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HomeMy WebLinkAbout1985-11-18 4 L~ 9 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA November 18, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 18. 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The mi nutes of the regular meeting of November 12, 1985, were approved as amended. Mayor Weaver asked if any of the Commissioners wished any of the Consent Items removed for discussion. He then requested that the proclamation for "Lights for Peacell be removed for discussion. es a City Manager Wysocki presented Ordinance No. 1192, as prepared by the City Attorney, entitled: ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE BY ADDING SECTION 18.04.055 AND REVISING SECTIONS 18.10.020 AND 18.52.140. City Manager Wysocki reminded the Commission that they had conducted public hearings and approved these Zone Code Amendments separately; but they have been combined in this I Ordinance since they revise the same chapter. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1192 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1192, amending Sections 18.04.055,18.10.020 and 18.52.140, Bozeman Municipal Code, to provide a definition for bars; to allow restaurants serv- ing alcoholic beverages as a conditional use in the B-1, B-2 and B-3 Zones; and to allow single- family mobile homes as a permitted use in the AS Zone, and that the Ordinance be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - review of evaluation forms for City Manager and Clerk of the Commission City Manager Wysocki stated the Commission had requested this item be placed on the agenda. Mayor Weaver briefly reviewed the process followed during the last evaluation and asked if the Commission wished to make any changes. The Commission concurred that the same basic process should be followed. Commissioner Vant Hull then suggested that the City Manager provide an update on the goals and policies prior to evaluation; and the Commission concurred. I City Manager Wysocki then reviewed the goals and policies established by the Commission last year, as follows: Management of the City's utility assets. The City has received a consultant's report on the City's assets in the watershed at Mystic Lake. Also, the City has gathered the old pipe which has been lying around the yards and put it in the upcoming auction. Equipping Police and Fire Divisions adequately. The City placed a special voted mill levy on the ballot for purchase of a new ladder fire truck, which was approved in the recent election. The City Manager noted that the staff is pleased with the public's perception of t.he 11-18-85 450 City's need for the new truck. He further noted that recent budgets have included several new pieces of equipment for these two divisions. Maintaining the recreation program. A few new items have been added to the recreation program and seem to be successful. The City is acting as coordinator when necessary for various groups, such as the basketball, soccer and softball organizations. Maintaining water distribution and sewer collection systems. All water improvements are currently on hold because of the Public Service Commission's failure to act on the City's rate I increase request. The City is doing work on the sewer collection system as needed. Increase personnel in specific departments. The proposed increases in personnel have been completed. Encourage support of public library services from all resources. The Library Board of Trustees and the Friends of the Libraries put together information and went before the County Commission to seek increases in funding through the County's special mill levy and Revenue Sharing monies. The City also supported legislation introduced by Representatives Norm Wallin and Dorothy Bradley to allow multi-jurisdictional districts for specified act i-vities , including libraries. Management of solid waste - landfill and garbage collection. The City Manager noted that he has recently met with people in the rural garbage district concerning a comJ:.lined City / County solid waste collection area. He then indicated that those individuals who have utilized the automated garbage collection containers have been surveyed; and the results of that survey are currently being compiled. He noted that the staff has been awaiting snowfall and accompany- ing comments prior to completing compi lation of the survey. That development be self-supporting in regard to transportation (roads) and utilities (sewer and water). The City has begun to require dedication of rights-of-way for arterial and collector streets during the annexation process; and waivers of protest for the creation of SID's for improvement of local streets and local street standards for perimeter streets. The City also requires a cash-in-lieu payment or transfer of usable water rights for new annexations. Mayor Weaver asked about the implementation of hook-up fees for water and sewer; and I the City Manager indicated that those fees should not be considered until after the Public Service Commission has acted on the current request. City Manager Wysocki then reviewed the goals and policies established by the Commission this year, as follows: Equip Fire Division adequately. He noted this item was addressed above. Presedimentation pond. The City Manager noted that, although the new water rates must be implemented before any action is taken on this item, the staff is currently doing pre- liminary calculations on the size of the pond and whether there is adequate space on existing City land. Solid waste disposal. The City Manager noted that in addition to meeting with the rural refuse district, he has recently gone to Livingston to review the incineration process. He indicated that he will meet with both groups again in an attempt to determine what type of action would be most beneficial to the City. Elimi nate use of sa It on the streets. The City is attempting to cut back on the use of salt on the streets, while considering public safety. Commissioner Vant Hull expressed concern about incurring additional costs by using less salt and stated she does not feel any major changes in the process should be made until the City has additional revenues to cover the additional costs. Commissioner Jordan stated adequate salt should be used to avoid sliding through inter- sections, noting that public safety is more important than damage to vehicle bodies through use of salt. I Implementation of Master Plan. The City Manager noted this is the third year for use of the revised Master Plan; and the Planning Staff will now begin review to determine if changes should be made. Traffic planning. The City has done some preliminary planning and work on the location of arterials and collectors. The City is also now trying to get rights-of-way dedicated through various efforts, such as during annexations. 11-18-85 451 Cable TV franchising. The Commission dealt with this item at last week's meeting; and the City Manager will submit a draft franchise agreement to the Commission for review as soon as possible. Air quality. Mayor Weaver stated this item has been before the City-County Health Board, but seems to be floating at this point. He suggested that several City Commissioners attend and express their concern in an effort to once again get action. He stated he feels it I more appropriate for the Health Board to proceed than for the City Commission, since the entire County needs to become involved. Sidewalks on busier streets. The City Manager noted this item was discussed in July. He suggested the Commission may wish to consider renewing the sidewalk repair program that divided the City into quarters, covering the community through a four-year program. He noted that installation of new sidewalks could be incorporated into the program if deemed appropriate. The Commissioners then concurred that the evaluation form utilized last time for review- ing the City Manager's performance be used again, including all of the goals and policies just reviewed. The Commissioners further concurred that the evaluation form utilized for reviewing the Clerk of the Commission's performance be used again. The Commissioners are to complete the evaluation forms and submit them by 10:00 a.m. on Friday to the Clerk of the Commission for tabulation. That summary is to be included in the Commissioners' packets for review and discussion at Monday'~ meeting. Discussion - FYI items City Manager Wysocki presented to the Commission the following '''For Your Information" items. (1 ) Commissioner Anderson stated that she feels a public hearing should be required for any effort to change the time of the Commission meeting. She then suggested this Commission may wish to consider taking action to require that a public hearing be held, if deemed appro- priate. I (2) A letter from Edna Berg, 1314 South Third Avenue, thanking the City for plowing Kagy Boulevard. (3) The City Manager told the Commissioners that the City experienced a break in a 10-inch waterline on North Wallace Avenue around noon; and the crews anticipate having the line repaired by early night. He noted the Commissioners may also receive calls about dirty water. Proclamation - "Lights for Peace" - November 19-20, 1985 City Manager Wysocki stated that Mayor Weaver had requested this item be removed from the Consent Items. Mayor Weaver noted that the letter attached to the proclamation from Les AuCoin, Representative from Oregon, is addressed to Commissioner Vant Hull and asked if she had any comments or information on this item. Commissioner Vant Hull stated that copies of this proclamation have been sent to 4,000 communities across the nation. She noted that many of those communities have already adopted the proclamation; and there will be lights on across the nation for peace during the summit meetings on November 19 and 20. Commissioner Jordan noted it is difficult not to vote for this proclamation, but he feels that the Congressmen could better spend their time working on items of national importance, rather than spending time on items such as this. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission concur in the Mayor's proclamation of November 19-20, 1985, as "Lights for Peace." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Consent I terns . to the Commission the following "Consent Items." - Sundance Saloon, 120 N. 19th Avenue - through une 30, 1986 11-18-85 lt52 A Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, 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 I Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Recess - 5:07 p.m. Mayor Weaver declared a recess at 5:07 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. , This was the time and place set to conduct the public hearing on the Conditional Use Permit requested by Valley View Golf Club to allow a 40' x 110. accessory building for mainte- nance equipment on a tract in the southeast one-quarter and southwest one-quarter of Section 18 and the northwest one-quarter, northeast one-quarter, southeast one-quarter and southwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This tract of land is located within the recently expanded golf course. Mayor Weaver opened the public hearing. I Assistant Planner Marcia Elkins stated this application for a Conditional Use Permit would allow construction of a 40-foot by 11 O-foot metal building approximately 300 yards west of the eastern boundary and 400 yards south of Kagy Boulevard. She noted this accessory structure would be utilized as a maintenance equipment storage building and will not be easily visible. The Assistant Planner stated that the Zoning Commission reviewed this application and concurred in the Planning Staff's recommendation for approval, subject to five conditions. Mr. Steve Holman, Superintendent for Valley View Golf Club, stated that the proposed site was selected because it provides the least amount of accessibility to the general community. He also indicated that the maintenance building is a necessity for the golf course. Commissioner Vant Hull asked if bathroom facilities will be provided in the building. She also asked if the golf club is on City water and sewer services. Mr. Holman stated the golf club is not on City water and sewer services. He then noted that bathroom facilities will be installed, but probably not for at least a year. No one was present to speak in opposition to the proposed Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. bonus to ection 19, This was the time and place set to conduct the public hearing on the Conditional Use Permit requested by Clair W. Daines, Inc., to increase the density bonus to allow eight living I units on Certificate of Survey No. 803-A, located in the southwest one-quarter of Section 13 and the northwest one-quarter of Section 19, Township 2 South, Range 6 East, Montana Principal Meridian. This tract of land is located east of Fairway Drive; and the proposed development is an extension of Westridge Meadows Planned Unit Development. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the site in question is 2.47 acres in size and was formerly the driving range for the Valley View Golf Club. He 11-18-85 4"53 then stated there are currently six living units on the subject parcel; and this application would provide for the construction of two more living units on the site, which requires a density bonus of 9.26 percent. He noted that, although this development is not a part of the Westridge Meadows Planned Unit Development, it is an extension of that project. Assistant Planner Skelton stated that the Zoning Commission reviewed this application and concurred in the Planning Staff's recommendation for approval, subject to six conditions. I Mr. Clair Daines, developer, indicated that the original proposal included construction of nine living units on the subject parcel, but negotiations with the Westridge Meadows Homeowners' Association have reduced that number to eight and provided for a large open space between those structures which will be deeded back to the Association. Mr. Daines stated the initial proposal also included construction of a swimming pool and tennis courts on this parcel; and if the Homeowners' Association decides to proceed with those items, they wi II be constructed for use by residents in the entire project. Commissioner Anderson asked if Fairway Drive and Kagy Boulevard provide the only access to this development, expressing concern that those residents may be trapped during an emergency. Assistant Planner Dave Skelton stated there is an emergency access road to Spring Creek Drive, providing a second access if needed. No one was present to speak in opposition to the proposed Conditional Use Permit. Mayor Weaver closed the public hearing. A decision wi II be forthcoming in one week. Public hearing - Zone Map Change - from R-4 to B-2 - Chuck Fjeld - north 42' of west half of Lot 7, north 42' of Lots 8, 9 and 10, west 421 of the east 841 of Lots 24 and 28 and the west 56' of Lots 24 and 28, all in Block E, Tracy's Third Addition (522 West Beall Street) This was the time and place set to conduct the public hearing on the Zone Map Change requested by Chuck Fjeld to change the present zoning of R-4, Residential--Medium-density Apartments, to B-2, Community Highway Business, on that tract of land located in the north 42 feet of the west hal f of Lot 7, the north 42 feet of Lots 8, 9 and 10, the west 42 feet of the I east 84 feet of Lots 24 and 28, and the west 56 feet of Lots 24 and 28, all in Block E of Tracy's Third Addition. This location is more commonly known as 522 West Beall Street. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted the subject parcel is immediately adjacent to the business property on North Seventh Avenue. She also indicated that in 1972, the Board of Adjustment granted a variance for the subject parcel which allowed construction of the existing commercial structure on the site; and Lake Paint and Glass was located in that structure for thirteen years before its recent relocation. The Assistant Planner stated that the applicant has requested this Zone Map Change because he wants to use the structure for another commercial use without going through the Conditional Use Permit process or the variance process each time the use changes. Assistant Planner Elkins then indicated that the Planning Staff recommended approval of the request, based on the character of the existing structure, adjacent uses, and the Master Plan designation of this parcel as commercial. She noted that public testimony and a petition opposing the application and containing nine signatures were considered at the Zoning Commission; and they unanimously recommended denial of the request. Commissioner Mathre asked why the applicant would be required to go through the Conditional Use Permit procedure to continue commercial use of the site. Planning Director Steve Lere stated that, since the existing use is non-conforming in the R-4 zone, any change of that use must go through the CUP process and must be equal to or less non- conforming I than the existing use. Commissioner Mathre noted if a non-conforming use is vacant for a ninety-day period, that use can no longer be utilized unless once again approved. She then questioned what commercial type of activity would be allowed as a conditional use in the R-4 zone. The Planning Director stated that medical offices could be located within an R-4 zone as a conditional use. Commissioner Vant Hull noted that the Zoning Commission meeting minutes reflect that Mr. Fjeld has had two potential lessees or buyers who did not wish to go through the conditional use process to utilize the site. She then questioned what uses would have been involved. 11-18-85 454 Planning Director Lere stated that the site was considered for the Ziebart shop, which has since found a site on North Seventh Avenue. Another proposed use is a church; which has just gone before the Board of Adjustment for a variance to the parking requirements. He then indicated that he feels the site was a commercial use prior to 1972, probably for the past twenty-five years. He further noted that the application for Zone Map Change was submitted prior to the church's interest in use of the site. Commissioner Mathre stated she feels that the Master Plan land use designation must be I considered; and that shows this site as a business use. Commissioner Mathre then asked about the quonset which is utilized for stained glass. Assistant Planner Elkins stated that the quonset is located on the same parcel; and the appli- cant's brother has a stained glass shop in that structure. Commissioner Mathre then noted that the Zoning Commission meeting minutes reflect public concern about the use of this parcel if it is rezoned to B-2, indicating a desire to have a "T" added. She then stated that, even without the added "T" d~signation, the site has limited options for use. She also noted that use as a bar has drawn considerable concern, which would require a Conditional Use Permit anyway. Assistant Planner Elkins stated that providing off-street parking is the biggest con- straint for any use located on this site. Commissioner Jordan asked for the Planning Staff's position on this request. Planning Director Lere stated that the Planning Staff supports its staff report, which recommends approval. Commissioner Vant Hull asked about buffering to protect adjacent residential uses from this commercial use, possibly through use of a "T" district. The Planning Director stated that the Planning Staff is opposed to attaching a "T" to the zoning on this tract because the property to the north and the west are currently zoned B-2; and placing a "T" on this parcel would not be a proper use of that district. City Manager Wysocki questioned whether the existing use had some impact on the Master Plan land use designation and asked what designation would have been placed on the site had it I been vacant. The Planning Director indicated that its long use as a commercial site probably had an effect on the land use designation. Mayor Weaver noted that the Zoning Commission meeting minutes reflect that public testimony does not indicate a desire to maintain the R-4 zoning, but requests that the subject site be rezoned to B-2- T rather than th~ requested B-2. Assistant Planner Elkins indicated there was support for maintaining the R-4 zoning, although that may not be reflected in the minutes. City Manager Wysocki asked about the size of the subject site. Assistant Planner Elkins indicated it contains approximately 10,000 square feet, which includes one-half of the street. No one was present to speak in support of or in opposition to the proposed Zone Map Change. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 7:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan I seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor I ATTEST: Clerk of the Commission 11-18-85