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HomeMy WebLinkAbout1984-06-04 20U City Attorney Crumbaker-Smith indicated there are a few matters that still need to be resolved, such as street dedication, right-of-way, water rights. etc. City Manager Wysocki recommended that the Commission adopt Resolution No. 2507, intent to annex the Oak Street parcel, and set the publ ic hearing date for June 25, 1984. Commissioner Mathre asked whether this annexation request was out of submittal sequence. The City Manager indicated that it was, but that in order to meet the UDAG grant application deadline it was necessary that the Resolution be adopted at this time. I Commissioner Mathre inquired whether a public hearing is required on an annexation. City Attorney Crumbaker-Smith replied in the affirmative. Commissioner Jordan queried as to when the Commissioners had been polled regarding their support for this project. Mayor Weaver stated he felt that when the Commission adopted Commission Resolution No. 2506 authorizing the submittal of an application for UDAG funds for construction of the Felska/ Solvie convention/hotel center, it was a decision on the part of the Commission to support that appl ication process. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission adopt Resolution No. 2507, intent to annex the Oak Street parcel, and set the public hearing date for June 25, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Jordan. Appointment to Housing Committee City Manager Wysocki stated that four vacancies currently exist on the Housing Committee and these should be filled at this time. Mayor Weaver thanked all persons who had filed applications for this Committee and ex- pressed the Commission's appreciation for their interest. He noted that Commissioner Vant Hull had interviewed the applicants for the vacancies on this Committee and she had recommended four persons to fi" those vacancies. He stated with the concurrence of the Commission, those four I recommendations would be appointed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the . Commission appoint Lars E. Ericson, Wally Hansen, Gwen E. Salle and Pat Gober, to fill the exist- ing vacancies on the Housing Committee. 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 - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" , items. (1) A notice of the Arts Committee meeting to be held at 7:00 p.m. on Wednesday, June 6, 1984, at the Baxter Hotel. (2) A decision handed down from District Court concerning the Kwik Way properties. (3) Weekly construction reports from Thomas, Dean and Hoskins, Inc. Consent Items It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- I sion approve the items as listed above and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 06-04-84 . 2U1 Break - 4:45 to 4:50 p.m. Mayor Weaver declared a break at 4:45 p.m., to reconvene at 4:50 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued work session - goals assessment evaluation City Manager Wysocki stated the Commission had requested this item be placed on the I agenda for further discussion. Mayor Weaver stated he felt the step to be taken by the Commission at this time would be to categorize the listed goals into two separate headings -- "Continuing" and "Budgetary. II He reminded the Commissioners that all goals will begin with an understood lilt shall be the policy or goal of the City of Bozeman to .... II The following list was then prepared: CONTINUING GOALS AND POLICIES OF THE CITY OF BOZEMAN (NO SPECIFIC FUNDING ACTIO RE I 1. Community Development a. Housing. "..... pursue a balanced housing stock, e.g., mobile home park development, residential lots and low-income housing. II b. Implementation of Master Plan. II. . . .. implement the Master Plan, encouraging development within the city limits rather than in the fringe areas. c. Tourism. II. . ... actively encourage tourism in the community. II d. Maintain the downtown as the center of Bozeman. II. .. .. preserve the identity and integrity of the downtown Bozeman. II e. Historic zoning. ". . . .. develop historic zoning and regulations which encourage the preservation of our architectural heritage. II I 2. Transportation a. Traffic Master Plan. ". . . .. review, update and critically evaluate the Bozeman Area Transportation Plan. II b. Development to be self-supporting. "..... ensure that new develop- ment participates in the improvement of access roads. II c. Main Mall traffic safety. ". . . .. increase traffic safety at the inter- section of U.S. 191, West College Street and Main Mall." d. Improve traffic flow. ". . ... review possible methods to improve the traffic flow. II e. Alternative truck route. "..... reduce to a minimum the through .. truck traffic in downtown Bozeman, particularly on Main Street. II f. Review residential development road standards. ". . . .. review res- idential construction standards and time schedules for full develop- ment, with possible downward revision of road construction standards if desirable. II g. Paving streets. ". . . .. to pave more existing streets. II h. Sidewalks. "..... encourage development of sidewalks to be located in areas where needed. 3. Utilities a. Solid waste management. "..... pursue a county-wide landfill district and new landfill site in conjunction with alternative solid waste I disposal systems." b. Solid waste management. "..... investigate alternative garbage col- lection systems, including the role for the private sector. II c. Water inventory. ". . . .. participate in the development of a Gallatin drainage water inventory through support of agencies such as the Blue Ribbons Commission. II d. Development to be self-supporting. ". . . .. require that development be as self-supporting as possible, including major participation in the 06-04-84 202 \, extension of utility lines as it impacts on all utility systems of the City." BUDGETARY GOALS AND POLICIES OF THE CITY OF BOZEMAN (REQUIRING SPECIFIC FUNDING ACTION) 1. Community Development a. Developing amenities. ". . . .. encourage preservation of our natural I resources and environment, e.g., conservancy strips and view pro- tection regulations. II and "..... encourage quality construction and landscaping in all new developments. II b. Community development staff. II . . . .. contract for a community de- velopment person to prepare grant proposals for federal monies to be used in community development. II 2. Parks and Recreation a. Swimming program. II . . . .. make the swimming program self- sufficient. II b. Develop parks. ". . . .. prepare an inventory and identify specific parks for development, emphasizing use of volunteer resources. II c. Recreation program. II . . . .. define the City's role in recreation, in- cluding use of volunteer resources. II d. Water for irrigation. II . . . .. develop alternative sources of water for irrigation of publicly owned and developed lands where practicable. II 3. Transportation a. Eliminate use of salt on the streets. II . . . .. reduce or eliminate the use of salt for ice control on our streets. II b. Additional signing (stop signs and traffic signals at intersections). I ". . . .. investigate the need for improved traffic signing in order to improve traffic safety and traffic flow. II c. Bike paths. II . . ... develop a bike way system for the City. II 4. Utilities a. Secure an adequate water supply. II ..... acquire, as soon as prac- ticable, an additional 5,000 acre feet of water for the City water supply and to encourage water conservation by the community. II b. Lyman Creek project. II . . . .. protect the Lyman Creek water supply. II c. Maintenance and replacement of water supply. II ..... develop a util- ities capital replacement program, as differentiated from the mainte- nance and enhancement, or enlargement, of the system. II d. Maintenance of water distribution and sewer collection systems. ". . . .. maintain and upkeep existing water distribution and sewer collection lines. II e. Management of utility assets. II . . . .. develop a management plan for real property assets of all utility funds and use them to the best ad- vantage of the City and its taxpayers. II Recess - 5:55 p.m. Mayor Weaver declared a recess at 5:55 p.m. to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the work session on the goals assessment evaluation. I Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings and completing the work session on the goals assessment evaluation. 06-04-84 203 This was the time and place set for the public hearing on the Conditional Use Permit requested by Don Moorhead to allow construction of a structure for biological and integrated pest control and consulting sales and research in the application of biological and chemical pesticides I on Tract SA, Industrial Properties. This site is more commonly known as 1612 Gold Avenue. Mayor Weaver opened the public hearing. Planning Director Lere presented the staff report. He noted the proposed site is located on the corner of Bryant Street and Gold Avenue and is within the floodplain area. He stated however that the applicant proposes to build only on the western one-third of the parcel. Mr. Lere noted that the zoning regulations require two off-street parking spaces be provided for this size building. but that the applicant is providing seven spaces. He noted the City Engineering Officer reviewed the site plan with preliminary approval for drainage and sewer plans. Mr. Lere stated the Zoning Commission had recommended approval of this proposed use subject to seven conditions. one of them being that it meet all Federal and EPA requirements. Commissioner Anderson questioned whether there would be any disposal of this particular product. Planning Director Lere replied there would be no on-site disposal. Joe Gutkoski, representing the applicant, addressed the Commission and introduced Dr. Wendell Morrill, who spoke on behalf of the applicant. Commissioner Anderson asked Dr. Morrill to elaborate on the product to be manufactured and how many workers are anticipated to be employed. Dr. Morri II replied that a product to control mosquitoes would be manufactured. He indicated the firm would not be manufacturing any type of toxic product. Dr. Morrill stated they anticipated hiring four employees. Commissioner Jordan inquired as to whether the firm anticipated storing any waste materials. Dr. Morrill answered that there would be no excessive waste left over from their process 'and there would be no on-site disposal or storage of waste. I Ms. Hope Jones addressed the Commission and informed them that the product which is proposed to be manufactured has been on the market for ten years. She further pointed out that the bacteria used in the proposed process is already present in the environment and there would be no by-product from the proposed process. There was no one present to speak in opposition to the proposed Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. 8-2- T to B-2 - SWt of Section 11, This was the time and place set for the public hearing on the Zone Map Change requested by Maurice J. Klabunde to change the present zoning of 8-2- T to B-2 on the Southwest One-Quarter of Section 11, Township 2 South, Range S East, Montana Principal Meridian. This site is more commonly known as being located at the corner of West Koch Street and South 23rd Avenue. Mayor Weaver opened the public hearing. Planning Director Lere presented the staff report. He indicated the "T" designation on this particular site had been originally established to act as a buffer between the commercial and residential zones. He pointed out since the time that the "T" designation was established, the area located between the commercial zone and the highway has been rezoned to R-O, which is considered to be a buffer zone. Mr. Lere stated the Zoning Commission recommended that the proposed Zone Map Change be approved. Commissioner Vant Hull asked why the existing residential area located to the west of the I proposed change does not need protection. Planning Director Lere pointed out that the existing mobile home park is a nonconforming use and most likely will not remain as single family resi- dences. Mr. Steve Barrett, an attorney representing the applicant, addressed the Commission. He stated he concurred with the staff recommendation that the "T" designation be removed. He stated that the "T" designation has been removed from other properties in the immediate area. Mr. Mark Gi lIeland, manager of Wagon Wheel Park just west of the proposed change, addressed the Commission and stated he was unsure as to what the "T" designation meant. He expressed concern as to what is planned for the site in question. 06-04-84 201+ Mr. Barrett stated at this time there is no specific planned use for the property in question. Planning Director Lere explained that a "T" designation is attached to a piece of property so that any planned use will be reviewed to ensure that the proposed use will act as a buffer zone and not negatively impact the surrounding neighborhood. There being no further testimony, Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. I Public hearinq - Zone Map Chanqe - Maurice J. Klabunde - 8-2- T to B-2 - SEt of Section 11, T2-S, ~5E, MPM (2020 West Babcock Street) This was the time and place set for the public hearing on the Zone Map Change requested by Maurice J. Klabunde to change the present zoning of B-2- T to B-2 on the Southeast One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located at 2020 West Babcock Street. Mayor Weaver opened the public hearing. Steve Lere, Planning Director, presented the staff report. He stated the "T" designation had been placed on the property to provide a buffer between the commercial uses and the adjacent residential neighborhood. He indicated this area has experienced little change since the "T" designation was established. He noted the property does have a building on it, which contains space for five businesses. The structure currently has four businesses occupying it, with one space being vacant. Mr. Lere stated if the "T" designation is removed, uses substantially different than those previously approved would be permitted with no review. He informed the Commission that the Zoning Commission had voted to disapprove this request. Steve Barrett, an attorney representing the applicant, addressed the Commission and stated that testimony taken at the Zoning Commission had centered exclusively on whether a liquor establishment would be located on the property in question. He requested that the "T" designation be removed so that any use allowed in a B-2 zone, excluding a liquor establishment, could be established without a hearing. He noted that according to the Resolution recently I adopted by the Commission, a request for a liquor establishment in a B-2 zone would be required to have a public hearing. Planning Director Lere pointed out that there are a number of uses which would have a negative effect on the residential neighborhood if allowed to be established in this location. Mike Coil, an attorney representing Kroh Brothers Development, addressed the Commission. He stated that Kroh Brothers oppose the removal of the "T" designation. He noted there are a number of businesses which could go into a B-2 district which need review. He stated the "T" designation needs to stay in place for this reason. Mr. Coil stated that high traffic uses would have a severe effect on the adjacent mall and parking lot. He indicated there are restrictive covenants on this particular piece of property and he feels the applicant should abide by those covenants. Mr. Coil stated that some high traffic businesses could create a trash problem such as exists in Buttrey's parking lot. He further stated that a drainage problem does exist in the area and if traffic increases, the problem could be compounded if trash gets into the drainage system. He also noted that if a business which requires late evening hours goes into this site, the security would have to be increased at University Square Mall. Commissioner Jordan inquired whether Mr. Klabunde had purchased this property from Kroh Brothers. Mr. Coil replied in the affirmative. Mayor Weaver informed Mr. Coil that covenants are enforced by the Courts and not by the City. Bruce Mecklenberg, owner of the property on which JB's Restaurant is situated, addressed the Commission and voiced his objection to the "T" designation being removed from the requested I property. He stated he feels if a high traffic use is allowed at the questioned address, that JB's parking lot would probably be utilized by that business. He also cited the hazardous traffic flow that now exists in that area. Blair McGavin, store director at Albertson's, addressed the Commission and stated his opposition to the requested change. He stated the store's management would be concerned for the safety of its employees and patrons' children if a high traffic business were allowed in the site questioned. He also stated the traffic is now horrendous in the parking lot and that the 06-04-84 205 store tries to schedule the semi-trucks for night-time deliveries. He expressed concern that should the parking from the business which goes into the proposed site overflow into the University Square's parking lot, it would likely block the delivery route for the semi-trucks. Larry Gaffney, 111 South 20th, addressed the Commission and stated he felt that any business going into the proposed site should conform with the existing area. He stated he objected to the removal of the "T" designation. I Jim Townsend, 1921 West Olive Street, addressed the Commission and stated if the "T" designation is removed so that no review is required of any business allowed in the B-2 district, he feels it would eliminate the buffer between the existing commercial zone and the residential neighborhood. He stated he was opposed to the "T" designation being removed. Jerry Draper, representing JB's Restaurant, addressed the Commission and stated opposi- tion to the proposed change. Steve Barrett again addressed the Commission to respond to the comments made by the protesters. He stated that traffic and safety are real problems but that proper management control of the parking lots should resolve these problems. Commissioner Vant Hull inquired whether there would be any situation under the Resolution approved last week by the Commission which would require any use to conduct two public hearings. Planning Director Lere replied in the negative. There being no further testimony, Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. B rea k - 8: 00 to 8: lOp. m . Mayor Weaver declared a break at 8:00 p.m., to reconvene at 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued work session - goals assessment evaluation The Commission continued with their efforts to categorize the previously set goals under I the two major headings of "Continuing" and "Budgetary" and the following list was prepared. CONTINUING GOALS AND POLICIES OF THE CITY OF BOZEMAN (NO SPECIFIC FUNDING ACTION REQUIRED AT THIS TIME) 4. Governmental operations a. Continue openness in government. " . . . .. maintain and enhance openness in government." b. Maintain fiscal accountability. "..... maintain fiscal accountability and fiscal responsibility." c. I ntergovernmental cooperation. " ..... take further steps to improve government cooperation among, particularly, the City, County, School District and Montana State University." d. Affirmative action in City personnel policy. " . . . .. take steps to ensure that affirmative action is carried out in City personnel pol- icies and the conduct of City affairs." e. Energy conservation in City faci I ities. " . . . .. continue efforts in more fully meeting energy conservation policies." f. Joint purchasing efforts with City, County and School District. " . . . .. review joint purchasing arrangements to seek out areas of improvement." g. Increase community communication through more effective community relations, community input meetings, and citizen advisory committees. I 5. Alternative Revenue Sources a. Development to be self-supporting. " . . . .. encourage that develop- ers bear the costs of public improvements for their developments." 6. Other a. Continue City services at the current level. " .. . .. at least maintain the existing levels of City services." 06-04-84 206 b. Hazardous materials legislation. II..... adopt a hazardous materials policy for Bozeman.1I c. Better communications among Commissioners. II.. . .. improve com- munications among the Commissioners. II BUDGETARY GOALS AND POLICIES OF THE CITY OF BOZEMAN (REQUIRING SPECIFIC FUNDING ACTION) 5. Governmental operations I a. Personnel increase in specific City departments. II. . ... review staffing levels of all City departments to determine if the best effi- ciency may be obtained by adding personnel. II b. Well system. II. . . .. develop a complete well system to eliminate the need for ice breaking in Bozeman Creek. II c. Equip Police and Fire Divisions adequately. II..... equip adequately the public safety divisions of the City. II d. Public library. II.. .. encourage support from all resources of the public library services. 6. Alternative Revenue Sources a. Effective legislative lobbying. II.. ... support legislation to further funding for support of local government operations. II b. Find ways and means to have all people who use City services pay for them. II. . . .. move toward equalization of costs in relation to user fees. II Mayor Weaver stated after review of the new list separating the goals into the two cate- gories, priorities can then be established regarding this year's budget. Commissioner Vant Hull stated she felt the County should be approached regarding support of a two cent gas tax. She also expressed the opinion that a tax increment district should be I established to support the downtown area. Mayor Weaver requested that Commissioner Vant Hull prepare a preliminary report on these two matters, which reports can then be reviewed and dis- cussed by the Commission at a future date. Adjournment - 8:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: ~~ /Zt;7/nuvu/ Acting lerk of the Commission I 06-04-84