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HomeMy WebLinkAbout1986-11-17 481 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 17, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 17,1986, 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. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of November 10, 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. Authorize City Manager to sign - Agreement for the Aaker Annexation City Manager Wysocki reminded the Commission that a number of adjustments have been made in the size of the Aaker Annexation since it was originally discussed approximately three years ago. He also reminded the Commission that the annexation policy was recently changed to provide that the amount for water rights for churches would be based on an R-1 zoning, since churches are allowed in any district. The City Manager stated that the annexation now contains a 5. 038-acre tract owned by Ralph K. Aaker and Steven R. Aaker and a 2. 604-acre tract owned by Montana State University, providing a buffer strip for the Disease Control Center. He then I recommended that the Commission authorize him to sign the Annexation Agreement, contingent upon the other two parties completely executing the document, including submittal of the payment-in-lieu of water rights. Rev. Chris Blackmore, Evangelical Church, stated that the applicant has agreed to pay all of the cash-in-Iieu payment for water rights because Montana State University has indicated it will pay none of those costs. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize the City Manager to sign the Agreement for the Aaker Annexation, contingent upon the complete execution of documents by the Aakers and Montana State University. 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. Staff report - annexation request submitted by Philip Saccoccia - Tract 1, COS No. 1215 in the NWl, Section 1, T2S, RSE, MPM (40 acres located alon south side of Baxter Lane, just east of ort 1 th venue extended City Manager Wysocki reminded the Commission that they had received the request for annexation of the subject property on October 14, 1986. Senior Planner Marcia Elkins presented the Staff Report. She noted the subject tract is the missing part in the Tschache, Saccoccia and Perkins Annexation, which is currently in process. She stated that Mr. Saccoccia has exercised his option to purchase this 40. OO-acre tract from Mr. Peter K. Nelson on a contract for deed and now wishes to proceed with annexation. The Senior Planner stated that this tract will help to provide a more complete traffic circulation I pattern within this portion of the city. Senior Planner Elkins then indicated that Mr. Saccoccia has requested a change in the Master Plan designation, to include 5.9 acres of highway commercial and 7.82 acres of light industrial, with the remaining property remaining in the medium-density residential land use designation. She noted the Planning Board has considered that request and concurred in the staff's recommendation that the application be tabled until after the Master Plan update has been completed. She stated the Planning Staff also recommends that the relationship between 11-17-86 482 development of this tract and the improvement of transportation facilities be specified in the annexation agreement. The Senior Planner then reviewed the various goals and policies for annexation as set forth in Commission Resolution No. 2617, noting that the subject application meets a majority of those points. She then recommended that the Commission authorize the staff to proceed with this annexation, contingent upon execution of the annexation agreement and final annexation of the 140-acre tract currently under consideration and action on the Master Plan Amendment. I Commissioner Martel asked if the Planning Staff plans to have the update completed by the end of the year. Senior Planner Elkins stated that Mike Money had been working on that item; however, due to termination of one staff member, he has been devoting most of his time to the Community Development Block Grant program. Commissioner Vant Hull asked if approval of this annexation, as well as the other annexation in process, would lead to the conclusion that the City would be agreeing to future Special Improvement Districts. The Senior Planner stated it would not. She then noted that having the waivers of protest for the creation of Special Improvement Districts provides a guarantee to the City that there is a mechanism for financing the improvements which may become necessary as a result of development on the property which has been annexed. She noted that whether 51 D's are used as the financing mechanism is a decision to be made by the City. City Manager Wysocki suggested that the annexation agreement could contain wording that would indicate "... or another acceptable method of financing to the City." He also suggested the City may wish to indicate that it does not intend to back the 51 D bonds with the SID Revolving Fund. The City Manager then noted the decision before the Commission today is whether or not to proceed with annexation of the subject 40-acre tract. He reminded the Commission that a public hearing will be held before annexation as well as development of an annexation agreement. Commissioner Stiff noted that this 40-acre parcel, as well as the adjoining 140 acres I which are in the process of being annexed, total 180 acres of undeveloped land. He then as ked if someone is keeping track of how much impact development of this land will have on the capacity of the existing water treatment and waste water treatment plants. City Manager Wysocki stated that the subject properties lie within the sewer service area. He then noted that if all properties within that area were developed to maximum density, the waste water treatment plant would require expansion. He then reminded the Commission that the waste water treatment plant has the capacity to service 36,000 persons; and it currently can handle 12,000 to 14,000 more persons. He then noted that when the plant reaches a specific percentage of capacity, the City will be required to begin planning for the needed expansion. Commissioner Stiff then expressed concern about requiring the extension of police and fire services to include the 180 acres, questioning whether the existing services could be spread that much further without incurring problems. The City Manager noted that as development occurs, the police and fire services will stretch further. He then stated that to require up-front monies to provide police and fire services would restrict expansion of the city because there are already several up-front costs involved. Mayor Mathre stated she is still interested in the possibility of implementing a sewer hookup fee. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering, Inc., engineer for the project, stated that Mr. Saccoccia has exercised his option to purchase the subject 40-acre tract and has subsequently submitted his application for annexation. He then noted that annexation of this I property will provide the remainder of the right-of-way for North 19th Avenue as well as the rerouting of Baxter Lane, noting that acquisition of the right-of-way will provide a stronger argument for the proposed interchange. Mr. Kinshella then stated that, if possible, the applicant would like to proceed with the annexation, completing it at the same time as the remaining 140 acres or as shortly after that annexation as possible. He noted that if, for any reason, the applicants withdraw their request to annex the 140 acres currently in process, this application will be withdrawn at the same time. 11-17-86 483 City Manager Wysocki recommended that the Commission authorize and direct the staff to proceed with the annexation process, with annexation being contingent upon annexation of the adjacent properties. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission authorize and direct the staff to proceed with the annexation process, with final annexation of this 40-acre tract being contingent upon final annexation of the adjacent 140 I acres. 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. Break - 3:00 to 3:05 p.m. Mayor Mathre declared a break from 3:00 p.m. to 3:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - proposed revisions to the City's driveway approach policy City Manager Wysocki presented to the Commission a copy of the existing policy as well as a copy of the proposed revisions. as prepared by former City Engineer Neil Mann. Director of Public Service Holmes noted that the existing policy is one page and contains several areas where individual opinions become involved. He then indicated that many people don't know the guidelines when they request a driveway approach; and the new revised policy provides a more complete list of guidelines. The Director of Public Service stated that Mr. Mann attempted to clarify the problem areas and provide diagrams along with the guidelines. He then indicated that some revisions have been made, including a change in the radii for residential as well as commercial uses and a change in the throat width allowed for commercial uses, but most of the policy remains the same. Commissioner Martel asked if the increase in the radii, especially for residential uses, would create problems in areas where the public right-of-way is less than 11 feet from the back I of the curb. The Director of Public Service stated there are very few areas where the right-of-way is less than 11 feet from the back of the curb; and exceptions could be made in those areas. Commissioner Martel then questioned the need for increasing the radii for commercial uses as well as the decrease in throat width from 40 feet to 30 feet. Director of Public Service Dick Holmes stated that the increased radii will make it easier for large trucks. He then noted that a 40-foot-wide curb cut allows for abuse; and a 30-foot-wide curb cut is adequate for the large trucks. He reminded the Commissioners that the streets are only 37 feet wide. The Director of Public Service then stated that the proposed driveway approach policy is patterned after national guidelines and policies. He noted that Mr. Mann also used urban design standards as well as state publications. Commissioner Martel noted that no provision has been made for a fee structure in the guidelines, although a recommendation for a permit fee has been included in the cover memo. Director of Public Service Holmes stated that the Commission must address that issue and establ ish a fee structure. He then noted that if this Commission approves the proposed policy, it must go through the appropriate procedure to be included in the subdivision and the zoning regulations, or possibly both. The Commission stated concurrence with the proposed driveway approach policy and directed the staff to proceed with the necessary actions for adoption. I Discussion - Final Report submitted by the Bozeman Local Government Study Commission City Manager Wysocki stated that Mrs. Beverly Knapp, Chairman, and Mr. James Goehrung are present to discuss this final report. Mayor Mathre reminded the Commission that the local government must respond to the study commission's recommendations within one year under the State Statutes. She then suggested that the study commission members review each recommendation contained in the supplementary report, I isted below. Mrs. Beverly Knapp stated that the recommendations have been signed by those members 11-1 7 -8 6 48't of the study commission that supported them. She noted the first nine have been signed by four members, while the final three recommendations have been signed by one member of the study commission. She and Mr. Goehrung then gave brief comments on each of the recommenda- tions, as follows. 1. That the City by 1989 appoint and provide necessary funding for a study group to investigate the possibility of a ballot issue proposing self-government powers for the City. Mrs. Knapp stated the study commission recognized that the legislature has made several changes in the past few years and anticipated that additional changes would be made during the I next legislative session. She noted they also recognized the fact that the issue of self- government powers was placed on the ballot a couple of years ago and was defeated. She then indicated that if the legislature has not changed the laws substantially, the study commission feels the matter should be reviewed once again in 1989. Commissioner Vant Hull asked if members of this past study commission would be willing to serve on the committee; and Mrs. Knapp indicated some of them might be interested in seeking appointment to the committee. 2. The need for a personnel director. Mrs. Knapp stated that during interviews with some of the employees, various problems surfaced which they felt could have been avoided if the City had a personnel director. She noted some people feel that they are blocked from going to someone other than their immediate supervisors in an attempt to correct a situation; and having a personnel director may help to avoid that. City Manager Wysocki noted that sometimes the relationship between the employee and the immediate supervisor is where the problem lies. He stated that when the department head struc- ture was instituted a few years ago, the division heads were required to report to the depart- ment head rather than directly to the City Manager, which was not well accepted by some of the division heads. He noted that the City has 5 department heads and 21 division heads; and the change in structure helped to relieve the City Manager's time. The City Manager also noted that external situations and laws make the need for a I personnel director greater than it has been in the past. He then reminded the Commission that during the budgeting process he had indicated an interest in filling the open Assistant City Manager position with a half-time assistant/half-time personnel officer; and he still plans to fill the position in that manner. Commissioner Jordan stated he has seen department heads working closely with a personnel director; and that type of situation helps to strengthen the City's position in the case of a lawsuit. He noted that a personnel director takes time to complete the documentation that a department head may not have time to do. City Manager Wysocki noted that procedures are important and must be consistent. He also stated that items such as the questions to be asked during an interview are Important and can often be done improperly. Commissioner Stiff stated support for the City Manager's proposal, since it would result in no increase to the level of personnel. The Commissioner then raised the issue of a manage- ment audit, noting that the community expects the Commissioners to operate the City in the most efficient manner possible. 3. That the Clerk of the Commission maintain a record of matters of City business that could be dealt with more effectively if self-government powers were in place, as well as matters that would be negatively affected by self-government powers. Mrs. Knapp noted that information was gathered and has been filed from when the issue of self-government powers was previously considered; but additional information would be helpful in presenting reasons for supporting the issue. She then stated that if the Clerk I maintained a file, specifiC examples would be readily available. Commissioner Vant Hull suggested that this item be brought up in a staff meeting so that all department heads become involved in the process. Commissioner Jordan suggested talking to communities with self-government powers about the pros and cons of the system. Mayor Mathre noted that the previous committee did survey those communities and got some ideas; but the law is very ambiguous. 11-17-86 485 Mrs. Knapp noted that taxation is what people consider when the issue of self-government powers is discussed. She then stated the study commission had discussed possibilities, such as combining departments. 4. The need for long-range planning. Mrs. Knapp stated that the study commission recognizes the efforts of the Commission in the area of long-range planning; and this ,item was included only to recognize those efforts and I to encourage the Commission to continue. S. That the Commission and City Manager review annually the purpose and function of all advisory boards. Mayor Mathre asked why. Mr. James Goehrung stated that one of the questions raised was how many of the advisory boards are active and serve a purpose. He also noted the issue of possible duplication was discussed. Mr. Goehrung noted that sometimes new issues arise and a new board is created; but that issue may no longer exist. Commissioner Jordan noted that the Commission appoints the various boards and commissions but does not review their structure or purpose. He then suggested that the Commission should establish a policy on what they are trying to accomplish. He noted that the Commission changes every two years; and the philosophies may change as well. Commissioner Martel suggested the Commission may wish to establish limitations on the number of consecutive terms a persons may serve on a specific board, as well as a limitation on how many boards an individual may serve on concurrently. Mayor Mathre noted that review of the various boards and commissions when appointments are pending may encourage people to apply. 6. That the City Commissioners pursue and promote volunteerism among business and community groups. Mr. Goehrung stated that the study commissioners felt that the use of volunteers is a good way to instill community pride. He then noted that both direct and indirect possibilities I were discussed, such as the fund raising project for the Dolan sculpture, Peet's Hill, and a fund raiser in I ieu of the Graf parkland exchange, which was recently defeated. Mayor Mathre noted that government doesn't always tell people what it does, and in this instance doesn't let people know what volunteer opportunities are available within the City. Commissioner Vant Hull noted that the City may need to hire an individual to coordinate volunteer efforts. She then stated she feels the City Manager could deal with this item more appropriately than the Commission. City Manager Wysocki stated the City must be careful when deal ing with volunteers, especially in the areas of liability and worker's compensation. He also noted that an employer / employee relationship must be carefully avoided. Commissioner Martel noted that the library currently faces the problem of having too many volunteers; and that can create as many problems as not having enough. 7. That quarterly meetings be held, including division heads as well as the City Manager and Assistant City Manager. Mrs. Knapp stated that this recommendation may help to eliminate some of the problems discussed earlier in this agenda item. The City Manager stated that during the budgetary process, division heads are currently brought in to discuss the monies needed for their operations. He then indicated a willingness to hold meetings with the division heads at other times during the year. 8. Pursue interlocal agreement feasibility for street maintenance, solid waste collection and disposal, parks and playgrounds and recreation, law enforcement and fire protection, and I purchasing. Mrs. Beverly Knapp stated the interlocal agreements could be either city/city or city / county. Commissioner Martel suggested that the health department could be included, since it operates under an interlocal agreement. Commissioner Stiff stated this is another area in which a management audit could be effective. 11-17-86 48G 9. Institute and execute a goal planning and program evaluation program on an annual or bi-annual basis. Mrs. Knapp suggested that getting advisory board members to help in this process could be beneficial. 10. That the City consider privatization of services, such as garbage collection, sewage treatment, water supply, street maintenance, and fire protection. City Manager Wysocki noted that this item may decrease taxes or the costs of services I paid to the City; but the resident still pays those costs. He also noted that if the City can provide the services at less cost to the resident than private enterprise, it should continue to do so. Commissioner Jordan noted that the example cited in this suggestion is Phoenix, Arizona. He then indicated that if twenty different business bid on a specific service, it could be cost effective; but in many instances only one business would be bidding. 11. That the City consider cutting personnel in planning and zoning, putting a larger percentage of scarce resources into police and fire protection. City Manager Wysocki reminded the Commission that the City-County Planning Board is an administrative board which is autonomous. He then noted that a separate mill levy can be assessed outside the General Fund to cover the costs of that function. Commissioner Jordan noted the Planning Staff has a heavy workload now; and he does not see how the staffing level could be cut. 12. User's fee for non-city residents' use of the library. Mr. Goehrung noted this item is self-explanatory. Mayor Mathre thanked the members of the study commission for attending this meeting and discussing the various recommendations. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. I (1) A memo from the Clerk of the Commission, an advertisement to be placed in the newspaper, and a copy of the letter sent to those board members whose terms expire on December 31. (2) A letter from Mayor Mathre to all members in District 10 concerning the dinner meeting to be held with the Legislators on Wednesday evening. (3) The City Manager stated that the inaugural flight for Continental will be held at 3:45 p.m. on Thursday at Gallatin Field; and he and the Mayor will be attending. He suggested that any Commissioners interested in attending please contact him. (4) The City Manager stated that five City employees bowled in the benefit for Big Brothers and Big Sisters on Sunday, receiving $250 to $275 in pledges. (5) Commissioner Vant Hull stated she had left a memo in the Commissioners' mailboxes concerning the Zenith Management Corporation's recent actions at the Holiday Inn. She also suggested the Commission may wish to discuss that matter at next week's meeting, possibly sending a letter to the Montana Economic Development Board prior to the Board meeting, which wi II be held on December 8, 1986. The Commission concurred; and Mayor Mathre requested that the item be placed on the agenda for discussion. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items. II Proclamation - "National Children1s Book Week" - November 17-23, 1986 Claims I 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. 11-17-86 481 Recess - 4:45 p.m. Mayor Mathre declared a recess at 4:45 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 I scheduled public hearings. This was the time and place set for the public hearing on the Conditional Use Permit requested by Frank B. Elliott for Alvin and Gerald Goldenstein to allow a personal use air strip on a portion of Certificate of Survey No. 1273, located in the east one-half of the northwest one-quarter of the southwest one-quarter and the northwest one-quarter of the southwest one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located west of South Third Avenue and south of Goldenstein Lane extended. Mayor Mathre opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated that Mr. Elliott has an option to buy the subject 60-acre parcel from the Goldenstein brothers. He indicated that the applicant intends to use the site for storing his airplane, flying into and out of the property once each year. He noted that the applicant will construct a 1200-foot air strip in the center of the property as well as a 40-foot by 40-foot by 18-foot metal building in which to store his airplane as well as other personal items. The Assistant Planner then stated there wi II be no navigational aids or markers, such as windsocks or lights; and any landings or take-offs will be during daylight hours. I Assistant Planner Skelton stated that access to the building and air strip will be through an existing road. He also noted that the portion of land not used for the air strip and the building will remain as farmland. He stated that the Planning Staff reviewed this application, giving consideration to the concerns for safety of existing development in the area, as expressed during recent approval of the Zone Code Amendment allOWing personal use airfields in the AS District, and recommended approval subject to seven conditions. He then noted that the Zoning Commission concurred in those recommendations. The Assistant Planner stated that one of the conditions addresses approval from the F.A.A.; however, the staff has since received a letter from that agency indicating that their approval is not necessary due to the limited use of the field. Commissioner Martel questioned limiting the use of this airfield to once a year. Assistant Planner Skelton stated that the Planning Staff shared that concern; however, Mr. Elliott indicated that he is comfortable with his request for using the field only once each year. Mr. Frank Elliott, applicant, stated that he has contacted all of the neighbors abutting the subject site; and they have indicated no objections to his proposal. He then indicated that he stores his airplane at Gallatin Field during the flying season, and would use the subject site for winter storage only. Mr. Mike Coil, 1303 Driftwood Drive, stated his house is located approximately three- quarters of a mile south of the subject site. He noted the request is for an air strip with a storage facility; and he is opposed to any kind of storage facility on the site. Mr. Coil I reminded the Commissioners that residents of the area have consistently opposed any type of storage facilities or commercial ventures in that portion of the valley, since it has been developed as a nice residential area. Mr. Coil also expressed concern that, although this applicant has indicated that he would use the air strip only once a year, approval could establish a precedent that could result in more flights in the area. He also noted there is a huge residential subdivision located south of the subject site; and he is concerned about the safety of that area if planes are allowed to land so close. He then stated the school has a site immediately north of the subject site, upon which they plan to develop a recreational facility and possibly a school in the future. Mr. Coil 11-17-86 --------- 488 requested that the Commission deny the application because of the adverse impact it could have on existing development in the area. Mayor Mathre asked about use of the airfield if Mr. Elliott ceases to own or use the facility. Planning Director Steve Lere reminded the Commission that the airfield is being reviewed through the Conditional Use Permit; and if it is approved, it will be with specified conditions. He noted that one of those conditions is that the airfield can only be used once a year; and if I ownership of the property is transferred, that limitation remains in effect. He then noted that storage bui Idings are allowed as permitted uses in the AS, Agricultural Suburban, District as accessory structures; therefore, the proposed metal building would be allowed. Commissioner Jordan asked what type of process would be utilized if there is additional development of the area and the City feels that the airfield is creating a danger. The Planning Director stated that a Conditional Use Permit is approved with conditions; and if it becomes in violation of those conditions, the permit can be withdrawn. He noted one of the recommended conditions for approval of this request requires compliance with F.A.A. standards, including heights of surrounding structures and safety zones. He then noted that if the City feels that the airfield is creating an unsafe situation, it can request F. A.A. review. Mr. Frank Elliott stated that the proposed air strip would be located diagonally across the property. noting it would be 1200 feet long; and the property is approximately 2000 feet long. He then indicated that two or three routes could be used which would avoid flying over hou ses . He noted if the area is developed and he can no longer make a landing that is reason- able and safe, the F.A.A. would no longer allow him to use the air strip. Mr. Elliott then stated he is willing to install the air strip, realizing fully that future development could make use of that strip unsafe and, therefore, not possible. City Manager Wysocki asked where the proposed building would be constructed on the property. Mr. Elliott stated that the building would be located in the center of the property from east to west and at the northern edge, near Goldenstein Lane extended. I Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Vant Hull. Commissioner Stiff stated he can understand Mr. Coil's concern; but he feels that the risk of having a plane land and take off once a year on sixty acres is minimal. Mayor Mathre noted that safety has been an item of concern during both the Zone Code Amendment process and this Conditional Use Permit process. She then noted that any reports of danger or concern about the applicant's flying will trigger review by the City as well as the F.A.A. She stated that if a problem is found, the Conditional Use Permit will be withdrawn, thus addressing those safety concerns. Commissioner Jordan asked if the City would be liable because it had approved the Conditional Use Permit if the applicant were to drop his plane into a house. . City Attorney Becker stated that the cause of the plane going down would be a primary determining factor. He noted that the City could become involved in a contingent liability if pi lot negl igence is determined. The City Attorney then stated it appears that the Commission has given sufficient consideration to the safety factor to minimize possible liability. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by Frank B. Elliott for Alvin and Gerald Goldenstein to allow a personal use air strip on the Ei of the NWt of the SWt and the NWt of the SWi, I Section 25, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions as recommended by the Zoning Commission: 1. That a more detailed site plan, drawn to scale, showing the location of the proposed metal building, area of the air strip, access road and runway clear zones, be submitted to the Planning Office for review and approval; 2. That the Planning Office receive comments and airspace approval (F.A.A. Form 7480-1) from the F.A.A. prior to Final Site Plan approval; 11-17-86 489 3. That flights shall be limited to landing and taking off once a year, and to daylight V.F.R. conditions and restrictions imposed by F.A.R. Part 91; 4. That taking off and landing of aircraft be permitted only between the hours of 9:00 a.m. and 3:00 p.m.; 5. That the City-County Planning Office be notified of intent prior to any taking off or landing of aircraft at the designated personal use airfield and that notification of intent be not less than 48 hours nor more than five (5) I days; 6. That the applicant provide documentation of ownership of the property in question prior to Final Site Plan approval; and 7. That three copies of the Final Site Plan, containing all the conditions, corrections and modifications approved by the City Commission, be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building Department, one signed copy shall be retained by the Planning Director, and one signed copy shall be retained by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No being Commissioner Jordan. Commissioner Vant Hull abstained for one week. Staff - require the linear park measured intersection of 3rd This was the time and place set for the continued public hearing on the Zone Code Amend- ment requested by the City-County Planning Staff to require a 25-foot setback along all property lines abutting the City's linear park (measured from 7i feet from the centerline, from the intersection of Church and Story to the intersection of Third and Kagy). Mayor Mathre opened the continued public hearing. I Senior Planner Marcia Elkins presented a brief synopsis of the Staff Report, since this public hearing had been continued from November 3, 1986. She noted that the proposed setback would be from 321- feet from the centerline of the abandoned Milwaukee Railroad right-of-way. She noted this setback would affect all properties abutting the right-of-way from the inter- section of South Church Avenue and East Story Street to the intersection of South 3rd Avenue and Kagy Boulevard. She also reminded the Commission that within the setback area, no struc- tures would be allowed; and the maximum height for walls, hedges and fences would be four feet. Mayor Mathre reminded everyone that the linear park has been established along the Milwaukee Railroad right-of-way; and that item is not under consideration at this time. She then requested that all testimony address the proposed setback from that linear park. Mr. Don McLaughlin, member of the City-County Planning Board, stated support for the concept of the linear park. He noted one very important item to make the linear park usable is to make it defensible through open space. He then cited Cooper Park as an example of the problems that can be incurred when an area is not open enough to be defensible and the differences which have been made with opening it up. He then reminded the Commission that the proposed Zone Code Amendment is less restrictive than the existing emergency zoning regulations, affecting 321- feet from the centerline of the railroad right-of-way as opposed to the existing 45-foot strip. Mr. McLaughlin stated it is important to balance the public safety and welfare with the issue of private ownership, since public land abuts private land along this I park. Mr. Mick Hager, 108 Silverwood Drive, stated he has seen linear parks in several other cities around the country; and they have zoning restrictions similar to those being considered under this Zone Code Amendment. He then urged the Commission to approve this amendment because he feels the linear park will enhance the available recreational opportunities. Mr. Jody May, adjacent landowner and user of the linear park, suggested that the Commission consider revising the proposed Zone Code Amendment to provide no restrictions on the height of vegetation beyond a ten-foot setback from the property line. Mr. May stated he hopes that the adjacent property owners and the City can find a common basis for agreement 11-17-86 4~O because he feels that the park and the adjacent property owners can complement each other. Mrs. Joan Montagne, 1105 South Tracy A venue, stated support for the proposed setback, noting it will keep the linear park from becoming a narrow alley. She noted the park is used; and it can be an asset to the community if adequately protected. Mr. Cliff Montagne, 11 05 South Tracy Avenue, stated he feels that the linear park will enhance the value of adjacent properties if the park is properly landscaped and patrolled and a code of conduct is posted at each end of the trail. He noted that most users of the trail wi" I respect the rights of the adjacent property owners. Mayor Mathre noted that the City Manager had submitted to the Commissioners copies of two surveys which had been done, one involving linear park users and one involving homeowners. She then asked for more information on those two surveys. Mr. John Tietz, member of Dick Pohl's inventory analysis class at MSU, stated that members of the class had conducted the survey. He noted that people using the park at the time they were doing the survey were involved in the user survey; and residents along the park as well as within one-half block of the linear park were involved in the homeowner survey, although not everyone living along the linear park was involved in the survey even though attempts were made to do so. Mr. Tietz then stated the purpose of the survey was to assess what amenities should be included in the linear park; and they did not include fences and setbacks in that survey. He noted that most of the people surveyed were in favor of the park. He stated that he feels the park should be open and defensible so that those who wish can enjoy the park, rather than feeling enclosed. Mr. Wayne Larson, 1516 South Grand Avenue, stated he owns property along the linear park. He noted the main concern expressed so far is defensible space, questioning whether the property owner has a right to defensible space. He then stated he has planted trees and shrubs to beautify his place; and he feels he should also have the right to install a fence to make his place secure. He indicated opposition to the proposed setback, noting that it extends almost to his back deck. Mr. Phil Schneider, 1402 South Willson Avenue, noted that the proposed setback would I include a portion of the addition he just built. He also noted that the back yards are not very deep along his side of the street. Mr. Ron Newville, 1536 South Grand Avenue, noted that he had raised several issues during the public hearing two weeks ago. He once again questioned whether the City actually owns a portion of the right-of-way. City Manager Wysocki stated that the City has a warranty deed, dated July 14, 1986, conveying a strip of the Milwaukee Railroad right-of-way, 15 feet wide to 50 feet wide ex- tending from the intersection of South Church Avenue and East Story Street to the intersection of South Third Avenue and Kagy Boulevard, to the City. He stated that he has requested a bill from Mr. Scully on two separate occasions, but has not received one to date. He then noted that the Commission had previously authorized payment of that bill from the Parkland Trust Fund; and as soon as the bill is received, it will be paid. Mr. Newville then asked why he was not given an opportunity to purchase the entire 25-foot strip from the centerline, since those properties outside the city limits were given that opportunity. Mr. Paul Brown, 1624 South Third Avenue, noted that a 15-foot strip is not a linear park, but is an alleyway. He stated he feels the 25-foot setback is too restrictive, noting that the current 20-foot setback is adequate. Mr. Louis Barrett, 1721 South Willson Avenue, expressed concern about the proposed 25-foot setback, especially for those individuals who purchased the 17t-foot strip available to them. He stated he does not feel a four-foot fence provides adequate protection for the I property owner. Mr. Barrett indicated that he feels a 10-foot setback from the 15-foot-wide linear park would provide a feeling of openness. He then noted that he has not seen anyone use the park in the past week, noting that he may see an occasional jogger in the summertime. Mr. Jim Olson, 1705 South Willson Avenue, stated that he built his home and planted a hedge for privacy when the area was first developed. He then stated he feels the restrictions are not necessary. 11-17-86 491 Mrs. Betty Larson, 1516 South Grand Avenue, stated that she and her husband have improved that portion of the right-of-way which they purchased. She then expressed concern about the safety of joggers and skiiers crossing South Willson Avenue and ending up at the intersection of South Third Avenue and Kagy Boulevard. Mr. Ron Newvi lie stated opposition to the proposed restrictions. Commissioner Stiff asked Mr. Newville what he feels would be in the best interests of the I community. He also asked Mr. Newville why he had not exercised his option to purchase the 17i-foot strip. The Commissioner then indicated that he feels Mr. Newville is out of order in his objections. Mr. Newville stated the linear park runs people into one of the busiest intersections in Bozeman; and it also crosses South Willson Avenue, which is busy. He also indicated he feels that a small minority of the community will be using the linear park. He then stated that the private property owners would have no right to protect their back yards under the proposed amendment. Mr. Newville stated he feels it would be in the City's best interests not to have the linear park run between South Willson Avenue and Kagy Boulevard. He then indicated that three of his neighbors were unable to attend the meeting; but they have also stated opposition to the proposed Zone Code Amendment. Mayor Mathre read a letter of opposition from Donald and Jean Nedrud, 1717 South Willson Avenue. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. Commissioner Jordan stated he feels there is no need to wait one week to make the decision. Commissioner Vant Hull suggested the Commission may wish to change the proposed Zone Code Amendment prior to taking action. She then suggested that height restrictions not be applied to hedges or any other vegetation. I Commissioner Stiff noted one of his primary concerns was the question of taxation on that portion of the right-of-way recently acquired by the individual property owners; but he feels that matter should be dealt with separately from this Zone Code Amendment. He then indicated that he is not comfortable with the proposed 25-foot setback from the linear park. He stated support for having the staff review the matter again prior to taking action on the Zone Code Amendment. City Manager Wysocki reminded the Commission that a few minor changes would be permissible, but any major changes must go back through the Zoning Commission for review. He noted that height requirements for vegetation could be considered a minor change; however, any other changes should probably be referred back to the Zoning Commission. The City Manager then noted that the comments of concern which have been received during this public hearing have been concentrated in a specific one-block area, which is only a small portion of the total area affected by this Zone Code Amendment. Commissioner Stiff withdrew his second of the motion; and Commissioner Martel sub- sequently seconded the motion. The Commission then voted on the motion, to waive the one-week waiting period; and the motion failed by the following Aye and No vote: those voting Aye being Commissioner Jordan and Commissioner Martel; those voting No being Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre. A decision will be forthcoming in one week. and 49 I This was the time and place set for the public hearing on Commission Resolution No. 2639 entitled: COMMISSION RESOLUTION NO. 2639 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE ALLEY IN BLOCKS 46 AND 49 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. Mayor Mathre opened the public hearing. 11-17-86 492 City Manager Wysocki reminded the Commission that the subject 16-foot-wide alleys are. located between Broadway Avenue and the abandoned McAdow Avenue, running north and south from East Fridley Street. Mr. Gene Badgley, 2405 West College Street, and owner of Lots 8 and 9, Block 49, Northern Pacific Addition, stated his property fronts on Front Street. He indicated that if the subject vacation includes the alley running along the back of his property, he would oppose closure because it would eliminate access to any development in the rear of the lot. Mr. I Badgley then stated that if only the north/south alley is involved in the vacation, he would have no objections. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week, pending a determination of whether Mr. Badgley's property would be affected. Adjournment - 8:55 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 11-17-86