Loading...
HomeMy WebLinkAbout1986-12-01 UOl "" MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 1, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, December 1, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Martel was absent in compliance with Section 7-3-4322 (2), M. C. A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Mi nutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of November 24, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - possible letter to the Montana Economic Development Board re the Zenith Management Corporation application for use of Industrial Development Revenue Bonds for acquIsItion, remodeling and renovation 0 t e oli ay nn City Manager Wysocki reminded the Commission of the process which has been completed to date, noting that the Zenith Management Corporation submitted an application to the Montana Economic Development Board for use of lOR bonds for the acquisition, remodeling and renovation of the Holiday Inn in Bozeman. The Commission determined to conduct the public hearing in Bozeman; and on October 6 it held that public hearing and forwarded an affirmative recommenda- I tion to the MEDB. He noted that later in October, the MEDB affirmed the Commission's action, pending applicant's completion of specified paperwork; and the applicant has since obtained interim financing while working to meet the MEDB's requirements. The City Manager then stated that at its December 8 meeting, the Board will act upon the resolution of issuance for this requested IDR bond issue. City Manager Wysocki stated that Mayor Mathre and Commissioner Vant Hull have distri- buted copies of draft letters to the Commission for consideration; and he has also prepared a draft letter after consultation with City Attorney Becker. He then cautioned the Commission that any action to be taken is now at the State level; and the only Commission consideration at this time is a listing of items of concern, if they determine that a letter should be sent. The City Manager then suggested that possible items to be included in the letter would be a request for additional information regarding the proposed project prior to the public hearing. He also noted if the MEDB would provide a listing of the criteria they consider while conducting the public hearing it would be beneficial to local governments. The City Manager also noted that the Commission might also wish to consider in the future the possibility of not making a recommendation to the MEDS after holding a public hearing, but to submit a listing of items and concerns that the Commission feels the Board should consider in its deliberations on an application. Commissioner Stiff asked if the MEDB is expecting anything from the City. City Manager Wysocki stated they are not. He indicated that if they receive nothing from the City, the Board will proceed based on the October 6 Commission action. He then I stated he is concerned that the applicant has made certain commitments, and any interference by the City at this point could result in a risk which the City should avoid. Mayor Mathre asked if the MEDS will be conducting hearings of this type after the first of the year. The City Manager stated that, due to changes in the federal law, the program under which this application has been submitted will be terminated. He then indicated that other projects considered to be essential to local governments could still be sought through the IDR bond program. 12-01-86 002 Commissioner Vant Hull asked if any of the concerns raised by the Commission have been expressed to the MEDB. City Manager Wysocki stated that the concerns raised during the public hearing have been transmitted in the minutes. However, none of the concerns raised since that time have been forwarded, noting those issues are not part of the public hearing and, therefore, are not part of the public record for that hearing. He noted the Commission would need to request that the MEDB refer the item back for reconsideration to get those concerns in the record, I cautioning the Commission that such action could result in a possible liability risk. The Commissioners concurred that they do not wish to ask for reconsideration, but simply to register specific concerns and questions with the MEDB. The City Manager then submitted to the Commission his draft letter for their con- sideration. He noted that he had taken Mayor Mathre's draft and added a few sentences to reflect specific concerns that the Commission had raised during the past two meetings. The Commissioners then considered proposed revisions to the draft letter, as follows. Commissioner Vant Hull suggested that the last paragraph from her draft be included, since she feels that the immediate economic impacts on the community should be carefully considered. The Commission concurred that the last paragraph, except for the last sentence, should be included in the letter. City Manager Wysocki suggested that the final sentence in the draft be eliminated, since the Board has given preliminary approval to the application; and the Commission concurred. Commissioner Jordan indicated he would like to see the last paragraph of the first page made stronger. He also questioned how a project can be classified as economic development when jobs are switched rather than added, especially when employees with ten to fifteen years are terminated and new employees are hired at a lower level. Commissioner Stiff stated that former employees of the Holiday Inn have raised concerns that the mathematics submitted by the applicant are flawed. He also noted that the Commission has asked for specifiC numbers of past employees; but that information has not been provided. The Commissioner also expressed concern that they were told on the evening of the public I hearing that they were expected to make a decision; and then were further encouraged to make the decision on the night of the public hearing. He then suggested that the letter encourage the MEDB to subpeona the records of the previous employer prior to making a final decision on this application. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to send the draft letter, with suggested revisions, to the Montana Economic Development Board concerning the Zenith Management Corporation's application for use of Industrial Development Revenue Bonds for the acquisition, remodeling and renovation of the Hol iday I nn in Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Informationll items. (1) A copy of the City of Billings code of ethics for public officials. Mayor Mathre requested that this item be placed on the agenda for discussion prior to the end of the year. (2) A letter from Landoe, Brown, Planalp, Kommers & Johnstone, attorneys, along with legal documents indicating that the Valley Unit Corporation's case was dismissed in the bank- ruptcy court in Butte due to failure to submit the necessary documents. The City Manager I stated that the City has filed a new motion for a show cause hearing, which puts the City back in the same position as in October. (3) A memo from Director of Finance Gamradt indicating that the City will borrow $200,000, which is the optimum amount, from the Montana Cash Anticipation Program, which will benefit the Water Fund as well as the Supply Fund. He noted these monies are to be repaid on June 15, 1987. 12-01-86 -... ------ 003 (4) Mayor Mathre stated she has received information on various items in the mail which she will place by the mailboxes for Commissioner review. (5) Commissioner Jordan noted that the City of Great Falls has a snow shoveling ordinance very similar to the one here, indicating that the maximum fine is $500. He noted that the ordinance has not been strictly enforced during the past two winters; and the City has received so many complaints that they are once again beginning enforcement. I (6) The City Manager stated that in recent activity, the Police Department used $25,000 for a marijuana drug bust. He noted the monies have been safely returned to the City treasury. (7) Mayor Mathre asked when the City's SID policy will be discussed, noting that she would like to have the matter placed on the agenda before more requests are submitted. The City Manager indicated that he will place the item on the agenda within the next month or two. He then stated that possible changes in the SID law will be submitted to the legislature, after which the City may need to revise its policy again. Consent Items City Manager Wysocki presented to the Commission the following IIConsent Items. II Application for Gamin License - Cannery Loun e, 43 West Main Street - one Video raw po er mac me - through une 30, 1987 Authorize release of $2,000 from Special Drug Forfeiture Fund to police detective account Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Recess - 3:00 p.m. I Mayor Mathre declared a recess at 3: 00 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Public hearin - Conditional Use Permit - I Am Third Foundation, Ea Ie Mount - allow an educationa recreational t erapy center on a 10-acre tract located in the 0 ection 25, T25, R5E, MPM (just north of Goldenstein Lane extended, between South 3rd and South 19th Avenues ) This was the time and place set for the public hearing on the Conditional Use Permit requested by the I Am Third Foundation, Eagle Mount, to allow an educational/recreational therapy center on a ten-acre tract located in the northwest one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is located just north of Goldenstein Lane extended, between South Third and South Nineteenth Avenues. Mayor Mathre opened the public hearing. Senior Planner Marcia Elkins presented the Staff Report. She noted that South 11th Avenue extended runs along the eastern boundary of the subject 10-acre parcel. She stated that the applicant proposes to develop the site in two phases, with Phase I including a central structure, to house a kitchen area, darkroom and multi-purpose room, as well as a storage building at the rear of the property; and Phase II including expansion of the central structure I to include a pool and jacuzzi, as well as a barn. The Senior Planner then stated that Middle Creek crosses the property; and the required setbacks should be noted as well as a site drainage plan submitted so the City can be assured that runoff from use of the site does not provide a problem for the creek. She stated that access to the site will be from Goldenstein Lane, which the County plans to extend to South 19th Avenue and improve to gravel standards. She indicated that if the County has not developed the roadway by the time Eagle Mount has constructed its facility, the applicant will probably be requested to cost share that improvement. The Senior Planner stated that the 12-01-86 --.--- 00.1+ right-of-way for the extension of South 11th Avenue will not be sought during this process; however, the Planning Staff is requesting that setbacks from that right-of-way be observed in anticipation of that future roadway. Senior Planner Elkins stated that the Zoning Commission has conducted its public hearing on this Conditional Use Permit and recommended approval, subject to eleven conditions. Mrs. Greta Mathis stated that she and her husband founded I Am Third Foundation to provide a facility and programs for disabled children and adults. She noted their programs, I including skiing, swimming and a day camp, are aimed at emotionally, mentally and physically handicapped individuals. She stated that both the skiing and day camp programs have at least twice as many participants as anticipated: and they have had to limit participation because of their limited space and ability to provide transportation. Mrs. Mathis stated that Eagle Mount has also started a cancer kids program; and a facility for overnight stays would be beneficial for that program as well as the local program. Mrs. Mathis then stated that the subject site has been donated to Eagle Mount; and they would like to construct a facility of their own rather than using whatever facilities may be available. Rev. Lou Engle, Director of the I Am Third Foundation, stated that the program offers recreational experiences for those with disabilities. He noted that recreational therapy has four goals: (1) physical well-being of the participant; (2) an increase in physical skills; (3) build self-confidence: and (4) an opportunity for social integration. He noted that the various recreation programs are split into four groups, usually based on age groups or ability. Rev. Engle then briefly reviewed the cancer kids program. He noted that the program and activities are for the child and at least one parent. He indicated that a facility for overnight camping would be beneficial for all of the activities, including this one. Commissioner Vant Hull asked why dedication of the right-of-way for South 11th Avenue is not being requested at this time. Senior Planner Elkins stated that dedication of public rights-of-way is usually done through the subdivision review or the annexation process, not through the Conditional Use I Permit process. Mayor Mathre asked how much traffic impact this project would create. Rev. Engle stated that the project site would be used for the summer day camp. He noted that there are currently five employees, who would be traveling the opposite direction during peak hours; and the day camp is run during the middle of the day or in the evening, when the traffic volumes are lower. Commissioner Vant Hull asked if any of the neighbors have expressed complaints about this proposal. Rev. Engle stated that Eagle Mount has contacted all of the neighbors; and the only two responses they received back were favorable. Commissioner Stiff asked how many people are presently involved in the various programs. Rev. Lou Engle stated that about 100 are involved in the skiing program; 60 to 70 in the day camp; 40 to 50 in the swimming programs; and 20 to 25 in the cancer kids program; with a total of 200 to 250 different participants involved. Mr. AI Bertelsen stated he is the parent of a 16-year-old girl with Down's Syndrome. He indicated he feels the Eagle Mount program's greatest value is the increased self-esteem that participants obtain. He noted that, outside the school setting, thEre are few social opportuni- ties for disabled children; and as they become older, the limitations increase. Mr. Bertelsen noted that disabled children and adults are expected to perform at the peak of their ability under this program; and they strive to meet that expectation. He then indicated support for the program as well as their proposed development of this site. I Mr. Rob Tallon, Executive Director of Reach, Inc., noted that his program has been established for the developmentally disabled, and indicated that all of his clients have been involved in the Eagle Mount program since its inception. Mr. Tallon then encouraged the Commission to approve the requested Conditional Use Permit. Ms. Roberta Chandler, member of the Eagle Mount staff, stated support for the proposed project. 12-01-86 G05 Mr. Tom Wood, architect for the project, stated the applicant is in agreement with all of the recommended conditions. Commissioner Stiff asked how many square feet will be in the main structure, and how much of that facility will be used for Eagle Mount activities. Mr. Wood stated that the building is 7,528 square feet, with approximately 20 percent of the space being set aside for staff and management offices. He noted the remaining portion of I the building and facilities will be open to clients of the program. Commissioner Stiff asked about handicapped access in the various areas, particularly in the rest rooms. Mr. Wood stated that he is definitely aware of the architectural necessities for handi- capped persons, noting that he is being careful to make sure that this facility will be user friendly. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the customary one-week waiting interval be waived. Commissioner Stiff indicated that he would prefer to wait the customary one week to allow him an opportunity to review the plans for the proposed facility. Commissioner Vant Hull subsequently withdrew her second; and the motion then failed for lack of a second. A decision will be forthcoming in one week. - allow a Lots 1 5, 16, This was the time and place set for the public hearing on the Conditional Use Permit requested by Steven J. Corning, doing business as College Center, to allow a 242-square-foot professional office space in a B-1, Neighborhood Business, District, on Lots 15,16,17 and 18, I Block 50, West Park Addition. This site is more commonly known as 815 West College Street and is located at the northwest corner of the intersection of South 9th Avenue and West College Street. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the applicant is requesting that 242 square feet of an existing retail facility be allowed as a professional office space. The Assistant Planner reminded the Commission that in May the applicant applied for and received a Conditional Use Permit for the entire structure, which was originally a gas station. In October, the applicant requested that the Commission determine that an optometric practice is a retail use rather than a professional office use; and the Commission denied that request, directing the applicant to seek a Conditional Use Permit. The Assistant Planner stated that CUP is now before the Commission in this hearing. Assistant Planner Skelton stated that two of the conditions on the original Conditional Use Permit for this site have not yet been met, one being that landscape protection devices have not been installed; and neither have portions of the landscaping. He noted, however, that the applicant has indicated a willingness to make the necessary arrangements to have those improvements installed. The Assistant Planner stated that the applicant must provide 12.42 parking spaces if this new CUP is approved; and he has provided 13 stalls. He noted that the Zoning Commission has reviewed this application and recommended approval, subject to three conditions. Mr. Steve Corning, managing partner of the College Center, stated that he feels the I optometrist business will create less traffic impact than some of the other applicants he had received. He then indicated that he feels the small center is a nice addition to the community. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. Commissioner Jordan expressed concern that the Zone Code does not require an adequate number of off-street parking spaces for new development, suggesting that the staff be encouraged to review the issue. Senior Planner Marcia Elkins indicated that is one of the items on the list for staff review. 12-01-86 DOG It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commission- er Stiff and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit requested by Steven J. Corning, dba College Center, to allow a 242-square-foot professional office space in a Neighborhood Business District on Lots 15, 16, I 17 and 18, Block 50, West Park Addition, subject to the following conditions as recommended by the Zoning Commission: 1. That the use of professional office space as an extension of the optometrist retail sales be limited to 242 square feet; 2. That a method of security equal to one and one-half (1 t) times the cost of on-site improvements for improvements not currently installed be submitted to the City of Bozeman prior to final site plan approval; and 3. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Continued public hearing - Conditional Use Permit - Lewis and Clark Family Restaurant - allow a bar to be located in the lower level of the Lewis and Clark Motel (804 West Main Street)- This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Lewis and Clark Family Restaurant to allow a bar to be located in the lower level of the Lewis and Clark Motel. This site is more commonly known as 804 West Main Street. Mayor Mathre reopened the continued public hearing. I Senior Planner Marcia Elkins presented the Staff Report. She stated the proposed bar would have its access from the alley; and the legal address would be 809 West Babcock Street. She indicated that the staff has worked with the applicant during the past four months, review- ing several applications; and this application for a Conditional Use Permit is the result of that process. The Senior Planner stated the proposed bar would be located in a portion of the basement of the Lewis and Clark Motel which is vacant at this time. She noted that off-street parking would be provided across the alley from the bar. She indicated the staff has requested that the applicant go through the appropriate procedure to designate the alley a one-way, running west to east, with the parking lot running in the same manner. She noted that Mr. Sebena currently owns all of the property located along the north side of the alley as well as some of the property along the south side. She noted that one of the parcels upon which the parking lot would be located is currently under contract for deed, and Mr. Sebena's name does not yet appear as the record owner. Senior Planner Elkins stated that residences are currently located on three of the lots, south of the alley, owned by Mr. Sebena; and the grandfathered off-street parking spaces for those residences have been included in the requirements for this Conditional Use Permit since they have become involved in the process. The Senior Planner noted that the staff has indicated three areas of concern, one being that the access from the bar is directly onto the alley, since the doorway is only twelve to eighteen inches from the alley. The staff has also recommended that a striped walkway be I placed across the alley to the parking area as an additional safety measure for pedestrians. The second area of concern is vehicle access on the site. The alley is currently partially paved and is poorly drained. Also, encroachments have made the usable portion of the alley approximately 12 feet wide, which is not adequate to handle traffic. The Senior Planner stated that the staff has requested that the alley be paved to a 20-foot width, narrowing to 14 feet between the Big Brothers and Big Sisters and the Lewis and Clark Motel at the east end of the 12-01-86 JOT alley. The staff has also requested that a number of one-way signs be installed to ensure that those using it realize it is for one-way traffic. Senior Planner Elkins stated the third area of concern addresses the building code re- quirements for the subject site. She noted the bar size has been decreased from the original application, now having a maximum occupancy load of 37. She indicated that an 82-foot-long dead-end hall extends from the proposed bar area; and that hall is currently in violation of the I fire code and the building code. The Senior Planner stated there are several alternatives for correcting that situation, including installation of a locked door. Senior Planner Marcia Elkins stated that the Zoning Commission conducted the public hearing on this requested Conditional Use Permit and recommended that it be approved, subject to thirteen conditions. Mr. Jim Dobrowski, Morrison-Maierle, stated the applicant agrees to all of the conditions as listed. Commissioner Jordan asked if a 3-0 vote is considered an affirmative vote from a 7-member board. The Senior Planner stated that the board is an advisory board only; and Robert's Rules of Order do not indicate a specific number of votes required for an affirmative recommendation. She noted on this issue there was one abstention, which is considered to fall on the prevailing side; and the chairman votes only in the case of a tie-breaker. Commissioner Vant Hull questioned whether approval of this Conditional Use Permit would also approve the request for designation of this alley as one-way, expressing concern that some individuals may not support such an action. Senior Planner Elkins stated that action on the designation of the alley as one-way is a separate action from this one. She further noted that if the Commission denies the request for one-way designation, one of the recommended conditions for this Conditional Use Permit will not be met; and therefore, this project would not be completed. City Manager Wysocki asked if the six-foot offset in the width of the alley along the Big I Brothers and Big Sisters will create a situation where people tend to park. He then asked if a requirement to install "No Parking" signs should be considered. He suggested that item could be a part of the discussion on designation of the alley as a one-way. The Senior Planner stated that Big Brothers and Big Sisters is currently using a portion of their property lying between the building and the alley for their parking requirements. Commissioner Stiff asked if any of the existing buildings will be removed during this process. Senior Planner Elkins stated that a portion of the garage behind one of the residences is located within the six-foot easement to be requested along the south side of the alley; and that portion will be removed. Commissioner Stiff stated one of the property owners fronting on South Ninth Avenue has expressed concern that the properties being considered under this Conditional Use Permit are poorly maintained. He then noted a parking lot will be located behind her home, with a snow removal area designated along her rear yard lot line. The Commissioner then suggested that a requirement to provide screening between the parking lot and residences in the area be added. The Senior Planner stated that the entire block is zoned B-2, so there is no requirement for screening between the parking area and the adjacent residences in the Zone Code. She then indicated that through this Conditional Use process, a condition could be included to require screening or landscaping, with a height requirement, noting that the Zone Code provides a six-foot screening when different zoning districts are involved. I Commissioner Stiff asked if the applicant owns any of the parcels listing separate owner- ship names on the site plan. Mr. William Sebena, owner of the Lewis and Clark Motel, stated that he has purchased, or is in the process of purchasing, all of the properties having access to the alley except the Big Brothers and Big Sisters property, noting the only property not containing his name on the site plan is the one which is included in the proposed parking lot. He then indicated that a garage and an existing hedge would screen the proposed parking lot from the residence that Commissioner Stiff expressed concern. 12-01-86 --- . 005 City Manager Wysocki asked Mr. Sebena if the Big Brothers and Big Sisters might be willing to provide a six-foot easement along the south side of the alley to widen it to 20 feet along its entire length in exchange for use of the parking lot during daytime hours. Mr. Sebena indicated he would be willing to approach them about that possibility, prior to next week's meeting. Commissioner Vant Hull asked if a one-way designation would be required if the alley is to be 20 feet wide. I Mr. Jim Dobrowski stated that a 20-foot-wide alley is not wide enough for two-way traffic, noting that a traffic lane is 12 feet wide on most roadways. Commissioner Vant Hull expressed concern that the amount of parking to be provided will not be adequate. Senior Planner Elkins stated that the original request was for an area twice as large as this appl ication, noting that the occupancy load has decreased from 83 to 37 persons. She then noted that the Zone Code provides two methods for determining the number of required off-street parking spaces for bars; and the applicant may select which method he wishes to utilize. She then noted that the number of seats to be provided has remained constant through the applica- tions; however, the square footage of the facility has been reduced. Commissioner Vant Hull asked if the reduced area is accomplished through a permanent mechanism or if it can be easily removed to include the total area originally considered. Mr. William Sebena stated that a portion of the area is currently partitioned off with glass walls. He noted a portion of the vacant space will be walled off as a weight lifting room, adjacent to the swimming pool area. He then stated he feels the motel will be better served with a smaller bar area with atmosphere rather than a larger area. Mr. Sebena then stated that the area under consideration in this application is currently open to the public. Mayor Mathre continued the public hearing until 2:00 p.m. on Monday, December 8, 1986, to allow the applicant an opportunity to approach the Big Brothers and Big Sisters about an easement for the alley along their property. Adjournment - 8:45 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor -" ATTEST: Clerk of the Commission I 12-01-86