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HomeMy WebLinkAbout1985-12-16 479 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 16, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 16, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Acting 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. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes - December 9, 1985 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the minutes of the regular Commission meeting held on December 9, 1985 be approved as amended. 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. Conveying of Cotldolences - family of Pvt. Mark Wallace Mayor Weaver reminded the Commission that during this past week, Private Mark Wallace of Bozeman lost his life in an aircraft tragedy at Gander, Newfoundland, on his return from a peace keeping mission in the Middle East. The Mayor noted that his wife, Barbie, and two small children, Mickey Lee and Napthali, live in Bozeman, as well as her parents, Mr. and Mrs. Bill Berndt. He then suggested that the Commission extend its condolences to Pvt. Wallace's family, on behalf of a grateful nation and a saddened community. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission extend its deep condolences and sympathy to Pvt. Wallace's family, on behalf of a grateful nation and a saddened community, through a letter to be signed by the Mayor. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. This was the time and place set for the decision on the Master Plan Amendment requested by Jerry Perkins to change the presently designated Medium-density Residential District to include a Light Industrial District and a General Highway Commercial District on Tracts 2 and 3 of Certificate of Survey No. 1215, located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The subject 65. 2572-acre tract is bounded on the north by Baxter Lane, on the east by North Eleventh Avenue extended, on the south by West Oak Street extended and on the west by North Seventeenth Avenue extended. Acting City Manager Barrick reminded the Commission that the public hearing on this Master Plan Amendment was held on December 2, 1985. He then indicated that the City Manager recommends that the requested Master Plan Amendment be approved in view of the added benefits which the community would receive from the proposal which has been submitted. I Commissioner Vant Hull noted that she has several questions to be addressed to City Manager Wysocki about this item. She reminded the Commissioners that the City Manager was out of town most of last week and has been ill since his return, so she has been unable to get her questions answered. She then suggested that the Commission defer its decision for a period of one week. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission approve the Master Plan Amendment requested by Jerry Perkins to change the presently 12-16-85 48U designated Medium-density Residential District to include a Light Industrial District and a General Highway Commercial District on Tracts 2 and 3 of Certificate of Survey No. 1215. It was then moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission table action on this item for a period of one week to provide an opportunity for City Manager Wysocki to respond to specific questions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Anderson and Commissioner Mathre; those voting No being Mayor Weaver. I Acting City Manager Barrick reminded the Commission that they had acknowledged receipt of this request at its October 28, 1985 meeting. He then noted that the Planning Staff has completed its report on this proposed annexation. Commissioner Vant Hull noted that she would prefer to defer any action on this item for a period of one week also, since the Master Plan Amendment above applies to a portion of the property involved in this annexation request. The Commissioners concurred that the staff report should be submitted at this time but agreed to defer any action on the requested annexation until next week's meeting. Assistant Planner Marcia Elkins presented the Staff Report. She noted that the subject request contains three separate parcels, with a total of 139.9983 acres, as follows. The Tschache parcel is located in the Northeast one-quarter of the Northeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, and includes 32.5 acres. The Saccoccia parcel is known as Tracts 1 and 4 of C.O.S. No. 1215, located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, and includes 42.2408 acres. The Perkins parcel is known as Tracts 2 and 3 of C.O.S. No. 1215, located in Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, and includes 65.2572 acres. The Assistant Planner stated that, under the present medium-density residential land use I designation, 3,780 dwelling units could be placed on these subject parcels, which would house approximately 9,000 individuals. She stated if the above-requested Master Plan Amendment is approved, the amount of residential development would be reduced to approximately 3,100 dwelling units, but the amount of vehicular travel would be increased due to the commercial and light industrial uses. Assistant Planner Elkins then reviewed the various annexation goals and policies, as set forth in Commission Resolution No. 2532, noting that the proposal is in compliance with Goal Nos. 1,2,3,5 and 8 and Policy Nos. 1 and 4. She indicated that the applicants have indicated a willingness to dedicate 80 feet for right-of-way for West Oak Street, rather than the customary 50 feet, to provide for a better alignment at its intersection with North 7th Avenue. The appli- cants have further indicated a willingness to relocate Baxter Lane, thus alleviating many of the problems at its current intersection with North 7th Avenue. The Assistant Planner then indicated that if federal funds are used to construct North 19th Avenue and West Oak Street, those streets will not be constructed until after 1990; and development of these properties must be closely Hed into the construction of those roadways since there is no other transportation system in the area which is adequate to handle the traffic which would be created. She noted that the anticipated timeframes for 90 percent development of these three parcels is from five to ten years, which she feels is optimistic. Assistant Planner Elkins then stated that the requested annexation appears to be in com- pliance with a portion of the goals and policies which have been established by the Commission; and if the Master Plan Amendment under consideration is approved, it will be in compliance with I an additional policy. Commissioner Vant Hull noted that annexation of the proposed properties would create islands of unannexed land between Durston Road and West Oak Street and asked if those islands could then be annexed. She also asked if any of those property owners have indicated an interest in annexation. Assistant Planner Marcia Elkins stated that the State Statutes provide that any properties wholly surrounded may be annexed by the City. She noted that under such circumstances, the City would not be able to acquire additional water rights or right-of-way dedications. The 12-16-85 481 . Assistant Planner then indicated that none of the property owners in those islands have approached the Planning Staff about the possibility of annexation. Commissioner Anderson noted the Staff Report indicates that this proposed annexation, along with recent annexations, would require 2,025 acre feet of the 2,300 acre feet of water anticipated from increasing the height of Hyalite Dam. She then asked how closely the exten- sion of Hyalite Dam is tied to this annexation request. The Commissioner also noted that water I may be the limiting factor to growth of the City in the future. The Assistant Planner noted that is a policy question which must be addressed by the Commission rather than the staff. Commissioner Vant Hull asked how far North 19th Avenue would need to be extended from Baxter Lane to reach the I nterstate for a possible future interchange. She also asked if any right-of-way for that street has been dedicated through the industrial park area. Assistant Planner Elkins indicated she is not certain if any of the right-of-way has been dedicated for North 19th Avenue through that area. Commissioner Jordan noted that the estimated amount of water needed to serve this annexa- tion seems quite high and asked how accurate that figure is. The Assistant Planner indicated that the Planning Staff has based its estimate on the highest possible density for development under current land use designations, excluding density bonuses. She stated that the projected figure is accurate for such development but is probably high when compared to actual development of the parcels. Commissioner Jordan then asked that the staff submit a report indicating how much water the City currently has and at what point the cash-in-lieu payments for water rights may become a regressive idea. He noted the City has recently approved several large annexations; and when those properties are developed, water must be provided to those developments. Assistant Planner Elkins indicated that improvements to the water distribution system and an increase in the water storage capacity could extend the available water supply and provide for more efficient use of existing water rights. She noted there is a limit to the amount of I water available, and the City should become concerned about utilizing that water in the most efficient manner possible. Mayor Weaver asked that Commissioner Jordan's request for information be expanded to include a summary of all existing water; the anticipated increase in water through the raising of Hyalite Dam, development of a pre-sedimentation pond, and water system improvements; and the amount of water required to service the City at the present time as well as at the time that all known new development has been completed; and any additional anticipated demands on the water supply during the same timeframe as the supply increases are anticipated. Commissioner Vant Hull noted that reference is often made to the service area and asked if that area has any effect on the City's water capacity. The Assistant Planner indicated that the service area refers to the sewer service area only, and has no effect on the water system. Mr. Paul Kinshella, Sanderson, Stewart and Gaston, Inc., indicated that the engineering firm has submitted the annexation request for all three property owners. He reminded the Commissioners that a 50-foot right-of-way was dedicated for North 19th Avenue as a part of the Smith annexation; and there was a 40- to 60-foot right-of-way for the other half of that street already dedicated. Commissioner Vant Hull asked if the engineers feel it would be beneficial to have North 19th A venue extended to the Interstate. Mr. Kinshella indicated they feel it would be helpful, noting that a 60-foot right-of-way is noted on maps of the property lying north of Baxter Lane. Commissioner Anderson noted the annexation request indicates that Special Improvement Districts will be requested and asked what improvements those districts would be for. Mr. I Kinshella stated the Special Improvement Districts would be for initial improvement of West Oak Street to provide access to the site and extension of a 12-inch water I ine to service the development. Commissioner Jordan asked about ownership of the parcel lying along Baxter Lane which is not included in this annexation request. He also expressed concern about the potential for piecemeal development of the area, since that parcel is not included in this request. Mr. Kinshella indicated that the parcel is currently under contract, with Mr. Saccoccia having an option for purchase. He stated if that option is exercised, Mr. Saccoccia will seek annexation 12-16-85 482 of that parcel as well. Mr. Kinshella then stated that a master plan for development of the entire area has been completed, but that parcel has not been included at this time since it is not involved in this request. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the staff report on the annexation request submitted by Tschache, Saccoccia and Perkins. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson I and Mayor Weaver; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission indicate its intent to proceed with the annexation procedure for the subject annexation request. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table action on the above motion for a period of one week so that the decisions on this item, as well as on the previous agenda item, are made during the same meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull. Commissioner Anderson, Commissioner Jordan. Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - possible lobbying to get third interchange at Bozeman Acting City Manager Barrick noted that Commissioner Vant Hull had requested this item be placed on the agenda. Commissioner Vant Hull noted that the Policy Coordinating Committee forwarded an appli- cation to the Department of Highways for federal funding for construction of a third inter- change for Bozeman at North 19th Avenue. She noted the PCC was told that no presentations would be allowed at the Highway Commission meeting; but several cities were present and were allowed to speak in support of their applications. She indicated that, as a result of that meeting. three interchanges were recommended for upgrading and five new interchanges were recommended for construction. The Commissioner stated that she feels the City Commission, I possibly in conjunction with the Chamber of Commerce and Montana State University, should become involved in actively lobbying for a change or an addition to the recommended inter- changes. Commissioner Vant Hull then suggested the City may wish to contact the Highway Department to determine if there is room for more priorities in this federally funded project, when the application submittal deadline is, and when the final decisions will be made. She also suggested that the City ask the Chamber of Commerce, Gallatin Development Corporation and Montana State University if they wish to participate in lobbying for a third Interchange, possibly through signing of a joint letter. Mr. Bob Correa, Executive Vice President for the Chamber of Commerce, stated that he feels support of a third Interchange for Bozeman should be a community effort. He noted that traffic flow and safety must be considered. Also. development of the technology research park near Montana State University appears to be a potential reality in the near future, and he is confident that the Montana Law Enforcement Academy will remain in Bozeman. Mr. Correa also noted that a North 19th Avenue interchange would provide direct access to the freeway for the Montana Highway Patrol trainees, who are based at the MLEA. Bob Correa then indicated that the Executive Board for the Chamber of Commerce will meet tomorrow morning; and he will discuss this item with them. He then encouraged the Commission to seek support from other entities in the community for a third interchange to Bozeman. Mr. Correa then asked if the monies involved are federal monies or if the 1987 Legislature will be appropriating the monies. I Mayor Weaver requested that the staff contact the Highway Department to obtain the information requested by Commissioner Vant Hull, as well as by Bob Correa, with a report to be submitted to the Commission at next week's meeting. Break - 5:03 to 5:13 p.m. Mayor Weaver declared a break from 5:03 p.m. to 5:13 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 12-16-85 483 Discussion (continued) - possible lobbying to get third interchange at Bozeman Commissioner Jordan stated that he feels the City Commission should take an active role on this issue, rather than the passive role it has assumed in the past. He then indicated that he feels the City should also ask the Highway Department how much property is required for an interchange and where that interchange would be located if it were approved. He noted if there is not sufficient area or if there are several property owners involved who are not interested in I such an interchange, it may not be worthwhile for the City to pursue the issue. The Mayor requested that this item be placed on next week1s agenda for further discussion. Continued discussion - street salting strategies Acting City Manager Barrick reminded the Commission that this item was discussed at the December 2, 1985 meeting and was continued to this date. He then submitted to the Commissioners additional information from Director of Public Service Holmes on various alternatives. Commissioner Jordan indicated that he would prefer to have an opportunity to review the information just submitted to the Commission prior to further discussion and requested that this item be deferred for one week. The Commissioners concurred; and Mayor Weaver requested that this item be placed on next week's agenda for further discussion. Ordinance No. 1195 - Capital Improvement Program Appropriation Ordinance Acting City Manager Barrick presented Ordinance No. 1195, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EX- PENDITURES FOR THE PERIOD JULY 1, 1985 THROUGH JUNE 30, 1986. Acting City Manager Barrick reminded the Commission that the Ordinance was provisionally I adopted on November 12; and the public hearing was conducted on December 2, 1985. He then recommended that the Commission finally adopt Ordinance No. 1195, appropriating monies for the Capital I mprovement Program, at this time. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1195, appropriating City funds for various capital item expenditures for the period July 1, 1985 through June 30, 1986. 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. Ordinance No. 1196 ~ Energy Conservation Capital Improvement Program Appropriation Ordinance Acting City Manager Barrick presented Ordinance No. 1196, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1196 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS ENERGY CONSER- VATION CAPITAL IMPROVEMENT PROJECT ITEM EXPENDITURES FOR FISCAL YEAR 1986. Acting City Manager Barrick reminded the Commission that the Ordinance was provisionally adopted on November 12; and the public hearing was conducted on December 2, 1985. He then recommended that the Commission finally adopt Ordinance No. 1196, appropriating monies for the Energy Conservation Capital Improvement Program, at this time. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1196, appropriating City funds for various energy conservation capital improvement project item expenditures for Fiscal Year 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 12-16-85 481+ Ordinance No. 1197 - Zone Code Amendment - amendinq Sections 18.56.020, 18.56.030 and 18.56.100 of the Bozeman ~unlclpal Code, re townhouse developments Acting City Manager Barrick presented Ordinance No. 1197, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.56.020 AND 18.56.030 PROVIDING FOR I TOWNHOUSE DEVELOPMENT IN THE R-l, R-2 AND R-2-A SINGLE-FAMILY RESIDENTIAL DISTRICTS AND AMENDING SECTION 18.56.100 PROVIDING FOR COMMON OPEN SPACE IN TOWNHOUSE DEVELOPMENT IN THE CITY OF BOZEMAN. Acting City Manager Barrick reminded the Commission that the public hearing on this Zone Code Amendment was held on December 2; and the Amendment was approved on December 9, 1985. He then recommended that the Commission provisionally adopt Ordinance No. 1197 at this time, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1197, amending Sections 18.56.020 and 18.56.030 of the Bozeman Municipal Code regarding townhouse developments, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voti ng No, none. Commission Resolution No. 2587 - Certifying delinquent SlDls to the County Acting City Manager Barrick presented Commission Resolution No. 2587, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2587 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT IN- STALLMENTS DUE AND PAYABLE NOVEMBER 30, 1985, AND UNPAID AS OF THAT DATE, DELINQUENT, AND DECLARING ALL PAYMENTS OF SUBSEQUENT I SPECIAL ASSESSMENT INSTALLMENTS FOR THE ABOVE-NAMED DELINQUENT ASSESSMENTS, UNPAID AS OF NOVEMBER 30, 1985, ALSO DELI NQUENT , PURSUANT TO SECTIONS 7-12-4182 AND 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTER 2.32 OF THE BOZEMAN MUNICIPAL CODE. Acting City Manager Barrick recommended that the Commission adopt Commission Resolution No. 2587, certifying the delinquent SID assessments to the County. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2587, certifying delinquent Special Improvement District assess- ments to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Commission Resolution No. 2588 - Certifying relevied delinquent SIDls to the County Acting City Manager Barrick presented Commission Resolution No. 2588, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2588 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN AU- THORIZING THE DIRECTOR OF FINANCE TO RECERTIFY TO THE GALLATIN COUNTY TREASURER THOSE SPECIAL ASSESSMENTS RELEVIED AND RE- ASSESSED BY PRIOR COMMISSION ACTION AND SUBSEQUENTLY CERTIFIED TO THE GALLATIN COUNTY TREASURER AS DELINQUENT IN 1982, 1983 OR 1984. I Acting City Manager Barrick recommended that the Commission adopt Commission Resolution No. 2588, certifying relevied delinquent Special Improvement District assessments to the County. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion adopt Commission Resolution No. 2588, certifying relevied delinquent SlDls to the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, 12-16-85 485 Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Review of By-Laws for Audit Committee Acting City Manager Barrick reminded the Commission that Mayor Weaver had requested this item be placed on the agenda. I Mayor Weaver noted that rather than being By-Laws, the document defines the Structure, Role and Scope of the Audit Committee. He then noted that this document provides for a four~ member committee, with two being Commissioners and two being citizen members with some exper- tise in finance, accounting or management. He suggested that the Commission may wish to re- vise the composition of the committee to contain either three or five members, which are much more common numbers. The Mayor then asked if the Commission wishes to restructure the Audit Committee prior to making any appointments. Commissioner Mathre noted that a four-member committee is not usually considered wise; and most committees are usually set up to avoid the possibility of tie votes. Commissioner Vant Hull indicated she would prefer to table any action on this item until after the new Commission has been seated. Commissioner Mathre stated that committees usually review their own structure and submit recommendations to the Commission. She suggested that the Audit Committee should possibly review this document at the next meeting, which will probably be in March, and then submit its recommendations to the Commission. Commissioner Jordan stated he has no problem with a four-member committee that has no power but which only submits recommendations to the City Commission. It was moved by Commissioner Vant Hull, seconded by Commis,sioner Anderson, that the Commission table action on any revisions to the Structure, Role and Scope of the Audit Committee until a recommendation is received from the Audit Committee. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, I Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Appointments to Board of Adjustment Acting City Manager Barrick reminded the Commission that this item was deferred at last week's meeting until this week, when a full Commission is present. Commissioner Vant Hull nominated George McClure to replace Leo Hoffart on the Board of Adjustment. Commissioner Jordan then nominated John Wadhams to fill that vacancy. Commissioner Vant Hull then suggested that the Commission table action on this appointment until after the new Commission has been seated. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table appointment of a new member to replace Leo Hoffart on the Board of Adjustment until after the new Commission has been seated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson and Commissioner Mathre; those voting No being COlTlmissioner Jordan and Mayor Weaver. Appointments to Cemetery Board Acting City Manager t3arrick reminded the Commission that this item was deferred at last week's meeting until this week, when a full Commission is present. Commissioner Vant Hull indicated that she would prefer to have a citizen member fill this appointment rather than have two persons involved with monument sales and setting on that Board. Commissioner Mathre stated that she has spoken with City staff members about any possible I conflict of interest for those two individuals. She noted that those members have abstained from voting on any items which would affect their businesses, such as the fees for setting of headstones; and they seem to have more interest in what is happening with the cemetery because of their businesses. Commissioner Vant Hull noted she had spoken with a member of the Cemetery Board who said that discussions might be freer and fuller without industry representation present. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission appoint Del Samson to replace Chuck Molyneaux on the Cemetery Board with a three-year 12-16-85 ------- 485 term to expire December 31, 1988. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Anderson; those voting No being Commissioner Mathre, Commissioner Jordan and Mayor Weaver. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table appointment to the Cemetery Board until after the new Commission has been seated. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Anderson; those voting No being Commissioner Mathre, Commissioner I Jordan and Mayor Weaver. It was moved by Commissioner Mathre, seconded by Commissioner Jordan, that the Commission reappoint Chuck Molyneaux to the Cemetery Board with a three-year term to expire on December 31,1988. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Jordan and Mayor Weaver; those voting No being Commissioner Vant Hull and Commissioner Anderson. Appointments to Zoning Commission Acting City Manager Barrick reminded the Commission that this item was deferred at last week's meeting until this week, when a full Commission is present. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion appoint Melvin P. Howe to replace Ted Metzger on the Zoning Commission, with a two-year term to expire on December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. Discussion - FYI Items Acting City Manager Barrick presented to the Commission the following "For Your Informa- tion" items. (1) A copy of the page from the I nterlocal Agreement which provides for appointment of a Citizensl Advisory Committee to provide additional local input on transportation planning. I Commissioner Anderson requested that a discussion on the possible formation and com- position of such a committee be placed on next week's agenda. (2) A press release from the Montana Automobile Association (AAA), indicating that Bozeman has received the Pedestrian Safety Citation for going without a pedestrian fatality for two years. (3) A notice of public hearing before the Public Service Commission for the requested water rate increases, to be held in Bozeman on Tuesday, January 7, 1986. (4) The agenda and packet for the City-County Planning Board meeting, which was held on Thursday, December 12, 1985. (5) A letter of resignation from the City-County Planning Board, submitted to the County Commission by Joel Shouse. Commissioner Vant Hull expressed concern about the reason for Mr. Shouse's resignation, noting that he resides in County Zoning District No.2, which will be dropped from the City- County planning jurisdiction at the time new zoning regulations are adopted for that district. She questioned why a zoning district should be allowed to operate without City-County planning review procedures while being located within the jurisdictional area. She then asked that the City Attorney review this item to determine if the City can take any action to keep the zoning district within the planning jurisdiction. City Attorney Crumbaker-Smith indicated that she has discussed this matter with the County Attorney's office. She then stated that she will review the City Commission's powers and jurisdiction when a county zoning district is involved. I Commissioner Jordan noted that the county zoning district was included in the newly revised Master Plan and expressed concern about it being removed from that plan through activating of the county zoning district. Commissioner Vant Hull then indicated that the last legislative session changed the manner in which the ninth member is appointed to the City-County Planning Board and asked that the City Attorney review the State Statutes. 12-16-85 487 (6) Commissioner Mathre noted that the Commission should write letters thanking those who are retiring from the various boards and commissions. Mayor Weaver asked Commissioner Anderson to draft a letter of thanks from the Commission to those who have served on the various boards and commissions. (7) Commissioner Mathre asked Commissioner Jordan if he will be prepared to report on the NLC Congress of Cities at next week's meeting. Commissioner Jordan indicated that he will I prepare a written report, to be submitted at next week's meeting; and he will verbally address items if the Commission so desires. Consent Items Acting City Manager Barrick presented to the Commission the following IIConsent Items. II Approval of loans for Community Development Block Grant Program as recom- mended by the Loan Review Committee Claims It was moved by Commissioner Jordan, seconded by Commissioner Mathre, 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 Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Recess - 6:02 p.m. Mayor Weaver declared a recess at 6:02 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 Montana State o. 1243, in the This was the time and place set for the public hearing on the Conditional Use Permit requested by the Endowment and Alumni Foundation, Montana State University, to allow a Research Technology Park on a portion of Tract C of Certificate of Survey No. 1243 located in the north- east one-quarter and northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. This tract is more commonly known as being located south of West College Street. The Acting City Manager noted that the Zoning Commission has not yet conducted its public hearing on this item and recommended that the Commission open and continue its public hearing until a recommendation is received from the Zoning Commission. Mayor Weaver opened and continued the public hearing until such time as a recommenda- tion is received from the Zoning Commission. This was the time and place set for the public hearing on the Conditional Use Permit requested by Corbin Ross for A. E. McChesney to allow a 28-foot by 38-foot addition to the existing commercial building on Lot 18A of McChesney Industrial Park Addition. This site is I more commonly known as 618 West Griffin Drive. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He noted the existing struc- ture at 618 West Griffin Drive contains several commercial ventures; and the proposed 1,064- square-foot addition would be utilized by a fly and tackle shop known as The River's Edge. The Assistant Planner stated the subject parcel is located in a B-2- T District, which requires the conditional use procedure. He noted that three items are reviewed under the IITII designation in this area: (1) sufficient landscaping, and buffering to other zoning districts; (2) signage; 12-16-85 483 and (3) access to the central sewer system. He stated that review of the proposal indicates that the applicant will meet all of those items. Assistant Planner Skelton then reminded the Commission that in September 1982, a Condi- tional Use Permit for the existing extension to the south was approved, subject to nineteen conditions; but thirteen of those conditions have not been installed or completed at this time. He indicated that, prior to approval of this Conditional Use Permit, the Planning Staff re- quested that the applicant submit a Letter of Credit to cover those conditions for on-site I improvements which had not been met for the previous Conditional Permit Use approval; and the applicant has submitted a cashier's check for those items. The Assistant Planner then reviewed the major items of concern for this Conditional Use Permit, noting there is no master plan for site drainage in this area but there is a drainage easement off-site. He then indicated that the Zoning Commission registered two concerns prior to submitting its recommendation for approval, subject to ten conditions. Those concerns addressed the letter of credit for the previous Conditional Use Permit; and the fact that those improvements were not installed within the required eighteen-month period. He noted that at the time the prior Conditional Use Permit was approved, an Improvement Agreement was not required, so the staff had problems with enforcing of the conditions. Planning Director Lere noted that the applicant resides out of the area; and his repre- sentative agreed to the conditions after occupancy had taken place. He indicated he is not certain that the applicant was informed of those conditions at that time; however, the applicant has submitted his letter of credit to cover the full costs of those improvements. Commissioner Anderson asked if the eighteen months listed for completion of improvements under this Permit refers to only this permit or both permits. The Planning Director indicated that all improvements for both permits must be completed within eighteen months after approval of this application. Mr. Corbin Ross, architect representing the applicant, indicated that the proposed addi- tion is to be completed during the Spring 1986; and all of the improvements will be installed at that time as well. He then indicated that the applicant is willing to comply with all of the I conditions recommended by the Planning Staff and the Zoning Commission. Mr. Greg Lilly, co-owner of The River's Edge, requested that the Commission approve the Conditional Use Permit application. He noted that his primary business is done with out-of-state and out-of-town customers; and he hopes to have the expansion completed prior to promotion of next year1s fishing season. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Gene Cook - allow construction of a 14, 700-square-foot structure for eight commercial spaces on a portion of cas No. 362 in the Triangle Area Annexation (2630 West Main Street) This was the time and place set for the public hearing on the Conditional Use Permit requested by Gene Cook to allow the construction of a 14,700-square-foot structure for eight commercial spaces on a portion of Certificate of Survey No. 362 in the Triangle Area Annexation. This site is more commonly known as 2630 West Main Street. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the subject parcel, which contains 1.55 acres, is currently zoned B-2 and is located just west of Stevenson's TV and Appliance. He noted that the 14, 700-square-foot structure will contain eight individual commercial spaces for lease ranging from 1,500 square feet to 3,300 square feet in size. He indicated that access to the site will be from existing accesses onto U. S. 191 with secondary I accesses onto West College Street. He stated that the Zoning Commission concurred in the Planning Staff's recommendation for approval, subject to nine conditions. Commissioner Jordan noted that on a prior application for a Conditional Use Permit along West Main Street, this applicant constructed a revised facility, but those changes were not approved by the City staff. He then asked if that possibility exists with this application as well. The Planning Director stated that one of the conditions for approval is that any changes be submitted to the staff and approved. 12-16-85 488 Mayor Weaver asked if the compaction requirements for the asphalt are to be placed on all Conditional Use Permits in the future or if this is an exception. The Assistant Planner stated that this is a unique site. with quite heavy traffic flowing from one major arterial to another major arterial; and the Engineering Officer felt that some compaction requirements should be placed on the project to assure that the paving will meet the traffic demands. Mr. Corbin Ross, architect representing the applicant, stated that the applicant has no I problems with the conditions recommended by the Planning Staff and the Zoning Commission. He then requested that the Commission waive the one-week waiting period because the applicant wishes to begin construction yet this year. No one was present to speak in opposition to the granting of the requested Conditional Use Permit. Mayor Weaver closed the public hearing. Commissioner Mathre noted one of the concerns expressed addresses storm water drainage. The Planning Director indicated that those items will be resolved with the Planning Staff and do not affect the decision process. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission waive the customary one-week waiting period, per the applicant1s request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission approve the Conditional Use Permit requested by Gene Cook to allow the construction of a 14, 700-square-foot structure for eight commercial spaces on a portion of Certificate of Survey No. 362 in the Triangle Area Annexation, subject to the following conditions as recommended by the Zoning Commission: 1. That the Final Site Plan include the proper location of sanitary sewer service, main and manhole, fire hydrants, wheelstops, property boundary lines and the correct site of the parcel, prior to final approval. I 2. That the final site drainage plan be reviewed and approved by the City Engineering Officer prior to the Final Site Plan approval. 3. That any revisions in the submitted landscape plan be reviewed and ap- proved by the Planning Staff prior to Final Site Plan approval. 4. That the Final Site Plan provide adequate information regarding compaction requirements of asphalt pavement and gravel base, and that the applicant submit to the City Engineering Officer proof of approved compaction. 5. That any use of signage on the property in question be submitted on the Final Site Plan for review and approval by the Planning Director prior to final approval. 6. That the developer enter into an Improvements Agreement with the City of Bozeman. The structure may not be occupied until all required im- provements have been installed and inspected and accepted by the City of Bozema n . If occupancy is to occur prior to the installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half (1 1/2) times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion. 7. That three copies of the Final Site Plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project for each phase. One signed copy shall be retained by the Building Department, one by the Planning Director and one by the appl icant. 8. That ai' on-site improvements (i .e.. paving, landscaping, etc.) shall be I completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved Final Site Plan. 9. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, 12-16-85 4~10 Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Public hearing - Conditional Use Permit - Daniel Ranieri for David and Carol Tubbesing - allow construction of an equipment sales building on Lot 22-0, Amended Plat of Lot 25 of Gordon Mandeville State School Section SUbdivision (2206 Lea Avenue) This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Daniel Ranieri for David and Carol Tubbesing to allow the construction of an equip- I ment sales building on Lot 22-D, Amended Plat of Lot 25 of Gordon Mandeville State School Section Subdivision. This site is more commonly known as 2206 Lea Avenue. Mayor Weaver opened the public hearing. Assistant Planner Dave Skelton presented the Staff Report. He stated the appl icant wishes to construct a 75-foot by 30-foot equipment sales building at 2206 Lea Avenue, which is located in an M-2- T district. He noted that the three items to be reviewed during the Con- ditional Use Permit procedure in this area have been reviewed; and those items have been met. He stated the plan indicates that the building is to be constructed on the north and east property boundaries; and the Planning Staff has recommended that the building be moved three feet from each property line. The Assistant Planner then stated that the Zoning Commission concurred in the Planning Staff's recommendation for approval, subject to eight conditions. Planning Director Steve Lere noted that Mr. Ranieri was present at the Zoning Commis- sion meeting and agreed to all of the recommended conditions. No one was present to speak in support of or in opposition to the granting of the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 7:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 12-16-85