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HomeMy WebLinkAbout1986-06-02 \ '223 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 2, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 2, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, I Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Jordan requested that the authorization to enter into an agreement with Sanderson, Stewart and Gaston for water improvements be removed for discussion; and Commis- sioner Martel requested that the Agreement with Morrison-Maierle for the 1986 sidewalk program be removed for discussion. Minutes - May 27, 1986 Mayor Mathre requested that action on the minutes for the meeting of May 27, 1986 be delayed for a period of one week since they were received just prior to the meeting. Award to "Demolay Mayor for a Day" Mayor Mathre noted that John Boxmeyer was selected as "Mayor for a Day" for the local Demolay chapter. She stated that John is currently one of three councilors for the local Demolay. She then indicated that, as part of the competition for this honor, John had to write a paper and asked him to read it, which he did. The Mayor then presented John Boxmeyer with a certificate honoring him as "Demolay Mayor for a Day," noting that he had spent the morning with the city staff to learn about munici- pal government. I Request for variance to allow 20-foot curb cut from West Koch Street - Ivan Sebastian, 403 South 9th A v-enue City Manager Wysocki presented to the Commission a request by Ivan Sebastian, 403 South 9th Avenue, for a variance to allow a 20-foot curb cut from West Koch Street. The City Manager noted that attached to the request is a m,mo from Engineering Officer Mann indicating that the site currently has one curb cut from South 9th Avenue; and the policy allows only a single width curb cut if no carport or garage is to be constructed. Commissioner Jordan asked if Mr. Sebastian has completed conversion of the basement unit and is now seeking a way to meet the off~street parking requirements for that unit. The Commissioner also expressed concern that Mr. Sebastian is not present at this meeting to answer questions and address concerns. Assistant City Manager Barrick stated that Mr. Sebastian is currently in the process of installing a basement living unit in his home. He then reminded the Commission that the appli- cant has the option to seek a variance from the Board of Adjustment. The City Manager noted that the Commission has discussed the possibility of Koch Street being designated as a through street after the sidewalks have been installed; and the fewer curb cuts the better. He also noted the City doesn't want to encourage parking along the street; but he feels the existing curb cut policy should be enforced. Commissioner Stiff asked if it would be possible to park two cars in the 20-foot-wide I back yard area as proposed. Commissioner Martel noted it would be possible to park two cars in the twenty feet, since no garage or carport is proposed. He then stated it would be possible to install a 12-foot curb cut in the proposed location to provide a parking area for two cars since there is adequate maneuvering room. Mayor Mathre noted concurrence with Commissioner Jordan's concern that the applicant is not present. Commissioner Martel and Commissioner Vant Hull stated agreement with that concern. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that action on this request be tabled for a period of one week to allow the applicant an opportunity to 06-02-86 221+ address the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff a nd Mayor Math re; those vot i ng No, none. I Discussion - proposed sidewalk program for 1986; authorize staff to order residents to install new and replacement sidewalks City Manager Wysocki submitted to the Commission a memorandum from Director of Public I Service Dick Holmes requesting authorization to proceed with the proposed 1986 sidewalk program and authorization to order residents within the subject area to install new and replacement sidewalks. The City Manager reminded the Commissioners that a list of the streets involved and a map of the boundaries were included in last week's II FYI" items. The City Manager indicated this would be the first step in the official process; and the affected property owners will be informed of the sidewalk installation required and given an opportunity to take the option of installing their own sidewalks according to the City's speci- fications rather than having the City install them through an assessment district. City Manager Wysocki stated that the engineering and design will be completed for all parcels through a con- tract with Morrison-Maierle, Inc.; and each property owner should be responsible for his share of those costs, even if he opts to complete the installation in some manner other than through the five-year assessment district. The City Manager then recommended that the Commission authorize the staff to proceed with the sidewalk program as proposed, requiring that each property owner bear his proportionate share of the design costs. Commissioner Vant Hull asked if the sidewalks could possibly be curved, particularly in places where there are encroachments such as shrubs or trees. City Manager Wysocki noted that will depend on how the sidewalks are designed. He further noted that the sidewalks must be installed within the existing public right-of-way. Mayor Mathre asked if anyone in the subject area is aware that the Commission is consider- ing this sidewalk program. I The City Manager stated that the City staff has not contacted anyone to date because the program has not been officially acted upon by the Commission. Commissioner Stiff asked if the design costs will be available at the time an individual is required to make the choice of installing his own sidewalks or becoming a part of the assessment district. City Manager Wysocki stated that the design costs will be known and will be split among the properties at that time. He noted the City will be at the point of bidding the construction work at the time residents are required to make the decision. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the staff to proceed with the 1986 sidewalk program as proposed, re- quiring that each property owner bear his proportionate share of the design costs. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. two parcels of land, 25 located between rl 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, I MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "RS-l" (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 SEk OF SECTION 31, T1S, R6E, M.P.M., GALLATIN COUNTY, MONTANA, AND AN 11.22 ACRE PARCEL OF LAND DESCRIBED AS TRACT 25 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN AND LOCATED IN THE SEk OF SECTION 31, T1S, R6E, AND THE NEk OF SECTION 6, T2S, R6E, M.P.M., IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that they had provisionally adopted this 06-02-86 225 Ordinance at their regular meeting of May 19, 1986. He then recommended that the Commission finally adopt Ordinance No. 1211 at this time. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission finally 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner I Vant Hull and Mayor Mathre; those voting No, none. Code Amendment - amendin Section 18.52.140 of the Bozeman Municipal installation as a conditlona use in the -2 istrict 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 provisionally adopted this Ordinance at their regular meeting of May 19, 1986. He then recommended that the Commission finally adopt Ordinance No. 1212 at this time. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission finally adopt Ordinance No. 1212, amending Section 18.52.140 of the Bozeman Municipal Code, to allow tire sales and installation as a conditional use in the B-2 District. 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. Commission Resolution No. 2607 - authorizin sanitary sewer, water and storm drainage In I City Manager Wysocki presented Commission Resolution No. 2607, as reviewed by the City Attorney, entitled: RESOLUTION NO. 2607 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 649; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 649 BONDS, IN THE AMOUNT OF $448,000.00 FOR THE PURPOSE OF FINANCING THE ENGINEERING DESIGN, CON- STRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTI- FICATION OF SANITARY SEWER MAINS, WATER MAINS AND STORM DRAINAGE AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. City Manager Wysocki indicated that the comments he makes concerning this Resolution apply to the following two Resolutions as well. He reminded the Commission that it has adopted a policy requiring that an escrow account be established when 40 percent or more of the proper- ties involved are held in limited ownership in an attempt to minimize delinquencies. The City Manager then stated that the developer of this subdivision has filed Certificates of Purchaser's I nterest for 47 percent of the property; 42 percent is held in I imited ownership; and another individual has interest in 11 percent. He noted that under the current policy, the combined limited ownerships, which involve 53 percent of the property, would be required to put $67,500.00 in an escrow account to cover that portion of one year's estimated assessment for all three SID's. The City Manager indicated that the use of Certificates of Purchaser's Interest, as proposed by the applicant, would replace the establishing of an escrow account, thus avoiding those upfront costs. He noted the applicant has assured the City that this I alternative would be as secure as an escrow account. City Manager Wysocki indicated that Mr. Don White, attorney representing the Smiths, is in District Court and is unable to attend this Commissi,on meeting. He then suggested if the Commissioners wish additional information, they may wish to delay adoption of these three Resolutions for a period of one week. Commissioner Jordan stated that he becomes uneasy when things start changing, question- ing whether the proposed alternative is equal to the escrow account requirement as a method of security. 06-02-86 22G Commissioner Martel noted that placing one year's assessment in an escrow account is a . '" ~ ~ reasonable security; but requiring three or more years of assessments would result in the limited ownerships actually prepaying their portions of the assessment. Mayor Mathre asked what security would be required if the City does not accept the proposed alternative. City Manager Wysocki stated the developer would be required to place three years' assessments for the entire district in an escrow account. I Mayor Mathre expressed concern about deviation from the City's policy, noting she cannot tell if the proposed alternative would be as secure as the policy. The City Manager noted that it would be in the City's best interests to have cash in an escrow account as security. He then reminded the Commission that since It adopted the policy, only two SID's have been created. He noted the City's policy was established to secure the City's interests; and if an alternative method can be utilized. it should be considered. The City Manager then stated that various developers, including Mr. Smith, have indicated that the requirement for upfront cash makes the use of SID's too expensive. He indicated that the staff agreed to look at alternatives for this project because it involves mobile home subdivision lots, which are needed in this community, Commissioner Jordan asked what would happen if the developer defaulted on his payments. City Attorney Crumbaker-Smith indicated that the costs would be levied against the tax- payers. The Commissioners concurred that they would like to have Mr. White present to discuss these three 51 D's prior to adoption of the Resolutions. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission table action for a period of one week on Commission Resolution Nos. 2607, 2608 and 2609, in order to allow the applicant's representative an opportunity to address the questions raised. 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. I sale of $458,000 in bonds for SID No. etention im rovements in a ortlOn 0 City Manager Wysocki presented Commission Resolution No. 2608, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2608 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 650; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 650 BONDS, IN THE AMOUNT OF $458,000.00 FOR THE PURPOSE OF FINANCING THE ENGINEERING DESIGN, CON- STRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREETS, CURB AND GUTTER, SIDEWALKS, STORM DRAIN DETENTION BASIN IMPROVEMENTS AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. Action on this resolution was deferred for a period of one week per the motion under Commission Resolution No. 2607, above. north City Manager Wysocki presented Commission Resolution No. 2609, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2609 RESOLUTION RELATING TO EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 651 BONDS, IN THE AMOUNT OF $47,000.00 FOR THE PURPOSE OF FINANCING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, INSPECTION AND ENGINEERING CERTIFICATION OF STREET IMPROVEMENTS FOR A PORTION OF DURSTON ROAD, A GRAVEL WALKWAY AND ALL OTHER NECESSARY APPURTENANCES TO SERVE PARTICULAR PROPERTIES WITHIN ANNIE SUBDIVISION, FIRST FILING. 06-02-86 221 Action on this resolution was deferred for a period of one week per the motion under . Commission Resolution No. 2607, above. Break - 2:58 to 3:07 p.m. Mayor Mathre declared a break from 2:58 p.m. to 3:07 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Presentation from ASMSU Senate re transit system City Manager Wysocki noted that a representative from the ASMSU Senate is present. Mr. Leif Griffin, Senator for the Associated Students at Montana State University, pre- sented to the Commission a Resolution adopted by ASMSU for purchase of the buses and submitted a verbal update. He indicated that recently he and Joe Armijo, Associate Professor in Civil Engineering at MSU, met with Mary Vant Hull, private citizen, and Craig Roloff, Director of Administrative Services at MSU, to discuss a proposal for a bus transit system. He indicated under the proposal, ASMSU will buy possibly six buses from Butte for $15,000. He noted that will be done on the contingency that a student election in the fall approves a $3.00 per quarter activity fee, with a $4.50 initial activity fee to cover the costs of purchasing the buses; and that the Board of Regents approves that increase in the activity fee. Mr, Griffin stated that Craig Roloff has indicated interest in cooperating with the Associated Students in finding a place to store the buses as well as providing maintenance. He noted it may be possible to store the buses at the Motor Pool; and they may be able to contract for maintenance through the Motor Pool on campus at approximately $1.00 per mile. He then indicated that Craig Roloff will also help to coordinate administration of the pilot program, possible through use of graduate students in a transportation class. Leif Griffin stated that under the pilot plan three bus routes are being considered: (1) from the Motor Pool, down South Willson Avenue to West Main Street, along West Main Street to South 11 th A venue and up South 11 th A venue to the Motor Pool; (2) from the Motor Pool to South I 19th Avenue to Durston Road, Durston Road to North 11 th Avenue or North 7th Avenue to West Main Street, West Main Street to South 8th Avenue, up South 8th Avenue to the Motor Pool; and (3) a shuttle to Main Mall and return to the Motor Pool via West College Street. He noted those routes are flexible at this time. Mr. Griffin stated the two main routes will probably be run about 7:30 a.m. and 7:45 a.m. and again around 4:30 p.m. and 4:45 p.m., with the shuttle running in mid-morning and mid-afternoon. Mr. Griffin indicated that city residents would be able to use the bus system, probably free for the first month or two, and then through a pass system or a fee system thereafter. He then stated the only help to be requested from the City during this pilot program is in establishing bus stops, probably six per route. Mr. Joe Armijo indicated the key to this pilot program is simplicity. He noted the $3.00 activity fee will generate $10,000 per month in revenues to operate the pilot bus system, which should provide adequate funding for 6,000 miles. He noted that Butte/Silver Bow has indicated it may accept $30,000 for the six buses; and the Department of Commerce has indicated the possi- bility of a matching grant for the purchase of those buses. Mr. Armijo then stated that the University will accept all responsibility for operation of the pilot bus system. Commissioner Jordan asked who would be responsible for the bus stop signing and striping. Mr. Griffin indicated that ASMSU will probably seek City cooperation in that process. Mr. Armijo stated that some Civil Engineering students have indicated interest in designing bus shelters, to be placed at City-approved bus stops, Mayor Mathre thanked Leif Griffin and Joe Armijo for their presentation. I Authorize City Mana er to enter into Engineerin , nc. , or water system Improvements City Manager Wysocki stated that Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan questioned whether this is an appropriate action at this time, since the City does not yet know if the bonds will be sold to provide financing for these projects. The City Manager stated that the City has sufficient monies from the 1982 water bonds 06-02-86 228 to cover the engineering costs. He noted that the engineering and design for these projects will take five to six months to complete; and if there are not sufficient monies to complete the projects after those documents are done, they can be put on a shelf for future use. Commissioner Martel asked if the monies from the 1982 water bond issue can be used in this manner. The City Manager stated that a list of eligible projects was developed during the recent PSC rate process; and the bond proceeds may be used for any of those projects, which include I the presedimentation pond and the Lyman Creek water supply. Commissioner Martel then asked how many firms submitted proposals for this project. City Manager Wysocki indicated that six firms submitted proposals, noting five of those were from within the state. He noted that a committee comprised of various staff members re- viewed the proposals and recommended that Sanderson/Stewart/Gaston be selected. The City Manager then indicated that the scope of the project has not yet been determined; therefore the agreement has not yet been prepared. He stated that once the agreement has been finalized, he will submit it to the Commission for authorization to sign. It was moved by Commissioner Jordan, seconded by Commissioner Martel, that the Commission authorize and direct the City Manager to proceed with development of an agreement with Sanderson/ Stewart/Gaston Engineering, Inc., for engineering and design of the presedimentation pond and improvements to the Lyman Creek water supply. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. for Professional En Services for 1986 City Manager Wysocki stated that Commissioner Martel had requested this item be removed from the Consent Items. Commissioner Martel asked how many firms responded to the request for proposals for this project. I The City Manager indicated that both this and the above project were advertised together; and the bidders responded to both In their proposals. Commissioner Stiff asked about the costs for the engineering design. City Attorney Crumbaker-Smith noted the fee schedule is contained within the agreement, but it is split into three separate sections which must be added together. She noted two of the fees are static, but one is a variable which can change for each parcel of property. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission authorize the City Manager to sign the agreement with Morrison-Maierle, Inc., for pro- fessional engineering services for the 1986 Sidewalk Program. The motion carried by the follow- ing 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. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the speech from the Houston economic development seminar, as submitted by Commissioner Stiff. (2) A letter from the Center for Improvement of Public Management asking if anyone is interested in attending this year's session. (3) A copy of the letter from Mayor Mathre to Montana's delegation in Washington, D. C. , re Revenue Sharing. I (4) Minutes from the Pedestrian/Traffic Safety Commission for meetings held in November 1985 through March 1986. (5) Mayor Mathre noted that copies of the Local Government Study Commission's final report have been submitted to the Commissioners. She noted the City now has one year in which to respond to the report, requesting that it be placed on the agenda around September 1, 1986 for discussion. 06-02-86 229 Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II Authorize Call for Bids - construction of SID Nos. 649, 650 and 651 - located in a portion of Annie Subdivision, First Filin Request or waiver 0 t e open container ordinance - a atln Empire Lions Club - Fairgrounds - Sunday, June 15, 4:00 p.m. to 9:00 p.m. (CNFR barbecue) Request for waiver of the open container ordinance - Sweet Pea Triathlon - I Cooper Park - Saturday, July 26, 10:00 a.m. to 3:00 p.m. Claims It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the Consent Items as listed above and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Recess - 3:45 p.m. Mayor Mathre declared a recess at 3:45 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. Conditional c/o This was the time and place set for the public hearing on the Conditional Use Permit re- quested by t~e Gallatin County Association for Retarded Citizens, c/o Reach, Inc., to allow a group home for the developmentally disabled on Lot 1, Block 5, of Brunton-Palffy Rearrangement I of Durston's Subdivision. This site is more generally known as being located at 916 West Villard Street. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated that Reach, I nc. , recently relocated one of its group homes to this location without realizing that a Conditional Use Permit was necessary and are now trying to bring this use into compliance with the Zone Code. She noted that up to eight developmentally disabled persons will live in this structure, with two staff members being present during the day and at least one staff member being present at night. She indicated that transportation to and from the residence will be via a van which is shared with other group homes. The Assistant Planner then stated that the applicant has received a variance from the Board of Adjustment to allow for a three-foot sidewalk between the parking area and the bui Iding, as well as to allow backing from the parking stalls onto the public rights-of-way. She noted one parking space will be provided in the driveway; and two parking spaces will be provided in the side yard with access from the alley. The Assistant Planner then stated that the Zoning Commission reviewed the application and recommended approval, subject to five conditions. Mr. Robert Tallon, Executive Director of Reach, I nc., stated they have two group homes, a transitional facility and a work facility. He noted the subject group home was recently re- located from 503 North 9th Avenue to the subject location, Mayor Mathre asked Mr. Tallon if he agrees to all of the conditions recommended by the I Zoning Commission; and Mr. Tallon indicated that he does. Mrs. Marge Fehrer, President of the Gallatin County Association for Retarded Citizens, indicated support for what Mr. Tallon had stated. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the customary one-week waiting interval be waived. 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. 06-02-86 230 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by the Gallatin County Association for Retarded Citizens to allow a group home for the developmentally disabled on Lot 1, Block 5, Brunton- Palffy Rearrangement of Durston's Subdivision, subject to the conditions recommended by the Zoning Commission as follows: 1. The final site plan shall include: notation regarding the surface material of the parking areas; a paving detail/section of the surfacing materials for the additional parking spaces; dimension of width of off-street park- I ing spaces; location and elevations of garbage enclosure; and correct location of rear setback line. 2. The applicant shall submit plans for compliance with UBC requirements for basement fire exits to the Building Official for review and approval. Copies of such plans shall be attached to the final site plan prior to their approval. 3. The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to in- stallation of the improvements, it must be secured by a method of security equal to one and one-half (1 i) times the amount of the cost of the scheduled improvements and their installation. Detail cost estimates, construction plans and methods of security shall be made a part of that agreement. 4. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to issuance of a Building Permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 5. All on-site improvements shall be completed within three months of approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to I the City Commission for their action. If all required conditions have been satisfied, the permit wi II be permanently granted. 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. Commissioner Martel noted the applicant has requested that the fee for this Conditional Use Permit be waived. He indicated that he is inclined to waive the fee or reduce it to cover only the costs of advertising. Commissioner Vant Hull indicated she would be willing to approve the request since this is a nonprofit organization which is renting the facility; and therefore indirectly pays taxes, unlike nonprofits owning property who pay no taxes. Commissioner Jordan asked what the application fee covers; and Planning Director Lere stated it covers about one-third of the costs of review and advertising. The Commissioner then noted that several nonprofit organizations seek Conditional Use Permits; and he does not feel the City can afford to waive the fees for nonprofit organizations. City Manager Wysocki cautioned the Commission that there is no provision in the Zone Code for waiver of the application fee, recommending that the fee not be waived in this or any other instance. Mayor Mathre stated that she cannot support waiver of the fee since there is no mechanism provided in the Zone Code. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- I sion waive the $220.00 application fee for this Conditional Use Permit, as requested by Reach, Inc. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Commissioner Vant Hull; those voting No being Commissioner Jordan, Commissioner Stiff and Mayor Mathre. Public hearin _ Zone Code Amendment - amend Section 18.06.050 of the Bozeman Municipa I Code to comp y with the amendment procedures outline In ection 18.68 This was the time and place set for the public hearing on the Zone Code Amendment 06-02-86 -----_._._.~ 231 submitted by the Planning Staff to amend Section 18.06.050 of the Bozeman Municipal Code to comply with the amendment procedures outlined in Section 18.68. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated the Zone Code Amendment would amend Section 18.06.050 of the Bozeman Municipal Code to clarify the language so it complies with the procedures outlined in Section 18.68. She noted this is the result of a I recent request to the Commission to interpret that a garbage transfer station is similar to the listed permitted uses in the M-l District, and upon which the Commission took action. She noted that this amendment would be basically the same as the existing code but would divide requests into two categories, those which would be interpreted to be the same as a listed permitted or conditional use and those which do not fit any of the listed uses. She noted those which do not fit the listed permitted or conditional uses could then go through the Zone Code Amendment process, which is outlined in Section 18.68. The Assistant Planner noted that the Zone Code is prescriptive, allowing only those uses specifically listed for each zoning district. She indicated that the Commission would still have the authority to interpret a proposed use as being the same as a listed use; however, it would require any use not so interpreted to complete the regular review process prior to being added to the Code. She then stated that the Zoning Commission reviewed this Amendment and recommended approval. Commissioner Martel expressed concern that this proposed Amendment would remove some of the Commission's authority to interpret. City Manager Wysocki stated that the Commission's authority for interpretation of the Zone Code is established in the State Statute. He noted that the Statute does not allow the Commis- sion to add to the list of permitted or conditional uses without completing the proper process, however. Mayor Mathre noted that the Zone Code does contain four criteria for determining whether a proposed use is the same as or is similar to a listed use. She stated that during discussion I in the cited case, she returned several times to those criteria and had difficulty in eliciting comparisons. Planning Director Lere noted that, in the instance of the transfer station, that use could probably be construed as being similar to a listed permitted use; but it could not be compared to any conditional use in the M-l District. He noted that, as a result, the use must be added to the Zone Code through the Amendment process rather than simply through Commission action. 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 Vant Hull, seconded by Commissioner Jordan, that the Commis- sion waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Zone Code Amendment requested by the Planning Staff to amend Section 18.06.050 of the Bozeman Municipal Code to comply with the amendment procedures outlined in Section 18.68. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No being Commissioner Martel. Public hearin - Zone Code Amendment - chan e the text of Section 18.52. 140-N of the Bozeman ode to allow garbage trans er stations as a conditional use in the -1 istrict I This was the time and place set for the public hearing on the Zone Code Amendment re- quested by the Planning Staff to change the text of Section 18.52.140-N of the Bozeman Municipal Code to allow garbage transfer stations as a conditional use in the M-l District. Mayor Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted that in April the Commission took action on a request to interpret the Zone Code to allow garbage transfer stations as a permitted use in the M-l District by voting to allow enclosed garbage transfer stations as a conditional use in the M-l District. She noted that action circumvented the appropriate 06-02-86 232 process; therefore, this request is now being considered. The Assistant Planner stated that the Planning Staff and the Zoning Commission reviewed this Amendment without prejudice for the previous Commission action. She indicated that the staff and the Zoning Commission did not assume any specific form for a garbage transfer station, noting it can range from dumping garbage from a truck on the ground, and then using a front end loader to pick the garbage up and dump it into another truck, to a highly sophisticated and sterile technology contained in a nice structure. I The Assistant Planner then stated that the Department of Health and Environmental Sciences is charged with regulating solid waste management systems, including garbage transfer stations; but they have no definition for a garbage transfer station. She also noted that such facilities are required to have a solid waste management plan, but there are no specific re- quirements for that plan or for review of the plan. Assistant Planner Elkins stated that the proposed use is inappropriate in an area adja- cent to residential uses as well as some of the permitted uses listed in the M-1 District. She also noted that some of the M-l areas I ie adjacent to major thoroughfares, and the Planning Staff and the Zoning Commission feel that garbage transfer stations would have a detrimental impact in those areas. The Assistant Planner then stated that the Zoning Commission feels that garbage transfer stations would be more appropriate in the M-2 District; and therefore recommended denial of this Zone Code Amendment. Commissioner Vant Hull asked if the firm which originally sought interpretation of this item could seek a rezoning for their site if garbage transfer stations are allowed in the M-2 District. Assistant Planner Elkins stated that a rezoning would entail going through a Master Plan Amendment, as well as the Zone Map Change process and the Conditional Use Permit process, which would probably take until the end of the summer to complete. She then indicated that the original applicant has asked if he could process an application for a garbage transfer station in the M-2 District at the same time a Zone Code Amendment is being processed to allow them in the M-2 District. I Commissioner Martel noted that some of the reasons cited for this use being objectionable in the M-l District, including smell, noise, dirt and attraction of flies, could also be ob- jectionable to other uses in the M-2 District. He also indicated that he does not feel it really makes any difference whether the use is allowed as a conditional use in the M-l or the M-2 District since each case will be reviewed. He then noted that this industry is in a state of flux, with many technological changes being made. No one was present to speak in support of or in OPPosition to this Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion deny the Zone Code Amendment to change the text of Section 18.52. 140-N of the Bozeman Municipal Code to allow garbage transfer stations as a conditional use in the M-1 District, and direct the Planning Staff to prepare a Zone Code Amendment to allow garbage transfer stations as a conditional use in the M-2 District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Vant Hull and Commissioner Martel. Discussion - late FYI Item I City Manager Wysocki stated that following the afternoon session, he received a telephone call from Mr. Rob Gilmore, consultant working on an application for funding for the Tech Park, indicating that the Clty's economic development plan must be updated. He noted that Gallatin, Park and Meagher Counties would be included in the plan, with each County being asked to provide $2,000 in funding for the project. The City Manager stated that the City of Bozeman will be requested to pay approximately $1,000 of Gallatin County's portion, noting that Bozeman will probably be the only City to participate in funding for the plan. 06-02-86 233 The City Manager stated that the City has an old Overall Economic Development Plan, which could easily be updated. He noted that to qualify for any EDA funding, an updated plan is necessary. Assistant Planner Elkins noted that the information which would be provided in an up- dated economic development plan would be useful, noting it could be used in other applications. City Manager Wysocki indicated this item will be placed on an agenda in the near future I for action. Adjournment - 8:10 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 ATTEST: Clerk of the Commission I I 06-02-86