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HomeMy WebLinkAbout1984-02-27 U64 MINUTES OF THE MEETI NG OF THE CITY COMMISSION BOZEMAN, MONT ANA February 27, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 27, 1984, 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 Sull ivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meetings of February 14 and February 21, 1984 were approved as corrected. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5. 1983; February 6, 1984; and the special meeting of November 26, 1983 was deferred unti I a later date. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Decision - Conditional Use Permit - Michaela Shyne - allow construction of sixteen-unit PUD on cas 666 in SectIOns 7 and 18, T2~, R6E, MPM (719 Soutf) Church Avenue This was the time and place set for the decision on the Conditional Use Permit requested by Michaela Shyne to allow construction of a sixteen-unit Planned Unit Development on Certificate of Survey No. 666 in Sections 7 and 18, Township 2 South, Range 6 East, Montana Principal Meridian. This property is more commonly located at 719 South Church Avenue. City Manager Wysocki stated the Zoning Commission has recommended conditional approval of the Conditional Use Permit. The City Manager then recommended the Commission approve the Conditional Use Permit, subject to the conditions' submitted by the Zoning Commission and an I additional condition providing for installation of sidewalks along South Church Avenue. Citing the fact that the extension of East College Street would be very expensive due to the physical constraints of three stream crossings, covering or relocating the stream for approximately 500 feet, a major change in grade from South Church to Highland Boulevard, and the fact that present residences now encroach on the right-of-way at South Black Avenue, the City Manager recommended that the Commission also request the Technical Advisory Committee to review the Transportation Plan and the City-County Planning Board to review the Master Plan, considering the possibility of eliminating the proposed right-of-way for the extension of East College Street and possibly providing a proposed right-of-way for extension of another street between South Willson Avenue and South Church Avenue. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Technical Advisory Committee and City-County Planning Board be requested to look at the Transportation Plan and Master Plan, respectively. and the issue of extending East College Street, considering the Commission's intention to not extend the street, but to look at other alternatives. 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. Commissioner Vant Hull stated she supports elimination of the proposed extension of East College Street because it would require three stream crossings, as well as covering or moving some 500 to 600 feet; and it appears that unless East College Street were extended to Highland Boulevard, it would have a diminished value in comparison to the costs involved. I Commissioner Jordan noted the City does not have the necessary funds to extend the street. Commissioner Anderson noted if the City had sufficient funds, the monies would be spent on other projects, rather than on the extension of East College Street. Commissioner Mathre stated in 1979, when the City considered the possible extension of East College Street between South Black Avenue and South Rouse Avenue, adverse comments were received from the residents in the area due to disruption of the streams. 02-27-84 U65 Mayor Weaver stated he supports elimination of the proposed extension of East College Street for the same reasons cited by the Commissioners, as listed above. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Michaela Shyne to allow construction of a sixteen-unit Planned Unit Development on Certificate of Survey 666 in Sections 7 and 18, I Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: 1. That the structures be set back a minimum of five feet from the common walkways. 2. That a floodplain permit be obtained if required and that detailed floodplain information be submitted to the Engineering Officer to ensure compliance with the Bozeman Floodplain Regulations. All activity within the designated floodplain must also be reviewed and approved by the Fish, Wildlife and Parks Department prior to final site plan approval. 3. That the access and paving plans be reviewed and approved by the City Engineering Officer prior to final site plan approval. 4. That the detailed drainage plans be submitted for review and approval by the City Engineering Officer and Fish, Wildlife and Parks Department prior to final site plan approval. 5. That the exterior security lighting be scheduled as to not reflect light onto adjoining residential properties. 6. That the location of mail drop facilities be reviewed and approved by the City Engineering Officer and Postal Service prior to final site plan approval. 7. That the developer enter into an Improvements Agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled improvements, the developer shall provide a method of security equa I to one- and one-half times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates and final site plans. 8. That three (3) copies of the final site plan containing all the conditions, I corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a Building Permit for the project. One (1) signed copy shall be retained by the Building Department; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 9. All on-site improvements (i. e., paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of the approval of the Conditional Use Permit as shown on the approved final site plan. 10. 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 wi II be permanently renewed. 11. That the developer install sidewalks to the City.s specifications along the South Church Avenue property boundary. 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 - request for permission to close Main Street - King Gallatin Corporation - Saturday, August 4, 1984 between 5:30 and 8:30 p.m. I City Manager Wysocki presented to the Commission a request submitted by King Gallatin Corporation for permission to close Main Street on Saturday, August 4, 1984 between 5: 30 p. m. and 8:30 p.m., to conduct "A Taste of Bozeman" in conjunction with Sweet Pea 184. The City Manager stated Ms. Laurie Schultz submitted a letter just prior to the Commission meeting requesting that the date be changed to Wednesday, August 1, 1984 between 5: 30 p. m. and 8: 30 p.m. He noted Ms. Schultz has also indicated the proceeds from this event will be donated to the Beall Park Arts Center, which alleviates the profit status of the activity. City Manager Wysocki then stated he has talked to Mr. Dick Miller, State of Montana Department of Highways, 02-27-84 U66 concerning the change of dates and the nonprofit status of the activity. He then gave the Commissioners copies of a proposed letter addressed to Mr. Dick Miller, stating the conditions that would be attached to approval and which Mr. Miller has indicated would be acceptable to the Highway Department. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the closing of Main Street on Wednesday, August 1,1984 between 5:30 p.m. I and 8:30 p.m. for IIA Taste of Bozemanll in conjunction with Sweet Pea '84, contingent upon approval by the State of Montana Department of Highways and in compliance with the following conditions as submitted by the City Manager: 1. A detailed traffic control plan be provided to the Montana State Highway Department at least thirty (30) days prior to the event. 2. Security persons be placed, one at Rouse and one at Grand, where they intersect with Main Street. This security is to be paid for by the re- questing agency. 3. It is understood that the City Commission will not approve any event that is for profit. 4. Two events of not more than one day in duration may be scheduled per year, one of which is the Christmas Stroll. 5. At the conclusion of each event, a review will occur with all parties con- cerned to critique the event in an effort to provide this activity in the best manner possible. 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 voting No, none. Request - permission to lease Lindley Park on August 3, 4 and 5, 1984 for Sweet Pea 184 activities City Manager Wysocki presented to the Commission a request for permission to lease I Lindley Park on August 3, 4 and 5, 1984 for Sweet Pea '84 activities. The City Manager noted the Commission has leased the park for Sweet Pea activities in the past at a lease price of $50.00 per day plus costs for additional police protection. He then recommended that the Commission approve the request and direct the staff to prepare a lease similar to the previous leases, and containing the provision that the lease payment be made prior to the start of the Sweet Pea events. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the request for permission to lease Lindley Park on August 3, 4 and 5, 1984 for Sweet Pea '84 activities; and authorize and direct the staff to prepare a lease similar to previous leases, and containing the provision that the lease payment be made prior to the start of the Sweet Pea events. 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. Preliminary Amended Plat review - Woodridge Subdivision (east of Wagon Wheel Road) This was the time and place set for review of the Preliminary Amended Plat for Lots 6, 7, 8, 17, 18, 19 and 24, Woodridge Subdivision, which lies east of Wagon Wheel Road. Interim Planning Director Mike Money presented the Staff Report. He stated the applicant for the Amended Plat is Rick Kerin on behalf of Clair Daines, representing the owners in the subdivision. The Interim Planning Director stated the Amended Plat will consolidate the lot along the creek which was originally established as open space with the six lots on the I cul-de-sacs of Heritage Drive and Silverwood Drive. He noted this consolidation will provide more back yard area for the six lots along the cul-de-sacs. He also indicated adequate park- land dedication has been provided in McLeod Park for this subdivision; and the subject lot Is not necessary to meet the open space requirements. The I nterim Planning Director stated the City-County Planning Board has reviewed the Amended Plat and recommended approval, subject to two conditions. Commissioner Anderson asked if the 35-foot setback from the stream bank will be required. 02-27-84 . .. U67 The Interim Planning Director stated the 35-foot setback must be observed. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Amended Plat for Woodridge Subdivision, subject to the following conditions: 1. That the ownership of the 1.044 acres of parkland to be dedicated as part of McLeod Park be deeded over to Gallatin County prior to Final Plat I approval. 2. That the Final Plat application contain all the certificates and information required in Section 3.3 of the Subdivision Regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Commissioner Jordan; those voting No, none. Mayor Weaver abstained because he owns residential property that will be affected by this action. Discussion - determination if Commission wishes to direct Plannin Staff to proceed with revisIOns to provl e t at a property a Jacent to major cree s t roug e permitted to develop at low-density residential capacity only City Manager Wysocki stated Commissioner Jordan had requested this item be placed on the agenda '. Commissioner Jordan stated Jerry Wells, Regional Fisheries Manager for the Department of Fish, Wildlife and Parks has indicated the three major waterways through Bozeman are Matthew Bird, Figgins and Bozeman (Sourdough) Creeks. He stated that after reviewing the slides during last week's public hearing, he feels the through waterways are one of Bozeman's greatest resources and should be protected, especially Sourdough Creek from Kagy Boulevard to East Story Avenue. He suggested that the east side of the stream be zoned for low-density resi- dential development only to alleviate as much impact on the streams as possible. The Commissioner also stated concern that medium- to high-density residential development in that I area could impact Sourdough Road and could force the City to upgrade the street in the future. Mayor Weaver noted consideration of the proposed revision will require an inventory of the fisheries and waterways in Bozeman as well as a review of the zoning along those waterways. City Manager Wysocki recommended the Commission direct this matter to the City-County Planning Board for review and a possible recommendation. Commissioner Vant Hull noted the Planning Staff does not have sufficient personnel or time to complete essential work which has been requested. She also stated that the former Planning Director left at the end of December; and hiring of a new Planning Director is not anticipated until April. She suggested a temporary or part-time employee might be hired to help alleviate the workload. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission direct the City-County Planning Board to complete a preliminary feasibility study on changing the zoning of areas adjacent to through waterways and an inventory of the existing zones along the streams, and a determination whether a change to low-density residential zoning would be compatible with existing uses. 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. for water overflow drain pipe . and Patricia . Nash City Manager Wysocki presented to the Commission an Easement and Right-of-Way Agree- I ment for construction and installation of a water overflow drain pipe for the Water Treatment Plant. He stated the proposed pipe would cross the property of John F. and Patricia H. Nash. City Manager Wysocki then stated the City Attorney has negotiated with the Attorney for Nashs, and the amount of $6,000.00 has been agreed upon as payment for this easement. The City Manager stated possible alternatives have been reviewed, and this proposal appears to be the best from cost and practical standpoints. He then recommended that the Commission authorize the Mayor to sign this Agreement and authorize payment of $6,000.00 from the Water System Revenue Bond issue proceeds to John F. and Patricia H. Nash. 02-27-84 .. --~ U68 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the Easement and Right-of-Way Agreement with John F. and Patricia H. Nash for the water overflow pipe at the Water Treatment Plant; and authorize payment of $6,000.00 from the Water System Revenue Bond issue proceeds for said easement. 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 voti ng No, none. I Update of propose'd Ordinance - re noise level City Attorney Crumbaker-Smith stated this update was requested by the Commission as a result of the complaints submitted by residents of the Gallatin Manor regarding The Sundance Saloon, and subsequent Commission action. The City Attorney stated she had requested the Police Division make an evaluation of the noise levels around the various establishments in Bozeman. She noted the Police Division borrowed a decibel meter to check the noise levels. City Attorney Crumbaker-Smith stated if an ordinance based on noise levels is adopted, the City must then purchase at least one decibel meter, at an approximate cost of $1,500.00 each; and some of the police personnel must be certified to operate the decibel meter. The City Attorney also stated she has a couple of model ordinances, but no ordinances which are currently in effect in other cities. She also noted enforcement of an ordinance based on noise levels will be difficult and subjective. Commissioner Jordan stated he feels the problem could be addressed through zoning. He noted existing establishments would not be affected by zoning restrictions, but the problem could be maintained at present levels. Commissioner Mathre asked if disturbing the peace charges could be used to help alleviate the problems. City Attorney Crumbaker-Smith stated disturbing the peace charges could be applicable in some situations. She noted in the case of loud music disturbances, the musician would be I cited rather than the owner of the establishment. City Manager Wysocki stated the staff will continue to pursue this matter, and submit additional information to the Commission as soon as possible. Discussion - FYI items City Manager Wysocki stated the Commission has received a "For Your Information" item from Interim Planning Director Money concerning the March 1, 1984 joint meeting with the City- County Planning Board and the County Commission. He noted minutes of the meeting of December 3, 1983 have been attached for the Commission's review. The City Manager then reminded the Commission the meeting will be at 7:00 p.m. in the Commission Room; and the meeting is open to the public. Commissioner Mathre stated she has distributed copies of a summary of the goals assess- ment ballots which have been received. She noted the town meetings are to begin next Tuesday evening. Mayor Weaver noted the Commissioners have incurred costs from the reception held for the Wysockis. He asked that the Commissioners submit monies to the Clerk of the Commission for disbursement as necessary. Commissioner Anderson thanked the Commissioners for attending the reception. She noted that a diverse and good group attended and that the flowers are at City Hall for the enjoyment of the City employees. Absence of Commissioner Jordan - April 2, 1984 I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the absence of Commissioner Jordan from the meeting of April 2, 1984 be authorized in compliance with Section 7-3-4322, M.'C.A. 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. 02-27-84 . U69 Consent Items City Manager Wysocki presented to the Commission the following items: Authorize Call for Bids - Street Sweeper Authorize Call for Bids - Elevator for Senior Citizen Center It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the items as listed above and that the appropriate persons be authorized I and directed to complete the necessary actions. 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 voting No, none. Adjournment - 5:00 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 Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I 02-27-84