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HomeMy WebLinkAbout1988-11-07 488 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 7, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 7, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I Wysocki and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent I tems be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of October 24, 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. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of October 31, 1988 be approved as amended. 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. Request for classification of use - JoNae's Handcrafted Chocolates - 1716 West Main Street City Manager Wysocki submitted to the Commission a memo from Planning Director Epple concerning JoNae1s Handcrafted Chocolates, and requesting a classification of use. He reminded the Commission that Section 18.06.050 of the Bozeman Municipal Code provides for the Commission to classify a use which is not specifically listed in the Zone Code. He then stated that under this request, JoNae1s Handcrafted Chocolates is seeking approval to locate their "candy sales and I manufacturing" operations in the Beaver Pond Plaza, at 1716 West Main Street. The City Man- ager also submitted to the Commission a letter of opposition from Brad Daws, State Farm Insur- ance, a current tenant in the building. Planner Ron Brey stated that the applicant has requested approval to operate a "candy sales and manufacturing" business in a B-2, Community Highway Business, District. He noted this activity is not a listed permitted or conditional use within the subject zone; and the staff has been unable to determine an appropriate classification. Mayor Stiff noted that under this proposal, approximately 7/8 of the handcrafted choco- lates manufactured would be sold locally through their retai I outlet in the same location. Planner Brey stated concurrence, noting that this is the information which was submitted in the applicant's request. Commissioner Hawks stated he visited the premises prior to this meeting. He then noted that Mr. Daws has expressed in his letter concern about permeation of odors and the possibility of oils seeping into a computer business located in the same building. He asked if specific ven- tilation requirements will be imposed on the proposed business to alleviate those concerns. Planner Brey stated that specific requirements to be applied to the proposed type of bus- iness in any zoning district could help address that concern. Mrs. Norie Davis, kitchen manager of JoNae1s Handcrafted Chocolates, stated there are no greases or oi Is involved in this operation. She submitted to the Commission a letter concerning the proposed operation. She also submitted letters of support from the following owners and I tenants of the Beaver Pond Plaza: Art Switzer, Archery Center; Larry A. Calvin, Associated Brokers; and Vernon L. Koelzer, Elaine B. Koelzer, J. J. Messmer and Stephen Quayle, owners. Mrs. Davis stated that in this operation, they heat the chocolate to the melting point and recool it; and it does not give off any grease or oils during this process. She noted the manu- facturing portion of the business will be conducted in the basement of the structure. She in- dicated that ventilation has been installed to the outside because that is an important part of tempering the chocolates. She noted that, even though there are oils in the chocolate, they are not given off in this operation due to the fact that there is no cooking involved. She also in- 11-07-88 489 dicated that the stove is ventilated to the outside, as required for any commercial stove. Mrs. Davis stated that the proposed use is for a candy kitchen, which is not manufacturing. Commissioner Goehrung asked if flavorings are used, and in what form and quantity they are purchased. Mrs. Davis stated that flavorings are used in some of their candies. She stated that for twenty cups of chocolate, they use one teaspoon of flavoring. She noted that is the same I amount as housewives use when making one cake. She then indicated that the flavorings are purchased in bottles ranging in size from one dram to two ounces and are kept tightly sealed in the refrigerator, since chocolates pick up any flavor around them. City Manager Wysocki stated that during review of this request, the Planning staff re- viewed the food processing activities found in the M-l and M-2 districts, noting they are more of a manufacturing type of operation than the proposed use. He then noted that the subject ap- plication is more similar to the bakery operations found in many of the grocery stores, located in the B-2 and B-3 zones. He stated the key to classification of this use is the amount of retail involved, which is estimated at 75 percent or greater. He then noted that the term "manufac- turing" was listed on the business license application, suggesting concern about the classification of this use may be based on that verbage. He then suggested this use may be appropriately determined to be food production primarily for retail sale. He noted that could then be classi- fied under food stores, which are a listed permitted use in the B-2 district. Commissioner Martel stated he had visited the site and received a presentation on the process to be utilized. He noted the only concerns which have been raised concern odors and oils. He stated that for those to travel, they must be airborne; and the ventilation systems in- stalled address those items. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission determine that the request submitted by JoNae's Handcrafted Chocolates be interpreted the same as a food store, which is a listed permitted use in the B-2, Community Highway Bus- iness, District. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Planner Ron Brey noted that the staff may now address this type of use administratively. He then suggested the Commission may wish to request a zone code amendment to specifically list this type of use at some time in the future. He reminded the Commission that the amendment process is lengthy and cannot be used to address a specific request in a timely manner. Ordinance No. 1272 - revising license fees for dogs and establishing registration fees for cats City Manager Wysocki presented Ordinance No. 1272, as approved by the City Attorney, entitled: ORDINANCE NO. 1272 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING SECTION 2 OF ORDINANCE NO. 1085, AS CODIFIED IN SEC- TION 6.04.020 OF THE BOZEMAN MUNICIPAL CODE. The City Manager stated that included in the packets was a copy of this ordinance, which will increase dog license fees and establish cat registration fees per the Commission's discussion of last week. He noted that under this proposal, dog license fees will be $25, with those for spayed and neutered dogs being $10; and cat registration fees will be $10, with those for spayed and neutered cats being $5. He noted these are purchased on a calendar year basis; and a $5 late fee will be set for any renewal license not purchased by February 15. He then reminded the Commission that enforcement of cat registrations may be difficult. I Commissioner Vant Hull stated that the lowered license fee for spayed and neutered ani- mals will hopefully encourage individuals to have their animals altered, thus decreasing the ani- mal population explosion. Commissioner Martel noted that the City staff must complete as much paperwork to reg- ister a cat as they do to license a dog, neutered or unneutered, suggesting that the fees should be the same for all. Commissioner Goehrung noted that people have been used to licensing of dogs, however, this is an introduction to registering of cats. He suggested that to implement low fees initially could help in public relations and sell the concept; and those fees could be increased in a few 11-07-88 490 years. He suggested that even lower fees, such as $3 and $8, could be implemented initially. He then questioned whether those who do not spay or neuter their animals will take responsibil- ity for registering or licensing. He noted that a portion of the monies could be used for en- forcement, and a portion could be given to the Humane Society for their programs, including certificates for discounts on spaying or neutering and public service notices. Commissioner Vant Hull suggested that with the increase in license fees, it may be pos- sible to hire someone to go from door to door to ensure that residents have licensed their dogs I and registered their cats. City Manager Wysocki cautioned the Commission that the increase in fees will not change the budgetary requirements for enforcement of the ordinance. He suggested that such an in- crease in staffing could be considered during the budgetary process for next fiscal year. Commissioner Goehrung suggested that the Humane Society be responsible for news arti- cles, particularly in The Exponent, concerning the licensing requirements. The Commissioner stated that he feels to have someone go door to door wi II be met with resistance. He then sug- gested that the Humane Society be authorized to sell licenses and registrations prior to release of animals from impoundment. He noted that a portion of those fees could then be retained by the Humane Society for dissemination of information and other programs. The City Manager suggested that such issues could possibly be addressed in the ordi- nance if the Commission wishes to do so. Mayor Stiff asked how much the City is currenting paying the Humane Society. Commissioner Martel noted that the monthly claims for impoundment and euthanization run an average of $1,700 to $1,800 per month, or around $20,000 per year. He then expressed con- cern about increasing that amount by contributing a portion of the license fees to that facility as well. Commissioner Hawks stated support for the license fees as proposed, noting that pet own- ers should pay for these services. Commissioner Hawks then noted there is no provision for prorating of the license and registration fees, suggested that a semi-annual fee would be reasonable. The Commissioners I concurred. City Manager Wysocki stated the late fee portion of the ordinance must be reviewed with prorating of the fees. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1272, revising the dog I icense fees and establish- ing a cat registration fee, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Lease Agreement with United Commercial Travelers for City building located at 1102 East Curtiss Street City Manager Wysocki reminded the Commission that this item was previously discussed at the September 26, 1988 meeting. He then indicated he has reviewed this item with staff and recommended that the following sentence be added in Section 12: "Further, the City may wish to use the facility more times and understand there will be a mutually agreed upon nominal fee for those pre-scheduled events. II He reminded the Commission that the section now allows for the City to use the facility twice each calendar year at no cost; and this would allow the City to use it at a nominal fee for events which had been pre-scheduled well ahead of time. He noted that this will allow for the Recreation Department to use the facility for summer activities while paying a reduced rate from that normally charged for rental of the building. He stated the I United Commercial Travelers incur certain costs for operation of the facility; and the fee should be adequate to cover those. Mr. Harry Kinyon, United Commercial Travelers, stated concurrence with the proposed language. He noted it would be difficult for them to allow summer recreation programs at the facility without reimbursement of costs, but this arrangement is satisfactory. He indicated that the UCT does maintain the facility, including repair of damage caused by renters. Mr. Kinyon then stated it was his understanding that the Recreation Superintendent wanted use of the facility for summer activities, including a cooking class and a model airplane 11-07-88 491 class. He noted the facility is not set up for cooking classes; and glue from model airplanes could be very hard to clean off the floor. He suggested that a school classroom would be a more appropriate place for those activities. He noted that other types of recreational activities could be easily accommodated, however. City Manager Wysocki recommended that the Commission authorize the Mayor to sign the lease agreement, as revised. I It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the lease agreement, as revised, with United Commercial Travelers for the City-owned bui Iding located at 1102 East Curtiss Street. 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. Break - 2:58 to 3:02 p.m. Mayor Stiff declared a break from 2:58 p.m. to 3:02 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1273 - revisions to business license ordinance City Manager Wysocki presented Ordinance No. 1273, as approved by the City Attorney, entitled: ORDINANCE NO. 1273 AN ORDINANCE CONTAINING ALL GENERAL LICENSING PROVISIONS OF THE CITY; REQUIRING COMPLIANCE BY PERSONS REQUIRED TO OBTAIN LICENSES; ESTABLISHING A UNIFORM SYSTEM FOR THE ISSUANCE OF LICENSES; SETTING FORTH THE AUTHORITY OF THE CITY LICENSE OFFICER; AND PRESCRIBING PENAL TIES FOR THE VIOLATION OF ITS PROVISIONS. The City Manager stated that this ordinance has been revised per Commission discussion at the October 24 meeting. He noted that the Administrative Services Director has submitted a memo indicating the revisions which have been made. I Administrative Services Director Gamradt briefly reviewed the revisions in the ordinance. He then noted the Commission had indicated a desire to split transient merchants from itinerant vendors, with a higher I icense fee for those activities. He cautioned that the transient merchant definition includes activities such as Sweet Pea, suggesting the Commission may wish to review the definition of "temporary premises, II in which that concern has been addressed. He then not- ed that the ordinance does include a license fee of $75 per year for transient merchants. The Administrative Services Director then stated that no registration fee for non-profit organizations has been included in the ordinance. He noted a section could be added to address that issue if the Commission so desires. Commissioner Vant Hull asked about impacts on this year's budget if the provision for charging an inspection fee for exempt businesses is not implemented at the same time as this or- dinance. Administrative Services Director Gamradt stated it will have no impact. He stated that the fees contained in this ordinance are those recommended by the ad hoc committee; and the committee had determined that the fees would generate the approximately $100,000 necessary to cover associated City costs. He suggested that if experience reveals that the fees are actually generating more or less revenue than projected, the fees may need adjustment. Commissioner Martel asked under what category sale of coupon books and sale of advertis- ing by high school and college students would fall. The Administrative Services Director stated those would be considered itinerant vendor activities. He reminded the Commission, however, that those under eighteen are exempt from I this ordinance. Commissioner Martel then questioned licensing of individuals owning and renting three or more rental units, noting that some individuals make such purchases in anticipation of retire- ment. The Administrative Services Director stated that such activities do have an impact on the public. He then reminded the Commission that the license fee for such operations is based on the square footage of the office from which that rental business is being conducted. He noted in many instances, the business is conducted from a desk drawer in one's home; therefore, the minimum $25 license fee would be charged. 11-07-88 492 Commissioner Vant Hull stated that experience has shown that those rental units with an absentee owner cause more problems in a neighborhood than those where the owner resides. She then stated support for the inclusion of that category. Commissioner Martel noted that the ordinance requires a separate business license for branch establ ishments. He then asked if the 24-hour bank tellers are exempt from that require- ment. Commissioner Goehrung noted that Montana law does not allow for branch banks. He I stated, however, 24-hou r teller machines are not considered branch banks, therefore, they are allowed. Commissioner Goehrung asked if Sweet Pea would be required to purchase a license for the booths at that event under this ordinance. Administrative Services Director Gamradt stated it was his impression the Commission did not wish to require licensing of that type of activity. He suggested the definition of "temporary premises II should address that issue. He did express concern, however, about enforcement of what is determined to be a "community sponsored event authorized by the city commission, II not- ing he did not intend that phrase to cause requests to come before the Commission on a regular basis. City Manager Wysocki stated the purpose of the license fee for transient merchants is to discourage those individuals who come into town with their wares in the back of a vehicle who sell items in direct competition with local merchants. He noted that events such as Sweet Pea are community-wide activities which are supported and enjoyed by a large portion of the resi- dents. Commissioner Hawks noted that some transient merchants bring items and services to the community that would not be able to survive as a regular business. He then indicated he feels the $75 license fee is fairly prohibitive. Following a brief discussion, a majority of the Commission concurred that the $75 license fee for transient merchants should remain in the ordinance. The Commission further concurred that no registration fee for non-profit organizations I should be established. Commissioner Martel asked if there is a deadline for renewal of licenses; the Administra- tive Services Director indicated businesses are given until February 15 to renew their licenses. He noted that the application form for that renewal is mailed in mid-December to all businesses with current licenses. Commissioner Martel then asked if reminder letters are sent in late January. Administra- tive Services Director Gamradt indicated no letters are mailed, but telephone calls are often made. He then stated it would be easy to send reminder letters in January. City Manager Wysocki recommended that the Commission provisionally adopt Ordinance No. 1273, and set the public hearing for November 21, 1988. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission provisionally adopt Ordinance No. 1273, revising the general business licensing provi- sions of the City, and set a public hearing for November 21, 1988. 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. Discussion - formation of standing committee for beautification of Bozeman City Manager Wysocki stated that several items were included in the Commissioners' pack- ets for this item, including a memo listing several questions which should be addressed, a memo from Planning Director Epple, an excerpt from the minutes of the January 10, 1983 Commission meeting concerning the process for appointments to boards and commissions, a listing of goals I for this fiscal year, a list of the "also ran" goals for this fiscal year, and a copy of the request form for capital improvement projects. He then encouraged the Commission to spend time estab- lishing the scope of the committee's work, since beauty is far-reaching. He suggested that a narrow scope could be established initially and expanded later if necessary. He then suggested items to be included could be streetscape, landscaping and weed control. Mayor Stiff asked what capital improvement projects have been established for parkland acquisition. He then noted that the goals list includes tree maintenance and tree planting, as well as prioritization of parkland improvements and acquisition. 11-07-88 493 The City Manager stated that wells for irrigation of various parks have been included in the capital improvement program. He noted that the School District has asked the City to con- sider purchase of Christie Fields for park purposes. He indicated that Parkland Trust Fund monies can be utilized to fund a portion of those costs, however, General Fund monies or some other source of revenues must be used to fund the remainder. Commissioner Martel noted that renovation of the bandshell at Bogert Park is imminent. I Mayor Stiff noted that operational budget constraints limit tree maintenance at the present time. Commissioner Hawks apologized to the Commission for any pressure they may have felt during last week's presentation. He then stated it is his desire to appoint a committee to move the process along, so that a Centennial project in which people may become involved can be undertaken next summer. He stated that the goals referred to above are very pertinent and could be included as a part of this proposal. The Commissioner stated there has been a void in suggestions for Centennial projects; and he feels that this committee could help further that pro- gram locally. He then indicated that he has reviewed the concerns and questions reflected in the City Manager's memo, suggesting that the Commission formalize answers to each one. He suggested that in addition to the items listed by the City Manager, master planning of the parks and the community's entryways should be addressed. Commissioner Hawks stated that he feels the findings of the ad hoc sign committee and the existing planning and zoning regulations must be considered in developing proposals. He indicated that private individuals will be encouraged to participate in this project. He stated concurrence with Planning Director Epple's comment that the City gets a "black eye" for not having led the way with beautification of its own properties, including the parking lots. He a I so noted he has heard comments that the City circumvents its own landscaping regulations. Commissioner Hawks then stated he has no problem with following the customary appoint- ment process, even though it will take longer. He indicated that he feels a committee recommen- dation must be submitted to the Commission by March 1 so that the Commission then has an op- I portunity to review the recommendations and make a decision in a deliberate manner prior to the spring landscaping season. Mayor Stiff thanked Commissioner Hawks for causing the Commission to focus on this is- sue. He noted that a tree trimming program and a tree replacement program are very important and should be initiated immediately if possible to protect the community's asset. He also stated he feels the Commission should make every effort possible to fund weed control efforts in the community. The Mayor stated he also feels that enforcement of conditions for approval of projects should be strengthened. He suggested that such enforcement could help in the beautification process. Mayor Stiff then expressed concern about appointing a committee to address an issue such as beautification, noting that "beauty is in the eye of the beholder. II He also expressed concern that those who have an interest in this type of issue may not apply to serve on a committee to address it. He stated he would prefer that the Commission address the item itself, accepting input from everyone who is willing to speak. He then stated he feels this issue is a Commission responsibility. Commissioner Vant Hull stated she feels a committee could provide more focus and be a catalyst. She suggested that the public may also be more willing to talk to a committee than to the Commission. She noted that a steering committee could be established at this time, with that body making recommendations for a possible standing committee. Mayor Stiff reminded the Commission that the community already has a Centennial Commit- I tee. He noted that the Committee would probably welcome any suggestions for a centennial pro- ject, suggesting that approach rather than creating another committee. Commissioner Vant Hull indicated she approached that Centennial Committee a few months ago about a beautification project. She stated that the committee had decided to be a catalyst and encourage those with projects to proceed rather than to develop projects. Mayor Stiff suggested that, rather than create a committee, the Commission seek input from the general public, with all comments to be submitted to the Clerk of the Commission. He stated that input could then be addressed by the Commission, rather than a committee. Commissioner Martel stated the Centennial is a historical type of focus. He noted, how- 11-07-88 494 ever, that people want to show the best side of the community during such an event, therefore, a beautification project may be desirable. He noted that to appoint a committee will help involve community people, stating it is essential that this become a community-wide effort. Mayor Stiff cautioned that recommendations submitted by the committee may require a monetary contribution by the City. He noted that is an issue which has kept the Commission from realizing many of its goals and cautioned that this effort could incur the same problem. Commissioner Hawks stated it is important to get people involved in the Centennial pro- I jects. He noted that for the Commission to select a project and then ask people to become in- volved will not work nearly as well as having a committee of citizens working on the project from the start. Commissioner Goehrung stated it is essential to provide the community with a focus to get them motivated. He stated that he feels the appointment of a committee could help in that pro- cess. He also suggested that the Commission advertise for all persons interested in serving on such a committee, with no specific expertise being requested or required. He noted the commit- tee could prepare recommendations for City-sponsored programs as well as projects which indi- viduals can do to be a part of the Centennial activities. The Commissioner then suggested the Commission could become actively involved by implementing a tree maintenance program, as well as initiating beautification of North 7th Avenue in anticipation of the extension of North 19th Avenue and the interchange. Commissioner Goehrung then stated that expertise in areas pertaining to beautification is important. He suggested it may be beneficial to have a list of tree species which will grow in the community, as well as a listing of those that will grow well along a boulevard. He then stat- ed that focusing on volunteerism is a small item which the staff does not have time to address. Commissioner Hawks concurred that the advertisement for people to serve on the commit- tee should be very open and include all who are interested. He noted that those who apply will be ones who have an interest in or expertise in the area of beautification. City Manager Wysocki suggested that the Commission review the questions contained in his memo, which they did as follows. I The Commission concurred that it may be beneficial to provide for ex officio members on the committee. Those members would participate in committee discussions but would not be a part of the decision-making body. The Commission concurred that the committee is to be a steering committee, beginning its meetings as soon as possible, and terminating on December 31, 1989. The committee is to submit its recommendations to the Commission by March 1, 1989. The committee is also to submit any recommendation for formation of a standing committee prior to its termination. The Commission concurred that the committee will not review any requests for planning or zoning items. The Commission concurred that the advertisement for individuals to serve on the steering committee is to be very general, with no specific disciplines being listed. The Commission further concurred that representation from the zoning jurisdictional area should be solicited. However, no other specific representation should be requested. City Manager Wysocki encouraged the requirement for a fiscal note for any budgetary im- pacts on a II recommended projects. He noted that a request form for capital improvement pro- jects should be completed, to provide the needed information for future funding considerations. He stated this form is to be used for requests for new projects, major maintenance projects or equipment. Commissioner Vant Hull suggested that the committee be encouraged to seek private con- tributions or grants for funding of the projects they recommend. The Commission concurred that the beautification proposals are to include the entire com- I munity, although the entryways should be encouraged to become involved. City Manager Wysocki suggested that small projects, or larger projects split into small phases, should be encouraged. He noted that the project can then be completed in a short per- iod of time, rather than having a partially completed project after the people have lost their en- thusiasm. The Commission concurred. Mayor Stiff asked if the staff is prepared to follow up on compliance with conditions for approval of conditional use permits. 11-07-88 495 City Manager Wysocki indicated the staff is prepared to do so, as long as they have the full backing of the City Commission. He noted that some individuals may not appreciate the re- quirement to comply more fully with the landscaping requirements. He then encouraged the Commission to allow the Planning staff to work with individuals in requiring more compliance, noting that it may not be in the best interests to require a person to remove a large amount of asphalt to meet the original landscaping requirements when an alternative may be equally accept- I able. The Commission indicated concurrence with the City Manager's comments. The Commission then addressed the scope of the committee's considerations. They con- curred that streetscape, landscaping, master planning of parks, and weed control be listed as the scope for committee consideration. Commissioner Hawks suggested that coordination with planning and zoning regulations and recommendations from the ad hoc sign committee must be considered; and the Commission concur- red. Commissioner Hawks then asked Planner Brey about the status of an overlay district for entryways to the community. Planner Ron Brey stated that the overlay district will probably not be completed until after the steering committee has submitted its recommendations. Mayor Stiff asked if the beautification program will dovetail with the Master Plan updated. Planner Brey stated that beautification of the community, particularly the entryways, will coordinate well with the Master Plan. The Commissioners then reviewed those questions listed in Planning Director Epple's memo, noting that they had been addressed above. They concurred that the beautification pro- ject should be for all properties within the city limits, possibly encouraging those areas near the city to participate as well. The Commission then directed the Clerk of the Commission to advertise for applications for the steering committee. They set a November 22 deadline for acceptance of applications, with appointments to be made on November 28. I Recess - 5:05 p.m. Mayor Stiff recessed the meeting at 5:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearin - Commission Resolution No. 2727 - intent to annex two tracts containin 7.642 acres, located in the SEL Section 14, T2S, R5 , MPM (Aaker Annexation along west side of South 19th Avenue) This was the time and place set for the public hearing on Commission Resolution No. 2727, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2727 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, AMENDING COMMISSION RESOLUTION NO. 2533 WHEREIN THE CITY COM- MISSION DECLARED ITS INTENT TO ANNEX A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki presented to the Commission a letter from David Lockie, Chairman of the Land and Building Committee of the Evangelical Free Church of Bozeman, indicating that I the legal description of the property must be modified. The applicant further requests that the public hearing on this item be tabled indefinitely until the necessary modifications have been made. The City Manager then recommended that the Commission postpone the public hearing per the applicant's request, noting that an advertisement will be published for the new public hear- ing date. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the public hearing on Commission Resolution No. 2727 be tabled, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, 11-07-88 496 Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Public hearing - Master Plan Amendment - Hubert M. Reid - amend land use designation from Medium-density Residential to Multiple Use - 6. 9-acre tract known as Tract A of COS No. 1329 (310 Ice Pond Road) This was the time and place set for the public hearing on the Master Plan Amendment re- quested by Hubert M. Reid to change the land use designation from Medium-density Residential I to Multiple Use on Tract A of Certificate of Survey No. 1329, located in the northwest one- quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian. The sub- ject site is more commonly located at 310 Ice Pond Road. City Manager Wysocki submitted to the Commission a letter from the applicant, Hugh Reid, and his consulting engineer, Gerald M. Gaston, withdrawing this application for Master Plan Amendment. He then recommended that the Commission acknowledge receipt of the letter. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission acknowledge receipt of the letter of withdrawal of this application for a Master Plan Amendment, as submitted by Mr. Hugh Reid and his consulting engineer, Mr. Gerald M. Gaston. 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. Public hearing - Conditional Use Permit - Kit Van Chu, owner, Great China Wall Restaurant - allow beer and wine service within restaurant on Lot 3, West Main Business Plaza (525 South Professional Drive) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by the Great China Wall Restaurant to allow beer and wine service within the restaurant located on Lot 3 of the West Main Business Plaza. The subject site is more commonly located at 525 South Professional Drive. Mayor Stiff opened the public hearing. I Planner Tom Sheely presented the staff report. He stated that under this Conditional Use Permit application, beer and wine service would be allowed as an accessory use to the exist- ing restaurant, which is located in a B-2- T, Community Highway Business with a Transitional Overlay, District. He stated that review of the application revealed that two of the conditions imposed on the original Conditional Use Permit for the restaurant, approved in 1983, have not yet been met. He noted that the landscaping has not yet been completed; and the enclosure for the garbage dumpster was constructed but is not being used. Planner Sheely stated that, following review of the application and the site, the staff re- commended approval subject to six conditions. He noted that four of the conditions are the standard conditions. One of the conditions requires that the applicant complete the landscaping requirements, in accordance with the Planning Director's approval, prior to issuance of the City's beer and wine license. The other condition is that the dumpster be screened from view on the north and east sides. He indicated that at the Zoning Commission meeting, this applica- tion was placed on the consent agenda and approved with the recommended conditions. Ms. Kelly Patrick-Tholt, Assistant Manager of the Great China Wall, stated that they are willing to meet the conditions recommended by the Planning staff. She noted that the landscap- ing, which includes planting of one tree and a group of bushes, can be completed yet this fall. She then stated that the garbage collection firm was unable to pick up the dumpster with the truck when it was located within the enclosure; therefore, it was relocated on a cement pad out- side the enclosure. She indicated a willingness to screen the dumpster on the north and east, so it is not visible from West Main Street or South Professional Drive. I Commissioner Martel questioned why the conditions for the original Conditional Use Permit were not met. Planner Sheely indicated that during that period of time, the organization structure was such that the Building Inspection Division sometimes issued building permits on projects before the conditions for approval had been completed. He noted that recent reorganization of those activities has alleviated many of those communication problems. He further noted that the Plan- ning staff has taken a much more aggressive approach to ensuring compliance with conditions for approval. 11-07-88 497 City Manager Wysocki cautioned the applicant that failure to comply with the conditions for approval could result in revocation of the City's license for serving of beer and wine. 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 cus- tomary one-week waiting period be waived. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner 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 the Great China Wall Restaurant to al- low beer and wine service within the restaurant located on Lot 3, West Main Business Plaza, subject to the following conditions as recommended by the Zoning Commission: 1. As per the approved final site plan for the original Conditional Use Permit issued for this property, the landscaping shall be completed and approved by the Planning Director prior to issuance of a Beer and Wine License to the applicant; 2. The on-site garbage dumpster shall be moved within the enclosure shown on the approved final site plan, or it shall be screened on the north and east sides per Section 18.62. 120 (D) of the Zoning Code prior to the issuance of a Beer and Wine License; 3. Three copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval, prior to issuance of a Beer and Wine License to the applicant. One signed copy shall be retained by the Planning Direc- tor, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 4. If improvements are not installed prior to final site plan approval, the ap- plicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of security shalf be made a part of that Agreement; I 5. 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; 6. All on-site improvements shall be completed within 18 months of final site plan approval of the Conditional Use Permit. THe Conditional Use Permit shall be valid for a period of 18 months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that pe- riod, 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. I f 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 Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Public hearing - Zone Map Change - B-2- T and R-4 to B-2- T - Montana Power Company - Lots 17, 18, 19, 20, 21 and 22, Block H - Story's Addition (1003, 1007 and 1013 West Babcock Street) This was the time and place set for the public hearing requested by Montana Power Com- pany for a Zone Map Change from B-2-T, Community Highway Business with Transitional Over- lay, and R-4, Residential--Medium-density--Apartments, to B-2- T, Community Highway Business with Transitional Overlay, on Lots 17, 18, 19, 20, 21 and 22, Block H of Story's Addition. The site is more common Iy located at 1003, 1007 and 1013 West Babcock Street. I Mayor Stiff opened the public hearing. Planner Ron Brey presented the staff report. He noted that under this application, the property located along the north side of West Babcock Street between South 10th Avenue and South 11 th Avenue would be rezoned from B-2- T and R-4 to B-2- T. He indicated that the ap- plicant submitted an application for a Master Plan Amendment, which was approved in September 1988 and has now submitted the subject application for rezoning. He indicated the applicant proposed to expand the office facility fronting on West Main Street, which requires provision of additional parking. He noted that under the zone code, parking must be provided within the same zoning district as the use it serves. 11-07-88 498 Planner Brey briefly reviewed the surrounding zones and uses. He stated that the staff reviewed the application, considering the twelve criteria for zone map changes. He noted con- cerns include trip generations and access to the site. He stated that West Babcock Street is basically an extension of the one-way couplet, West Main Street is an arterial, and South 11th Avenue is a collector. He indicated that following the review, the staff recommended that the applicant apply for a B-2- T zoning, which was done. The Planner then reviewed the standards for the IITII designation, as follows: I Because this district is adjacent to the West Main commercial corridor and serves as a buffer between this corridor and the residential and office uses to the south, appropriate access provision is necessary to avoid congestion on West Main Street and South 11 th Avenue, and to avoid excessive impacts on the parcels to the east and south. The following standards are imposed: 1. All development proposals within this district shall submit a site access plan for in-house review and approval by the planning staff, Director of Public Service, police and fire departments in addition to meeting the other requirements of the underlying zone. Planner Ron Brey stated that following its public hearing on this application, the Zoning Commission unanimously voted for approval of the rezoning with the condition recommended by staff. Mr. Jerry Lacoti, Fullerton Architects, stated he represents the applicant. He then indi- cated concurrence with Planner Brey's presentation, noting he would respond to any questions. Commissioner Martel noted the alley in this block, as well as the one immediately to the east, seems to have been abandoned. He then noted that utility lines are located in that area; however, no easement appears on the map. Mr. Max Russell, Montana Power Company, stated that no easements appea r on the exist- ing deeds to the subject properties. Planner Brey indicated that an in-house review would allow an opportunity to address any utility relocations. No one was present to speak in opposition to the requested Zone Map Change. I Mayor Stiff closed the public hearing. Commissioner Hawks indicated that he would be abstaining from any votes on this agenda item because he owns property immediately across the street from the subject site. 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, Commission- er Vant Hull and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission approve the Zone Map Change requested by Montana Power to change the zoning from B-2- T, Community Highway Business with Transitional Overlay, and R-4, Residential--Medium- density--Apartments, to B-2- T, Community Highway Business with Transitional Overlay, on Lots 17, 18, 19, 20, 21 and 22, Block H of Story's Addition, with the following condition to be ap- plied to the "T" designation: Because this district is adjacent to the West Main commercial corridor and serves as a buffer between this corridor and the residential and office uses to the south, appropriate access provision is necessary to avoid congestion on West Main Street and South 11th Avenue, and to avoid excessive impacts on the parcels to the east and south. The following standards are imposed: 1. All development proposals within this district shall submit a site access plan for in-house review and approval by the planning staff, Director of Public Service, police and fire departments in addition to meeting the other requirements of the underlying zone. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Commissioner Hawks abstained. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 11-07-88 499 ( 1 ) Agenda for the Board of Adjustment meeting held at 1 :30 p.m. this date. (2) A note inviting Commissioners to participate in a mortgage burning ceremony for the Senior Center, to be held at noon on Tuesday, December 6. The City Manager requested that the Commissioners indicate whether they plan to attend. (3) Agenda for the Governmental Affairs Committee meeting held at noon today. Commissioner Martel stated he attended that meeting. He then stated he has requested I that the Chamber submit a presentation to the City Commission concerning upcoming legislation; and that presentation should be forthcoming within the next three weeks. (4) A letter from Mildred McAfee and Vera DeHaan concerning the Police Department's request for a Conditional Use Permit for a firing range at the landfill site. The City Manager indicated this letter has been placed in that file. (5) A copy of the advertisement to be placed in the newspaper for applications for the steering committee for beautification, as discussed during this afternoon's session, as well as copies of the appl ication form for those positions. (6) Commissioner Hawks asked about the status of the policy concerning vacation of public rights-of-way. City Manager Wysocki indicated he will check with Director of Public Service Forbes. (7) Commissioner Goehrung questioned whether a listing of areas where fill dirt is be- ing dumped should be started in the Planning Department. He noted at the present time, there are few areas; but those may become critical at the time construction is done. Commissioner Martel stated that in most instances, an engineer would be involved in a project; and adequate soils tests should be done. City Manager Wysocki noted in some instances an engineer may not be involved. He then indicated he will discuss this issue with Planning Director Epple and Director of Public Service Forbes to see if such a listing would be beneficial. (8) Commissioner Vant Hull asked if the City should enact an ordinance that prohibits the drilling of wells for domestic use. I The City Manager concurred. He noted that subdivision regulations require installation of a central water and a central sewer system; however, additional measures should be enacted to ensure that the domestic water supply is provided by the City and is separate from any other water sources. Commissioner Vant Hull expressed concern about possible contamination of the City's water system from other sources, particularly wells. (9) Commissioner Hawks noted that the request submitted by Mike Kvasnick for private use of a City line was denied without further Commission consideration. The City Manager indicated it was his understanding that issue was referred back to staff for final resolution if possible. He then stated the Director of Public Service reaffirmed his original decision following further review. He noted that under the proposal, Mr. Kvasnick wished to install one water meter for two buildings located on separate parcels. The City line, which runs under East Aspen Street, was then to be used as a private line running from the meter to the second building; and any repairs to that line would require tearing up of the street. (10) Mayor Stiff stated he and City Manager Wysocki have been invited to attend the Chamber of Commerce retreat to be held on November 15 and 16. He indicated they plan to at- tend the Wednesday session only, if the Commission approves. The Commission concurred. (11 ) Mayor Stiff stated the National Organization on Disability has submitted a request for appointment of a liaison. He noted that Shirley Sedivy has been serving in this capacity and has indicated a willingness to continue serving for another two years. He stated the local group I has been working on an application for a $5,000 grant from Westinghouse Electric for the Hyalite Recreation Area. He then recommended that the Commission nominate Shirley Sedivy to serve for another two-year term. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission nominate Shirley Sedivy to serve as liaison to the National Organization on Disability for a two-year term. 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. 11-07-88 500 (12) Mayor Stiff stated he has received an invitation to the Military Ball, to be held on December 9. He indicated he will be unable to attend and asked if any of the Commissioners are interested. All Commissioners declined. (13 ) Mayor Stiff stated he has been receiving information from the Friendship Caravan concerning diplomatic relations with the Soviet Union. He noted there is to be a reception for Soviet leaders and Mayors in Washington, DC in the near future. (14 ) Commissioner Vant Hull suggested that the rules and procedures may need to be I revised slightly to make Commission meetings run more smoothly. She suggested those revisions could include having Commissioners share all communications with all other Commissioners. Fol- lowing discussion, the Commissioners concurred that any communication not of a personal nature could be shared with other Commissioners. The City Manager requested that such distributions include copies to him and the Clerk of the Commission. Commissioner Vant Hull then suggested that all Commissioners make an effort to ensure that all information relevant to an agenda item be distributed in the packet rather than on the Commissioners' desks on Mondays. She indicated that items where additional information is sub- mitted on Monday could be tabled for a period of one week whenever possible. City Manager Wysocki asked the Clerk of the Commission to review the deadlines for sub- mittal of information for Commission meetings. She indicated that the deadline for submittal of agenda items is noon on Wednesday; and the deadline for submittal of back-up information is 5:00 p.m. on Thursday. The City Manager then noted that in some cases that is not possible. He also noted that the applicant or someone with an interest in an agenda item may submit infor- mation during the discussion. Commissioner Hawks suggested that the Commissioners could acknowledge receipt of infor- mation during the Commission meeting but not expect to comment on that information until after they have adequate time to review it. He indicated that could alleviate the uneasiness of trying to assimilate information on the spot. The City Manager indicated there are times, when an issue may be sensitive or complex, that the staff submits information to the Commission at the time of the discussion. He noted that I item is then carefully reviewed so that all understand it. He cited as an example the Valley Unit situation, upon which the Commission will receive an update at next week's meeting. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize City Manager to sign - amendments to engineering contracts for L man Creek and the Southside Su I - chan e name from Sanderson/- Stewart Gaston Engineering, Inc., to Gaston Engineering & Surveying, P.C. Authorize City Manager to sign - contract documents for Wheat Drive Outfall Sewer - Johnston Excavating, I nc. Authorize Cit Mana er to si n - Chan e Order No. 1 to the landfill scales contract - add 170.00 Bui Iding Inspection Division report for October 1988 Authorize Call for Bids - Lyman Creek Improvements It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Adjournment - 8:12 p.m. 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. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner 11-07-88 501 Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 11-07-88