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HomeMy WebLinkAbout1986-11-03 467 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 3, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 3, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of October 27, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Recognition of Guest Mayor Mathre noted this is Agriculture Appreciation Week for the Chamber of Commerce; and Mr. Bill Kimm is present at this meeting as her guest. She stated that on Friday, she wi II spend the day working at his potato farm near Manhattan. Proposal for naming of cross country skiing/running and jogging trail City Manager Wysocki stated that the Big Sky Wind Drinkers Club has submitted a pro- posal for naming of the cross country skiing/running and jogging trail, a portion of which lies in Lindley Park and Sunset Hills Cemetery. He noted this request has been before the Recreation Advisory Board; and they have submitted a recommendation that the Commission approve the name "Highland Ridge Trail." The City Manager then concurred in that recommendation. I Ms. Jenny Mitchell, Big Sky Wind Drinkers, stated the club has built a sign for the trail, to include the name and a map. She noted that the sign will be erected at the Recreation Complex and will show which trails are for running, skiing or a combination thereof. Ms. Mitchell stated that the proposed name describes the area in which it is located, noting that it runs through the Recreation Complex, Lindley Park, the cemetery, Peets' Hill, Hillcrest and the hospital property; but it does not give the connotation of being available for only one specific use. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the name "Highland Ridge Trail" for the cross country skiing/running and jogging trail located in the southeast sector of the community. 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. Pro~osal for installation of lights in Lindley Park for cross country skiing as submitted by the Bri ger Nordic Ski Club City Manager Wysocki presented to the Commission a memo from the Recreation Advisory Board concerning this item. Mr. Bill Murdock, Bridger Nordic Ski Club, stated the Club wishes to install lights in Lindley Park so that people can go cross country skiing in the evening hours. He stated that the Club has worked closely with the City staff in developing a proposal. He then submitted a map showing the trail and the placement of the lighting fixtures. Mr. Murdock noted that the I lights will be mounted on four-foot poles which can be removed and a plate placed at ground level during the summer so the park can still be used for its usual summer activities. He also indicated the lights could be made available during the summer for special events, such as Sweet Pea. Mr. Murdock then stated that the three lights to be located near the two ponds along the west side of the park will be mounted on taller poles and will be considered area lights, with larger bulbs than the lower lights. He noted the City will be responsible for funding of those costs; and the Club will bear the costs of purchasing the thirty-three lower fixtures as 11-03-86 46b well as installation of the enti re system. He also stated the Club will pay the energy costs, which are estimated at $200 to $250 per year. He then indicated that the system will be on a locked timer system; and the Club will set those timers at the City's direction. Commissioner Martel asked if the four-foot poles will provide adequate lighting. Mr. Murdock noted that the Club plans to use forty or fifty watt bulbs, which should be adequate to illuminate the snow. He further indicated that the lights will be spread out further along the street, where some City lighting already exists; and the lights wi II be closer together I along the west side where it is darker. Mr. Murdock then indicated that this proposal is patterned after the existing cross-country ski trail in Whitefish, where they use 10-watt bulbs at 50-foot intervals on low poles. Commissioner Martel then expressed concern about a possible short in the plug in the ground pipe unless a water tight cap is used. Mr. Bill Murdock stated that a breaker system will be installed to address that potential problem; and a waterproof coupl ing system wi II be used. Commissioner Vant Hull asked if any of the property leased from the Milwaukee Railroad is involved in this proposal and whether that will create any problems. City Manager Wysocki stated that some of the leased area is involved; but it will create no problems. I n response to a question from Commissioner Martel, City Manager Wysocki stated that Section 12.28.010 of the Bozeman Municipal Code specifically states that Lindley Park is closed from one-half hour after sunset to one-half hour before sunrise, but provides for written per- mission to enter and remain in the park from the City Manager or his authorized agent. The City Manager suggested that written permission could be granted for cross country skiing if the Commission is interested. He then indicated the City staff is interested in the proposal, since it would provide additional lighting in an area where it is needed. He then suggested that the timers be initially set to turn the lights off at 9:00 p.m., with possible adjustments to that time if the neighbors begin to submit complaints. Commissioner Stiff expressed concern about the vandalism which has taken place in the I cemetery and asked if the installation of lights in Lindley Park might increase that problem. The City Manager stated he does not feel that the installation of lights will have any effect on the amount of vandalism in the cemetery. Commissioner Stiff then asked if the caps for the light poles will create any problems for summer activities, such as touch football, expressing concern about any additional liability. City Manager Wysocki stated the caps will be recessed, so they will create no problems. Mr. Cliff Montagne, Bridger Nordic Ski Club, stated that, in addition to the benefits this lighting would provide for area residents, it may help in the Chamber of Commerce's request for designation of Bozeman as a nordic ski training center. Mr. Mike Wells, Bridger Nordic Ski Club, encouraged the Commission to support the proposal, reminding them that the Club will bear most of the costs involved. The City Manager concurred in the Recreation Advisory Board's recommendation that the Commission accept the proposal submitted by the Bridger Nordic Ski Club and direct the Club to work closely with the City staff on the installation of lights in Lindley Park. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission accept the proposal submitted by the Bridger Nordic Ski Club for installation of lights in Lindley Park, instructing the Club to work closely with the City staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. to Reach, I nc.; Warrant Deed I City Manager Wysocki presented to the Commission copies of the Warranty Deeds to transfer specified properties to Reach, Inc., and the Battered Women's Network. He noted that City Attorney Becker reviewed the deeds this morning and has suggested that the five conditions contained in the original lease agreements should be included in the warranty deeds as well. 11-03-86 469 City Attorney Becker reviewed the conditions contained in the original lease agreements, which are as follows: 1. That Reach, Inc., shall use the property solely for the purpose of providing a housing facility for developmentally disabled adults; and the Battered Women's Network shall use the property solely for the purpose of providing a shelter facility for battered women, as outlined in their grant proposals to the City Commission. I 2. That Reach, Inc., and the Battered Women's Network shall maintain full replacement cost insurance on the properties for as long as they occupy the subject properties. 3. That Reach, Inc., and the Battered Women's Network shall not take any action to take the respective properties off the tax rolls of Gallatin County for as long as they occupy the real properties. 4. That Reach, Inc., and the Battered Women's Network shall not transfer, mortgage, sell or otherwise encumber the respective properties without the consent of the City. 5. That Reach, Inc., and the Battered Women's Network agree that if the respective properties are not used for the purposes stated, then the real properties shall revert back to the City. The City Attorney then stated he feels those same conditions should be included in the deeds, as previously negotiated. City Manager Wysocki reminded the Commission that these two properties were originally purchased with Community Development Block Grant monies. He then stated that the Department of Finance has reviewed the financial statements for the two entities, as required under the Lease and Agreement for each property, and has determined both of them to be financially sou nd . The City Manager recommended that the Commission authorize the Mayor to sign the two Warranty Deeds, transferring ownership of the properties since the various conditions have been met. Commissioner Vant Hull reiterated her concern about requiring the poorer nonprofit organizations to pay property taxes while the richer nonprofit organizations usually pay no I property taxes because they own the real estate and are exempt from paying taxes. She then suggested that a condition be negotiated or left open for negotiation, since neither of these organizations has any excess monies. She also suggested the possibility of charging for city services only, rather than assessing property taxes. City Attorney Becker stated that the nonprofit organization is usually the entity which initiates a petition for exemption from property taxes; and signing the Warranty Deeds with the five conditions as stated would not preclude that action if the Commission wishes to negotiate. Mayor Mathre reminded the Commission that the initial discussions on the leases for these facilities were dOl"!e with the understanding that the two nonprofit organizations would pay the taxes on the real properties. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission authorize the Mayor to sign the Warranty Deed to transfer property from the City to Reach, Inc., and the Warranty Deed to transfer property from the City to the Battered Women's Network, as revised to include the five conditions listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Commissioner Martel; those voting No, none. Mayor Mathre abstained because she is on the Board of Directors for the Battered Women's Network. Ordinance No. 1222 - Zone Code Amendment - add Chapter 18.57 to the Bozeman Municipal Code to provide for clustered lot development I City Manager Wysocki presented Ordinance No. 1222, entitled: ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE BY INSERTING A NEW CHAPTER 18.57, PROVIDING FOR CLUSTERED LOT DE- VELOPMENT IN THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki reminded the Commission that they had conducted the public hearing on this Zone Code Amendment on December 2, 1985 and subsequently approved the amendment. He noted the Commission had provisionally adopted this Ordinance at their regular meeting of 11-03-86 it "lD October 20, 1986. He then recommended that the Commission finally adopt Ordinance No. 1222. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1222, adding Chapter 18.57 to the Bozeman Municipal Code to provide for clustered lot development. 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. Claims I City Manager Wysocki stated that, due to technical problems with the computer, the claims listing for this week's meeting has not yet been run. He then requested that action on this item be deferred until the evening session. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from Rolf Groseth, Associate Dean of Students at MSU, which resulted from several meetings between the City and the student affairs group at MSU in an attempt to develop guidelines under which fraternal organizations are to operate. He indicated that this process will be closely watched to determine whether it is effective. He noted that the campus police will be first to respond to any incidents, with the City police serving as back-up. He a I so stated that the various fraternities and sororities are to approach neighbors to explain the new guidelines. (2) A reminder of holidays--this Tuesday is Election Day and next Tuesday is Veteran's Day. (3) Commissioner Martel noted that a large number of yard sale and garage sale signs have been posted on public property, such as light poles and sign posts, and on public rights- of-way. He also noted the addition of political signs, and suggested that the item be addressed, possibly through the police patrols. I (4) Commissioner Martel asked when review of the snow removal ordinance will be placed on the agenda for discussion, noting it was to be brought back before the snow flies. Mayor Mathre requested that this item be placed on the agenda for discussion. (5) Mayor Mathre noted that two years ago, following the election, the City officials met with legislators at a dinner to discuss the upcoming legislative program. She also noted that Alec Hansen was present at the meeting two years ago; and scheduling may depend on him. Break - 3:00 to 3:10 p.m. Mayor Mathre declared a break from 3:00 p.m. to 3:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Executive Session - re litigation At 3:10 p.m., it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that an executive session of the Commission be called for the purpose of discussing litigation matters, and that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker, Acting City Attorneys Planalp and Black, and the Clerk be requested to leave the room. 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. Mayor Mathre declared the executive session of the Commission closed at 3: 35 p.m., and reconvened the meeting. I Recess - 3:35 p.m. Mayor Mathre declared a recess at 3:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. 11-03-86 ---~- 471 Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Continued public hearing - Conditional Use Permit - Lewis and Clark Family Restaurant, Inc. - allow a bar to be located in the lower level of the Lewis and Clark Motel (804 West Main Street) I This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Lewis and Clark Family Restaurant, Inc., 804 West Main Street, to allow a bar to be located in the lower level. Mayor Mathre opened the continued public hearing. City Manager Wysocki stated that the Zoning Commission had considered this item at its meeting of October 28, 1986; but continued the public hearing to obtain additional information. He then recommended that the Commission continue this continued public hearing until the Zoning Commission has submitted a recommendation. Mayor Mathre continued the public hearing until such time as a recommendation is received from the Zoning Commission. . . of eet This was the time and place set for the public hearing on the Zone Code Amendment requested by the City-County Planning Staff to require the provision of a 25-foot setback along all the property lines abutting the City's linear park, measured from H feet from the centerline along the entire length. Mayor Mathre opened the public hearing. Senior Planner Marcia Elkins presented the Staff Report. She stated the proposed Zone Code Amendment would provide a 25-foot setback from the boundary of the 15-foot-wide linear park, extending from the intersection of South Church Avenue and East Story Street to the inter- I section of Kagy Boulevard and South Third Avenue. She noted that the linear park ranges from 15 feet to 50 feet in width and crosses numerous zoning districts. The Recreation Advisory Board and the City-County Planning Board have both expressed concern about development of the park and adjacent properties, particularly since an 8-foot chain link fence was erected along 950 feet of the linear park. She then reminded the Commission that interim zoning was enacted to avoid such additional development of private properties along the linear park until the matter could be reviewed. The Senior Planner stated that the staff reviewed several options for limiting the impact of development along the linear park, with this proposal being the most feasible. She noted that with the linear park, the back yards now front on public property; and the impacts must be carefully considered. She stated the proposed Zone Code Amendment would incorporate some of the requirements for front yard setbacks, including a height restriction of four feet for fences and hedges as well as a restriction on the construction of buildings within the 25-foot setback. The Senior Planner stated that these restrictions would preserve a 65-foot-wide corridor along the linear park while affecting the adjoining property owners as little as possible. She noted that a review of the subject area revealed that eight fences would not meet the height restrictions and four structures are located within the proposed 25-foot setback. Senior Planner Elkins then stated the Zoning Commission considered this Zone Code Amendment and recommended approval. Commissioner Martel asked why the adjacent property owners were not individually I notified about this public hearing. The Senior Planner reminded the Commissioner that this is a Zone Code Amendment. She stated the notice was published in the newspaper as required by the Bozeman Municipal Code; but notices were not mailed to the adjacent property owners because it was not required. She further noted that several newspaper articles concerning this proposed zoning have been run. Commissioner Vant Hull asked why the proposed zoning would apply to only the abandoned railroad right-of-way portion of the trail rather than including the Sourdough Trail as well. Senior Planner Elkins stated that zoning along the Sourdough Trail has never been considered, except during the interim zoning regulations. 11-03-86 472- Commissioner Stiff noted that if the adjacent property owner decided to purchase the 17i- feet of right-of-way available, this proposed Zone Code Amendment would still extend 7} feet into what was the rear yard previously. The Senior Planner indicated that is correct. Mayor Mathre asked about side or rear yard setbacks under the existing Zone Code. The Senior Planner stated that in most districts along the linear park the rear yard setback is 20 feet; however, accessory structures are allowed in the rear yard setbacks as well as 8-foot-high fences. I Mr. Cliff Montagne stated he is a frequent user of the linear park; and he feels the aesthetics of that area should be maintained. Mr. Jody May, 1219 South Tracy Avenue, stated he is an adjacent property owner. He noted that the City assumed responsibility for the linear park when it decided to purchase the abandoned railroad right-of-way for that purpose. He also noted that the adjacent property owners also have a responsibility to make sure that anything they do on their property does not adversely affect the neighbors. Mr. May then stated he is in favor of some sort of zoning that establishes a setback from the linear park. Mr. Carroll Henderson stated he owns the tract of land which lies west of the linear park between East Garfield Street and East Grant Street. He then indicated that he supports the Zone Code Amendment; however, he does have a problem with the interim zoning, which requires any development along the linear park to go through the Conditional Use Permit process. Mr. Henderson then stated he wishes to construct a two-rail four-foot-high fence along his property line to stop vandalism on his property; and he would like to construct that fence this fall. He then requested that the Commission take whatever action is necessary to allow him to proceed with construction of the fence, noting that time is important since winter is almost upon us. Mr. Don McLaughlin, member of the City-County Planning Board, noted that the issue of setbacks for the linear park is important in the Master Plan. He also noted that setbacks are used in all zoning districts; and this proposal simply utilizes what already exists in the Zone Code. I Mr. Ron Newville, 1536 South Grand Avenue, stated he has lived at that address for the past seventeen years. He then reviewed the history of the abandonment of the railroad right- of-way, indicating that the area residents have not been kept informed of the various activities until after they have taken place. He then stated the City has numerous parks which are totally undeveloped; and he is opposed to the purchase or development of the linear park. Mr. Newville then stated that the linear park causes joggers to run across the busiest street in Bozeman; and the park ends at Kagy Boulevard. He indicated the adjacent property owners from South Willson Avenue to Kagy Boulevard have not been treated fairly. He then noted that many of the residents are not aware of this public hearing because they were not notified and requested that the public hearing be continued to allow them an opportunity to address the Commission. Mrs. Jeanine Newville, 1536 South Grand Avenue, asked about the existing structures which do not meet the Zone Code Amendment if it is adopted. Mayor Mathre indicated those items will be grandfathered in. Mr. Walt Metier, 1013 South Bozeman Avenue, stated he purchased the additional right- of-way when it became available. He noted that he had bought the property to expand his rear yard; however, with easements to the City, Montana Power and Mountain Bell, as well as the regulations under this proposed Amendment, he will still not be able to build on the property. He then noted that he paid $632 for the additional land; but his recent tax statement values that parcel at $5,600, which is the basis for his taxes. Mr. Jody May expressed concern that this issue is becoming polarized; and he does not I feel that wi II benefit anyone. He then suggested the Commission may wish to consider a compromise that would more nearly satisfy those involved. City Manager Wysocki noted the Recreation Advisory Board has submitted a recommendation that the Rotary Club be allowed to complete specific safety-related activities, such as removing large rocks, installation of planks between the ties on the bridges and possibly installation of handrails along the bridges. He suggested the Commission may wish to give consideration to that item following a decision on the Zone Code Amendment. 11-03-86 473 Commissioner Stiff stated he would like additional information on the valuation of the property and associated taxes, noting concern about imposing a restriction on use of the property in addition to what appears to be a large taxation. Mr. Carroll Henderson stated that the valuation on the portion of right-of-way which he purchased is 300 percent of the amount he paid for the land. He stated that he appeared before the Tax Appeals Board and was turned down. He noted they indicated the tax table is set so I that the first amount of square footage is taxed at a higher rate, with subsequent incremental square footages taxed at reduced rates. He then indicated that the additional right-of-way purchased is considered a separate parcel; and, therefore, the parcel is taxed at the highest amount because of the small square footage involved. Commissioner Martel indicated that he paid $648 for the property, with a market value of $1,742 listed on his tax notice. City Manager Wysocki suggested the Commission may wish to consider revising the Zone Code Amendment to allow some structures, such as garages, within the 25-foot setback. He then suggested the City may wish to pursue the possibility of erasing the line between the two parcels in a single action to make the purchased right-of-way a part of the entire lot. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the public hearing be continued until November 17, 1986. 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 Jordan raised a question about whether Commissioner Martel should vote on the Zone Code Amendment, suggesting he may have a financial interest in the issue. Commissioner Stiff stated concurrence with that matter. City Manager Wysocki asked if the Commission wishes to take action on the Rotary Club's offer to complete specific safety-related items along the linear park. He noted that the safety items should be done regardless of the manner in which the park is developed or used. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the City I staff be authorized and directed to work with the Rotary Club to accomplish some of the safety features necessary in the ultimate development of the linear park, such as removal of large rocks and installation of planking along the bridges. 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. Commissioner Vant Hull asked if the Commission wishes to address the request submitted by Mr. Carroll Henderson. Planning Director Lere reminded the Commission that the interim zoning is now in effect, requiring a Conditional Use Permit for any development along the linear park. He noted that until the emergency zoning lapses or another action is taken, the conditional use process must be followed. The Commission concurred that, although the proposed fence would meet the proposed Zone Code Amendment, the emergency zoning is in effect and must be observed. Claims City Manager Wysocki stated that a claims listing has not yet been printed off the computer. He then indicated that Sanderson/Stewart/Gaston Engineering, Inc., has requested that its claim in the amount of $67,837.00 for engineering services for SID Nos. 649, 650 and 651 be paid at this time rather than in the claims listing next week. He recommended that the Commission authorize payment of this one claim. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the I Commission approve payment of the claim in the amount of $67,837.00 to Sanderson/ Stewart/Gaston Engineering, Inc., and direct the Director of Finance to pay said claim. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Adjournment - 8:15 p.m. There being no further business to come before the Commission, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by 11-03-86 4 71~ 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 I 11-03-86