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HomeMy WebLinkAbout1984-03-05 070 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 5, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Comm" R Municipal Building, March 5 1984 at 4.00 P m P ISSlon oom, I ' , ',... resent were Mayor Weaver, Commissioner Mathre, CommIssIoner Vant Hull, Commissioner Anderson Commissioner J d C. W k' A. . ' or an, lty Manager ysoc I, sSlstant CIty Manager Barrick City Attor C b . C ", ' ney rum aker-Smlth and Clerk of the ommlSSlon Sullivan. The meeting was opened with the Pledge of Allegiance and a pra b C " Mathre. yer Y ommlSSloner The minutes of the regular meetings of February 6 and February 27 1984 as corrected A t. , ' were approved . c /On on the mmutes of the regular meetings of October 3 17 and 31 1983. November 14 1983. De b 5 ' " . "cem er , 1983; and the special meeting of November 26 1983 d f untIl a later date. ' was e erred Mayor Weaver asked if any of the Commissioners wished to remove any of th C for discu' C .. e onsent Items sSlon. ommlssloner Jordan requested that the claims be d f ' , remove or dISCUSSion. Discussion - applicati f " on or grant for historical preservation officer City Manager Wysocki presented to the Commission a letter from Interim Planning Director Money concerning a grant for hiring of a local historical preservation officer. ' Interim Planning Director Mike Money stated the Montana Historical Society has made fund- ing available through a 70/30 percent grant for local communities. He stated the grant applica- tion is for hiring of a historical preservation officer to develop or establish historic zoning districts, to develop and implement regulations, to help homeowners and property owners in getting their properties listed on the National Historical Register, and to establish an educational program on tax incentives and rehabilitation of historic properties. I The I nterim Planning Director stated the proposed budget for the application is $36,872.80, which requires a local match of $10,761.84. He stated the match can include in-kind services or private funding. He then stated he has sent letters to local organizations requesting local participation in funding of the position. He indicated the Planning Staff is O.OOasking for about $3,000.00; and is willing to use a portion of their departmental budget to fund the difference between the amount raised and the $3,000.00 listed in the proposed budget. He noted the South Wi IIson Historical District has pledged $500.00. Interim Planning Director Money stated the historical preservation officer position would begin June 1, 1984 and would terminate June 1, 1985 under the grant. He also asked that an oversight committee consisting of five members be appointed as follows: one member or appointee each from the Zoning Commission, City-County Planning Board, Board of Adjustment, City Commission and Gallatin County Board of Commissioners. The Interim Planning Director indicated the position would be reviewed in February 1985; and the committee will submit a recommendation on whether to retain or eliminate the position. If the position is to be retained, the local governing bodies will then approve by-laws so the oversight committee becomes an official advisory committee. If the recommendation is to terminate the position, the individual will have an opportunity to com- plete all projects prior to June 1, 1985. The Interim Planning Director then requested that the Commission write a letter of support for the application to the Montana Historical Society, indicating that it is important to follow up on the historical survey which has been completed. He noted the deadline for the application is March 15, and he anticipates sending it on March 9 to meet that deadline. I Mayor Weaver asked if the historical preservation officer would utilize the information gathered through the historical inventory completed by Don McLaughlin during the past year. Mr. Money stated the information would be utilized as the basis for determining historical districts and developing regulations. Commissioner Anderson asked if local funding would be used for the position after the one- year grant has expired. Interim Planning Director Mike Money stated the City has the option of applying for another 70/30 percent grant next year if it wishes, or it may use local funding. 03-05-84 U7.1. Commissioner Vant Hull asked what credentials are required for the historical preservation officer position. The Interim Planning Director stated the requirements for the historical preservation officer have been established in the guidelines for the grant. He noted there are very specific and require education and experience in archaeology or history. Commissioner Vant Hull then expressed concern that the Planning Staff is now overworked, I and that hiring of a historical preservation officer will create an additional burden. Mr. Money indicated the historical preservation officer will be working with the oversight committee to establish historical districts and develop regulations during the first year. He also noted the proposed June 1, 1984 start date should allow time for hiring of a Planning Director, which will alleviate some of the existing workload problems in the Planning Department. Commissioner Jordan asked if the provision of approximately $7,000.00 in-kind services will delay action on specific work items contained in this year's budget. He noted the Planning Staff members are currently working long hours and questioned when they would have time to provide in-kind services. I nterim Planning Director Money stated the in-kind services will not create a drain on the Planning Department budget. He also indicated again the reason for the June 1 start date, after which the Planning Department will have attained a three-member staff. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion authorize and direct the Mayor to send a letter to the Montana Historical Society indicating the Commission's support of the application submitted by the City-County Planning Board for fund- ing of a historical preservation officer for a one-year period. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Proposed Commission Resolution No. - re sidewalk sales City Manager Wysocki presented to the Commission the proposed Commission Resolution I concerning sidewalk sales, as prepared by the City Attorney, entitled: PROPOSED COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A UNIFORM SIDEWALK SALE AND PROMOTION POLICY FOR THE CITY OF BOZEMAN, MONTANA. The City Manager noted the Bozeman Downtown Business Association had submitted a proposed Commission Resolution to the Commission at the February 21, 1984 meeting. He stated the staff and Commissioners had suggested changes to the proposed Commission Resolution, which have been incorporated in this Resolution. City Manager Wysocki then reviewed the changes which have been made. Commissioner Vant Hull asked if representatives of the Bozeman Downtown Business Associa- tion have reviewed the Resolution as proposed by the City staff. She indicated she feels the Association should be allowed an opportunity for input prior to adoption. City Manager Wysocki stated he will contact representatives of the Association for their input. The Commission requested this item be placed on next week's agenda for further discussion and possible adoption. Appointment to Audit Committee Mayor Weaver stated the By-Laws indicate the Audit Committee is to be comprised of four members, two Commissioners and two citizen members with financial expertise. He noted Harry I Newlon, President of First Bank, has been recently replaced by former Mayor AI Stiff. Also, Gi I Crain, Professor at MSU, has indicated his intent to resign from the Committee. The Mayor stated Gil has agreed to remain in a consulting position until after the next audit has been completed. Mayor Weaver then indicated the Commission must fill two vacant positions on the Audit . Committee, one Commissioner and one citizen member. He requested that action be deferred for a period of one week, to allow the Commissioners an opportunity to consider which member of the financial community they wish to suggest to fill the vacancy on the Audit Committee. 03-05-84 072 Claims City Manager Wysocki stated that Commissioner Jordan had requested this item be removed from the Consent Items. Commissioner Jordan stated the Expenditure Summary for the period ending January 31, 1984, indicates a large percentage of the amount budgeted for water in the Parks and Cemetery Divisions is still remaining in the budget. He asked if the projected cost of this line item is accurate or if it should be carefully reviewed. I Mayor Weaver asked the Commissioner to pursue his questions with the City Manager and, if needed, that this item be placed on the agenda for further discussion. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the claims be approved for payment as submitted. 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. Discussion - FYI Items City Manager Wysocki presented the following "For Your Information" items to the Com- mission: (1) A letter signed by residents of Darlinton Manor thanking the Commission for listing a sidewalk along North Fifth Avenue in the Capital Improvement Program. (2) A summary of the comments listed on the goals assessment ballots which have been received through Thursday, as prepared by Commissioner Mathre. The City Manager noted the town meetings will begin tomorrow night. Commissioner Anderson noted two classes will be completing goals assessment ballots as a part of their work. She suggested those ballots may be tabulated separately. (3) Weekly progress reports on construction from the consulting engineers. Consent Items City I February 1984 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the above-listed items, 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. Request for permission to sell poppies in the business districts; proclamation - "Poppy Days" - May 18-19, 1984 - American Legion Auxiliary, Gallatin Unit No. 14 Commissioner Jordan noted the proclamation contains a typographical error which changes the meaning of the proclamation. City Manager Wysocki recommended that the Commission concur in the Mayor's proclama- tion, as corrected. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commis- sion concur in the Mayor's proclamation, as corrected. 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. I Recess - 4:40 p.m. Mayor Weaver declared a recess at 4:40 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. 03-05-84 U73 Conti nued apartments This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Stephen Forte' to allow medical offices and apartments on Lot 7 of the LeClair Subdivision. This property is more commonly located at the northeast corner of the intersection of South Nineteenth Avenue and West Koch Street, and is more commonly known as I 1811 West Koch Street. Mayor Weaver opened the public hearing. Senior Planner Steve Lere presented the Staff Report. He noted the Commission had opened the public hearing at the February 21, 1984 meeting and continued the hearing until the Zoning Commission had submitted a recommendation. He then stated the Zoning Commission considered this application after the Board of Adjustment approved a variance to the 25-foot setback require- ments from South Nineteenth Avenue. The Senior Planner indicated the Zoning Commission has recommended approval of the Conditional Use Permit, subject to seven conditions listed in their Resolution. No one was present to speak in support of or in opposition to the granting of the Condi- tional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. - Corbin - allow two apartment buildin s on Lots 1, 2 and niversity This was the time and place set for the public hearing on the Conditional Use Permit re- quested by Corbin Ross for Buz Cowdrey to allow two apartment buildings on Lots 1, 2 and 3, Block 1, University Square Subdivision. City Manager Wysocki stated the Zoning Commission had opened and continued the public hearing on this request to aI/ow the applicant an opportunity to modify the proposed plans to address concerns expressed by Zoning Commission members. He then recommended that the City I Commission open and continue the public hearing until a recommendation has been received from the Zoning Commission. Mayor Weaver opened the public hearing. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Mayor Weaver continued the publ ic hearing unti I such time as a recommendation is received from the Zoning Commission. This was the time and place set for the public hearing on the Zone Map Change requested by the Evangelical Church to change the present zoning of A-S to R-4 on that tract of land located in the Southeast one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. This property is more commonly located on the west side of South Nineteenth Avenue, just south of the Montana State University Veterinary Research Laboratory. Mayor Weaver opened the public hearing. Interim Planning Director Mike Money presented the Staff Report. He gave a brief summary of the various requests which have been made for this parcel of land. He noted that on November 30, 1983, the Commission acknowledged receipt of a request for annexation of the 10. O-acre tract owned by Ralph K. and Steven R. Aaker which is being considered in this Zone Map Change request. On February 6, 1984, the Commission tabled indefinitely a Zone Map Change requested by the I Evangelical Church because the current appl ication had already been submitted to the Planning Staff. The I nterim Planning Director stated the parcel being considered has been enlarged to meet the concerns expressed by Montana State University because of its close proximity to the Animal Disease Control Center and the concerns expressed by the Zoning Commission regarding the proposed access onto South Nineteenth Avenue. He stated the Zoning Commission requested that the applicant meet with Montana State University and adjacent property owners to try to resolve the problems which had been listed. As a result of those meetings, a property exchange has been made with Montana State University; and the proposed plans for the site include a 300- 03-05-84 074 foot buffer str.ip from the Animal Disease Control Center. Interim Planning Director Mo stated the Zonmg Commission considered the new application and recommende ney . . approve the requested Zone Map Change after act. Ion h b d that the Commission as een taken on the a t' and the boundary definition for the Zone Map Ch h nnexa Ion request ange as been completed Interim Planning Director Money also indicated adequat. . A e access onto South Ninete th venue must be addressed. He noted the Master Plan suggests the extension . en westward to serve as a collector and the extension of Kagy Bo I d of Lmco/n Road I . u evar westward t arterial; but the Transportation Plan does not address the we t d . 0 serve as an Road or K s war extenSIOn of either Lincoln ~gy Boulevard. He noted the City-County Planning Board will discuss that item Senior Planner Steve Lere noted the Transportation Plan does not address . proposed. road extensions which lie outside the existing city limits. those roads or . CI~y Manager Wysocki noted the property must be annexed before a Zone Ma Ch city density may be approved. He noted a decision on the annexation . p.. ange to shortly after the Apri I 15, 1984 dead I ine for de I ' request IS anticipated . . ve opment of annexation criteria. Commissioner Anderson stated a letter from Dr You P f Ve . . . ng, ro essor and Head of the MSU t Research Lab, mdlcates that noise can create problems for the A. I D' C. n1ma Isease Control enter. She asked If the extension of Lincoln Road might create problems be f h . creased noise level in the area. cause 0 t e m- The Interim Planning Director stated the annexation report should a . . nswer many of the questions which have been raised on this matter. Commissioner Jordan expressed concern for public safety He also ask d 'f f . e I anyone rom MSU has indicated what actions must be taken to protect the A. I D' C n1ma Isease ontrol Center, as well as protect those in buildings in the immediate area. Mr. Clair Daines, 105 Silverwood Drive, member of the congregation, noted the request for annexation was submitted prior to the request for rezoning. He stated it is important that the process move forward because the sale of the property is contingent upon the appraisal; and the appraisal cannot be completed until the zoning is established. Mr. Daines stated that initially the Evangelical Church was not aware of any problems construction of a building close to I the Animal Disease Control Center might create. He noted the requested 300-foot buffer strip appears to be the national standard buffer for this type of facility. Mr. Daines then stated he feels the meetings between the property owner and the University have reached a good compromise; and the plans for development of the site are similar to the original plans. He noted that extension of Lincoln Road would provide an additional buffer for the Animal Disease Control Center and would be beneficial to the traffic flow in the area. Mr. Daines then stated the Evangelical Church is one of the five largest churches in Bozeman, with between 500 and 600 members. He indicated they have been meeting in the Seventh Day Adventist Church facilities for several years; but that facility is not large enough. He stated the initial construction will contain 15,000 to 20,000 square feet on the proposed site. Mr. Daines then noted the church has entered into an agreement to purchase ten acres, but needs only five acres. He also stated the R-4 zoning is not required for construction of a church, but it would create the most flexibility for future development of the tract. He indicated if the church does not utilize the entire parcel, it may sell five acres at some time in the future. City Manager Wysocki asked if the proposed R-4 zoning is the best zone for the area. Interim Planning Director Money stated the area is designated as a multi-use area in the Master Plan, which includes high- and medium-density residential, research and commercial uses. He stated construction of a church would be an appropriate use for the subject property. Mr. Bill Senecal, 521 South Willson Avenue, CPA and member of the Evangelical Church, stated the church wants to build close to the University so an extension of the Bethel College in I Minneapolis, Minnesota, can be located on the same site. He stated if the Bethel College exten- sion is located in Bozeman, the students wi II attend classes at MSU as well as on the church site. He also stated many MSU students attend the Evangelical Church. Mr. Senecal stated the church will maximize the use of its facilities. He also indicated the church may wish to sell a portion of the ten-acre tract in the future if it is not needed. Commissioner Vant Hull asked if the property might be used by the church or another organization to develop dormitories on a nonprofit basis. Mr. Senecal stated it is possible a tax-exempt nonprofit organization would construct 03-05-84 U75 dormitories. He noted if the dormitory rooms were rented on a profit-making basis, the struc- ture would be placed on the tax roles. City Manager Wysocki suggested the possibility of requiring a payment in lieu of taxes at any time any of the structures are used for other than church-related activities. Mr. Senecal stated the church would consider a payment in lieu of taxes. Mr. Craig Roloff, Montana State University, stated the University is satisfied with the I agreement that has been negotiated with the property owners. He noted the 30Q-foot buffer from the Animal Disease Control Center has been maintained, so development of the site" should create no problems. He then stated there is no relationship between Montana State University and the Bethel College extension. He noted students of the Bethel College extension will also be stu- dents of Montana State University, but there is no link between the two entities. Mr. Roloff then stated the University agrees that local access must be provided to the subject property. However, the University does not support the westward extension of Lincoln Road to serve as a collector. Mayor Weaver asked if the 300-foot buffer strip is adequate. Mr. Roloff stated the buffer strip should be adequate. He noted the disease control centers in Ames, Iowa, and Atlanta, Georgia, indicated the 300-foot buffer strip is sufficient. Commissioner Jordan asked if this Animal Disease Control Center meets the same standards as the one in Ames, Iowa. Mr. Roloff stated the rules and regulations which must be followed and the inspections which are completed at the site are very stringent. No one was present to speak in opposition to the granting of the requested Zone Map Change. Mayor Weaver continued the public hearing. He then requested that this public hearing be placed on a future agenda, immediately following the publ ic hearing on the annexation request submitted by Ralph K. and Steven R. Aaker for the subject parcel of land. Adjournment - 8:10 p.m. I There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 03-05-84