Loading...
HomeMy WebLinkAbout1988-07-05 274 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 5, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 5,1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung. City Manager Wysocki, I City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of si 'ence. Mayor Stiff asked if any of the Commissioners wished any of the Consent Items to be re- moved for discussion. Commissioner Hawks requested that the application for annexation, sub- mitted by Donald K. Weaver, be removed for discussion; and Commissioner Martel requested that the call for bids for construction of SID No. 654 be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of June 27, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Open bids - construction of 51 D No. 653, paving of a portion of Graf Street to collector stan- dards This was the time and place set for the opening of bids for the construction of Special Improvement District No. 653, which provides for the paving of a portion of Graf Street to col- lector standards. The affidavit of publication for the advertisement for bids was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. The following bids were then opened and read: License No. Bid Amount AA Asphalt Bozeman, Montana 6893A $133,067.50 Pioneer Ready Mix Bozeman, Montana 6503A $116,909.25 Big Sky Paving Bozeman, Montana 4384A $138,684.56 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2701 - intent to annex Cardinal Distributing and Kack properties City Manager Wysocki presented Commission Resolution No. 2701, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2701 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- I TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIG- UOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIB- ED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO IN- CLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. The City Manager reminded the Commission that they have heard the staff report for this annexation and have instructed the staff to prepare the resolution of intention. He then recom- mended that the Commission adopt this resolution and set the public hearing for August 1, 1988. 07-05-88 275 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2701, stating the City's intent to annex the subject parcels, and set the public hearing for August 1, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. I Acknowledge receipt of request for annexation as submitted by Donald K. Weaver, Jr.; refer to s ta ff - City Manager Wysocki reminded the Commission that Commissioner Hawks had requested this item be removed from the Consent Items. Planner Bill Murdock stated the Planning Staff has begun to review this request for an- nexation; however no staff report has been prepared as of this date. Commissioner Martel asked what is contemplated for the narrow strip east of Westridge Subdivision and west of the proposed annexation. Planner Murdock stated that a preliminary review of the proposal reveals that the de- scribed area would be maintained as a pasture for his horses as well as for homeowners in West- ridge Meadows. He noted the northern portion of the property lies mainly in the stream corri- dor. He stated he is not certain why that small portion was not included in the request, since it will be wholly surrounded after the annexation is complete. He then noted that just north of that parcel is a narrow strip, which is actually the backs of eight lots in Thompson's Addition, that has not been annexed either. Commissioner Martel asked if the City must proceed with consideration of annexing the requested parcel at this time, waiting until the parcel is entirely surrounded before proceeding with annexation of that small strip. He then suggested that the City might encourage Mr. Weaver to contact the neighbors to see if they will participate in this annexation rather than causing the process to be completed twice. Planner Murdock stated the City could ask Mr. Weaver to contact the neighbors; however, I it cannot require him to do so. Commissioner Hawks asked if completion of the requested annexation would trigger the City's annexing of the wholly surrounded property. Planner Bill Murdock indicated it could, as long as the property is not being used solely for agricultural or private recreational uses. Commissioner Hawks noted that Sourdough Trail was initially platted along the west side of Westridge Meadows, adjacent to the golf course. He stated it was later moved to run along Fairway Drive; however, in reality, the trail runs in the street and it would be difficult to re- locate it because of drainage and driveways. He then asked that the appropriate steps be taken through the land use processes to ensure that the trail is delineated on the plans and that it is adequately accommodated during development. City Manager Wysocki recommended that the Commission acknowledge receipt of the re- quest for annexation but table any action until the staff has time to discuss the concerns listed with the applicant. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the request for annexation of 8.069 acres, as submitted by Donald K. Weaver, Jr.; and that action on this request be tabled until those concerns listed above have been addressed. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. I Commission Resolution No. 2702 - creating SID No. 654, paving of Lea Way City Manager Wysocki presented Commission Resolution No. 2702, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2702 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, CREATING SPECIAL IMPROVEMENT DISTRICT NO. 654 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLA- TION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER AND STORM DRAINAGE IMPROVEMENTS ON A PORTION OF LEA WAY AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS. 07-05-88 276 The City Manager reminded the Commission that the resolution of intent to create this special improvement district was adopted in April and the hearing was held in May. He also re- minded the Commission that at that time there was one parcel with delinquent assessments, therefore this project did not meet the City's policy. He noted the del inquency has not been brought current; and the questions raised about possible delinquencies on one other lot have been researched and eliminated. The City Manager also reminded the Commission that water and sewer have already been installed; and a majority of the lots have been developed. He then I recommended that the Commission adopt this resolution, which creates Special Improvement District No. 654 for the paving of Lea Way. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2702, creating Special Improvement District No. 654 for paving of Lea Way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Authorize Call for Bids - construction of SID No. 654, paving of Lea Way City Manager Wysocki reminded the Commission that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Marte' noted the invitation for bids does not refer to Special Improvement District No. 654 or Lea Way. He then suggested those items be incorporated in the document before it is published in the newspaper so the project is adequately identified. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize the call for bids for construction of Special Improvement District No. 654. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commission Resolution No. 2703 - authorizing sale of bonds for SID No. 654, paving of Lea Way I City Manager Wysocki presented Commission Resolution No. 2703, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2703 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 654; AU- THORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IM- PROVEMENT DISTRICT NO. 654 BONDS, IN THE AMOUNT OF $48,000.00 FOR THE PURPOSE OF FINANCING THE ENGINEERING DESIGN, CONSTRUCTION, INSTAL- LATION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT PAVING, CURB AND GUTTER AND STORM ORAl NAGE IMPROVEMENTS ON A PORTION OF LEA WAY AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS. The City Manager noted that the resolution of intention set the amount for this project at $48,000; however, the City Engineer has indicated the costs may be somewhat higher. He noted that the property owners have been contacted; and they will pick up the balance of the costs, in cash, if the costs are higher than the bond amount. He then recommended that the Commis- sion adopt Commission Resolution No. 2703. Commissioner Goehrung asked if a cul-de-sac is to be installed at the end of the street, since it is to eventually tie into Meadow Lane and form a horseshoe. The City Manager stated he does not know. He noted a temporary cul-de-sac might be constructed, or the end of the street might be barricaded. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission adopt Commission Resolution No. 2703, authorizing the sale of bonds for Special Improve- I ment District No. 654, and set the bid opening for August 1, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commission Resolution No. 2704 - authorizing purchase of road oil from State Highway Depart- ment for Fiscal Year 1989 City Manager Wysocki presented Commission Resolution No. 2704, as reviewed by the City Attorney, entitled: 07-05-88 277 COMMISSION RESOLUTION NO. 2704 Purchase of Road Oil The City Manager reminded the Commission that a resolution authorizing the purchase of road oil from the State Department of Highways has been adopted each of the past several fiscal years. He noted that the State sells road oil and sundry construction materials to the City at cost plus 10 percent. He then recommended that the City adopt Commission Resolution No. 2704. I Commissioner Martel expressed concern that the purchase of 25,000 gallons of oil would exceed $10,000; therefore, bidding requirements would become involved. He also questioned whether the City might be able to purchase its road oil locally at the same or a better price. He then suggested the City could possibly combine with the County for purchasing of road oil. City Manager Wysocki stated the City purchases much less than the 25,000 gallons listed in the resolution. He also reminded the Commission that road oil must be heated; and the City has no storage or heating faci I ities. He then indicated that the State bids the supplying of its road oil through the required process; therefore, those requirements have already been met once. Commissioner Martel suggested it might be beneficial to see if Gallatin County has storage facilities and to determine whether more advantageous arrangements could be made through that entity. Commissioner Martel stated he would prefer to purchase City supplies from a local firm rather than purchase from a State agency. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2704, authorizing the purchase of road oil from the State Highway Department for Fiscal Year 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Discussion - invitation to make a float for the Montana Statehood Centennial Kick-Off Parade - to I be held in Stevensvi lie on Saturday, November 12. 1988 at 11: 00 a. m. City Manager Wysocki submitted to the Commission an invitation from the Stevensville Civ- ic Club to enter a float in the Montana Statehood Centennial Kick-off Parade, which is to be held in Stevensville at 11:00 a.m. on Saturday, November 12,1988. Commissioner Hawks stated he discussed the centennial celebration with a local historian who has been involved in the planning of those activities. He indicated several communities are competing for the start of centennial activities; however, he does not believe one has been chos- en. He then stated he would prefer not to participate in this parade, noting that this type of activity could detract from the centennial celebration in 1989. Commissioner Vant Hull stated concurrence. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission decline the invitation to make a float for the Montana Statehood Centennial Kick-Off Parade to be held in Stevensville on Saturday, November 12, 1988; and refer the letter to the local Centennial Committee for their information. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Mayor Stiff suggested that a copy of the invitation be forwarded to the Chamber of Com- merce. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" I items. (1 ) Water use report for the week ending June 29, 1988. The City Manager indicated that on Friday, demand reached the 10 million gallon mark, noting it is not unusual to have a high demand day prior to a three-day weekend. He noted that the demand has dropped con- siderably; however, it wi II continue to be monitored on a regular basis. The City Manager then noted that the graph showing influent and effluent at the plant for the past month reveals that those amounts are now very close; and the plant personnel are to be commended for monitoring it so closely. 07-05-88 278 City Manager Wysocki then cautioned that the City could lose some of its junior water rights in Bozeman Creek very shortly. He indicated that if that occurs and demand remains high, it may be necessary to invoke watering restrictions on an odd/even basis. Mayor Stiff stated a recent issue of the Christian Science Monitor contained a list of methods for water conservation. He stated that he will distribute copies of that article to the Commissioners. (2) The City Manager reminded the Commissioners of the barbecue to be sponsored by I the Chamber of Commerce on Monday, July 11, from 5:30 to 9:00 p.m. He noted that the Pres- ident of Wally Byam is arriving in Bozeman for preliminary review and to make arrangements for next year's jamboree. He noted the cost is $10.00 per person; and all Commissioners are invited to attend. He then requested that the Commissioners contact the Clerk of the Commission if they plan to attend. (3) The City Manager noted that on today's agenda, two of the three Consent Items were removed for discussion. He then requested that Commissioners contact the staff early in the day to discuss the matter and possibly get their questions answered. He noted it also pro- vides adequate opportunity to arrange for staff to be available for discussion of the issue if necessary. Commissioner Hawks stated support for the request, noting that to notify the staff earlier would allow them to be better prepared. Commissioner Vant Hull also indicated support. She noted, however, that sometimes a concern will surface at the last minute; and they are unable to give advance notice. The City Manager stated he recognizes that possibility; however, those situations are the exception rather than the rule. (4) Commissioner Vant Hull stated she received a letter from the League office warning Cities that MACo has passed a resolution suggesting that Cities using County jail facilities be charged 10 percent of all fines and forfeitures. (5 ) Commissioner Vant Hull noted the Commissioners received copies of the article, "Hotline Procedure Works for Bi Ilings, II in their boxes. She noted that it addresses unnecessary I signs; however, she indicated she feels some necessary signs are missing from the community. The Commissioner then noted that the Commission had suggested that various signs be consider- ed along Perkins Place; and she feels they would be needed signs. Commissioner Hawks noted there is such a thing as sign pollution; and people then be- come less sensitive to signs. He noted that smaller, less obtrusive signs would be nice; but they are not the American standard. (6) Commissioner Vant Hull briefly reviewed the highlights of the District 10 MLCT meeting held last Tuesday. She stated that Alec Hansen, Executive Director of the League, in- dicated that State assistance is the most viable revenue source for cities and towns; however, it would probably be from income taxes or sales tax. She noted that Alec also expressed support for street maintenance districts, noting Bozeman is the only large city in the State that has not implemented them. (7) Mayor Stiff stated he has received information from the U.S. Department of Hous- ing and Urban Development concerning the UDAG program. He suggested that the Commis- sioners review the information and pass it along through a routing slip. City Manager Wysocki noted that the latest edition of the Nation's Cities Weekly has a headline indicating that the UDAG program may be eliminated. (8) Commissioner Hawks indicated he has concern about the City's process for formally responding to citizen inquiries and complaints. He noted the City of Billings seems to have a workable procedure, suggesting Bozeman might be able to do something simi lar. (9) Commissioner Hawks noted that, although Mr. Gruel from the State Department of I Highways indicated at last week's meeting that the City of Butte would have the most similar street maintenance ci rcumstances to Bozeman, a copy of that agreement was not included in the packets. He then asked if it would be possible to obtain a copy of that agreement. The Com- missioner cautioned that the Commission should keep in mind the liability involved in assuming maintenance of the state highway designated streets, noting that aspect is the "down side" of the issue. (10) Commissioner Hawks stated he has received a copy of the sewer back-up claim submitted by Peavy's. He then suggested this issue should probably be discussed, to determine 07-05-88 279 in what circumstances the City.s insurance will cover the problem and in what instances the in- dividual's insurance will pay. City Manager Wysocki cautioned this is a pending claim, which has been submitted to the City's insurance company; and it is inappropriate to discuss the matter. ( 11 ) City Manager Wysocki distributed to the Commission a copy of a letter from John Miller dated May 12, 1988, indicating he would be wi lIing to reimburse the MSU Foundation and I Mr. Henry Gardiner for that portion of the assessments for Special Improvement District No. 653 which are attributable to the parkland. He noted that the Commission had authorized the staff to proceed with the necessary steps in the project, with the understanding that the reimburse- ment arrangements would be made prior to a crucial step in the operation. He then stated that he has contacted Mr. Miller and indicated that the arrangements must be made with the two par- ties, with written documentation to be submitted to the City not later than Thursday, July 7. If it is not received, the staff will contact those who may bid on the bonds to indicate that the project wi II not be moving forward. Consent Items City Manager Wysocki presented to the Commission the following Consent Item. Authorize absence of Commissioner Martel from the meeting of July 18, 1988, in compliance with Section 7-3-4322 (2), MCA It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Consent Item as listed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Commissioner Martel abstained. Recess - 3: lOp. m . Mayor Stiff recessed the meeting at 3:10 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Publ ic hearin - Conditional Use Permit - Golf Course Partners, Inc. - allow construction of a olf course, ro shop and ractice acil ities in Section 31, Tl S, R6E, MPM (north of Brid er Drive and west of Story Mill Road This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Golf Course Partners, Inc., to allow construction of a golf course, pro shop and practice facilities in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly located north of Bridger Drive, west of Story Mill Road, south of the landfill and east of the Gallatin River. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the Staff Report. He stated the subject property is cur- rently zoned AS, Agricultural Suburban, and M-l- T, Commercial--Light Manufacturing with a Transitional Overlay. He then stated this application is identical to the application which was approved by the Commission on June 1, 1987, with one exception. He noted under the original application, a new diversion structure was to be installed on Bridger Creek; and, under this ap- plication, an existing diversion structure, to which the partnership has water rights, is to be used. Planner Skelton stated that the Zoning Commission did not identify any concerns; and I there was no public protest at that meeting. He noted that concerns raised by the public gen- erally concerned residential or commercial development; and those are not items included in this appl ication. He reminded the Commission that this application is for an 18-hole golf course with associated facilities. Planner Dave Skelton stated that following its public hearing, the Zoning Commission con- curred in the staff's recommendation for approval, subject to eleven conditions. Mr. Rex Easton, President of Golf Course Partners, Inc., indicated that this application is for development of an 18-hole golf course on a portion of the 287-acre tract. He noted the 07-05-88 280 golf course is designed to provide areas for development around it at some time in the future; however, that is not under consideration at this time. Commissioner Hawks asked about the purpose for diverting the creek. Mr. Easton stated the water diverted from the creek will be stored in ponds and subse- quently used in the underground irrigation system for the golf course. Commissioner Vant Hull noted that the golf course is to be located on 154 acres of the subject parcel, questioning why such a large amount of land is being used. I Mr. Easton stated an 18-hole golf course covers an average of 140 to 160 acres. Commissioner Vant Hull noted that 20 acres of the proposed golf course is zoned for light industrial use. She further noted that the Commission has recently heard testimony that there is a shortage of M-l zoned property in Bozeman and asked if this proposal will have any nega- tive impact on the situation. Planner Skelton stated that it will have minimal impact. Commissioner Martel asked if the 65 parking stalls shown near the club house will be ade- quate. Planner Skelton stated that, according to the zoning regulations, 11 parking stalls are required. He stated the applicant recognized the need for more parking and provided the num- ber of spaces he feels are needed. Mayor Stiff noted the earnest money receipt indicates that the transaction is dependent upon approval of the requested conditional use permit being issued prior to June 24, 1988. He then asked if that time period has been properly extended. Mr. Easton stated the time extension has been duly noted verbally, and that this trans- action is necessary to provide access to the property. He then addressed Commissioner Martel's concern about parking, noting that they anticipate a daily average of 63 persons using the golf course. He noted that in addition to the paved area, there will be a grassed area avai lable for parking, if needed. Planner Dave Skelton indicated the Commission may, if it wishes, expand Condition No. 2 to specifically address purchase of the access. He then indicated the staff will require an I amended plat dedicating right-of-way to the public to provide access to the subject site. Commissioner Hawks asked if a 310 permit will be adequate in this situation, with a stream and floodplain involved. The Planner stated that Condition No. 4 addresses those concerns. He noted that the 310 permit does not address the floodplain or the floodway; however, the flood plain officer does re- view any reconstruction within the floodplain. He indicated that the 310 permit will only address the pedestrian bridges which cross the creek. Commissioner Vant Hull expressed concern that the subject parcel is not annexed. She recognized that annexation is not necessary for a golf course for reasons of public health, safety and welfare; however, she noted that future development of the site could result in a need. Planner Skelton indicated that, according to the City annexation policy, the subject site would probably not be annexed. He indicated the developer could seek annexation to obtain municipal services; however, that is not a part of this proposal. Mr. Rex Easton briefly reviewed the history of this project, noting they have been work- ing on it for three years. He noted the golf course is designed to cover as much of the flood- plain area as possible, as well as other areas not suitable for development. He indicated an in- tent to develop other portions of the site in the future; however, that is not a part of this ap- pi ication. Mr. Easton then indicated it is their intention to construct the golf course and have it become a viable operation before beginning any further development of the area. Mr. Jim Dobrowski, Morrison-Maierle, reviewed that portion of the subject parcel which is zoned M-l. I Mr. Robert Lee stated he has worked with the applicants for the past three years on this project. He noted that the M-l zoning designation was attached to a portion of this parcel when the railroad siding was a viable operation. He indicated the tracks don't exist any longer, and the parcel has remained vacant. He then stated he feels the golf course design is well suited to the site, allowing for development on a site which is difficult to develop. Mr. Lee noted the subject development is located in the northeast sector of the com- munity, which needs this type of enhancement. He noted the proposed golf course works well with the East Gallatin State Park as well as future potential development of the landfill site. He 07-05-88 281 indicated this is a good transitional development from city density development to the lower density, higher class development of the rural area. Mr. Ron Radcliffe stated he lives close to the golf course and is strongly in favor of the development, noting it has undergone a significant amount of planning. He then questioned the location along the creek from which water will be diverted for this project, noting that there is a diversion gate on his property. He then asked when and how often access will be required to I the diversion gate, noting that he has cattle and a small business, and frequent access to the dam could cause inconvenience. Mr. Rex Easton stated that ponds are to be constructed on the golf course for irrigating. He noted that the diversion dam will probably be set to allow a specific amount of water to run into those ponds all summer long, shutting the diversion dam down during the winter. He in- dicated that if the water in the ponds is not used for irrigation, it will be returned to the stream. Following a brief break to confer with the City Attorney, Planner Skelton stated that the ownership of water rights to the creek at the diversion structure provides the applicant with the right to access to the structure. Mr. Radcliffe stated his major concern is the times of access to the diversion structure, suggesting that a workable schedule might be helpful. City Manager Wysocki noted the applicant has indicated an intent to divert water in the early summer, leaving it to flow constantly until late summer, when it will be turned off. He stated there should not be a need for access to the diversion structure except for maintenance pu rposes. Mr. Charles Bowen indicates he lives at the corner of Mcllhattan Road and Manley Road. He stated support for the project; however, he is concerned about the lack of fire protection in the area. He noted there is an area containing about twenty homes, as well as the subject pro- perty, that is not covered by any fire district; and he is concerned about any development which might increase the risk of fire in that area. I City Manager Wysocki reminded the Commission that the application is for a golf course and attendant buildings. He noted that at the time of residential or commercial development, concerns about fire protection would be addressed. Mr. Easton stated the golf club and pro shop will meet state and local fire regulations; and a sprinkler system will be installed to ensure adequate protection. He indicated the long- range plans for the site include the likelihood of requesting annexation before further develop- ment. No one was present to speak in opposition to the proposed Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commis~ sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Conditional Use Permit requested by Golf Course Partners, Inc., to allow construction of a golf course, pro shop and practice facilities in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, subject to the following conditions as recommended by the Zoning Commission: 1. That plans and profiles of the access road through Tract D via Bridger Drive be reviewed and approved by the City Engineer prior to final site plan approval; 2. That a method of dedication of the right-of-way through Tract D be re- I viewed and approved by City staff prior to final site plan approval; 3. That a dead-end barricade be provided at the terminus of the main access road and that details of the barricade be reviewed and approved by the City Engineer prior to final site plan approval; 4. That any stream diversion structures, along with application for a floodplain development permit, be reviewed and approved by the City Engineer prior to final site plan approval; 5. That review and approval by the County Sanitarian for water well, septic tank and subsurface drainage field be submitted to the Planning Office prior to final site plan approval; 07-05-88 282 6. That a 310 permit from the Soi I Conservation District be received for any alteration or activity in the East Gallatin River and Bridger Creek and sub- mitted to the Planning Office prior to final site plan approval; 7. That an access permit onto Bridger Drive from the Department of Highways be acquired and submitted to the Planning Office prior to final site plan ap- proval; 8. That three copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission shall be submit- I ted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit or business license for the pro- ject, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department and one signed copy shall be retained by the applicant; 9. I f improvements are not installed prior to final site plan approval, the ap- plicant shall enter into an I mprovements Agreement with the City. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 10. I f occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 11. All on-site improvements shall be completed within eighteen months of final site plan approval of the Conditional Use Permit. The Conditional Use Per- mit shall be valid for a period of eighteen months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. I f all required conditions have been sat- isfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. and Kathleen Coyle for David and Minerva Vogel I retai I and asoline sales and ski rentals - Lot 5, This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Frank and Kathleen Coyle, for David and Minerva Vogel, to allow construction of a convenience store with retail and gasoline sales and ski rentals on Lot 5, Block 3, Bridger Center. The subject site is more commonly located at 621 Bridger Drive. Mayor Stiff opened the public hearing. Planner Tom Sheely presented the Staff Report. He stated that under this request, the applicant would construct a convenience store with retail and gasoline sales as well as ski rent- als. He stated that following its public hearing, the Zoning Commission recommended approval, subject to eleven conditions. He indicated the Planning Staff would recommend that Condition No.4, requiring the applicant to install a stop sign on Bridger Center Drive at Bridger Drive is inappropriate because other businesses are also located along that roadway and have not been required to participate. Mr. Frank Coyle, applicant, stated he and his wife recently acquired Baldy Mountain Ski Suppl ies. He indicated that he wou Id like to develop the subject parcel, which has not housed any business for the past two and one-half years under this application. He then indicated he has no problem with the conditions as recommended. Commissioner Goehrung asked if there are concerns about leakage from the underground tanks to adjacent streams and if monitoring and testing are to be provided. I Planner Sheely stated that underground tanks in the subject location were the staff's major concern with this application. He noted there is some indication of high groundwater in this area, which could provide potential for groundwater contamination if leakage were to occur. He then noted that City staff will review and monitor the type of tank installation to ensure proper installation for the situation. Mr. Robert Lee stated he has helped Mr. Coyle develop the site plan for this application. He noted one of their early concerns was the installation of underground fuel storage tanks. He reminded the Commission that the EPA has been working to develop standards for fuel storage in 07-05-88 283 different settings; however, they have not yet been completed. He then indicated that they be- lieve there is high groundwater in the area; however, its depth will not be known until the hole is dug for the tanks. He stated they anticipate a retrofit type of installation, with a concrete slab and straps to hold the tank in place. He stated they further anticipate installation of a cathodicly protected tank which is sand bedded; however, a double-wall tank may be required instead. I Mr. Lee then indicated the subject site is located approximately 150 feet from the East Gallatin River. He noted that the applicants will work with the City staff to ensure that the appropriate underground tank installation is done and that adequate monitoring is provided. City Manager Wysocki reminded the Commission that the application for a gas station in Southwood Planned Unit Development, which involved underground fuel tanks, was very similar to this situation. He noted that the regional office of the EPA was involved in that installation as well as the City staff; and he would anticipate a similar cooperation in this tank installation. He reminded the Commission that the lines and joints must be taken into consideration, as well as the tanks. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission approve the Conditional Use Permit requested by Frank and Kathleen Coyle, for David and Minerva Vogel, to allow construction of a convenience store with retail and gasoline sales and ski rentals on Lot 5, Block 3, Bridger Center, subject to the following conditions; 1. The final site plan shall include a description and show the location of the proposed underground fuel storage tanks. It shall also include a descrip- tion and location of the commercial signage proposed for the site; I 2. The installation of the underground fuel storage tanks must be approved by the City Engineer and the City Fire Marshall; 3. The drainage and grading plan proposed for the site must be approved by the City Engineer; 4. The on-site garbage dumpster shall be enclosed according to Section 18.62.120(D) of the Zoning Code; 5. The property shall have only one free-standing sign for commercial pur- poses. Said sign shall not be flashing, revolving or have moving features. The proposed signage shall be described in detail on the final site plan and approved by the Planning Director; 6. A waiver of protest for SI D1s to improve Bridger Canyon and Bridger Center Drive shall be signed by the property owners; 7. That three copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission shall be sub- mitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approv- ed prior to the issuance of a building permit or business license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department and one signed copy shall be retained by the applicant; 8. If improvements are not installed prior to final site plan approval, the ap- plicant shall enter into an I mprovements Agreement with the City. detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; I 9. I f occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 10. All on-site improvements shall be completed within eighteen months of final site plan approval of the Conditional Use Permit. The Conditional Use Per- mit shall be valid for a period of eighteen months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been sat- isfied, the permi t wi II be permanently renewed. 07-05-88 284 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Continued public hearing - Conditional Use Permit - Michael H. Houlton for the Eckardt Family Trust - allow ap licant to establish owner's residence in buildin ro osed for commercial use - Lots 7 and 8, Block 1, Rouse s irst Addition (615 East Mendenhall This was the time and place set for the continued public hearing on the Conditional Use I Permit requested by Michael H. Houlton for the Eckardt Family Trust to allow an owner's resi- dence in a building proposed for commercial use on Lots 7 and 8, Block 1, Rouse's First Addi- tion to the City of Bozeman. The subject site is more commonly located at 615 East Mendenhall Street. Mayor Stiff reopened the continued public hearing. Planner Ron Brey presented the Staff Report. He stated that under this application, an owner's residence would be allowed as a conditional use in an M-l, Commercial--Light Manufact- uring, district. He stated the applicant owns and operates Cindy Owings Designs, which is a research and development center for originally designed and nationally marketed clothing. He indicated that the Master Plan designates the subject area as high-density residential; and res- idential development is located to the north, east and west of the site. He stated the structure was built in 1976, with four parking spaces which backed into the alley; and those parking spaces were not paved, a Ithough that was to have been done. He noted that the applicant has revised the parking scheme; and it is now in compliance with zoning regulations. Planner Brey stated that the Zoning Commission conducted its public hearing on this ap- plication and recommended approval, subject to seven conditions. He noted that the applicant now occupies the structure; therefore, he would recommend that Condition No. 4 be amended to require final site plan submittal within 45 days rather than the standard six months. He re- minded the Commission that this policy was discussed approximately a month ago when a simi lar circumstance was considered. Mr. Michael Houlton, applicant, stated the studio in this location is approximately 800 I square feet; and it is the area in which Cindy Owings does the designing for her clothing line. He stated that some dying and cutting of fabric is done in conjunction with the design work; however, no other people are involved in the process at this location. Mr. Houlton stated that, in order to better manage their cash flow, they determined it would be best to purchase a structure that would accommodate both their living quarters and the studio. He then indicated that the only cars that will be parked in the rear area that is to be paved are his car and Cindy Owings' car. Commissioner Vant Hull asked if any customers are expected at this site. Mr. Houlton stated there is no retail activity at the subject site. He also noted it is im- portant to limit interruptions as much as possible to allow Cindy Owings an opportunity to design her clothing line. Commissioner Martel asked if artist's studios are permitted in the M-l zone. Planner Ron Brey stated that the staff reviewed the proposed use and determined that a limited amount of manufacturing of consumer goods is involved in the production of patterns, in- cluding the dying and cutting of material. He indicated the staff feels that the proposed use is in general compliance with the definition of light manufacturing. Commissioner Martel stated the floor plan seems to be designed for residential use. The Planner indicated that the initial floor plan, as constructed, provided for a loading dock and back entry to a storage area, with the front having a counter. He noted that differ- ent uses have occupied the structure; and the floor plan has been modified to accommodate those I uses. He stated that the Building Official and the Fire Marshall have reviewed the structure and have no problems with its conversion to a mainly residential setting. Commissioner Martel noted there is basically zero lot line along the side of the lot; and Planner Brey indicated there are no side yard setback requirements in the M-l zone. He noted that where a different zoning is involved, such as at the front of the structure, the setback re- quirements must be met; and they have been. Commissioner Martel asked if the entire area is under review as a part of the Master Plan review process. 07-05-88 285 Planner Brey stated the entire northeast sector of the community is under review. Commissioner Martel asked about the paving requirements for this application. Planner Ron Brey stated that the staff had proposed that a portion of the alley, as well as the on-site parking area, be paved; however, the Zoning Commission felt that the intensity of use did not warrant paving of the alley. He noted that the requirement for a waiver of protest for improvement of the alley has been proposed instead; and that will be more equitable since I the applicant wi II be required to bear his proportionate share only. He then stated the staff has discussed paving of the on-site area with the applicant, giving him the option to submit this re- quirement to the Board of Adjustment for possible variance. He noted the appl icant has opted not to do so. Mr. Houlton stated concurrence with Planner Brey's statement. He stated that, now that he has been around the structure on a regular basis, he questions the need to pave that park- ing area, particularly when the west end of the alley is quite often blocked by large lumber trucks. Commissioner Martel noted there are two other ways to access the alley and parking area; and the applicant concurred. Mayor Stiff asked if the applicant agrees to the conditions recommended; and he indicated that he does. He did express concern about the requirement for paving of the parking lot, not- ing it is a high cash flow expenditure. Commissioner Goehrung asked what type of complication would be involved in having the paving completed within the 18-month period provided for installation of improvements. Mr. Houlton indicated it is a cash flow problem. He noted the business started with no employees and now has fifteen employees. He indicated those employees are located in a 4,000- square-foot facility at 802 North Wallace Avenue. City Manager Wysocki asked if it would be easier for the applicant to complete the paving this year or wait until next summer, having the work completed by July 1, 1989. Mr. Houlton stated it would be better to wait until next summer, noting the major cash I flow occurs in the last quarter of the year. He indicated their major product is a winter cloth- ing line, with a much smaller spring line available. Commissioner Martel noted the applicants have occupied the structure prior to approval of the conditional use permit. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. City Manager Wysocki recommended approval of the application, subject to the conditions recommended by the Zoning Commission with an amendment that the paving must be completed by July 1, 1989. He then noted that if the appl icant does not complete all of the improvements by final site plan approval, he must submit a letter of credit for one and one-half times the amount of the remaining improvements. The Commission discussed whether to revise Condition No. 4 to require the final site plan submittal within 45 days rather than six months. They generally concurred that the condition should remain as submitted by the Zoning Commission. Commissioner Martel stated that he feels the 45-day period is more appropriate in this circumstance, noting it follows the policy recently supported by the Commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the I Commission approve the Conditional Use Permit requested by Michael H. Houlton for the Eckardt Family Trust to allow an owner's residence in a building proposed for commercial use on Lots 7 and 8, Block 1, Rouse's First Addition, subject to the following conditions: 1. That the final site plan contain the following additional information for review and approval by the City Engineer prior to final site plan approval: a. Paving, curbing and walkway detail for the paved parking area, plus the location of one tree as required for landscap- ing improvements; b. A modified parking lot design depicting additional back-in space and a physically defined 26-foot alley entrance; 07-05-88 286 2. That the final site plan include a detailed plan of the garbage enclosure; 3. That a waiver of protest to participation in SID's for alley improvements be provided by the applicant prior to final site plan approval; 4. That three copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission shall be sub- mitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approv- ed prior to the issuance of a building permit or business license for the I project t or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department and one signed copy shall be retained by the applicant; 5. I f improvements are not installed prior to final site plan approval, the ap- plicant shall enter into an Improvements Agreement with the City. Detai led cost estimates t construction plans and methods of security shall be made a part of that Agreement; 6. I f occupancy of the structure or commencement of the use is to occur prior to installation of the improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; and 7. Paving of the parking area must be completed by July 1, 1989. All other on-site improvements shall be completed within eighteen months of final site plan approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of eighteen months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Adjournment - 8:35 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: ROSIN L. SULLIVAN Clerk of the Commission I 07-05-88