Loading...
HomeMy WebLinkAbout1986-03-03 081 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 3, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 3, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager Barrick 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 Items be removed for dis- cussion. Minutes - February 24, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the February 24, 1986, meeting be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - request submitted by Rolf Johnson re installation of sidewalks along North 7th Avenue City Manager Wysocki noted that the Commission had received a letter from Rolf Johnson under "FYI Items" at the February 3, 1986 Commission meeting requesting the installation of. sidewalks along North 7th Avenue. He then presented to the Commission a memo of interpretation dated March 3, 1986, from City Attorney Crumbaker-Smith concerning the decision on the Palffy v. Bozeman case. He noted the final paragraph summarizes the provisions of that decision, indicating "... that the Highway Department would, at the very least, need to approve the plans for the sidewalks and then award the contracts for any sidewalks not constructed by the property I owners. " The City Manager then indicated that he has discussed the possible location of new side- walks along North 7th Avenue with Director of Public Service Holmes; and they concur that full length along the west side would be the best. He then stated appreciation for Mr. Johnson's Jetter; however, the City must work in conjunction with the State Highway Department to install any sidewalks along state highways. He then asked the Commission if they wish the staff to pursue discussions with the Highway Department on this matter. Commissioner Vant Hull noted that the Commission has preViously discussed the need for sidewalks along West Koch Street near the University Mall; and one of the items listed in the Commission's goals is installation of sidewalks, possibly through a city-wide district. The Commissioner indicated that she has heard support for the re-implementation of a sidewalk renovation program, which was deleted in 1979 due to funding shortages. She then suggested that a public discussion on the need for sidewalks in various areas might be helpful in development of a program. City Manager Wysocki noted that the possibility of a city-wide district has been mentioned in the past. He then reminded the Commission that a substantial amount of work must be done prior to installation of sidewalks; and the City's previous program split the community into quarters. He then suggested that, due to the increased area involved, it might be better to split the community into sixths for a sidewalk program. The City Manager then noted the most discussed area has been along West Koch Street; and he feels that is where the program shOUld begin. He then indicated that the Engineering Officer and Director of Public Service have I begun preliminary review of existing sidewalks, noting those areas with no sidewalks and those areas where repairs are needed. City Manager Wysocki then suggested that if the City's goal to install sidewalks in all areas still remains, the staff should proceed with efforts to begin the program this fall. He noted that preliminary indications are, due to different situations already observed, it may be better to contract with a private engineering firm to determine right-of-way availability, grades and encroachments. Commissioner Vant Hull asked if property owners would be given the opportunity to 03-03-86 --,no _. 88 complete replacement or construction of sidewalks on their own, as they could under the previous program. The City Manager indicated that the procedure is outlined in the City Attorney's memo. He noted that the City would establish the boundaries of the district, publishing a notice of intent to order in the sidewalks; and would notify all affected property owners of sidewalks to be replaced or installed. He indicated the property owners would then be allowed thirty days to install those sidewalks on their own; then the City would contract with someone to complete the I sidewalks which had not yet been replaced or installed and place those properties on the assess- ment rolls. Commissioner Vant Hull noted the staff has been working on the southwest part of the community, but this initial discussion was about sidewalks along North 7th Avenue. She then asked if the two could be pursued at the same time; and the City Manager indicated they could be. Mayor Mathre stated she has talked with Daria Joyner, Executive Vice President of' the Chamber of Commerce, about possible beautification of North 7th Avenue. She then noted that Ms. Joyner expressed concern about the financial burden that installation of sidewalks would create for those stores which are currently vacant along that street. Commissioner Stiff asked if there might be any problem with the right of way along North 7th Avenue not being wide enough to accommodate the construction of sidewalks. The City Manager indicated that a frontage road was initially dedicated along a two-block strip. He then stated the City staff has not checked to determine how much right of way exists behind the curb, noting that it would be better to locate the sidewalk back from the street to provide a place to put snow from the street as well as the sidewalk. Mayor Mathre asked if the Commission is interested in having the staff pursue the possi- bility of constructing sidewalks along North 7th Avenue with the State Highway Department; and the Commissioners concurred the issue should be pursued. The City Manager indicated he will submit a report to the Commission within thirty days. Commissioner Vant Hull then suggested the possibility of contacting the Chamber of I Commerce to see if they are interested in combining beautification of North 7th Avenue with the installation of sidewalks. The Commission concurred that it would be best to keep the issues separate and address possible beautification at a later date. Review of IDR bond guidelines as provided in Commission Resolution No. 2542 City Manager Wysocki presented to the Commission a copy of Commission Resolution No. 2542, adopted on February 11, 1985. He noted this Resolution establishes a uniform policy and guidelines for the review of applications for Industrial Development Revenue Bonds for all projects except multi-family housing. He then indicated that he had placed this item on the agenda, since there are two new Commissioners, to determine whether the Commission wishes to revise or reaffirm these guidelines. The City Manager also asked if the Commissioners are willing to consider applications for the use of IDR bonds for any projects. Commissioner Stiff indicated he feels IDR bonds provide an ideal vehicle for financing of something that does not give someone an unfair competitive advantage; and he feels they must be used very carefully. He then noted a willingness to consider applications for use of lOR bonds for various types of projects. The Commissioner then indicated he feels it is important that the City distribute the same information to those interested in using this financing mechanism. He then suggested that the City develop a packet of information on the use of IDR bonds, the UDAG program, and any other pertinent information and send that information to all those who have indicated an interest in constructing a convention center facility. The City Manager indicated the Resolution does not refer to competitive businesses, I stating that the Resolution was written in a broad manner to allow the Commissioners flexibility in considering applications. He then suggested that if this Commission wishes, the Resolution could be revised but cautioned that it should not be made too restrictive. Mayor Mathre indicated a willingness to consider applications as they are submitted. Commissioner Vant Hull stated she feels the use of Industrial Development Revenue Bonds can be valuable for economic development. She then indicated that she feels each application must be considered on its own merits. 03-03-86 089 Commissioner Martel indicated support for the guidelines as set forth in the Resolution. He noted that those applying as well as the Commissioners are aware of the guidelines to be utilized in evaluating all applications. The Commissioner further noted that he feels lOR bonds must be used judiciously. Mayor Mathre asked if the Commissioners are interested in considering applications for use of I DR bonds to construct a convention center; and they all concurred that they would be I willing to consider applications. Commissioner Jordan stated he has indicated before that he does not feel any of the projects funded through lOR bonds to date should have been. He then indicated that he would like to see projects funded through lOR bonds continue the stability of the downtown area and generate business that would benefit the community, probably through a business not currently in the community. The Commissioner then indicated support for Commissioner Stiff's idea of disseminating information on the use of IDR bonds, suggesting it could possibly be done through the Chamber of Commerce. He suggested that the City may wish to conduct seminars every six months or so for those who might be interested in considering this financing method for a project. He indicated that might also provide the Commission with an idea of what types of projects are being considered. The City Manager stated that at the present time, if someone shows an interest in using I DR bonds, he sends them a copy of this Resolution along with a form he has developed for evaluation of the application which requests additional confidential financial information. He further indicated that he has given a copy of the Resolution to the Gallatin Development Corpora- tion for use in their program. Commissioner Jordan indicated that he would like to know what types of projects are under consideration, particularly if a cap is placed on the lOR bonds issued within Montana. City Manager Wysocki indicated that if a $200 million cap is placed on I DR bonds as has been discussed, it should create no hardships because the total outstanding I DR bonds in the state are not even close to that figure, unless those used for housing I which currently total I $185 million, are included. Commissioner Vant Hull suggested that the Commission pass a motion indicating that it will actively seek and encourage those people willing to do major industrial development projects which will benefit the City and the community, particularly the downtown area, through use of Industrial Development Revenue Bonds. City Manager Wysocki recommended that the Commission reaffirm this Resolution if it establishes the guidelines they wish to utilize or submit any changes they wish to have made. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission reaffirm the Industrial Development Revenue Bond guidelines as set forth in Commission Resolution No. 2542. The motion carried by the following Aye and No vote: those voting Aye being Commis~ sioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Break - 3:00 to 3:08 p.m. Mayor Mathre declared a break from 3:00 p.m. to 3:08 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion re spring clean-up campaign City Manager Wysocki stated that Mayor Mathre had requested this item be placed on the agenda. Mayor Mathre gave the Commissioners a brief report on the manner in which the spring I clean-up campaign was conducted last year. She noted that the Boy Scouts, Girl Scouts and Campfire groups volunteered to help last year; and she would like to expand that if possible to include adult groups as well this year. The Mayor then indicated that she has already been contacted by one group that is interested in cleaning up Lindley Park. She also noted with the nice weather recently, the spring clean-up should be organized shortly if it is to be done this year. City Manager Wysocki reminded the Commission that he has reduced the number of part-time employees in the Parks and Cemetery Divisions, noting that any volunteer help in cleaning up 03-03-86 90 those public grounds would be helpful. Mayor Mathre suggested that she could draft a letter to send to various organizations encouraging participation in the spring clean-up campaign, for review by the Commission at next week's meeting. She indicated that she had initially thought about conducting the clean-up over a two-week period, but that may not fit into all of the groups' schedules. Commissioner Vant Hull suggested that this clean-up campaign be coordinated with the Chamber of Commerce. Mayor Mathre indicated that the timing for the two clean-up campaigns could be coordinated. I She then noted that this campaign would be directed toward public properties, while the Chamber clean-up campaign would be directed toward private properties. The Mayor then asked if the City will provide two free Saturdays at the landfill as it did last year. The Commission concurred that the Mayor should draft a letter to the various groups, to be brought back for review at next week's meeting. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) A letter from Jerry Bechhold, attorney representing Mr. and Mrs. John Saunders, concerning a litigation matter. (2) A letter from Casey Emerson, King Tool Company, thanking the Commission for its support of his application for CDSG economic development monies. (3) The City Manager indicated he has received a request that the Commission appoint a member to the Pedestrian/Traffic Safety Committee to replace Sarah Helfrich, who has not attended many of the meetings. He suggested that the Commission direct the Clerk of the Commission to advertise the vacancy for filling as soon as possible; and the Commission concurred. (4 ) The City Manager indicated that representatives from G. T. Murray will conduct a meeting in Bozeman at 4:00 p.m. on Monday, March 10, 1986, concerning the Workers' Compensation insurance program through the League office. He indicated that elected officials from other I surrounding communities will also be invited to attend the meeting. (5) The City Manager noted that the Commissioners have received a letter from Dr. Medical Arts Center Adams concerning a possible route through town from the .~I!!. to the new hospital. He noted the group has suggested the use of Beall Street as a possible route, but indicated a problem arises in crossing the Bozeman Creek at North Rouse Avenue. He then indicated that the City staff will pursue this matter further. Commissioner Vant Hull indicated she has heard comments that the one-way couplet is backwards and suggested that switching the directions on Mendenhall Street and Babcock Street may correct the problem. She also stated she has heard suggestions that Lamme Street and Olive Street be made arterial streets. (6) Commissioner Stiff stated he and the City Manager met with County Commissioner Ray White concerning financing for the library as a result of the City Commission's recent meeting with the Library Board of Trustees. He indicated that Ray White has stated a desire for the Library Board of Trustees, the City Commission and the County Commission to conduct a joint meeting on the subject of funding. The City Manager noted that the Library Director will discuss this matter with the Library Board of Trustees; and they will suggest a date for the meeting since they must gather requested information. (7) Commissioner Stiff noted that he had an opportunity to watch Mayor Mathre serve in her official capacity and congratulated her on the beautiful job she does in representing the City of Bozeman. I (8) Commissioner Jordan requested that a discussion on why the City has a provision for conditional uses be placed on next week's agenda. Mayor Mathre noted that the City Manager prepares the agenda and suggested that Com- missioner Jordan meet with City Manager Wysocki prior to placing this item on the agenda. (9) Mayor Mathre stated she received a call from Garvan Wiman, who expressed his thanks to the Commission for the opportunity to speak at last week's Commission meeting con- cerning the installation of sidewalks. 03-03-86 091 Consent Items Items. II I It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, 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 Martel, Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Recess - 3:30 p.m. Mayor Mathre declared a recess at 3:30 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 discussion - placement of a bubble over tennis court at Bogert Park This was the time and place set for the discussion regarding the construction of a bubble over one of the tennis courts located at Bogert Park. City Manager Wysocki stated that the proposal submitted by the Bozeman Indoor Tennis Club is to place a covering over the west tennis court at Bogert Park during the period October 1 through April 30 each year. He noted that installation of the covering would also require that a 12-foot by 25-foot concrete pad be poured along the south side of the tennis court for the air I handling equipment and heating units. He noted that area would be fenced so that no one could tamper with the equipment. The City Manager indicated that the pad would be located along the front of three existing parking stalls; but small cars could still park in those stalls. City Manager Wysocki then stated the bubble covering will be about thirty feet tall and will cover one entire tennis court. He noted the bubble will be similar to the one which has been utilized in Helena during the past two or three years. The City Manager then reminded the Commission that the participating membership of the club would pay for the bubble; and the City would not become involved in the financing. He then noted the bubble would afford the members an opportunity to play tennis during the winter months, which is not possible at this time. The City Manager noted that air must be pumped into the bubble on a constant basis to keep it inflated. He then indicated that he stopped to see the bubble in Helena; and he did not experience any noise as a result of the motors running. City Manager Wysocki indicated that putting the bubble up and taking it down will take about one-half day, disrupting play on both tennis courts during that time. He then stated that the tie-down locations will be plugged so that the playing surfaces on both tennis courts will not be affected. He further noted there will be a time during installation of the foundations for the anchors when play on the tennis courts will be disrupted. Dr. Francis Balice, member of the Bozeman Indoor Tennis Club, stated this is a non-profit organization made up of avid tennis players. He indicated that membership will be open to the I public; and their fees will pay for the proposed bubble. He indicated that the Club must have a minimum of thirty members before they proceed with installation of the bubble; and they hope to build the membership up to sixty to seventy members. Dr. Bailee stated that the bubble will not interfere with play on the other tennis court when the weather is warm. Dr. Balice then stated that the Club would go on a year-to-year basis in erecting the bubble; and the terms of a lease could be renegotiated each year. He indicated that initially the Club could not pay the City for use of the tennis court; but once the membership reaches sixty, it could afford to pay a monthly or an annual fee. He further stated that the Club would co- operate with the Recreation Department, allowing the City to provide tennis lessons if times can 03-03-86 92 be set aside which do not conflict with members' desires. He also indicated the Club would cooperate with the high school tennis team to provide them an opportunity for early practices; and the school could pay for that time on a cost basis. Dr. Balice stated that the bubble will be white and will hide the green fence which separates the tennis court from the basketball court from South Church Avenue. He also indi- cated that it will not detract from the view of residents in the area. Dr. Balice then indicated that the Club will carry insurance on the bubble and will make I sure that the City will incur no liability. He stated that the City will not be financially inconvenienced in any way by this proposal. Mrs. Florence Aldrich, 205 South Church Avenue, stated their property is located immediately adjacent to the tennis courts. She indicated opposition to the proposed bubble, noting it would be located just outside their living room window. Ms. Maureen O'Rourke, 205 South Church Avenue, stated she feels the bubble will ruin the view of some of the neighbors in that area. Ms. Dora Anderson, 212 Lindley Place, stated her residence is located behind the tennis cou rts . She then asked what restroom facilities would be provided for those playing tennis, noting that some people currently use the creek for such purposes. She also expressed concern about litter. Ms. Anderson then noted that the pavilion is constructed of concrete; and she does not feel a plastic bubble is aesthetically complementary. City Manager Wysocki stated that the Club has indicated it will provide porta-potties initially. Mr. Hervey Aldrich, 205 South Church Avenue, stated he objects to the proposal because the City should not lease public property to private enterprise. He noted that the subject site has been a park for many years; and he has seen tennis played on the courts in October, November and sometimes January. He then indicated he has seen the bubbles in Helena and Great Falls; and he has seen the one in Great Falls collapsed. He stated that he does not feel a bubble wi II be an addition to the appearance of the park. Mr. Larry Schroeder, 206 South Church Avenue, stated support for what Mr. Aldrich I said. He indicated concern that approval of this request would set a precedent for allowing private industry or individuals to use public property. He further noted that under this pro- posal, the Club would not pay the City any money. Also, he stated that Dr. Balice had indi- cated they would allow the high school tennis team play for a fee; and he Is concerned that this may become a money-making venture for the Club. Mr. Jim Gough, 318 South Church Avenue, stated Bozeman has few enough parks without allowing private clubs to take bites out of the existing developed park areas. He then indicated that he would like to see what the bubble would look like, since he would be looking at it for the winter months. Mr. Gough then expressed concern about the shade that this bubble wi II create for the property immediately north of it as well as dark areas it may create in the park. Mr. Max Hunke, 210 South Church Avenue, compared the tennis bubble to watching one of the residents inflate his hot air balloon. He then stated he does not feel the bubble is the kind of thing that should be located in the park on South Church Avenue, where many community activities are currently held. Mrs. Maxine Penttila, 336 South Church Avenue, registered her protest to the tennis bubble being located on South Church Avenue. She noted that a few years ago, some of the residents indicated a need for more tennis courts, so more were constructed. She noted that placing a bubble over one of the tennis courts will reduce the number of courts available for public play. Ms. Penttila then stated she feels that a private group should not be allowed to charge for use of public facilities. She then suggested that the group use their monies to construct a building for indoor tennis rather than purchasing a bubble. I Mr. David Golden, 407 West Story Street, noted that Bogert Park already has many structures; and he does not feel the bubble would be an unattractive addition. He then noted that many of the concerns expressed by the residents of the area have been addressed by the proponents. He stated the bubble would not cut back on anyone's recreational activities, since it would allow tennis play during a time of year when it normally cannot be played. Mayor Mathre read to the Commission a letter of opposition from Manuel and Joyce K. Santos, 214 South Church Avenue. 03-03-86 093 Ms. Katy Cady stated she is an avid tennis player and would like to see an indoor tennis facility, but she is not sure a bubble is the answer. She questioned whether one court would be adequate for sixty members, noting there would probably be more people who would like to play in a proper indoor facility which includes amenities such as lockers and showers. Ms. Cady then indicated that neither she nor any of her friends have been contacted about this proposed bubble. I Commissioner Stiff noted that the community needs additional recreational facilities, particularly during the winter, but the City does not have any monies to contribute toward such items. He then indicated that under this proposal, thirty people would be committing themselves to an $80,000.00 debt, which is a substantial amount; and he does not feel they could undertake the additional expenditures required for the type of indoor facility Ms. Cady has proposed. Mr. Harry Newlon, 1303 South Rouse Avenue, indicated he is an avid tennis player and is a member of the Bozeman Indoor Tennis Club. He noted that discussions about indoor tennis facilities have been held for years; but permanent facilities will cost a minimum of $400,000.00 to $450,000.00, and the group cannot currently show to a banker that the facility could pay for itself. Mr. Newlon indicated that the tennis club in Helena purchased two used bubbles three years ago; and they have assessed themselves enough monies to pay for those bubbles and the operating costs. Mr. Newlon stated that the Recreation Department usually takes the tennis nets down during the winter and puts them on around May 1, which is when they propose to remove the bubble; therefore, this proposal would not deter any public play. He also indicated that if the bubble generates enough interest and the membership grows to sixty or seventy people, possibly in three or four years the Club could show a financial institution that a permanent facility could pay for itself. Harry Newlon then indicated that the Club has obtained lists of tennis players in the community and has run ads in the newspaper to determine how many people would be interested in joining the Club. He stated at the present time, about twenty people have indicated an I interest; but they will not purchase the bubble until thirty people have committed themselves. He then noted that within two years, they anticipate the membership will be sixty; and one bubble has a capacity of seventy-five. Mr. Newlon then stated the pure white bubble will be located adjacent to the existing green fence; and it will be below the sky line and the level of the existing pavilion. He a I so indicated he feels the bubble would fit in with other development in the park but would not interfere with the other activities. He emphasized that the Club is a nonprofit organization which is open to public membership. He indicated that the initial membership will probably run $500.00 to $550.00, with the annual membership cost being $400.00 per playing family for the first five years and dropping to $150.00 after the initial costs have been met. Harry Newlon stated that there will be no more than four tennis players at the bubble at a time; and trash containers will be located inside the bubble to avoid any littering. Mr. Newlon then indicated that most of the communities in Montana with indoor tennis programs began with bubbles similar to this proposed one. Mayor Mathre asked what the hours of use would be. Mr. Newlon indicated the bubble will probably be used between 6:00 a.m. and midnight. Commissioner Stiff asked how much higher the bubble will be than the existing fence. Mr. Newlon stated the fence is probably sixteen feet high; and the bubble will be 27 feet high at the center, sloping down on the ends and the sides. Commissioner Vant Hull asked what would happen if in two years the Club has seventy-five members. I Mr. Newlon indicated that the infrastructure to be installed for the bubble will accom- modate two bubbles; so they may come in and request permission to install the second bubble if it appears feasible. Commissioner Vant Hull asked Mr. Newlon if he had any pictures of the proposed bubble or the one in Helena; and he indicated that he does not. Mr. Schroeder asked how much noise the motors will make; and Mrs. Florence Aldrich and Ms. Dora Anderson echoed that question. Dr. Balice stated there is no noise outside the bubble except once a week when the 03-03-86 91~ back-up generator must be tested for one hour. Mr. Golden noted there are other sites with tennis courts, including the high school and South Side Park, and suggested one of those may be more appropriate for this request. Mrs. O'Rourke asked if there will be lights on at night. Mr. Newlon indicated there will be lights on inside the bubble while people are playing; but there will be no outside lights. Mayor Mathre closed the public discussion portion of this agenda item. I It was moved by Commissioner Martel that the Commission render a decision on this matter this evening. The motion died for the lack of a second. Mayor Mathre requested that the decision on the request for permission to place a bubble over one of the tennis courts at Bogert Park be placed on next week's agenda. B rea k - 8: 11 to 8: 21 p . m . Mayor Mathre declared a break from 8:11 p.m. to 8:21 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Zone Code Amendment - City-County Planning Staff - amending Chapter 18 of the Bozeman MuniCipal Code re child care facilities This was the time and place set for the public hearing on the Zone Code Amendment requested by the City-County Planning Staff to amend Chapter 18 of the Bozeman Municipal Code regarding child care facilities. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She indicated that this Zone Code Amendment would revise the definitions of child care facilities contained in Section 18.04; amend Sections 18.10, 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.26 and 18.46, to allow Family Child Care Homes as a permitted use in the AS, RS, R-1, R-2, R-2-A, R-3, R-4, R-5, R-O and R-MH Districts; add Section 18.50.240, providing supplementary regulations for Family Child Care Homes; amend Section 18.52.140, to allow Group Child Care Homes as a conditional I use in the A-S, RS, R-l, R-2, R-2-A, R-3, R-4, R-5, R-O and R-MH Districts; and amend Table A of Section 18.62.190, providing for off-street parking and loading requirements for child care facilities. The Assistant Planner reminded the Commission that less than one year ago, it approved a Zone Code Amendment revising the provisions for child care facilities. At that time, no public comment was submitted at the Zoning Commission meeting and limited comment was submitted at the City Commission meeting. She noted this Amendment will delete the definition for the Child Care Home and replace it with definitions for the Family Child Care Home and the Group Child Care Home. She then indicated this Amendment addresses Family Child Care Homes, which are those residential facilities with six or less children, including those children under six years of age residing on those premises. Assistant Planner Elkins indicated that under this Amendment, the Family Child Care Homes would be permitted in residential zones, pursuant to staff review of four key issues. She then indicated that the off-street parking and loading requirements would be revised so that the Family Child Care Home would not be required to provide an off-street loading area; and the parking requirements for other child care facilities would recognize a resident proprietor, which they have not done in the past. The Assistant Planner stated that a number of people representing day care facilities attended the Zoning Commission meeting. She noted the ones operating smaller facilities indi- cated support for the Amendments; and those operating larger faci Iities expressed concern that the regulations in the Zone Code are too restrictive, noting a desire to be included in the I revisions. She then indicated that the proposed Amendments apply mainly to Family Child Care Homes; and they cannot be revised to include Group Child Care Homes at this time. The Assistant Planner then indicated that those operating larger facilities in residential areas have stated they cannot meet the current requirements for an off-street turn-around area. The Assistant Planner then indicated that the Zoning Commission has concurred in the Planning Staffls report and recommended approval of the Zone Code Amendments as listed. Commissioner Jordan stated he has no problem with vehicles backing onto quiet residential 03-03-86 095 streets from a child care home; but he indicated that he does not feel vehicles should be allowed to back onto arterials, due to safety hazards involved. He then asked if there would be some way to address that concern in these regulations. Assistant Planner Elkins indicated the engineering staff is currently in the process of reviewing provisions for direct access onto arterials. She noted in the meantime, the Planning Staff could review the possibility of addressing the matter under the requirements for the drop- I off area for child care facilities. Ms. Therese Michalson, President of the Bozeman Child Care Association, stated support for the proposed Zone Code Amendment. She stated the Family Child Care Home, which parallels the State regulations, is a more appropriate designation; and the regulations are more appro- priate for the smaller operations. Ms. Michalson then noted that in older residential areas with smaller lots, it is often not possible to install a double driveway with a hammerhead turn-around area to meet the existing regulations. Commissioner Stiff asked how children will be loaded and unloaded at Family Child Care Homes, expressing concern for the safety of the children involved. Ms. Michalson noted that most residences have driveways; and the parents would pull into the driveway, load or unload, and then back into the street. She then stated that usually only one or two vehicles are involved each day. She further indicated that most operators of these facilities cannot afford to put in the improvements currently required. She also stated that, on the average, a person operates a Family Child Care Home for only one to two years. Ms. Sandy Mack, member of the Bozeman Child Care Association, indicated that she currently operates a Famity Child Care Home. She noted that many of the older sections of the community with the smaller lots have alley accesses also, suggesting that possible use of the alley could provide a safer loading and unloading area for children. She then stated support for the proposed Amendment, noting that the smaller child care facilities often provide care for smaller children who need the family home environment rather than a more regimented institutional atmosphere. I No one was present to speak in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the customary one-week waiting period be waived since no publiC protest has been received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. City Manager Wysocki concurred in the Zoning Commission's recommendation for approval of the Zone Code Amendment as submitted. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the proposed Zone Code Amendment submitted by the City-County Planning Staff, pertaining to child care facilities. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commis- sioner Martel and Mayor Mathre; those voting No, none. Bozeman Subdivision Re ulations - amendin Chapter 16 of eeping items and bring into conformance with tatutes) This was the time and place set for the public hearing on the amendments to the Bozeman Subdivision Regulations which will amend Chapter 16 of the Bozeman Municipal Code. These amendments are housekeeping items which will bring the regulations into conformance with State Statues. Mayor Mathre opened the public hearing. I Assistant Planner Marcia Elkins presented the Staff Report. She stated the City-County Planning Board considered these proposed amendments and continued the discussion on Chapter 16.29--Review of Divisions of Land Consisting Exclusively of Parcels of 20 Acres and Larger--to a later date. She then indicated that the Planning Board recommended approval of the remaining eighteen amendments. The Assistant Planner briefly reviewed the basic content of the eighteen separate items contained in this request, as follows: 03-03-86 96 1. An increase in the number of copies of the preliminary plats and supplementary information. 2. Elimination of the reference to an exemption review fee. 3. Formalization of the review process, which includes review of parkland dedications by the Division of Parks and Playgrounds and the Recreation Advisory Board. 4. Addition of a section indicating that park dedication requirements do not apply to any division that creates only one additional lot, as provided in the State Statutes. I 5. Clarification of reasons for exemptions for relocation of common boundary lines. 6. Provision for aggregation of lots and exemptions for rearrangement of five or fewer lots within a platted subdivision if it does not increase the number of lots, and requiring an "amended plat" be filed if six or more lots are involved. 7. Delete reference to "1983" State Statutes in specified certificates. 8. Delete reference to "1983" State Statutes in Section 16.02.020, giving the City authority to adopt the Subdivision Regulations. 9. Definition for Comprehensive Plan (Master Plan). 10. Delete reference to "1983" State Statutes in specified sections. 11.,12., and 13. These amendments provide for uniform reference to the State Statutes. 14. Provides for Certificate of County Treasurer, as set forth in the State Statutes. 15. Corrects the title of the "Certificate of Clerk and Recorder. II 16. Eliminates references to "Certificate of Survey" as reviewed by the governing body. 17. Provides three revisions to the acceptable methods of security guarantee. 18. Amends the language contained in the Certificate of Examining Land Surveyor. Commissioner Jordan asked if the concerns expressed by Ray White, Planning Board member, affect the City's action on this item or apply only to the County. Planning Director Lere stated his office will be working with the County Attorney's office to address Mr. White's concerns. He then indicated that those discussions will have no effect on the City Commission's decision-making process. No one was present to speak in opposition to the proposed amendments to the Bozeman I Subdivision Regulations. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that that the customary one-week waiting period be waived since no protest has been received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. City Manager Wysocki concurred in the recommendation for approval submitted by the City-County Planning Board. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the eighteen amendments to the Bozeman Subdivision Regulations as proposed by the City-County Planning Staff. 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. Adjournment - 9:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission 03-03-86