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HomeMy WebLinkAbout1985-08-05 301 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONT ANA August 5, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 5, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Vant Hull. Commissioner Anderson, Commissioner Jordan. City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. Commissioner Mathre was absent in compliance with Section 7-3-4322 (2), M. C. A. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of July 29, 1985, were approved as amended. None of the Commissioners requested that any of the Consent Items be removed for discussion. Award bid - water main replacement in the northeast sector of the City (CDBG monies) This was the time and place set to award the bid for the water main replacement in the northeast sector of the City of Bozeman. This project is to be funded with Community Develop- ment Block Grant monies. City Manager Wysocki stated that the anticipated costs for this project exceed the established budget. He recommended that action on this item be tabled until such time as the staff recommendation is completed as to the correct procedure to follow. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that award of the bid for the water main replacement In the northeast sector of the City be tabled until such time as a staff recommendation is completed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I Weekly staff report - status of water availability for remainder of summer City Manager Wysocki presented to the Commission a memo from Director of Public Service Dick Holmes concerning the amount of water available for the remainder of the summer. He briefly reviewed the memo, noting that the City had received a request for its water status from the Governor's Disaster Advisory Council. He noted that copies of that request, along with the City's reply, had been distributed to the Commissioners. Public Service Director Holmes stated the dam tender for Hyalite Reservoir had informed him on this date that the flow into the the reservoir is equal to the outflow. He stated this is mainly due to the decreased use of water by irrigators. He stated that the irrigators' water rights have run out for this season. Commissioner Anderson stated she is still researching the possibility of funding for exploring groundwater availability. Commissioner Vant Hull stated she has heard complaints from some of the citizens of Bozeman as to the unfairness of unmetered customers. She questioned whether the City could require all customers to go on meters. Mr. Holmes stated that directive would have to come from the Commission. He stated the majority of unmetered customers have not gone to meters because it would require extensive remodeling of their homes. Commissioner Vant Hull presented an article which appeared in the May 2, 1983, issue of the Bozeman Chronicle. She stated the article deals with water conservation measures. In the article, Architect McLaughlin was quoted as stating that toilet flushing constitutes 45 percent of inside water usage. The article further stated that according to McLaughlin, there is a low- I volume water closet on the market which conserves water. Commissioner Vant Hull questioned whether the City could require the conversion to this type toilet. Commissioner Anderson stated that the City should offer incentives, rather than issue requirements. Mayor Weaver suggested that Commissioner Vant Hull. if she so desires, should request an item be placed on a future agenda for the discussion of water conservation measures. Commissioner Vant Hull also stated she had received comments from residents concerning the article which appeared in the Chronicle stating the City loses water at night from stream 08-05-85 302 flows due to the lack of storage. She stated she had been asked whether a person could water at night to utilize a portion of the "lost" water. She was informed by the City Manager that policing of the water restrictions is more effective during daylight hours. Staff report - discussions re possible temporary paving of East College Street with millinQs from 1-90; priority listings of possible projects City Manager Wysocki presented to the Commission a memorandum from Director of Public I Service Holmes which listed candidate streets for the use of asphalt millings received from the State. He noted there is a need for three times the material than is available. He stated the material will be used on those streets that carry heavy commercial traffic. thereby saving maintenance costs. Mayor Weaver questioned whether the turn bay at Seventh and Durston should be moved up in priority on this list. He was informed by Director of Public Service Holmes that there are hidden costs of approximately $80,000.00 involving the turn bay at this intersection. Mayor Weaver suggested that the money set aside by the Commission for roadways might possibly be used for this turn bay project. Commissioner Vant Hull reminded the Commission that Roger Smith had stated at the public hearing regarding Annie Subdivision that he would be willing to participate in the improvement of Durston Road. She noted that he had stated he would not object to his portion of the costs being used for the intersection at North Seventh Avenue and Durston Road. Commissioner Anderson suggested the staff project the hidden costs of all the projects on this list so that these figures are available to the Commission during budgeting sessions. The City Manager stated this list had been made because of the availability of the millings. He stated that City crews have already spent two weeks working on projects using these millings. He noted that these crews would be unable to do any additional projects with these millings this year, as they cannot let their regular schedules slide. Mayor Weaver requested that the staff prepare breakdown costs of the turn bay project at North Seventh Avenue and Durston Road. I Commissioner Vant Hull questioned why the residents on the unpaved portion of East College Avenue are required to pave that portion of the street to City standards. She inquired whether a temporary surfacing could be put down. She was informed by the City Manager that if the project is done according to City specifications, it will save on maintenance costs in the future. Mayor Weaver stated that he feels a hard look should be taken at improving the inter- section of North Seventh and Durston Road. Commissioner Jordan stated he feels the intersection needs immediate improvement, but should be done right. He noted that perhaps the anticipated "pool of money for off-site improvements" might be used for this project. Discussion - Recreation Advisory Board recommendation re development of Jarrett Park as requested by Friends of Figgins City Manager Wysocki noted the memorandum from the Recreation Advisory Board recommended that the City of Bozeman contribute $9,000 from the Parkland Trust Fund; that the homeowners surrounding Jarrett Park contribute $1,000; and that the City staff apply for matching funds in the amount of $10.000 for the development of Jarrett Park. He stated that Commission confirmation is now required in order to proceed with that concept. He noted State funds have been obtained in the past for development of other City parks. Commissioner Vant Hull questioned whether purchase of the railroad right-of-way land would deplete the Parkland Trust Fund. The City Manager assured her that there was adequate I money in that fund to cover both projects. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission confirm the concept of this particular proposal and authorize and direct the staff to proceed with applying for matching funds for the development of Jarrett Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 08-05-85 303 Request for clarification of uses allowed in a bed and breakfast inn - William Davis, 719 North Wallace Avenue (Lehrkind Mansion) City Manager Wysocki presented to the City Commission a request from William Davis, 719 North Wallace Avenue, for a clarification of uses allowed in a bed and breakfast inn. Steve Lere, Planning Director, addressed the Commission and informed them that the original Conditional Use Permit for the Lehrkind Mansion Inn to operate a bed and breakfast I establishment was approved by the City Commission on March 26, 1984. He stated at the time the applicant applied for the use, no mention was made to serving either lunch or dinner. The assumption by the staff was that breakfast only would be served. The use was considered not to be any more nonconforming than the former use of apartments. He stated however that a restaurant would have been considered a greater nonconforming use, and thus, not allowable. Mr. Lere noted that the Zoning Commission. by a 3 to 2 vote, at its July 23, 1985, meeting recommended that the bed and breakfast be what its name entails; that Its function is for overnight accommodation and breakfast for its overnight guests. He stated there was concern with the possible. problem of enforcement. Commissioner Anderson noted that correspondence contained in the Commission packet indicates that restaurants are not an allowed use in an M-1 zone. She questioned by what procedure a restaurant might be allowed in that zoning district. Planning Director Lere stated that a restaurant could be allowed in the M-1 zoning by the means of an Historical Overlay District. He added that a restaurant could be allowed at the site in question by one of three means: (1) changing the zoning to allow a restaurant; (2) the applicant going back through the Conditional Use process; or (3) an Historical Overlay Zoning District. Commissioner Vant Hull stated she did not recollect enforcement being considered a problem. Mr. Lere clarified that remark was from the Planning Staff to the Zoning Commission. Commissioner Vant Hull then questioned whether there has been any problems with enforcement at either one of the approved bed and breakfast inns. Mr. Lere stated he had no knowledge of I either establishment serving meals other than breakfast. Commissioner Vant Hull inquired whether there is anything in writing that breakfast only will be served in a bed and breakfast. Planning Director Lere stated he was unsure, but at the time of the original application, the assumption was that breakfast only would be served. He stated the staff needs a definition of bed and breakfast. He also pointed out that a bed and breakfast serving breakfast only would be considered a less nonconforming use, but if other meals were to be served to outside guests, it would make the inn a greater nonconforming use. Commissioner Jordan stated the term "bed and breakfast" signifies exactly that, other- wise it would be called "bed and meals. II He asked if the request for a bed and breakfast was for a structure other than an historical one, would the Commission be as willing to approve it. Commissioner Anderson stated she feels the use of the Lehrkind Mansion is an improvement over the prior use and greatly enhances the surrounding environment. She stated that encourage- ment should be given to rehabilitate other historical structures in the City. Planning Director Lere stated that the Planning Staff based its recommendations on the applicant's original request. He stated that neither lunch nor dinner were mentioned in the application. He noted that additional parking would have been required if the original applica- tion had specified that meals would be served to outside guests. Mr. William A. Davis, owner of the Lehrkind Mansion Inn, addressed the Commission on his behalf. He stated at the time of the original process, he had assumed that he was address- ing a sophisticated audience. At this point, Mayor Weaver cautioned Mr. Davis concerning I condescending remarks. Mr. Davis apologized and went on to say that he does not intend for the Lehrkind Mansion Inn to be a public restaurant, however, he does desire to serve private dinners for private guests. Mayor Weaver asked Mr. Davis if a group of persons could reserve space for a meal at his establishment without renting a room. Mr. Davis replied that the intent of his structure is to rent lodging, but that he would serve guests who were not overnight guests with prior arrangements. 08-05-85 30lt Commissioner Anderson inquired as to the maximum number of guests to whom he could serve dinner. Mr. Davis stated he was unsure. but that he would not exceed the occupancy load of the building. Mr. Davis noted that two conditions required of the Voss Inn were not required of his establishment. He cited those two conditions as being: (1) that the structure be owner- occupied if used as a bed and breakfast; and (2) the proposed bed and breakfast use is to be defined as a single family structure, owner-occupied, renting overnight accommodations and I providing breakfast only to those persons renting the accommodations. He also quoted from the Bozeman Zoning Code regarding the definition of a "boarding" house. He stated that the bed and breakfast use does not fit into any section of the Zoning Code. City Attorney Crumbaker-Smith stated that it is not required that a Conditional Use fit into the Zoning Code. She added that a proposed use cannot be more nonconforming than the existing use. Mr. Davis noted that he had presented the Zoning Commission with copies of petitions signed by supporters of his establishment. Mayor Weaver stated there seems to be a question of what was duly approved. He stated that perhaps a search of the minutes might be helpful. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson. that the request by William Davis, 719 North Wallace Avenue, for a clarification of uses allowed in a bed and breakfast inn be tabled until a search of the minutes has been conducted, with a maximum time length not to exceed two weeks. The motion carri-ed by the following Aye and No vote: those voting Aye being Commissioner Vant HuH, Commi-ssioner Anderson. Commissioner Jordan and Mayor Weaver; those voting No, none. Break - 5:25 to 5:30 p.m. Mayor Weaver declared a break from 5:25 to 5:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - draft letter prepared by City Manager to Gallatin County Commission re solid waste I disposal City Manager Wysocki presented to the Commission a draft letter to the Gallatin County Commissioners, which he had prepared regarding solid waste disposal. He stated he had prepared this letter in response to the goals established by the Commission. Commissioner Vant Hull stated she would like the County Commission to provide the City with a copy of the Garbage I ncineration Report which was recently prepared. Mayor Weaver stated that the City Manager could informally request a copy of that report. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the letter prepared by the City Manager regarding solid waste disposal be signed by each of the City Commissioners and sent to the Gallatin County Commissioners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Informationll items. (1) Commissioner Vant Hull stated that the July 15, 1985 letter received by the Commis- sion from Martha Catlin had requested that recommendations be received from the Preservation Steering Committee for appointments to a Historical Preservation Advisory Commission. Mayor Weaver directed Commissioner Vant Hull to draft a letter to the Historical Preser- I vation Officer requesting the Steering Committee forward nominations to the City Commission. He requested Commissioner Vant Hull to draft a letter as an agenda item for next week's meeting. (2) A letter directed to Home Leasing, Inc., from Marcia Elkins, Assistant Planner. regarding the Baxter Park Annexation. Commissioner Vant Hull commended Planner Elkins on the excellence of the letter. 08-05-85 305 (3) A letter from CJR Development, Inc., requesting a continuance of their application for Phase " of their PUD (Bozeman Apartments). The City Manager noted that this will be an agenda item at next week's meeting. (4) City Manager Wysocki stated he had spoken to Alec Hansen regarding the League of Cities meeting to be held in Missoula on September 18-20, 1985. He stated Mr. Hansen has set aside one and one-half hours of the meeting for discussion of transportation of hazardous I materials on Interstate 90. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Application for Raffle License - Bozeman Senior Social Center - October 19, 1985; to be raffled are a hand-quilted bedspread. antique copper tea kettle, af han, wildlife picture, bab uilt and ham, valued at less t an 500.00 Building Inspection Division report for July 1985 Claims It was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Recess - 5:40 p.m. Mayor Weaver declared a recess at 5:40 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. I Hobau h for Joe Mahurin - allow construction ndustrial Properties ubdivision in the This was the time and place set to conduct the public hearing on the Conditional Use Permit requested by Rodney Hobaugh for Joe Mahurin to allow construction of an equipment repair shop on Tract 6-A of the Industrial Properties Subdivision in the Northeast Annexation. This site is more commonly known as 1606 Gold Avenue. Mayor Weaver opened the public hearing. Dave Skelton, Assistant Planner. presented the staff report. He stated the applicants propose to build a 40 x 60 foot structure for the purpose of an equipment repair shop, which will generally consist of drilling machinery. He noted that access will be from Gold Avenue, just east of North Rouse Avenue. He stated that the three parking spaces required by the Zoning regulations have been provided. He noted that concrete surfacing, rather than asphalt. is proposed. He indicated that Bozeman Creek parallels the east boundary property line of the proposed project. He noted this hearing is required because of the "T" designation. He informed the Commission that the Zoning Commission at its June 25, 1985, meeting had recommended denial of this application due to lack of information. He pointed out, however, since that time the applicant worked with the Planning Staff and at their July 23, 1985, meeting the Zoning Commission had recommended approval of this Conditional Use Permit. Commissioner Vant Hull stated she had talked to Jerry Wells of the Fish, WildlifE: and I Parks, and he expressed concern that violations of the 35 foot setback requirement were occur- ring during construction activities. Assistant Planner Skelton noted that the applicant does not propose any development in the 35 foot setback, but that the Commission can add a condition relative to this setback if it so desires. Mr. Rodney Hobaugh, applicant, addressed the Commission on his behalf. He stated that due to a heavy overgrowth along the creek bank, he does not anticipate any violation in that area of the setback requirement during construction activities. There was no one present to speak in opposition to the proposed use. 08-05-85 30G Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Gene Cook and Mike and Paula Speakman - allow construction of a new buildinq for wholesale sales, truck repair and warehousing on Lots 3 and 4 of the I ndustrlal Properties SubdivIsion In the Northeast Annexation l516 Bryant Street) This was the time and place set to conduct the public hearing on the Conditional Use Permit requested by Gene Cook and Mike and Paula Speakman to allow construction of a new building for wholesale sales. truck repair and warehousing on Lots 3 and 4 of the Industrial I Properties Subdivision in the Northeast Annexation. This site is more commonly known as 516 Bryant Street. Mayor Weaver opened the public hearing. Marcia Elkins, Assistant Planner, presented the staff report to the Commission. She stated that the applicant is proposing development on two separate lots. She stated the northern lot would be developed as a truck repair facility, with phased development, and the southern lot would be developed as a warehousing and wholesale merchandising facility. She stated the Zoning Commission had recommended approval of the proposed project. Commissioner Jordan inquired whether the problem with landscaping on the applicant1s West Main project had been resolved. Planning Director Lere stated that the landscaping on the West Main project was probably still not in compliance. He stated there is a grading problem that exists where water does not drain properly and ponds. He added, however, that he feels the decision on this proposal cannot be based on another project. Mayor Weaver noted that perhaps the Commission should obtain a legal opinion from the City Attorney relating to this concern. There was no one present to speak in support of or in opposition to the proposed project. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Barbara Pomeroy - allow a preschool on Tract B. Amended Subdivision Plat of portions of Lots 1 throuqn 12, -mock 20, Butte Addition (1422 South Willson Avenue) I This was the time and place set to conduct the public hearing on the Conditional Use Permit requested by Barbara Pomeroy to allow a preschool on Tract B, Amended Subdivision Plat of portions of Lots 1 through 12, Block 20, Butte Addition. This site is more commonly known as 1422 South Willson Avenue. Mayor Weaver opened the public hearing. Marcia Elkins, Assistant Planner, presented the staff report. She stated the proposal is to operate a preschool with an enrollment of 12 to 20 children. Ms. Elkins exhibited to the Commission plat maps of the proposed site. She pointed out to the Commission the various alternatives the applicant could utilize in order to obtain the necessary required parking. Commissioner Vant Hull inquired whether it would be required to place more concrete on the site in order to obtain the required six parking spaces. Ms. Elkins responded that would depend on the alternative selected by the applicant. She added that the appl icant has the right to appeal to the Board of Adjustment for a variance on the parking if she feels there is a hardship on the land. Commissioner Anderson stated she had driven past the proposed site nearly every day on her lunch hour during the past school year and had never observed any difficulty at that site with traffic from loading and unloading children. Assistant Planner Elkins noted there is concern with loading and unloading children on the street. She stated for the safety of the children. the loading and unloading should be near the entrance and located off-street. Commissioner Vant Hull asked if one of the conditions of approval was that the unit be I owner-occupied, would it reduce the number of parking spaces required. Ms. Elkins replied that requiring the structure to be owner-occupied would not reduce the parking requirements. She stated that a Conditional Use Permit is granted to the land, and not to the person. Commissioner Anderson inquired whether the proposed structure is being utilized for any other use besides day care. Ms. Elkins replied that she was unsure. She pointed out that a complete floor plan of the structure was required so that the staff could evaluate that question. 08-05-85 .30l Mr. William Madden, attorney, addressed the Commission on behalf of the applicant, Ms. Pomeroy. He stated that Ms. Pomeroy had come before the Commission two years ago for a Conditional Use Permit to allow a preschool at this location. He stated the Commission had denied the application based on the possible impact on traffic in the area and the historical district. He stated after the Commission denied the applicant's request, she obtained a group home permit from the State and has been operating the preschool under that permit. He stated I the applicant is again before the Commission due to the fact she had received a letter from the City informing her that she was in violation of the zoning. Mr. Madden stated that the applicant has no problem with any of the conditions. He noted that there might be some difficulty in meeting the parking requirements without adding a lot of additional concrete. He stated that Ms. Pomeroy proposes to operate the preschool only on one floor of the residence. Mr. Madden also pointed out that the proposed site is not within the boundaries of the South Willson Historic District. He presented to the Commission a letter from Martha Catlin, Historic Preservation Officer, which noted that fact. Ms. Catlin also stated in the letter that the proposed structure is not included in the potential historic districts identified by the Bozeman Historic Resource Survey. Ms. Barbara Pomeroy, the applicant, addressed the Commission on her behalf. She stated she desires to be in compliance with City regulations. She stated her intent is to keep the nature of her property residential. She stated she feels there is a need in the community for a small school such as hers. She indicated she is concerned that lots of cement will have to be installed in order to meet the required parking. She presented to the Commission letters of support from Ann DiBerardinis. Mari Iyn Delger and Sheila Devitt. Commissioner Anderson asked Ms. Pomeroy if the proposed structure is to be utilized for any other use besides the preschool and residence. Ms. Pomeroy indicated there is a basement apartment which can be rented if the parking requirements can be met. Commissioner Jordan stated that sometimes common sense must be used rather than I regulations where safety is concerned. He stated he has a problem with driving into the site and backing out into the street. He indicated he feels a turnaround space should be provided off the street. Planning Director Lere indicated that regulations require adequate turning provisions. Break - 8:00 to 8:10 p.m. Mayor Weaver declared a break from 8:00 to 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Pomeroy - allow a preschool on h 12, Block 20, Butte Addition Ms. Winifred Lovelace, 2206 Highland Court. addressed the Commission and spoke on behalf of the applicant. She stated she supported Ms. Pomeroy's proposal. Ms. Dorothy Sabo, 8 West Harrison Street, also addressed the Commission and spoke in support of Ms. Pomeroy's application. Ms. Mary Austin addressed the Commission and stated that her children have attended Ms. Pomeroy's school. She stated she feels it is an excellent school and her children have benefited from attending. She expressed support of the school. Ms. Billie Warford, Montana Association for the Education of Young Children, addressed the Commission and spoke in favor of Ms. Pomeroy's school. She distributed pamphlets concern- I ing her organization to the Commission. Ms. Kathleen Coil addressed the Commission and stated that her son attends Ms. Pomeroy's school. She stated she feels it is a quality school and an asset to the community. Ms. Najaria Esty informed the Commission that her daughter attends Ms. Pomeroy's school. She stated that she supports Ms. Pomeroy's proposal. She also presented to the Commission letters of support from Millicent Whitt and Helen Lineberger. There was no one present to speak in opposition to the proposed use. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 08-05-85 308 Adjournment - 8:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan. Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor I ATTEST: Yr atiu' O~f / Yttll?1t:LUJ1) Acting Clerk of the Commission I I 08-05-85