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HomeMy WebLinkAbout1987-07-20 30S MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 20, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, - Municipal Building, July 20, 1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Norman. 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. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of their regular meeting of July 13, 1987, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Com- missioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - possible lifting of hour restrictions on outdoor watering City Manager Wysocki noted that Commissioner Martel had requested this item to be placed on the agenda. He also presented to the Commission a memorandum written by the Director of Public Service regarding the possible lifting of hourly watering restrictions. He stated he feels the memorandum is self-explanatory. He noted that a letter written by Janis Bille had also been included in the Commissioners' packets and that Mrs. Bille was present at this meeting. He indi- cated there might be others who wish to address the Commission regarding this agenda item. Commissioner Martel stated he was confused by the second paragraph of Mr. Holmes' memo- randum. He noted he does not understand the comparison between 1985 and 1987. He stated he was also surprised to learn of the problem of delivery due to pipe size. I Director of Public Service Holmes stated that in 1985 restrictions were put in place only after problems occurred. He noted before the restrictions took effect, the City was hurting for water. Commissioner Martel stated it is his understanding the City can produce 12 million gallons of water per day without hurting. Mayor Mathre noted that Mr. Holmes' memorandum had indicated the water plant is not pre- sently operating at full capacity because of filter problems. She questioned whether this is temp- orary and when it would be operating again at full capacity. Mr. Holmes stated the plant will again be 100 percent operational when the parts are received and in place. Commissioner Martel stated he feels even with the plant not 100 percent operational, it can produce adequate water to supply the citizens of Bozeman without any watering restrictions except for odd-even days. He stated he feels there is an adequate supply of water and it should be used by the citizens who want it rather than letting it run down the creek unused. Commissioner Martel noted the water fund needs the additional revenue to get out of the "red" and the City should sell as much water as is available. Mayor Mathre stated she feels there are two issues. Number one, there is the issue of supply. She stated the figures indicate the water supply is fairly good. She stated the other factor is the ability or capacity of the system to deliver water. Mayor Mathre stated it appears there are three constraints, those being: (1) size of transmission line, (2) production capability of treatment plant, and (3) recovery time of the storage tanks to maintain adequate pressure. I Commissioner Martel stated he feels the recovery time of the storage tanks is not that cru- cia I. He stated he materialistically fails to see that any problem exists. In response to a question from Mayor Mathre as to typically the capacity of the storage tanks, Public Service Director Holmes stated the tanks hold just a shade under six million gal- lons and are usually 95 to 97 percent full. Commissioner Martel asked if that means it takes ten hours to produce 1.5 mg when the plant can process 10 mg per day. He noted something doesn't add up. 07-20-87 309 Mayor Mathre asked if these tanks are filled each day. Director of Public Service Holmes stated at the beginning of each watering period it is the desire of the City that the tanks be fu II. Mayor Mathre also questioned how far down the tanks are drawn. Mr. Holmes replied they are usually drawn down approximately seven feet. Commissioner Martel then asked Director of Public Service Dick Holmes if he was using the mass diagrams which were developed at the time of the new water treatment plant proposal I and design, which former City Engineer Nei I Mann prepared from historical data concerning use and sources of water supply. Director of Public Service Holmes replied that he never had never seen any. Commissioner Martel stated he feels there is not that much pressure loss even if the tanks are half full. Commissioner Vant Hull reminded Commissioner Martel that the loss of pressure is felt in the higher elevations of Bozeman. Commissioner Martel noted that the water use report for the week ending July 15, 1987 shows about 45 mg were drawn from sources, but less than 29 mg were used, meaning 16 mg were unused that week. Commissioner Stiff stated he feels there is no typical year in Bozeman. He stated he feels people have been hesitant this year to make improvements in their yards because of the water- ing restrictions. He questioned whether the rationing could be maintained but on a broader scale. He stated he agrees somewhat with Commissioner Martel in the inconvenience of the water- ing restrictions. He stated it seems with the apparent adequate supply, the City should be able to have more elbow room while retaining the ability to correct the situation if wrong. Com- missioner Stiff stated he would not desire the City get in a position where it cannot react. Director of Public Service Holmes informed the Commission that should the hourly watering restriction be lifted but the odd-even system retained, it would be hard to contemplate in ad- vance the usage of water. He reminded the Commission there is an elapse of 18 hours from the time the water is released from the reservoir and the time it is available for use. Commissioner Stiff again noted there should be some way for the City to flex its muscles. I He stated that with the existing deficit in the water fund and the desire of the people to have more water, there should be some compromise.. Mayor Mathre noted that before the hourly restrictions were in effect in 1985, the City was only on the odd-even day watering system. She reminded the Commission the City had to institute the hourly restrictions because the usage of water was too great. She also noted the staff is now suggesting the restrictions could be relaxed somewhat by increasing the hours. Commissioner Vant Hull stated she would be agreeable to adding one hour to the watering periods. She stated she feels Commissioner Martel's memorandum was good, but does not feel he took into consideration the production time. Commissioner Martel stated he feels there is no problem with recovery time. He stated the use of water is minimal during the night and the tanks could be refilled during that time. Mayor Mathre questioned the Director of Public Service If the concern is for the recovery period during the day. Director of Public Service Holmes indicated the concern is for the re- covery periods both during the day and night. Commissioner Martel again stated that the tanks should be recovering a little during the day with just domestic use and cannot see where recovery time should be a problem. Mayor Mathre asked how many hours are needed between the two watering periods for re- covery of water in the storage tanks. Public Service Director Holmes stated that ideally there should be eight hours. Mayor Mathre then noted that should the watering hours be extended from 5:00 to 9:00, there would still be adequate time for recovery. Commissioner Martel suggested the City try the alternate watering days without the hour~ I Iy restrictions on an experimental basis for a two week period. He stated he feels the City might find that the people will use less water than when forced to use it during certain hours. Commissioner Vant Hull reminded Commissioner Martel the City had tried that system two years ago and it did not work. Commissioner Martel noted the weather pattern is different this year than it was in 1985. Mayor Mathre stated that perhaps the watering situation could be relaxed later in the summer when the City is sure how much water remains. Director of Public Service Holmes indi- cated that in August it would be a different situation. He noted the City could better determine the water supply at that time. 07-20-87 ----------------- ----------- --~ 310 Commissioner Martel indicated he does not feel the City should leave water in Hyalite Reservoir when it cannot use it after September. Director of Public Service Holmes noted it is not a certainty there will be excess water in Hyalite by September. He then stated that if the creeks run dry, the City can use any remaining water from Hyalite. Mr. Holmes stated it is the staff's responsibility to protect the people of Bozeman's water supply. Mayor Mathre noted the staff is willing to reconsider the watering restrictions in August. She also noted the recommendation from staff to add an additional hour to the watering restric- I tions should boost the water fund. Janis Bille, 411 West Olive, addressed the Commission and stated she feels there should be exceptions made to the watering restrictions in the case of contractors who are adversely af- fected in earning their living. City Manager Wysocki noted the watering restriction ordinance does not allow for excep- tions. Mayor Mathre informed Ms. Bille that any amendment to the ordinance to allow for excep- tions would not take effect for 30 days after approval. Ms. Bille noted there will be the same consideration every year there are watering restrictions. She stated even if the amendment would not help this year, it would be in place to help in the future. Commissioner Vant Hull stated there are a number of contractors who are affected by the watering restrictions. She indicated she had talked with the City Manager in Belgrade and the City Manager there had informed her that Belgrade does make exceptions in hardship cases. She stated she would support adding an extra hour for watering in the morning and evening. Commissioner Stiff questioned as to what would happen if the City were to keep the water- ing restriction hours but do away with the odd-even system. Director of Public Service Holmes stated that on the surface, it would appear to him the usage of water would double. He stated if the people are allowed to water every day, then the watering hours should be cut in half. The City Manager also noted that eliminating the odd-even system would double the amount of people who would be watering and the drawdown of the storage tanks would thus be doubled. I He stated he feels that alternative might put the City in a situation it would not be able to deal with. Commissioner Vant Hull stated that most people do not want to water every day, but do want the watering hours extended. Commissioner Stiff also noted that it would be too expensive for most people to water every day. Ms. Bille again addressed the Commission and stated when a contractor needs to rent equip- ment which uses outdoor water, the rental shops are not open when the watering hours begin. She also noted the rental shops close before the watering hours end in the evening. The City Manager noted contractors are permitted to rent equipment overnight. Randy Pickering, Story Distributing, addressed the Commission and noted it was his obser- vation the water supply problems began after Mystic Dam was breached and Hyalite Reservoir became the only source of stored water. He questioned as to what would eliminate the necessary rationing. City Manager Wysocki stated that: (1) the City's capability to produce water at the rate that people want to use it; (2) better use of the existing water supply, which would include con- struction of presedimentation basins in which to store creek water which is now lost downstream; and (3) el imination of distribution problems as relating to leaks. Mr. Pickering then asked what it would take to replace Mystic Dam. The City Manager answered about $5 million. Commissioner Stiff asked if there is any method to accommodate Ms. Bille's concern. The City Manager stated it is difficult to determine where to draw the line. I It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the water- ing restrictions remain on the odd-even watering system with the hours being extended to in- clude the hours of 5:00 to 9:00, morning and evening. 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 being Commissioner Martel. Commissioner Martel stated he did not support the above motion extending the watering restriction periods by one hour since he feels the hourly restrictions should be totally lifted. 07-20-87 311 Commissioner Stiff expressed concern that the Commission is not able to accommodate hardships. Mayor Mathre suggested the Commission could direct the staff to amend the present ordi- nance to allow for exceptions in hardship cases, but that it would not take effect until 30 days after approval. Commissioner Vant Hull stated she feels that hardship cases could be considered emer- I gencies and the 30-day period would not then be pertinent. Mayor Mathre questioned the City Attorney whether hardship cases could be considered emergencies. The City Attorney stated he would like to review the State Statute regarding what constitutes an emergency before giving an opinion. B rea k - 3: 1 5 to 3: 20 p. m . Mayor Mathre declared a break from 3: 15 to 3: 20 p. m. in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - possible lifting of hour restrictions on outdoor watering The City Attorney cited from the State Statute regarding emergencies and stated his inter- pretation would be that since hardship cases in this instance would be individual hardships and not collective hardships endangering the public health, safety or welfare, emergencies would not be applicable in this regard. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission direct the staff to prepare an amendment to the watering restriction ordinance which would allow exceptions to be made in hardship cases. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Com- missioner Martel; those voting No being Commissioner Jordan and Mayor Mathre. 18.44 of the Bozeman Municipal Code and adoptin the I City Manager Wysocki presented Ordinance No. 1237, as reviewed by the City Attorney, entitled: ORD I NANCE NO. 1237 AN ORDINANCE OF THE BOZEMAN CITY COMMISSION REPEALING THE FLOOD HAZARD DISTRICT ESTABLISHED BY ORDINANCE NO. 1097 AND AS CODIFIED IN CHAPTER 18.44 OF THE BOZEMAN MUNICIPAL CODE AND ADOPTING THE BOZEMAN AREA FLOOD PLAIN REGULATIONS IN ITS STEAD. The City Manager reminded the Commission they had conducted the public hearing and voted to approve this zone code amendment at their May 18, 1987 meeting. He also reminded the Commission they had then provisionally adopted Ordinance No. 1237 at their July 6, 1987, meet- ing. He then recommended that the Commission finally adopt Ordinance No. 1237 at this time. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Ordinance No. 1237, repealing Chapter 18.44 of the Bozeman Municipal Code and adopting the Bozeman Area Flood Plain Regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Com- missioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Block 50, Northern City Manager Wysocki presented Ordinance No. 1239, as reviewed by the City Attorney, I entitled: ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "M-l" (COMMERCIAL-LIGHT MANUFACTURING) DISTRICT TO AN IR-3" (RESIDENTIAL- MEDIUM DENSITY) DISTRICT ON LOTS 6 THROUGH 20 IN BLOCK 50 OF THE NORTHERN PACIFIC ADDITION, CITY OF BOZEMAN, GALLATIN COUNTY, STATE OF MONTANA. The City Manager reminded the Commission they had conducted the public hearing on this zone map change at their July 6, 1987, meeting and had then voted to approve the zone change 07-20-87 312 at their July 13, 1987, meeting. He then recommended that the Commission provisionally adopt Ordinance No. 1239 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission provisionally adopt Ordinance No. 1239, authorizing the zone map change from M-l to R-3 on Lots 6 through 20, Block 50, Northern Pacific Addition, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner I Martel and Mayor Mathre; those voting No, none. Commission Resolution No. 2663 - authorizing Mayor to sign Subordination Agreement City Manager Wysocki presented Commission Resolution No. 2663, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2663 A RESOLUTION OF THE CITY COMMISSION OF BOZEMAN, MONTANA, AUTHO- RIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT OF THE THOMAS J. OLENICKI AND LINDA A. OLENICKI TRUST INDENTURE. City Manager Wysocki stated that the recipients of a loan and grant for the rehabilitation of their property now wish to refinance the loan and this resolution authorizes the Mayor to sign the subordination agreement. The City Manager noted the loan from the City of Bozeman will be satisfied with the proceeds from the refinancing and the grant will be forgiven on the fourth anniversary of the agreement so long as the rehabilitated property is not sold or transferred. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Com- mission adopt Commission Resolution No. 2663, authorizing the Mayor to sign a Subordination Ag reement. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FY I items I City Manager Wysocki presented to the Commission the following "For Your I nformation" items. (1) Water use report for the week ending July 15, 1987. (2) The agenda for the Bozeman City-County Planning Board meeting to be held at 7: 00 p.m., July 23,1987. (3) A copy of a letter written by Commissioner Vant Hull to the Editor of the Bozeman Daily Chronicle regarding the allocation of money to repair the Swim Center. (4) A copy of a letter written by Glenn Vogel to the Gallatin Conservation District re- garding water rights. (5) An informational copy of the prioritization of goals for the Fiscal Year 1986-87. (6) A copy of a letter drafted by Commissioner Vant Hull written to the State Highway Commission regarding the lack of notification of meetings held regarding proposed new inter- changes. Commissioner Vant Hull stated she had drafted this letter upon learning of the meeting held by the State Highway Department regarding new interchanges without the City of Bozeman being notified. She indicated she feels the City should receive notices of any meetings and get on the list for proposed new interchanges. The Commission concurred that the letter should be sent as written and would be signed by the Mayor. (7) A letter drafted by the Finance Department to be sent to various businesses in the City to ascertain whether they hold a current City Business License. I (8) The City Manager noted that at 9:00 a.m. on Thursday there is a group leaving to go up to Bozeman Creek drainage. He asked that the Commissioners let him know if they plan on going so that he can arrange to have adequate vehicles. Mayor Mathre declined and Com- missioner Stiff stated he was sending a representative in his stead. The other three Com- missioners stated they would be going. (9) Commissioner Stiff noted that a form for the evaluation of the Clerk of the Com- mission had been included in the packets. 07-20-87 313 Mayor Mathre stated that this was the form which had been used last year. She re- quested that the Commissioners fill out the evaluation form and turn them into Robin by next week. (10) Commissioner Stiff expressed appreciation for the work that went into the summary of the City Manager evaluations and stated he feels it was extremely well done. He indicated he feels this gives the Commission documentation that has not been avai lab Ie in the past. He stated I he hopes the Commission will make use of it individually and as a group as a tool rather than just a report card. ( 11) Commissioner Stiff stated he had received a letter from Rolf Johnson, asking if the Commission had seen the proposal sent to the City Commission concerning the City Band. The Commissioners concurred they had not received the referenced proposal. They requested that Commissioner Stiff contact Rolf Johnson and ask him to send another copy. Commissioner Stiff indicated he would do so. (12 ) Mayor Mathre commended the City Manager for completing the salary negotiation process with City employees. She also expressed appreciation to City employees for acknow- ledging the fact the City is low on funds and accepting the offer. Consent Items "Consent Items." " - It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Com- I 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 vot- ing Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Recess - 3:55 p.m. Mayor Mathre declared a recess at 3:55 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 re.convened the meeting at 7:00 p.m. for the purpose of conducting the sched- uled public hearings. Public hearing - Conditional Use Permit - Bingo World - allow beer and wine to be served as an arlor on portions of Lots 10 and 11, Block D, Ori inal Townsite (237 This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Bingo World to allow beer and wine to be served as an accessory use to a bingo par- lor on portions of Lots 10 and 11, Block D, Original Townsite in the City of Bozeman. This site is more commonly known as being located at 237 East Main Street. Mayor Mathre opened the public hearing. Planning Director Steve Lere presented the staff report. He reminded the Commission I they had conditionally approved the existing bingo parlor in August of 1986. He stated the appli- cant is coming back at this time with a request to serve beer and wine as an accessory use to the bingo parlor. Mr. Lere noted the Zoning Commission had held a public hearing on this re- quest and had recommended that this request be approved subject to four conditions. Planning Director Lere also noted that the applicant has paved the parking lot for the project but is wait- ing for the wheelstops to arrive before striping the lot. Ralph Ferraro, applicant, addressed the Commission and informed them he is the owner of 07-20-87 31Jf Bingo World. He stated he is willing to meet all the conditions recommended by the Zoning Com- mission. Commissioner Vant Hull asked Mr. Ferraro if it is common practice for a bingo parlor to serve beer and wine. Mr. Ferraro stated that it is not uncommon. Commissioner Vant Hull stated she had spoken with Bob Graff earlier in the day and Mr. Graff had stated he would be present at this meeting. She noted his absence, however, but stat- ed he had informed her that spaces in the parking lot for the bingo parlor are leased to the Ameri- I can Legion. She indicated that Mr. Graff had pointed out a sign in the parking lot which states that the parking is available for use by patrons of the American Legion. She also informed Mr. Ferraro that Mr. Graff had complained that patrons of Bingo World use his parking spaces. Mr. Ferraro stated he is the owner of the parking lot for his project. He also informed the Commission that he does not have a lease with American Legion for the use of parking spaces. He stated the sign existed in the lot at the time he purchased the property from Mr. Pete Waite and he has not taken the sign down out of courtesy. Planning Director Lere stated that Bingo World is required by the Zoning Code to provide 15 parking spaces for its patrons. Commissioner Martel noted that according to the site plan there could be several more park- ing spaces located in the area designated for snow removal storage. He questioned why more spaces are not included. Director Lere stated that any parking lot which contains more than 15 parking spaces has to provide 6 percent landscaping. He stated this landscaping requirement would add considerable cost to the project. Commissioner Vant Hull inquired whether the American Legion has any designated parking outside the shared spaces provided by this project's lot. Steve Lere noted the American Legion existed at its present location for a number of years before the Zoning Code was adopted. He indicated that American Legion does pay into the parking Special Improvement District. Commissioner Stiff asked if it would be appropriate to require the applicant to remove the existing signage for American Legion. Director Lere stated that such a requirement would be appropriate as Bingo World is required to provide 15 spaces exclusively for its patrons. I City Manager Wysocki stated he feels it would be more appropriate to require signing of 15 spaces for Bingo World. Commissioner Vant Hull stated she feels the Commission should not make a decision on this request until the staff checks out the parking situation. City Manager Wysocki recommended that the applicant be required to meet the recom- mended conditions. He stated if the conditions are not met, then the license cannot be issued. He also stated that a condition could be included to require that 15 parking spaces be designated for patrons of Bingo World. Planning Director Lere stated that a condition could also be included which states that all improvements originally required be installed before a Beer and Wine License is issued. Mayor Mathre asked Mr. Ferraro if he would be agreeable to removing the existing sign indicating parking is available for patrons of American Legion. Mr. Ferraro stated he is in favor of keeping business in downtown Bozeman. He stated he does not want to offend custo- mers of other businesses by saying that only patrons of his business will be permitted to park in that lot. Commissioner Vant Hull stated she feels that if American Legion needs additional parking for its patrons, it should pay for additional spaces. She noted the Parking Commission ex- pressed concern in the past that variances for parking are being approved by the Board of Ad- justment. She stated the Parking Commission needs more funds to provide additional parking to downtown customers. Commissioner Stiff stated he had received a call prior to this meeting from Pete Waite, I who indicated support for this proposal. He noted that Mr. Waite indicated he had not re- quested Mr. Ferraro to provide parking for American Legion at the time Mr. Ferraro purchased the lot. Commissioner Stiff stated he feels that Mr. Ferraro should be receptive to the signing request by the City. Ralph Ferraro again addressed the Commission and stated he would be willing to change 07-20-87 315 the signing of the parking lot. There being no further testimony on this proposal, Mayor Mathre closed the public hear- ing. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Com- mission waive the customary one-week waiting interval. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Jordan; those voting I No being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Clair W. Daines, Inc. - allow professional and general offices to be constructed on Lots lA-5, lA-6, lA-7 and lA-9 of Block 6, Amended Subdivision Plat of Lot 1 A of the Amended Subdivision Plat of Thompson's Fourth Addition (Southwood PUD) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Clair W. Daines, Inc., to allow professional and general offices to be constructed on Lots lA-5, lA-6, lA-7 and lA-9 of Block 6, Amended Subdivision Plat of Lot lA of the Amended Subdivision Plat of Thompson's Fourth Addition. This site is also known as the Southwood Planned Unit Development. Mayor Mathre opened the public hearing. Community Development! Zoning Specialist Dave Skelton presented the staff report. He noted this requested Conditional Use Permit wi II complete the final phase of the planned unit development for Southwood. Mr. Skelton reminded the Commission they have pre- viously approved two Conditional Use Permits for this development. He stated it is the appli- cant's intent to develop the four lots for business and professional offices and/or retail uses to serve the customer directly. Planner Skelton stated the applicant proposes to construct the build- ings on the four lots prior to acquiring clients to fill each unit. He noted at the Planning Staff's request, the applicant had prepared a list of 22 possible uses for the spaces. Mr. Skelton indicated these listed uses generally meet the zoning regulations. He indicated the Planning staff had questioned the validity of two of the listed uses. He stated the staff had re- I quested those two uses, "household appliances and repairs" and "automotive equipment" be de- leted from the proposed uses. Planner Skelton indicated the City Engineer had expressed some minor concerns regarding the drainage but those concerns have been incorporated into the recommended conditions. Mr. Skelton also noted a letter from Linda Brock, the applicant's architect, had been re- ceived addressing some items of concern. He noted one of those concerns was the use of washed rock in the detention area. He indicated that in the past the staff has not allowed the use of washed rock, but that usually the use of washed rock is related to front yard setbacks. He stated since the use of washed rock is not being requested for use in the front yard setback, the staff wi II allow the washed rock in the detention area. Planner Skelton stated the other concern addressed in Ms. Brock's letter is the required five-foot setback from the sidewalk to the building on Lot lA-5. He pointed out this stipulation comes from the requirements of a clustered lot development. He stated the applicant wishes to construct the sidewalk along the building so that people can window shop. He indicated the Planning staff is unwilling to accept this exception. Planner Skelton then stated there has been a problem with the applicant's equipment and material stored on the adjoining parkland, with equipment entering the project site through the park. He also indicated there was a problem with the developer draining the project site onto the parkland. Mr. Skelton stated these problems have been corrected. Dave Skelton stated that Zoning Commission member, Jim Banks, had expressed concern I regarding the discrepancy in the five-foot wide sidewalks required along lot lines and the four-foot wide pathways between the proposed buildings. He then noted the Zoning Commission had recommended approval of the application subject to 12 conditions. Clair Daines, applicant, addressed the Commission and stated his reason for submitting the application in this form is to expedite everyone's time. He stated it is difficult to talk to a prospective tenant without knowing if his use will be permitted. Mr. Daines indicated that he has a video store, a beauty salon, a pizza parlor and a dog groomer currently signed up as te- nants. He indicated he does not approve of the five-foot setback required between the sidewalk and the building but it is a requirement that he can live with. He indicated he would prefer to 07-20-87 31C construct the buildings with large display windows and install the sidewalks along the buildings so that people can window shop. Mr. Daines indicated he also has a problem with the 18-month approval time I imit for Conditional Use Permits. He stated he feels there should be some method of granting a time extension. He stated some of the buildings might not be completed within the l8-month time period. City Manager Wysocki noted the five-foot setback between the sidewalk and proposed building is required by code. He stated the applicant does have the option of appealing this I requirement to the Board of Adjustment. Planning Director Lere concurred that the Board of Adjustment can grant a variance to the required setback. He stated he is unsure as to an extension of the 18-month time frame. He indicated he feels there should be a method by which to extend this 18-month time period. Mr. Lere noted there is usually a six month period between the time of Commission approval and approval of the final site plans. He stated the l8-month time period begins after final site plans are approved. He then noted this provides a total of 24 months from initial approval. Commissioner Vant Hull inquired whether the applicant intends to start construction immedi- ately if the application is approved. Mr. Daines indicated that construction would presumably begin this summer. Commissioner Vant Hull asked if the applicant might lose prospective tenants because the building might not adapt to their use. Mr. Daines indicated the buildings will be designed so the spaces will be changeable. Commissioner Vant Hull encouraged Mr. Daines to appeal the five-foot setback requirement to the Board of Adjustment. Planning Director Lere indicated this is the first commercial clustered lot project devel- oped under the present zoning guidelines. He noted that sometimes things look good on paper but they do not necessarily work. He stated there is a possibility the zoning code will have to be amended regarding some of these regulations. Commissioner Vant Hull stated she had received a complaint from one of the residents of Woodbrook regarding the applicant's use of the adjacent parkland. She noted some of the vege- I tation had been damaged and questioned the appl icant whether he plans to revegetate the damag- ed area. Mr. Daines indicated he is required to plant additional trees in the parkland and he will also revegetate the parkland better than its original state. Commissioner Vant Hull also ques- tioned Mr. Daines if the day care center is being constructed according to the plans submitted. Mr. Daines indicated that it was. Planning Director Lere indicated the Planning staff had visited the project site and measured the bound- aries. He stated the day care center is being constructed within the boundaries as approved. Commissioner Martel indicated that evidently it is mutually agreed there are problems with the zoning guidelines regarding commercial clustered lot development. He asked if the Planning staff will be taking a look at the zoning requirements so they do not run into this type of pro- blem continually. Planning Director Lere stated it is the intention of the staff to do so. Commissioner Vant Hull expressed concern that the hours of operation should be limited for the proposed businesses. She noted the Commission had placed hours of operation on the convenience store and she questioned whether they should also place a restriction on the pro- posed businesses. It was the general consensus of the other Commissioners there was no need for such a restriction. Commissioner Jordan stated there was considerable opposition on the previous two appli- cations approved in this development. He noted that Mr. Daines had agreed to all the conditions imposed on the other two conditional uses. He further noted he had made a statement at that time that those two conditional uses would establish a precedent if developed properly. Com- missioner Jordan stated since construction of these two projects is not completed, he does not I feel they have set a precedent. Planning Director Lere stated the alternative to this application would be to go through 20 separate conditional use permits. Commissioner Jordan stated he Is not opposed to this proposed application but feels it is premature. Mayor Mayor noted the prepared list confines the occupancy of the proposed buildings to those specific uses. There being no further testimony, Mayor Mathre closed the public hearing. 07-20-87 317 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, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission approve the application for a conditional use permit to allow professional and business I offices and retail uses serving the customer directly in a "B-l- T" (Neighborhood Business, Transitional) District located on Lots lA-S, lA-6, lA-7 and 1A-9 of Block 6, Amended Sub- division Plat of Lot 1 A of the Amended Subdivision Plat of Thompson's Fourth Addition to the City of Bozeman, subject to the conditions recommended by the Zoning Commission, as follows: 1. That the final subdivision plat and land use development guidelines for Southwood Center Planned Unit Development be filed and recorded at the Clerk and Recorder's Office, Gallatin County, Montana, and that the land use development guidelines for Southwood Center Planned Unit Development be reviewed and approved by the Planning staff prior to final site plat ap- proval. 2. That the final master site surface drainage plan, detention area plans and profiles, storm sewer drainage line details and spot elevations for each of the four lots in question be reviewed and approved by the City Engineer prior to final site plat approval. 3. That household appliances and repair and automotive equipment be omitted from the applicant's submitted list of appropriate retail uses for the pro- perty in question. 4. That any additional retail uses proposed by the developer that are not listed within the C.U.P. application submittal shall be reviewed and pro- cessed by the Planning staff as a minor planned unit development as estab- lished in Section 18.54.300 of the Bozeman Area Zoning Code prior to issu- ance of an occupancy permit. 5. That the proposed structure for Lot 1 A-S provide a minimum 5'-0" setback from the sidewalk along the east side. I 6. That details and location of the four-foot wide pedestrian pathway be iden- tified on the submittal for Lot 1 A-6 and that it be reviewed and approved by the Planning staff prior to final site plan approval. 7. That documentation be reviewed and approval by Three Rivers Disposal of the designated garbage refuse area be provided prior to final site plan ap- proval. 8. That all structures be limited to one facade sign per business. 9. That the developer enter into an improvements agreement with the City of Bozeman. The structure may not be occupied until all required improve- ments have been installed and inspected and accepted by the City of Bozeman. If occupancy is to occur prior to the installation of the required improvements, the agreement, with an acceptable method of security equal to one and one-half times the amount of the cost of the scheduled improve- ments, shall be provided to secure completion. 10. That four copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission be submitted 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 by the Planning Director, one by the ap- plicant and one by the architectural review committee. 11. That all on-site improvements (i.e. paving, landscaping, etc.) shall be completed within 18 months of the conditional use permit as shown on the approved final site plan. 12. The conditional use permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit I 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 re- port made to the City Commission for their action. If all required cond- itions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan. 07-20-87 318 Adjournment - 8:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor I ATTEST; Acting Clerk of the Commission I I 07-20-87