if a more specific request will be submitted to the Commis- sion on this issue. 12-05-88 33 Planning Director Epple stated that the staff was asked if truck repair facilities are al- lowed in the M-l district, and he referred that question to the Commission. He then suggested that, based on the information contained in the memo, the Commission could determine that a truck repair facility is so similar as to be interpreted the same as a truck terminal. He noted that the Commission could also direct the staff to review those blocks which seem to be misclas- sified. I City Manager Wysocki suggested it may be possible to require any use in an M-l zone which abuts a residential zone to go through the conditional use process to ensure protection for both activities. Planning Director Epple stated that when an M-l zone is adjacent to another zone, the minimum requirements for the adjacent zone apply. He noted that provides for a soft edge be- tween zones, making the uses more compatible. The City Manager then suggested the Commission may wish to consider a two-pronged ap- proach. He noted the staff could ask residents to seek a zone map change, to address their concerns. He also noted that staff could be directed to review the text of the zone code to de- termine whether uses abutting another zone should be subject to specific considerations during their comprehensive review next year. He reminded the Commission that an effort is being made to streamline the process and to possibly reduce the number of "T" districts, so the text must be carefully considered. Commissioner Vant Hull asked if a building permit would be automatically approved upon application if truck repair facilities were permitted in the M-l zone. Planning Director Epple stated that copies of the building permit application are distrib- uted to the appropriate staff for review and approval. He noted that if the location were imme- diately adjacent to another zone, the staff can require additional setback or other protect ion s prior to issuance of the permit. It was moved by Commissioner Martel that, pursuant to Section 18.06.050 of the Bozeman Municipal Code, the Commission determine that a truck repair facility is so similar as to be in- I terpreted the same as a truck terminal in the M-l zone. The motion died for lack of a second. B rea k - 3: 1 0 to 3: 1 5 p. m . Mayor Stiff declared a break from 3:10 p.m. to 3:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - legislative issues to be addressed at the December 13 District 10 meeting City Manager Wysocki distributed copies of two memos from staff suggesting items for possible legislative changes. He suggested that the Commission discuss the items, indicating support or non-support of the proposed items. The City Manager indicated that Alec Hansen, Executive Director of the Montana League of Cities and Towns, will submit his presentation at the December 13 meeting, after which local officials will be given an opportunity to voice their concerns. He noted the items approved in this discussion will be raised at that time. He stated these concerns are on a local level; and the League mayor may not support the City's position. He then suggested it may be beneficial to approach Representative Norm Wallin to see if he will sponsor the bills pertaining to special improvement districts, since he is a member of the Local Government Committee. The Commission then reviewed and concurred with the s ta ff proposals for legislative change, which include: (1 ) Amnesty period on delinquent special improvement district assessments. This would provide an option for waiving of penalty and interest to bring delinquent assessments cur- I rent. (2) Deceleration of special assessments. This would allow for local authority to decel- erate special improvement district assessments which had been previously accelerated, as has been discussed by the Commission on various occasions. (3) Waiving of penalties and interest on delinquent special assessments. This would provide an option for the Commission to waive the penalty on Iy on delinquent assessments. The City Manager noted that to allow the waiving of interest payments could impair ensuring the bondholders that monies will be available to cover the principal and interest payments as they become due. 12-05-88 34 (4) Permit awarding of construction bids up to 10% over estimates. The City Manager reminded the Commission of a recent instance in which a district was re-created because the con- struction bids were higher than the amount for which the district was created. He noted that under this proposal, if the petition for creation of the district included the phrase "in an amount up to 10 percent more than the amount for which the district is created", it would accommodate those times when the costs are slightly higher than the amount for which the district is created. He indicated this would provide the flexibility needed without causing the entire process to be completed again, as long as that statement was on the petition and those involved realized that I the costs could be higher than originally anticipated. (5) Selection of engineer for special improvement districts. The 1987 legislative change in Section 18-8-201, M.C.A. , requires that all architectural, engineering or surveying professional services over a specified amount must be advertised and complete the competitive process. The City Manager noted that an engineer is usually selected by those involved in a prospective special improvement district, and preliminary design is prepared before the request is submitted to the City. He indicated that with this statute, the City must then complete the competitive process before selecting an engineer for the project; and if the initial engineer is not chosen, the preliminary work must be redone. City Manager Wysocki stated that he has talked to five local engineering firms. Each has indicated a wi Ilingness to write a letter supporting the proposed legislation to provide an excep- tion for special improvement districts. (6) Final review authority for subdivisions within three miles of the city limits. The City Attorney reminded the Commission that the City and County submitted a joint request for an Attorney General's opinion on this issue. He noted that he has responded to a preliminary opinion; however, he has received no further response or an opinion to date. He indicated that this proposed legislation would be submitted if the Attorney General's opinion does not give the City final review authority. (7) Legal age issues. Currently, the State statutes allow anyone over 18 to gamble; however, one must be 21 to drink. Since gambling machines are located in bars, this causes a I conflict and a problem with 18 year olds in a bar, and the potential for under age drinking. Under this proposed legislation, that conflict would be addressed. (8) Under age persons in bars. At the present time, minors are allowed in bars; and an Attorney General's opinion does not allow local governments to regu late that issue. Under this proposed change, either the State would restrict under age persons in bars or would allow local governments to do so. (9) Annexation of wholly surrounded properties. At the present time, wholly sur- rounded properties being used for agricultural or recreational purposes cannot be annexed. This proposed revision would change the definition of "agricultural" to include minimum acreage or minimum gross income or require that it be a primary source of earned income. Commissioner Martel noted that under existing State statutes, local governments are ex- empt from their own zone code requirements. He indicated he feels this creates problems and shou Id be changed. City Manager Wysocki stated this statute allows the government to take whatever action it feels is necessary for the public health, safety and welfare. He noted that the Commission may elect to follow the normal process in doing so; however, it is not required to. He noted that in Bozeman, the Commission has elected to follow the customary process whenever possible. Following discussion, the Commission noted that all city, county, state and fede ra I gov- ernments are exempt from their zoning requirements, concurring there is no need for revision. Commissioner Goehrung suggested the Commissioners may wish to alert the legislators to possible issues concerning municipal waste disposal, noting that interlocal agreements between I cities or between the state and municipalities may be necessary. Commissioner Martel noted that the State will be charged with enforcing regulations, which will directly affect local governments. Following a brief discussion, the Commission concurred that would be a good subject to raise for informational purposes. Discussion re Gambling Commission recommendations City Manager Wysocki distributed to the Commission copies of the section of the Gambling 12-05-88 35 Commission's recommendations pertaining to gaming machines. He stated that Commissioner Vant Hull , City Attorney Becker and Police Chief Tate have reviewed the entire book. He stated one of the recommendations is to earmark a portion of the revenues from late payments to train li- censees as well as local law enforcement officials. He stated that under the proposed revisions, local governments would still receive the same percentage of revenues from the machines; how- ever, no local licensing authority would be given. The City Manager noted this also includes I the license fee which the City currently charges for I ive table games. City Manager Wysocki stated that the Gambling Commission also recommends that 25 ma- chines be allowed per establishment, which is substantially higher than the 12 gambl ing devices and games currently allowed in Bozeman. He noted that Bozeman is the only local government in Montana which has decided to exercise its option to control gambl ing; therefore, the Gambling Commission has recommended that regulations and enforcement be done at the State level. Commissioner Vant Hull suggested that the other Commissioners review the entire docu- ment. She then expressed concern that the Gambling Commission's recommendations would allow casino-type gambling in Bozeman, as well as the rest of the state, noting that such an operation can be successful with as few as 20 machines. Commissioner Vant Hull then stated that a survey conducted by the Montana State Univer- sity Research Center revealed that 51 percent of the people feel that local governments should be allowed to implement stricter regulations than the State. She noted that the Gambling Com- mission's report does not reflect that response. The Commissioner noted that the Billings City Council has also reviewed this report and concurred that local control should remain. Commissioner Vant Hull then asked if the Commission wishes to retain local regulation of gambling activities. Following discussion, the Commissioners concurred that they wish to retain local regulating authority of gambling activities. Commissioner Martel expressed concern about the State creating another bureaucracy by establishing a Gambling Commission in addition to the commissions which have already been es- tablished for horse racing and the lottery, suggesting that one commission could handle all forms I of gambl ing. He noted that an extensive number of employees would be needed for inspection and enforcement if the State were to take over all control of gambl ing. He stated, however, that if local government is to become involved in enforcement, some form of revenue should also be provided. Administrative Services Director Gamradt stated that under the Gambling Commission's recommendations, $100 of each machine licensed would be returned to the local government. He noted that will allow for the City to break even on revenues for the machines; however, there wi II be no compensation for live games. Discussion - pooper scooper ordinance, etc. City Manager Wysocki stated that Commissioner Vant Hull had requested this item be placed on the agenda. He noted that a memo from the Commissioner concerning pooper scoopers and other items was included in the Commissioners' packets. Commissioner Vant Hull stated the Bozeman Daily Chronicle has indicated it will contribute some plastic bags for people to carry with their pooper scoopers. She asked the Commission to accept this contribution, along with her contribution of the first 50 pooper scoopers, to be given to those purchasing licenses. She then challenged the Commission to purchase additional pooper scoopers, with them being given to the first 500 or possibly 1 ,000 license purchasers. The Commissioner suggested that this action be strictly educational at this time, with no ordinance being adopted. She noted that public lands, particularly parks, need to be cleaned up; and this could be the first step in that process. She stated that if this effort is not successful on a I voluntary basis, the Commission could then consider adoption of a pooper scooper ordinance. Commissioner Martel stated support for the proposal. He stated if the problem still exists after the City has distributed the first 1,000 in an educational effort, adoption of an ordinance may be appropriate. City Manager Wysocki noted that monies for the purchase of pooper scoopers should be from the City Commission's budget. He then reminded the Commission that 596 licenses have been sold this year. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize the purchase of 950 pooper scoopers and that complimentary pooper scoopers be 12-05-88 36 distributed with the first 1,000 licenses issued in 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commission- er Vant Hull and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. I (1) A copy of the evaluation form for the City Manager's six-month evaluation. Mayor Stiff indicated the evaluations are to be completed and returned to the Clerk of the Commission by next week's Commission meeting, with a compilation of those results to be submit- ted to the Commission for the December 19 meeting. (2) A copy of the notice of vacancies on various boards and commissions. (3) Agenda for the Board of Adjustment meeting, which was held today. (4) Agenda for the Planning Board meeting, to be held on Thursday, December 8, 1988. (5) A memo from City Attorney Becker indicating that the District Court has remanded the determination of whether a bronze foundry is a permitted use in the M-l zone back to the City Commission. (6) The City Manager noted that the Commissioners have been invited to a Christmas party at Mandeville Real Estate on Friday, December 9. (7) The City Manager reminded the Commission of the organizational meeting for the steering committee for beautification is to be held on Tuesday evening at 7:30 p.m. in the Com- mission Room. (8) The City Manager reminded the Commission of the Chamber of Commerce open house to be held on Thursday beginning at 3: 00 p. m. (9) The City Manager noted the Commissioners have been invited to the Town and Gown Christmas Party to be held at the Museum of the Rockies on Sunday, December 11, 1988. Consent Items I City Manager Wysocki presented to the Commission the following Consent Items. Authorize use of annual leave - City Manager Wysocki ~ December 12-17, 1988; confirm appointment of Administrative Director Gamradt as Acting City Manager Authorize use of annual leave - Clerk of the Commission Sullivan - December 26, 1988 throu h January 13, 1989; appoint Mar Cain Lathro as Actin Clerk of the ommission Authorize Mayor to sign - Right-of-Way Agreement with Tele hone and Tele raph Com an - 10-foot stri across SWi- NE , Section 26, T1S, 5E, MP (Waste ater Treatment It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate per- sons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Recess - 4:15 p.m. Mayor Stiff recessed the meeting at 4:15 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the sche- duled public hearing. I Co.ntinued public hearing - Conditional Use Permit - Suzanne Anderson - allow the operation of a r1vate elementary school on Tract B, Amended Subdivision Plat of Lots 1 12 Block 20 Butt ddition 1422 South Willson Avenue) , , e This was the time and place set for the continued public hearing requested by Suzanne Anderson to allow the operation of a private elementary school on Tract B, Amended Subdivision Plat of Lots 1-12, Block 20 of the Butte Addition. The site is more commonly located at 1422 South Willson Avenue. 12-05-88 37 Mayor Stiff opened the public hearing. City Manager Wysocki stated several letters in support of and in opposition to the pro- posed Conditional Use Permit have been submitted. He then itemized those letters as follows: (1) letters of support from Linda Miranti and Deserie Warwick, 1408i South Willson Avenue; Audrey J. Cole, 1602 South Willson Avenue; Anita Hovland, 1430 South Willson Avenue; Theodore L. Hundtoft, 1425 South Willson Avenue; and William A. and Marjorie A. Hunt, 1504 South I Wi IIson Avenue; and (2) letters of opposition from Michael and Stephanie Becker, 902 South Willson Avenue; Harvey A. and LaVille H. Larson, 1414 South Grand Avenue; Morris Jaffe, 1311 South Black Avenue; and the Board of Directors of the South Wi IIson Historic District. He fur- ther noted that Commissioner Vant Hull has submitted a memo concerning this req ues t to the Commissioners. Planner Tom Sheely presented the staff report. He stated the requested Conditiona I Use Permit would allow the operation of a private elementary school with a maximum of 32 students. He then briefly reviewed the history of the site, noting that for the past two years it has been used as a preschool for up to 20 chi Idren, under a Conditional Use Permit which was approved in 1985. He noted that the linear park borders the property along the eastern edge. The Planner stated that the proposed Conditional Use Permit wi II allow for an increase of 12 students which, in turn, would change the character of the school from a preschool to an ele- mentary school. He stated the applicant proposes to add 600 square feet to the school area to meet the needs of the additiona I chi Idren. He noted that the facility will also be expanded to include a portion of the second floor. Planner Sheely stated the Planning staff spent many hours reviewing the application, not~ ing the main issues of concern included public safety items such as traffic, access, ingress and egress, as well as the safety of students going to and from the school. He also noted that po- tential impacts on the neighborhood were also reviewed, in addition to on-site parking require- ments. The Planner stated that a review of the fi les indicated that these are the same concerns which were raised during review of the previous Conditional Use Permit for this site. I The Planner noted that four years ago, the house was utilized as a group home for 6 to 12 children; and two years ago it became a preschool for up to 20 chi Idren. He then reviewed the breakdown of ages of the chi Idren who are attending the elementary school under this appli- cation at the present time: 7 - 7-year-olds; 8 - 8-year olds; 3 - 9-year olds; 7 - 10-year-olds; 2 - ll-year-olds; 3 - 12-year-olds; 0 - 13-year-olds; and 1 - 14-year-old. Planner Tom Sheely stated that the staff has received 14 letters in support of and 6 let- ters in opposition to the requested Conditional Use Permit. He stated that following its public hearing on this item, the Zoning Commission concurred in the staff's recommendation for approv- ai, subject to thirteen conditions. Ms. Suzanne Anderson, applicant, stated she has been in the field of education for many years, ten years of which has been in the Montessori private schools. She noted that Ms. Barbara Pomeroy was the previous owner of the subject site; and she operated a Montessori school in that location until it moved to the church at the corner of Kagy Boulevard and South Third Avenue. She indicated that she had felt that since such a school had operated at that site, it could be converted to an elementary school with no problem. She stated that she con- tacted the Planning staff and found that a new Conditional Use Permit would be necessary. Ms. Anderson stated that she lives in the basement apartment, with the main floor and a room on the second floor being used for the school. She stated that school is in session from 8:15 a.m. to 3:00 p.m., with all students being off the premises by 3:30 p.m. She noted that in the evenings and on weekends, there is very little activity around the house, since there are no rentals and there is no school. She then stated that the subject property is not located I within the South Willson Historic District. Ms. Anderson stated that she is willing to comply with all of the conditions, particularly for the sa fety of the ch i I d ren . She noted that the teachers currently meet the children when they cross South Willson Avenue in the morning and the afternoon to ensure their safety; and there haven't been any problems because it is not during heavy traffic periods. Ms. Anderson stated she feels the subject site is a good location for a school, since it is along a wide street. She also noted that the linear park and the vacant lot next door provide an area for the children to play. In response to a question from Commissioner Vant Hull, Ms. Anderson stated that she 12-05-88 38 served on the parents' board for Ms. Pomeroy's school prior to purchase of the house. She stated that parents from that board approached her just prior to the start of this school year and asked if she would be willing to use her house for a private elementary school. Commissioner Vant Hull expressed concern that many of the students are seven and eight years old. She questioned the possibility of the applicant seeking authorization to expand the number of students in the next few years because of that situation. Ms. Anderson stated that many of the students do not return year after year. She also I noted that space is a limiting factor; and if the school expands, it must be relocated. Commissioner Vant Hull then expressed concern about pouring more concrete in a residen- tial area for additional parking spaces. Ms. Anderson stated that the subject area is located behind a fence, and is not visible from the street. Commissioner Vant Hull then noted that she has discussed this request with the Fire Mar- shal, who indicated he had made some cautions about a school in this structure. Ms. Suzanne Anderson stated the upstairs classroom is used by the older chi Idren, ages ten and up, for a pa rt of the day. She noted that more than ten students are located in that classroom; and she will provide the second exit which is required. She indicated that the wood stove is not used. She stated the Fire Marshal indicated that the sheetrock is not to the stan- dard for schools; however, he did not state that he would require it to be replaced. Commissioner Martel noted that Condition No. 5 requires that the structure be brought into compliance with all appropriate Uniform Building and Fire Code requirements and that it be certified for use by the Bui Iding Official and the Fire Marshal. He noted that the structure was constructed as a house; and the use has been converted to a school. He stated the sheetrock probably is not thick enough to meet the codes; and the existing bathroom facilities are not ade- quate for the number of students. He noted that to meet the code requirements could be quite costly. Ms. Anderson stated that the Sui Iding Official and the Fire Marshal have reviewed the site, noting that it is a house. She noted that if the structure were built as a school, it would I be different; however, they have indicated a willingness to work with her on making the facility adequate for its new use. Commissioner Martel noted that on the surface, the wording of Condition No. 5 appears appropriate for approval of a Conditional Use permit; however, it has definite implications which could be serious and cause a financial hardship on the applicant. Commissioner Goehrung asked about the square footage in the school; but Ms. Anderson was unable to respond. Commissioner Goehrung then asked if the school has a non-profit status or if it is a bus- iness; Ms. Anderson stated it is a simple partnership. Commissioner Goehrung asked why the preschool moved from this location. Ms. Anderson stated that at that time, the preschool had 18 chi Idren. She noted it was relocated because the faCility was more affordable and the yard was larger. Commissioner Martel asked if there is any timeframe for compliance with Condition No. 5. Planner Sheely stated that a 45-day timeframe has been established for approval of the final site plan; and that would be a part of the process. Ms. Constance Dratz, staff member of the school, reviewed the history of school facilities at the subject location, noting that permits have expanded the membership from 12 to 20; and they are now seeking to increase that to 32. She indicated she was one of the parents who ap- proached Ms. Anderson in August to open the sc hoo I at 1422 South Willson Avenue this fall. She noted at that time, they approached the Planning staff and found that a Conditional Use Permit was required for the proposed expansion and change in type of school. I Ms. Dratz stated that the proposed change in use and expansion of the number of stu- dents will not increase the traffic, but will decrease it because of car pooling and children walking or bicycling to school. She noted that at the present time, there are 11 cars which drop off children, rather than the 18 used before. Ms. Dratz then addressed the safety of the building, noting she was present when the Fire Marshal reviewed the site. She noted that he did recognize that the construction was not of the standard required for schools; however, he also noted that many private schools are not being developed in residences. She stated the Fire Marshal noted that there is a door to the 12-05-88 39 outside from every classroom; and a second exit will address concerns about the upstairs class- room. Ms. Dratz also indicated the Assistant Superintendent of Schools supports the development of private schools, since they address the needs of accelerated chi Idren as well as problem chil- dren, which the public school system cannot address due to budget constraints. She then stated that they have received letters of support from the immediate neighbors, which have al- ready been submitted to the Commission. I Ms. Marjorie Lombard, member of the school staff, questioned two of the conditions as recommended by the Zoning Commission. She suggested that instead of just "no parking" on the sign in the parking area, the words "between 8:00 a.m. and 4:00 p.m. on school days" be added. She also noted that the current method of ensuring safe crossing of South Willson Ave- nue seems to be working and suggested that a crossing assistant be required rather than a crossing guard. Ms. Deirdre Richardson, Buffalo Jump Road, indicated that she lives 30 mi les from Boze- man; but she drives the road twice each day so her children can attend this school. She stated she has been involved in private schooling in Bozeman for the past five years, noting that they provide a better education; and that is important to her. Ms. Richardson stated the parents in- volved in this school are willing to help meet conditions which are reasonable for the safety of their chi Idren. She then requested approval of the Conditional Use Permit. Mr. Edward Dratz stated he has two children in the school and serves as handyman around the facility. He noted that he was also present when the Fire Marshall visited the site. He noted that they are currently adding a second exit on the second floor. He then expressed concern about the issue of Condition No.5, as raised by Commissioner Martel. Break - 8:17 to 8:22 p.m. Mayor Stiff declared a break from 8:17 p.m. to 8:22 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Continued public hearing (continued) - Conditional Use Permit - Suzanne Anderson - allow the operation of a private elementary school on Tract B, Amended Subdivision Plat of Lots 1-12, Block 20, Butte Addition (1422 South Willson Avenue) City Manager Wysocki noted that if this Conditional Use Permit is approved, Condition No. 5 will require that specified items be addressed, but that does not necessarily mean that all of the requirements of the codes must be followed if an alternative is satisfactory. He then stated the staff will take Ms. Lombard's suggestions into consideration when reviewing the recommended conditions for approval. Mr. Kerry Hogan, a teacher at the preschool formerly in this location, stated support for the proposed elementary school use. Ms. Catherine Dratz, student, requested approval for the school. Mr. Clark Wheeler, 1109 South Willson Avenue, stated opposition to the proposed elemen- tary school being placed in that location. He noted that the alternative learning opportunity is good; however, he does not believe it should be located on such a busy street. He noted the southern part of South Willson Avenue is in a transitional state, changing from single-family to more college students and more cars. Mrs. Donna Murdock, 1119 South Willson Avenue, stated that several years ago, a study of the water and sewer lines along South Willson Avenue were "fragile" and could not accommo- date any additional growth. She noted that residences which were single-family are now multiple-family; and under this application a private elementary school would be added. She also stated that traffic is very heavy along South Willson Avenue. She then noted that Mrs. Phyllis I Craft had submitted a letter of opposition, which was not entered into the record at the begin- ning of this public hearing. Planning Director Epple submitted to the Commission a copy of the letter from Mrs. Phyllis Craft, 307 South Willson Avenue, noting it was submitted to the Zoning Commission at its meeting on this item last month. Mrs. Murdock then expressed concern that the residential nature of South Willson Avenue is being changed by commercial ventures being allowed. She then requested that the Commission deny the application. 12-05-88 40 Mrs. Patti Ecton, 725 South Willson Avenue, stated that a school of the proposed size is inappropriate for the building and for the entire neighborhood. She reminded the Commission of their recent appointment of a beautification committee, noting that approval would not be consis- tent with that action. Mrs. Marian Hollenback, 1102 South Willson Avenue, questioned the ability of the parking area to accommodate all of the parking spaces proposed. She then stated opposition to the pro- posed school in the subject location. I Commissioner Vant Hull stated that late this afternoon she received information concerning easement for access purposes to the subject parcel. She then asked if the property has the ap- propriate access. Planner Tom Sheely stated that Condition No. 13, as revised, addresses that issue. He then reviewed a drawing of the subject site, noting that a 30-foot easement was granted by the Lenons. He stated that there is a separate triangular piece of property across which an ease- ment is needed, noting there is no legal document indicated that an easement does exist. Mr. Louis Burton, LRD Company, stated that McDonalds own the subject triangular par- cel; and he manages it. He noted that Mr. Center, the previous owner, obtained title to the parcel from the Milwaukee Railroad, as it abutted the parcels which he owned. He stated that he has not found any easement to address access to the property at 1422 South Wi IIson Avenue. Commissioner Martel asked where the linear park is to cross South Willson Avenue, noting it runs at an angle to the street for quite a distance at that point. The City Manager stated that Director of Public Service Forbes will determine the location of the crossing. He noted that the school will be required to place its crossing in the same lo- cation. Commissioner Martel asked about the requirement to provide an improvements agreement and accompanying security, since the requested school is already occupying the site. Planning Director Epple indicated that the Commission may establish a time limit. He then noted that the final site plan must be approved within 45 days; and that might be an appropriate time limit on the installation of improvements without an improvements agreement. I Commissioner Vant Hull expressed concern about possible further expansion of the number of children in the school, since enrollment is near the maximum now. She then asked if another conditional use process would be requested for that. The Planning Director stated this request included a change in use as well as expansion of the number of students; and that is why the conditional use process is being followed. Mayor Stiff asked if the partnership pays taxes, personal and property. Ms. Anderson stated that she owns the property. She indicated that Mrs. Dratz and Mrs. Lombard are in a partnership; they rent the property and operate the school. Ms. Richardson stated she does not foresee any expansion of the proposed school, since there is not adequate space to do so. She also noted that the property will be upgraded with the school there because the parents want a nice atmosphere for their children. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Adjournment - 8:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 12-05-88