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HomeMy WebLinkAbout1986-05-19 199 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA l1ay 19, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 19, 1986, at 2:00 p.m. Present were Mayor Pro Tempore Vant Hull, I Commissioner Jordan, Commissioner Stiff, Commissioner Martel, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Mayor Mathre 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. Mayor Pro Tempore Vant Hull asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Stiff requested that the petition to stop the creation of a special improvement district along South Black Avenue and East College Street and East Harrison Street be removed for discussion. Minutes - May 12. 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the May 12, 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 and Mayor Pro Tempore Vant Hull; those voting No, none. This was the time and place set for the decision on the Master Plan Amendment requested by Charles Rush to change the land use designation from Light Industrial to General Highway Commercial for an area described as Lots 14-19, Gordon Mandeville State School Section Sub- I division to the City of Bozeman. This site is more generally described as being east of North Seventh Avenue and north of Griffin Drive. City Manager Wysocki reminded the Commission that the public hearing on this item was conducted at their meeting of April 7, 1986; and on April 14, 1986 the Commission referred the matter back to the City-County Planning Board for additional review. He then noted that the Planning Board did review the matter once again at their meeting held on May 8, 1986 and re- affirmed their previous decision. He indicated that minutes from that meeting, along with a letter from Steve Custer, member of the Board, and a memo from Assistant Planner Skelton have been included in the packets. The City Manager then concurred in the City-County Planning Board's recommendation for denial of the requested Master Plan Amendment. Commissioner Stiff indicated that he has carefully reviewed this matter during the past few weeks and concurs with the recommendation submitted by the Planning Staff and the Planning Board. Commissioner Martel expressed concern that the letter submitted by Mr. Custer represents only his opinion and not that of the Planning Board. He then indicated that he feels the subject area will be rezoned to a commercial designation at some point in time even if it is not done now. Commissioner Jordan expressed appreciation that Mr. Custer has reminded the Commission of the criteria to be considered in making a decision. He noted that the City Attorney sub- mitted to the Planning Board a list of criteria upon which to base decisions; and he feels those must be considered. I Mayor Pro Tempore Vant Hull noted that she had voted to refer this matter back to the Planning Board, hoping that they would submit a proposal to ensure high-quality development of the area. She noted that issue was not addressed and she will. therefore, vote against changing the Master Plan. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission deny the Master Plan Amendment requested by Charles Rush to change the land use designation from Light I ndustrial to General Highway Commercial on Lots 14 through 19 of the Gordon Mande- vi lie State School Section Subdivision. The motion carried by the following Aye and No vote: 05-19-86 ---...--..-. --.-- -.. 200 those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Pro Tempore Vant Hull; those voting No, none. Presentation b Foundation - proposal to rename City Manager Wysocki stated that Ms. Joyner and Mr. Nell have requested an opportunity to address the Commission concerning the possibility of changing the name of North 7th Avenue I to Lewis and Clark Boulevard during the State Centennial activities to be held in 1989. Ms. Daria Joyner, Executive Vice President of the Chamber of Commerce, noted that North 7th Avenue creates an image of Bozeman for many who travel through this area; and she feels it needs to be upgraded. She then indicated that Mr. Dick Pohl, MSU landscape architecture professor, has agreed to prepare a preliminary image plan this summer utilizing the boulevard concept for this entrance to the community. Mr. Don Nell, National Director of the Lewis and Clark Trail Heritage Foundation, Inc., stated he is also serving on the Centennial Committee appointed by the Governor. He expressed concern that a community the size of Bozeman does not have any streets named for Lewis and Clark, who camped within a mile of the City Hall in the early 1800.s. Mr. Nell indicated he is proposing that the 1989 convention of the Heritage Foundation be held in Bozeman, with 350 to 400 people attending. He then indicated he would like to see North 7th Avenue renamed and upgraded as a part of the Centennial activities as well. He stated the Rotary Club and the Chamber of Commerce have indicated their support and willingness to assist in the project; and he is now seeking City Commission support as well. Don Nell then stated there are 263 Lewis and Clark campsites in Montana; and the Founda- tion will mark each site with a number and hopefully a turnout along the highway. Commissioner Stiff asked how the property owners along North 7th Avenue feel about this proposal. Mr. Nell stated the convention and hotel people have indicated support for anything that will improve North 7th Avenue. He noted the proposal is being submitted now; but the actual renaming would not take place until 1989. I Ms. Joyner indicated that the Rotary Club could help to canvas the area if the Commission shows support. She stated the item is before the City at this time to determine if there is any support prior to taking any further action. Commissioner Stiff indicated he has no strong position on the renaming of North 7th Avenue; but he does feel strongly that the appearance must be upgraded, no matter what its name. Following discussion, the Commission concurred that a public discussion should be con- ducted prior to making a decision on whether to rename North 7th Avenue as proposed. They also concurred that upgrading of the appearance is a separate issue that can be addressed later. City Manager Wysocki stated the people who border along the street should be canvassed prior to that meeting, suggesting that the public discussion be held during the afternoon session in approximately one month. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that this item be placed on an agenda for public discussion in approximately one month. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel. Commissioner Jordan and Mayor Pro Tempore Vant Hull; those voting No, none. Request for variance to Si_n Code - Town Pump, Inc., and Affiliates - allow a 12. x 48' illboard sign on the Idaho Pole property located along -90 in the northeast corner 0 the ci ty City Manager Wysocki presented to the Commission a request from Town Pump, Inc., and Affiliates for a variance to the Sign Code to allow a 12-foot by 48-foot billboard sign on the I Idaho Pole property located in the northeast corner of the city along Interstate 90. Mr. Jerry Lince, Town Pump, Inc., and Affiliates, indicated that the State limitation on billboard signs is 1200 square feet. He then stated he feels the 300-square-foot limitation im- posed by the City limits visibility and readability from the interstate. Mr. Lince then stated the proposed 576-square-foot sign would be well constructed and would be nice looking and well kept. The City Manager reminded the Commission that they have expressed concern in the past 05-19-86 201 about the type of impression that large signs give and their impact on the scenery. He then concurred in the staff recommendation that this requested variance be denied and that the 300-square-foot limitation be observed. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the variance to the Sign Code requested by the Town Pump, Inc., and Affiliates to allow a 12-foot by 48-foot billboard sign on the Idaho Pole property located along 1-90 in the northeast corner of the city I be denied and that the billboard sign not exceed the 300-square-foot limitation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commission- er Stiff, Commissioner Martel and Mayor Pro Tempore Vant Hull; those voting No, none. Preliminary Plat Review - Baxter Park Subdivision, Phase I - Junior Tschache - 32. 69-acre tract located in a portion of Government Lot 1, Section 2, T2S, RSE, MPM ( southwest corner of the intersection of Baxter Road and North 19th Avenue) This was the time and place set to review the preliminary plat of Baxter Park Sub- division, Phase I, submitted by Junior Tschache for a 32. 69-acre tract located in a portion of Government Lot 1, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is more commonly known as being located in the southwest corner of the intersection of Baxter Road and North Nineteenth Avenue. Assistant Planner Marcia Elkins presented the Staff Report. She noted that the subject 32.69-acre tract is currently going through the annexation process. Also, the developer has requested a rezoning from AS to R-4, which is being withdrawn; and the Planning Staff is begin- ning to process an application to rezone the property from AS to R-3. She then noted any action for approval should be made contingent upon completion of those two processes. The Assistant Planner then indicated that this phase would divide approximately 6.39 acres into forty lots, as well as providing sufficient parkland for that phase. She stated the first phase of development would be generally located in the southeast corner of the parcel, stopping just short of the southern boundary. She noted under the R-3 zoning designation, each lot must be at least 5,000 square feet with a 60-foot minimum width. I Assistant Planner Elkins stated that the proposed phasing will create two long cul-de-sac streets, approximately 600 feet long, until the next phase to the south is completed and the streets are opened to the street along the southern boundary. She indicated that the staff recommendation is that the boundaries of the first phase be revised to extend further to the west, creating more and shorter cul-de-sac streets until additional phases have been completed. The Assistant Planner then noted that primary access to the subject site would be along West Oak Street and through the Sunset Subdivision; and the secondary access would be through the subdivision to Baxter Road. She then reviewed the other concerns, which have been addressed in the sixteen recommended conditions for approval. Mr. Paul Kinshella, Sanderson, Stewart and Gaston Eng'ineering. Inc., representing Junior Tschache, stated that on the original pre-application submittal, the first phase extended to the southern boundary of the property. However, one of the conditions would have been construction of that entire street, although one-half of the right-of-way lies on Mr. Smith's property. He noted if the street is constructed prior to the time both properties are being developed along that corridor, one developer will bear the entire cost of the street with no compensation from the other. He stated Mr. Tschache plans to develop that area at the same time that Mr. Smith develops his adjacent property, with the street possibly being constructed through a joint special improvement district. Mr. Kinshella then stated he is willing to work with the Planning staff on rearrangement of the lots within the first phase to provide shorter cul-de-sac streets. He also indicated that I the applicant is willing to accept the conditions which have been recommended by the Planning Staff and the City-County Planning Board. Commissioner Jordan asked if the phase lying north of this phase will be developed at the same density. Mr. Kinshella indicated that is the proposal at the present time. Mayor Pro Tempore Vant Hull noted that the Recreation Superintendent and the Recreation Advisory Board have expressed concern about the usability of the park site if it is also used as a detention basin. She also asked if the parkland could be revised to form a wider, shorter park area. Mr. Kinshella noted that a stream corridor is located along the southern portion of the 05-19-86 202 parkland area; and this proposal eliminates the need to observe the 35-foot streambank setback during construction as well as protecting the stream area. He then indicated that the detention basin to be located on the parkland is in accordance with the design adopted by the City, noting the water will not stand in the basin for more than two days following heavy moisture at a depth not to exceed one foot. He stated the sides of the basin will probably be on a five-to-one slope, which will provide for mowing without any problems and should not limit the use of the park area. I City Manager Wysocki reminded the Commission that the Recreation Advisory Board is not a Park Board and does not have that type of expertise. He noted from an engineering and commu- nity standpoint, the proposed storm detention system is the best way to accommodate storm drainage. He stated in most circumstances, the water will drain from the site within twelve to thirty-six hours following a storm. The City Manager also noted that the depression could create a natural basin for ice skating if so desired. Commissioner Vant Hull then asked about the possibility of using east-west streets to provide for passive solar design. Paul Kinshella stated that Mr. Tschache plans to develop this phase as a mobile home sub- division, although the area will probably be zoned R-3. He noted that type of zoning does not restrict the use of the lots like an R-MH designation would. He stated the current street lay- out wi II provide for solar orientation of mobi Ie homes. Mr. Kinshella further noted the ground in that area of the community generally falls to the north while remaining generally flat from east to west; and those slopes must be considered in developing the grade for storm sewers and sanitary sewers. The City Manager recommended that the Commission approve the preliminary plat, subject to completion of the annexation process and approval of the request for rezoning from AS to R-3 as well as the sixteen conditions recommended by the Planning Staff and the City-County Planning Board. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission approve the preliminary plat for Baxter Park Subdivision, Phase I, as submitted by Junior I Tschache, contingent upon completion of the annexation process and approval of the Zone Map Change from AS to R-3, and subject to the conditions recommended by the City-County Planning Board, as follows: 1. All appropriate certificates shall be placed on the face of the plat prior to final plat approval. 2. Approval of the subdivision by the Montana Department of Health and Environmental Sciences shall be obtained prior to final plat approval. 3. The developer shall provide water rights in accordance with City annexation policy prior to final plat approval. 4. Oak Street shall be constructed from the subdivision to North 7th Avenue with a 28-foot paved surface and no curb and gutter prior to final plat approval. Access via public streets built to City standards through Sunset Park Subdivision shall also be construction prior to final plat approval. 5. Easements shall be provided for all temporary cul-de-sacs. 6. The names of streets shall be reviewed and approved by the City Engineering Officer prior to final plat approval and shall be noted on the final plat. 7. Sidewalks shall be installed along all subdivision streets, in accordance with City policy. A gravel pathway shall be located along North 19th Avenue and the developer shall provide a waiver of protest to the creation of S.I.D.'s for one-half of the improvements for curb, gutter and sidewalk along that portion of North 19th Avenue located within Phase I I of the subdivision. 8. The following statement shall be placed on the face of the plat prior to final plat approval -- "Due to the relatively high groundwater table within the subdivision, the construction of full or half basements may not be advisable. " 9. Each lot shall meet the minimum lot width requirement of the zoning district in which it is located and correct lot widths shall be noted on the final plat. 05-19-86 203 10. The location of Phase I of the proposed subdivision shall be revised in a manner acceptable to the Planning Director. 11. The location of all fire hydrants shall be submitted for the review and approval of the Fire Marshall. 12. Information including plans and profi Ie sketches of the storm water management facilities shall be submitted for review and approval by the Planning Director. I 13. An analysis of the assignment of the traffic impact from the subdivision, street capacities and the need for a traffic signal at North 7th Avenue shall be submitted for the review and approval of the City Engineering Officer prior to final site plan approval. 14. The street right of way for Baxter Lane located at the northwest corner of the property (235 feet by 50 feet) shall be dedicated on the final plat. 15. The final construction plans for all streets, water, sanitary sewer, storm drainage and sidewalks shall be prepared and submitted pursuant to Chapter 16.26 of the Bozeman Area Subdivision Regulations. 16. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. I f the final plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 100 percent of the cost of the remaining improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Pro Tempore Vant Hull; those voting No, none. Break - 3:05 to 3:15 p.m. Mayor Pro Tempore Vant Hull declared a break from 3:05 p.m. to 3:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Preliminary Plat Review - First Amended Subdivision Plat of Tract A, Block 1, Kirk's Second Subdivision - Mike Foley representin Don Norem - 1. 922-acre tract located at the northeast corner 0 t e intersection 0 est ain treet and orth 19t venue This was the time and place set to review the preliminary plat submitted by Mike Foley on behalf of Don Norem for the First Amended Subdivision Plat of Tract A, Block 1, Kirk's Second Subdivision. This parcel consists of 1.922 acres and is located at the northeast corner of the intersection of West Main Street and North Nineteenth Avenue. Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject site is to be divided into four lots. She noted the area had previously undergone a minor sub- division plat review, thus the full-blown review, including public hearings, even though less than six lots are involved. She indicated concern about the number of proposed accesses re- quested to the site, noting that the Planning Board has concurred in the staff recommendation that a looped road system be provided between the lots to minimize the number of accesses needed. The Assistant Planner then stated the City-County Planning Board has reviewed this preliminary plat and recommended approval, subject to nine conditions. Assistant Planner Elkins stated that Mr. Foley indicated he would be unable to attend this meeting; but he concurs with the recommended conditions submitted by the Planning Board. City Manager Wysocki recommended that the Commission approve the preliminary plat, subject to the nine conditions listed in the City-County Planning Board's resolution. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission I approve the preliminary plat submitted by Mike Foley for Don Norem of the First Amended Sub- division Plat of Tract A, Block 1, Kirk's Second Subdivision, subject to the conditions recommended by the City-County Planning Board as follows: 1. All sewer and water faci Iity plans, profiles, etc., shall be submitted to the City of Bozeman and the Montana Department of Health and Environmental Sciences for review and approval prior to Final Plat approval. 2. The water line service extension for Lot 2 shall be located within the public right-of-way. 05-19-86 204 3. The Certificate of Surveyor shall reference the name of the subdivision, "The First Amended Subdivision of Tract A, Block 1, Kirk's Second Sub- division," and the title of the plat shall bear the name of the subdivision. 4. The following Examining Land Surveyor Certificate shall be shown on the Final Plat: I, , a duly appointed Examining Land Surveyor, of the City of Bozeman, Gallatin County. Montana, do hereby certify that I have examined this Subdivision plat and find I the survey data shown thereon meets the conditions set forth in Section 76-3-611(2)(a), M. C.A., and the Bozeman Area Subdivision Regulations. Dated this day of 19 . - Examining Land Surveyor Registration No.: Gallatin County, Montana 5. An acceptable shared access easement for Lots 1, 2 and 3 shall be designated on the plat prior to Final Plat approval. 6. Appropriate signing regarding access onto North 19th Avenue, as determined by the Director of Public Service, shall be provided and installed by the subdivider. 7. The following statement shall be placed on the face of the plat prior to the Final Plat approval -- "Due to the relatively high groundwater table within the subdivision, the construction of structures with full or half basements may not be advisable." 8. A storm drainage plan shall be submitted for the review and approval of the City Engineering Officer prior to Final Plat approval. 9. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is to be approved prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 100 percent of the cost of the I remaining improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Pro Tempore Vant Hull; those voting No, none. City Manager Wysocki presented to the Commission a request from Allen J. Visocan for a one-year extension of the Conditional Use Permit granted for an 18-unit apartment building on the north 388 feet of Tract 14-A and a portion of Lots 13 and 14, Durston's Subdivision. This site is more commonly known as the Kibbey Plaza Planned Unit Development. Planning Director Steve Lere stated the Zone Code does not provide a mechanism for granting extensions of approved Conditional Use Permits. He noted if the Planning Staff were to review this application again at this time, it would not recommend any changes in the conditions for approval. The Planning Director then indicated that the staff has recently required that four approved projects begin the process again because the original six-month timeframe for final approval has expired, since there is no mechanism for extension of any of the timeframes. City Attorney Crumbaker-Smith noted one option would be to amend the Zone Code to allow extensions, providing set standards for review of such requests. She reminded the I Commission that such action would not affect the decision on this request, however. Commissioner Jordan stated support for an option to extend the eighteen-month timeframe after the final approval has been granted: but he does not feel the six-month timeframe prior to final approval should have an option for extension. The Planning Director noted that in the past, the Planning Staff has required the appli- cant to pay only the advertising costs if he is required to complete the process again. 05-19-86 205 The City Manager recommended denial of the request since no mechanism is available for extensions of Conditional Use Permits. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the request for a one-year extension of the Conditional Use Permit to allow construction of one 18-unit apartment building on the north 388 feet of Tract 14-A and a portion of Lots 13 and 14, Durston's Subdivision be denied. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Pro Tempore Vant Hull; those voting No, none. It was then moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission request the staff to review the current policy,. considering the possibility of pro- viding a mechanism for extensions to the eighteen-month construction period following issuance of the permit if specific criteria are met. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Stiff and Mayor Pro Tempore Vant Hull; those voting No, none. City Manager Wysocki presented Ordinance No. 1211, as prepared by the City Attorney, entitled: ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "RS-1" (RESIDENTIAL SUBURBAN COUNTRY ESTATES) DISTRICT TO AN "M-l-T" (COMMERCIAL--L1GHT MANUFACTURING TRANSITION) DISTRICT ON TWO PARCELS OF LAND DESCRIBED AS CERTIFICATE OF SURVEY NO. 724 LOCATED IN THE SEt OF SECTION 31, T1S, R6E, M.P.M., GALLATIN COUNTY, MONTANA, AND AN 11.22 ACRE PARCEL OF LAND DESCRIBED AS I TRACT 25 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN AND \ LOCATED IN THE SEt OF SECTION 31, T1S, R6E, AND THE NEt OF SECTION \ I 6, T2S, R6E, M.P.M., IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that they had previously conducted the public hearing and approved this Zone Map Change. He then recommended that the Commission provisionally adopt this Ordinance, enacting that change, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission provisionally adopt Ordinance No. 1211, changing the zoning from RS-l to M-l- T on 12.253 acres located between Griffin Drive and Bridger Drive, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Pro Tempore Vant Hull; those voting No, none. Ordinance No. 1212 - Zone Code Amendment - amendin .0 e to allow tire sa es and Insta at IOn as a con Itlona City Manager Wysocki presented Ordinance No. 1212, as prepared by the City Attorney, entitled: ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.52.140 OF THE BOZEMAN MUNICIPAL CODE. City Manager Wysocki reminded the Commission that they had conducted the public hearing I and approved this Zone Code Amendment. He then recommended that the Commission provisionally adopt the Ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1212, amending Section 18.52.140 of the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Pro Tempore Vant Hull; those voting No, none. 05-19-86 20G City Manager Wysocki stated that Commissioner Stiff had requested this item be removed from the Consent Items. Commissioner Stiff requested a brief report from the City Manager. The City Manager stated that a quick review of this petition and the petition requesting the creation of this district indicates that more than 50 percent of the people who signed the I original petition signed this petition as well. He noted the subject area has been developed for twenty-three years; but the streets remain unpaved. He noted the ground is unstable, requiring a substantial amount of excavation to provide a good base for the paving. The City Manager then recommended that the Commission acknowledge receipt of this petition and vote to not proceed any further with the creation of a district at this time. Commissioner Vant Hull asked if the staff will consider alternatives for dust control in the area. City Manager Wysocki noted the alternatives for dust control depend on a good base, which does not exist on the subject streets. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission acknowledge receipt of this petition to stop the creation of this special improvement district for paving and declare this a dead issue until such time as a new petition for creation of a district which contains signatures of a majority of the properties involved is submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- sioner Stiff, Commissioner Martel and Mayor Pro Tempore Vant Hull; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The City Manager submitted to the Commission a letter from Jim Williams, represent- Ing the Gallatin Valley Softball Association, concerning possible City financial cooperation in I surveying the Recreation Complex. He expressed concern that any proposed use or expansion of the facility be done in accordance with any regulations previously established through use of Bureau of Outdoor Recreation funds during initial construction. The City Manager then suggested this item be placed on next week's agenda for discussion. (2) Commissioner Jordan suggested that the Commission write a letter or send a card to Maxine Penttila, who has actively participated In many Commission meetings over the past years, since she is recovering from surgery. The Commission concurred; and Mayor Pro Tempore Vant Hull indicated she would draft a letter during the break in today's meeting. (3) Commissioner Stiff noted that two of the goals under the "Non-budgetary -- short term" category are intertwined, leaving only one other choice in that category if selected. He then suggested those two be combined or that the Commissioners select five priorities in that category only. The Commission concurred that the two goals should remain separate and that each Commissioner prioritize the top five in that category. Consent I terns Items." A than Monda , I - Si ma Nu aturday, May 24, 1986, 9:00 a.m. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the Commis- sion approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: 05-19-86 207 those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Pro Tempore Vant Hull; those voting No, none. Recess - 4:07 p.m. Mayor Pro Tempore Vant Hull declared a recess at 4:07 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. I Reconvene - 7:00 p.m. Mayor Pro Tempore Vant Hull reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Section venue) This was the time and place set for the public hearing on the Zone Map Change requested by Junior Tschache to change the present zoning of AS (Agriculture - Suburban) to R-4 (Residential - Medium Density Apartment) on a tract of land located on Government Lot 1, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is more commonly known as being located at the southwest corner of the intersection of Baxter Road and North Nineteenth Avenue. Mayor Pro Tempore Vant Hull opened the public hearing. City Manager Wysocki submitted to the Commission a letter of withdrawal from Sanderson, Stewart and Gaston Engineering, Inc., consulting engineers representing Mr. Tschache, for this application. The City Manager recommended that the public hearing be closed and that the Commission acknowledge receipt of this letter of withdrawal. Mayor Pro Tempore Vant Hull closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission acknowledge the receipt of the letter of withdrawal received from Paul Kinshella, Sanderson, I Stewart and Caston Engineering, Inc., representing Junior Tschache. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Pro Tempore Vant Hull; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Permit requested by CASI Broadcasting and Entertainment for Roger L. and Norma J. Craft to allow a radio station, office and antennas on Lots 7, 8 and 14 and portions of Lots 9, 13 and 15, Block B, Tracy's Second Addition. This site is more commonly known as 123 West Mendenhall Street. Mayor Pro Tempore Vant Hull opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated this Conditional Use Permit would allow the placement of five antennas--two 16-foot satellite receiving dish antennas, one 10-foot satellite receiving dish antenna, one 6-foot microwave relay dish antenna, and one two-way radio antenna--on the south end of the building in addition to the office and radio station being located at the south end of the main floor. The Assistant Planner noted the Planning Staff reviewed the landscaping and off-street parking plans for this structure in August 1984. She indicated that a portion of the required improvements were installed at the time of construction; however, the timeframe for installation as well as the Improvements Agreement have expired and the remaining improvements have not yet been made. She noted I that one of the recommended conditions for approval of this application is that the remaining improvements be installed within three months. Assistant Planner Elkins stated that the Zoning Commission reviewed this application and concurred in the Planning Staff's recommendation for approval, subject to five conditions. Mr. David Penwell stated he is in the process of purchasing the second floor of the subject building and expressed opposition to the requested use. He noted the antenna dishes to be located at the front of the building are large and would be easily noticed. He further expressed concern that mounting of the five antennas could cause a leaky roof if bolts were inserted into the existing roof structure. Mr. Penwell indicated that he had contacted the 05-19-86 208 applicant and was assured that his concerns would be addressed; but he has received no written comment to date. He then indicated that he met with the applicant's engineer, went up on the roof and discussed possible location of the antennas near the elevator shaft on the north end of the building as well as mounting of the antennas on an I-beam rather than penetrating the roof; and the engineer indicated none of those items would create any problems for the radio station. Dave Penwell then stated opposition to the proposed 20-foot dish antenna, which would be located at the south end of the building, closest to West Mendenhall Street. He requested that approval I of the request include only the three smaller antennas, to be located on an I-beam near the north end of the building. Mr. Penwell then stated the proposed sign is not in compliance with the covenants of the condominium rules and regulations. Mayor Pro Tempore Vant Hull asked Mr. Penwell when he had met with the applicant's engineer. Mr. Penwell indicated it was prior to the Zoning Commission meeting; and he did not attend that meeting because of the verbal assurances he had received. Commissioner Martel noted the conditional use process allows the requested type of use and accompanying superstructures; and he feels the Commission is being caught in a family-type fight between part-owners of a building. Mr. Marty Bakken, representing the applicant, indicated that he witnessed the conversation between Mr. Penwell and Mr. Jim Bender, engineer for the radio station, concerning the location of the antennas and dishes. Mr. Bakken noted that Mr. Bender had prepared the plans which have been submitted in Whitefish without first looking at the site; and after reviewing the site Mr. Bender indicated that relocating the superstructures to the north end would be no problem. He then stated that the 20-foot dish antenna referred to by Mr. Penwell is actually a 10-foot dish on a stand, probably about four feet high, to allow rotation. Mr. Bakken then stated that Mr. Bender had indicated he would submit a set of revised plans to Mr. Penwell; and until he received a phone call from Mr. Penwell today he was not aware that the drawings had not been provided and that a problem did exist. He then indicated that he is not sure all of the re- quested antennas are needed at this time; but the applicant must address that issue. I Mr. Bakken stated the drawings for the proposed sign were submitted with the original application and meet the Zone Code regulations. He indicated he was not aware that the pro- posal does not meet the covenants of the condominium owners. Commissioner Jordan asked what the height restriction is in the B-3 District; and Assistant Planner Elkins indicated there is none. Commissioner Jordan then noted the subject site borders on a residential area and asked if the antennas could create any harmonics or any other interference with television or radio reception. The Assistant Planner stated that federal regulations address this issue in the opposite manner, stipulating that radio waves have the right; and if those waves interfere with reception in the area, the individuals must obtain devices to eliminate the problem. She stated that Mr. Bender did not feel this proposed use would have any negative impacts on the residential or commercial uses in the immediate area. Assistant Planner Elkins then stated that two resi- dents immediately to the north came to her office and expressed concern; but they feel the antennas will have no impact on their properties since they will located on the south end of the building. City Manager Wysocki noted the Commission has received Mr. Penwell's concern about the location of the antennas and his concern about possible leaks in the roof due to installation of the antennas, He then asked if those concerns fit into the criteria for review of a Conditional Use Permit appl ication. Assistant Planner Elkins indicated they generally do not; but the public health, safety and welfare as well as the standards and regulations contained in the Zone Code are the major considerations. She noted how the antennas are anchored to the structure is a I matter for the Building Inspection Division to review. City Manager Wysocki then noted the covenants are not a concern of the City during this review process; and the Assistant Planner concurred, noting the covenants constitute a private agreement between individuals. Mr. Penwell indicated that if he were assured that only the three smaller antennas were to be Installed at the north end of the building on an I-beam, he would withdraw his objection. 05-19-86 2D9 The City Manager asked Mr. Bakken if he could respond to the need for the five antennas at this time; and Mr. Bakken indicated he could not. Mrs. Rose Anne Penwell stated she spoke to Mr. Bee and asked him to have a representative present at this hearing to address their concerns. She then indicated a desire to work with the radio station in this matter. Mrs. Colleen Bee, sole owner of CASI Broadcasting and Entertainment, Inc., stated that I the engineer called her about 4:00 p.m. from the Flathead Valley and indicated he was on his way to Bozeman. She stated that she is unable to address the engineering or technical questions, but Mr. Bender could possibly answer them if the public hearing were continued until later this evening or until next week. Mrs. Bee then stated she wants to make this radio station a quality business and not offensive in any way. She then noted that there are already a number of antennas in the immediate area, including the National Guard Armory, the County Courthouse, the Baxter Hotel, and the Cable Television; and those antennas are not really noticeable unless one looks for them. The City Manager recommended that the Commission continue the public hearing until later in the evening to provide travel time for Mr. Bender. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission continue the public hearing until after the discussion with the Recreation Advisory Board has been completed this evening. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Jordan and Mayor Pro Tempore Vant Hull; those voting No, none. Discussion with Recreation Advisory Board re recreation program City Manager Wysocki reminded the Commission that this is the time they had set for a discussion with the Recreation Advisory Board. He noted a folder of information was contained in each of the Commissioners' packets. I Mr. Mike Cavaness, Chairman of the Recreation Advisory Board, stated the Board wanted to bring to the Commission's attention the fact that a Recreation Advisory Board does exist and that they take their task seriously. He noted they have conducted several retreats recently, utilizing that time to develop various goals, policies and procedures, which have been included in the folders of information. Mr. Cavaness stated the current recreation program is being operated at maximum effi- ciency at minimum cost to the City. He indicated that recreation is an important aspect of the community, being a necessary and valuable City service. Mike Cavaness then stated the recreation activities must be coordinated to get maximum efficiency from everyone's efforts, which the Recreation Superintendent currently provides; and he indicated the Board is searching for ways to expand existing recreation facilities to provide additional opportunities for recreational programs. He then noted that the Recreation Superintendent provides stability, while the members on the Recreation Advisory Board change from year to year. Daria Joyner stated one of the concerns expressed by the Board is the process being used to disseminate information to the Commission. She indicated they sometimes feel their recommendations are lost before reaching the Commission. She noted that, as a result, one of the items developed during the retreats was a proposed flowchart for proposals. Recreation Superintendent Sue Neville stated minutes from the Recreation Advisory Board meetings can be forwarded to the City Commission if they wish. Mayor Pro Tempore Vant Hull indicated that she feels that would be helpful. Commissioner Martel asked if the list of objectives is items that have been done or items I that were discussed during the retreats. Ted Koterwas stated that the Board felt these are items that should be addressed if and when funding becomes available. He noted that some of the Board members feel that the Park and Recreation departments should be combined and that it should be given the same importance as Police and Fire. Commissioner Stiff reminded the Board that the revenue picture is rather bleak and shows no sign of improvement. He noted one of the goals recently discussed by the Commission was possible formation of an inter-governmental service district to help fund the recreation program. 05-19-86 210 He further noted that use of volunteers can be helpful in operating programs at a minimum cost to the City. Commissioner Jordan noted that services such as police and fire are mandated by State Statute; and the City must consider public health, safety and welfare before funding of any other programs. City Manager Wysocki reminded the Commission and the Board that the Recreation Division is on the same level as the Police Division and the Fire Division under the current I organizational structure. Erhardt Hehn noted that when municipal parks were established, a Park Superintendent was hired; and a Board of Park Commissioners was created. However, that Board was eliminated with the creation of the Recreation Advisory Board. Mr. Hehn stated that the Park Superinten- dent and Recreation Superintendent were to cooperate under this form of structure; and the City does not have adequate funding to hire someone to supervise both those positions. Commissioner Jordan asked if the Park Superintendent is responsible for maintenance. John McNeil, Park and Cemetery Superintendent, indicated he is responsible for maintenance of the parks and cemetery as well as reviewing designs and construction for maintenance problems. He stated he knows of no conflict between maintenance and use of parks unless the facilities have been abused to the point of the City's being In danger of losing the facilities entirely. Amanda Cater stated the Board is concerned that the Recreation Superintendent's duties include items not related to recreation, such as overseeing the municipal band and the senior center. Jim Brown indicated that, although specific services are mandated under the state statutes I numbers of participants in various activities can also create mandates, citing the softball program as an example. Commissioner Stiff noted that the City provides a substantial amount of the funding for the recreation programs, although a large portion of the users do not reside within the city limits. He further noted that the Recreation Superintendent's letter indicates that the ice skating program cost $7,000.00 and asked how cost beneficial that program was. John McNeil I noted those were the costs of flooding the skating rinks and came out of his budget rather than the recreation budget. Amanda Cater stated the Recreation Advisory Board has discussed the implementation of user fees and asked if the Commission wishes to consider that possibility through a formal presentation from the Board or an informal discussion. Recreation Director Sue Neville stated the Board prepared a group flowchart to be followed when various requests are submitted. She noted this procedure could assure that all requests are handled in the same manner and are not lost in the process, noting the Board has considered six requests which have not yet been submitted to the Commission. Commissioner Jordan suggested a process similar to that followed for land use requests could work for recreation issues. Erhardt Hehn noted that process was used for a while in the past and was then discontinued. Following discussion, the Commission concurred that the group flowchart as shown in Appendix III should be adopted and followed. The Commission and the Board then considered Appendix II, which establishes a policy for park development. City Manager Wysocki noted only Centennial Park has been improved in the past five years. He further stated that the Parkland Trust Fund does not have a large balance with which to develop existing or new parkland dedications, Commissioner Martel noted the City is now trying to get parkland dedications in a corner of the subdivision where it can be added to through parkland dedications from an adjacent sub- I division so that a larger area in which to provide recreational facilities. Commissioner Jordan noted one of the largest upcoming park areas will be located in Annie Subdivision and asked if the Board will review proposals for development of that park. The City Manager reminded the Commission that this is a Recreation Advisory Board and, as such its expertise is directed to that area, He noted if the Commission wishes to have the Board address development also, it may wish to appoint persons with expertise in that area as well. 05-19-86 211 Sue Neville stated that Senior Planner Mike Money will be attending the next Board meeting to discuss development of a master plan for parks. She indicated that a sub-committee with ex- pertise in that area will probably be appointed, noting that Erhardt Hehn and Joanne Jennings have indicated a willingness to serve on that committee. City Manager Wysocki noted when he came to Bozeman, the Recreation Office was co- ordinating summer programs and use of the City facilities; and the position of Recreation I Superintendent was in a state of flux. He reminded the Commission that when the position was filled again a year and a half ago, it was with the understanding that the current programs would be made viable while starting only a couple new programs. Recreation Superintendent Sue Neville stated that volunteer programs can fall sometimes, and she feels it is her responsibility to help bring the program back together again. Erhardt Hehn noted that volunteer programs must be monitored for quality, not just left to operate on their own at City facilities. Jim Brown noted that the Softball Association operated a $10,000.00 budget with no strict control over expenditures and no accountability, and that Sue Neville helped to stabilize the program. He stated that the Recreation Department should not take over volunteerism totally, but should provide the needed monitoring. Amanda Cater stated the Board has developed four basic goals: (1) establishing a recrea- tion philosophy for the community; (2) funding; (3) long-range goals and planning; and (4) an efficient, effective Board, including communication channels. She asked if the Board should work further on those goals and bring them back to the Commission when they have been completely developed. Daria Joyner asked who determines whether the parkland is to be dedicated or a cash-in~ lieu payment would be preferable, and how the cash-in-Iieu monies are to be used. The City Manager stated the City Commission makes those final determinations. He noted any input from the Recreation Advisory Board should be submitted in the timeframe under which the developer is working so that it does not slow the process. I The Commissioners and members of the Board then posed several questions about the dedi- cation of parkland, such as whether developers should be allowed to use streambank setbacks as parkland dedication due to the strong limitations placed on use of such lands; and how much of a problem sedimentation basins create. Mayor Pro Tempore Vant Hull noted the final item contained in Appendix II addresses the naming of parks, questioning whether that is appropriate. Sue Neville stated she feels the City should have an opportunity to review the name for the park which is proposed by the developer. The Commission then briefly reviewed the reasons for City funding of the band program. Commissioner Jordan noted that concerts are a community event, provided for the pleasure of the residents. He then stated that he feels the various recreation programs should be self- supporting, noting that they use City facilities for their activities. The Commissioners then requested additional information on the band program. Mike Cavaness stated the Recreation Advisory Board has received a lot of encouragement from the Commission and will come back with solid proposals for review. The Commissioners noted they need an opportunity to review the documents prepared by the Recreation Advisory Board and concurred the matter should be brought back to a Commission meeting not later than July 15, 1986 for action. Public hearinq (continued) - Conditional Use Permit - CASI Broadcasting and Entertainment, Inc., for Roger L. and Norma J. Craft - allow a radiO station, office and antennas on Lots 7, 8 and 14 and portion of Lots 9, 13 and 15, Block B, Tracy's 2ndAOOltion T123 vVest Mendenhall Street) I Mayor Pro Tempore Vant Hull opened the continued public hearing. Mrs. Colleen Bee indicated that the engineer has not yet arrived and requested that the public hearing be continued for a period of one week. The Mayor Pro Tempore asked Mrs. Bee if they will contact the neighbors during this next week to resolve concerns which have been expressed . Mrs. Bee indicated that they will contact others who will be located in the office building as well as those on adjacent properties. It was moved by Commissioner Martel, seconded by Commissioner Jordan, that the public 05-19-86 212 hearing be continued until 2: 00 p.m. on Tuesday, May 27, 1986 to allow the applicant's engineer an opportunity to address the questions which have been raised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Pro Tempore Vant Hull; those voting No, none. Adjournment - 9:30 p.m. There being no further business to come before the Commission at this time, it was moved I 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 and Mayor Pro Tempore Vant Hull; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 05-19-86