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HomeMy WebLinkAbout1984-08-27 322 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA . August 27, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission R M .. B. oom, unlclpal UlI~i~9, August 27,1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson Commissioner Jordan C't M I . . ., I Y anager WYSOCki, City Attorney Crumbaker-Smith and Clerk -of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of si lence. . The minutes of the special meeting of August 17, 1984 were approved as amended; and the mmutes of the regular meeting of August 20, 1984 were approved as submitted. None of the Commissioners requested that any of the Consent Items be remo d f d. . ve or ISCUSSlon. Decision : ~onditional Use Permit - Michael Rodrique - allow construction of a light industrial rent;:! I bulldmg on Lot 7 A. Bomont Center Subdivision ( 1407 Gold Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by Michael Rodrique to allow construction of a light industrial rental building on Lot 7 A of the Bomont Center Subdivision. This site is more commonly known as 1407 Gold Avenue. City Manager Wysocki stated the Commission had conducted the public 'hearing on this item at last week's meeting. He then recommended that the Commission approve the Conditional Use Permit, subject to all of the conditions recommended by the Zoning Commission. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull. that the Com- mission approve the Conditional Use Permit requested by Michael Rodrique to allow construction of a light industrial rental building on Lot 7A of the Bomont Center Subdivision. subject to the following conditions, as recommended by the Zoning Commission: 1. An accurate scale will be indicated on the site plan. The west property line dimension scaling error and the southwest property line dimension I error will be corrected in accordance with the filed plat. 2. If the southern portion of the lot is to be utilized as a parking/loading area for trucks and trai lers, it shall be paved. 3. Six percent of the gross interior parking area must be landscaped. 4. The location and specifications for the sprinkling system must be in- dicated on the final site plan. 5. Appropriate areas for the storage of snow accumulations must be provided. 6. A drainage plan must be submitted for the approval of the City Engineer. 7. The access drive will be relocated in a manner perpendicular to Gold Street. A site plan will be submitted to the Engineering staff for their review and approval prior to final site plan approval. 8. The location of water and sewer services will be delineated on the site plan, including extension of services to Unit D and the extension of the water service line. 9. All utility easements with correct dimensions will be shown on the final site plan. Any easements in conflict with proposed construction shall be vacated prior to final site plan approval. A quit claim deed from Montana Power, Cable T. V. and Mountain Bell for abandonment of easement is re- quired. 10. Specific building elevations of Unit D (Phase ") will be submitted to the Planning Director to be reviewed for compatibility with Units A, Band C. 11. The developer will enter into an improvements agreement with the City of I Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (H) times the amount of the cost of the scheduled im- provements and their installation. Detailed cost estimates. construction plans, and methods of security shall be made part of that agreement. 12. Three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission must be submitted for review and approved by the Planning Director within six 08-27-84 323 mo~t~s of the. date of City Commission approval prior to issuance of a bUlI?lng permit for Phase I of the project. One (1) signed copy shall be reta~ned by the Build~ng In,spection Division, one (1) signed copy shall be retained by the Planning DIrector, and one (1) signed copy shall be retained by the applicant. 13. All on-sit.e improvements (i .e., paving, landscaping, etc.) and Phase I constructIon shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 14. The Conditional U:e Permit shall be valid for a period of only twenty-four I (24) mon~hs follOWing approval of the use. Prior to permanent renewal of the J?~rm/t .at the end ~f that period, the applicant must satisfy all the cond/t/O~s I~ the ~rantl~g of the permit including completion of Phase II. ~n on-sIte l.nspec,tlOn Will be made and a report made to the City Commis- sIon 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, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Decision - Conditional Use Permit - Tom Cotton - allow construction of a new restaurant on Lots 1 and 2. West Main Business Plaza. Trianqle Area Annexation (503 Professional Drive This was the time and place set for the decision for a Conditional Use Permit requested by Tom Cotton to allow construction of a new restaurant on Lots 1 and 2 of the West Main Business Plaza, Triangle Area Annexation. This site is more commonly known as 503 Professional Drive. City Manager Wysocki stated the Commission had conducted the public hearing on this item at last week's meeting. He then recommended that the Commission approve the Conditional Use Permit, subject to the conditions recommended by the Zoning Commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Tom Cotton to allow construction of a new restaurant on Lots 1 and 2, West Main Business Plaza, Triangle Area Annexation, subject to the conditions recommended by the Zoning Commission, as follows: I 1. Elevations and plans for the proposed sign will be submitted to the Planning Director for review and approval prior to final site plan ap- proval. 2. A minimum rear yard setback of eight feet (8') must be provided along the side (southern) property line. 3. Appropriate screening will be provided along West Main Street in ac- Cordance with the provisions of Section 18.62.120 of the Zoning Code. A site plan delineating such screening will be submitted to the Planning Director for review and approval prior to final site plan approval. 4. The underground irrigation system will be delineated on the site plan. 5. A landscaping plan for the internal landscaping of the parking area in compliance with the design criteria described in Section 18.62.130 of the Zoning Code will be submitted to the Planning Director for review and approval prior to final site plan approval. 6. The location of proposed water and sewer services, existing water and sewer mains, fire hydrants and manholes must be delineated on the final site. Curb dimensions will be relocated within the property lines. The north entrance approach will be relocated at a right angle to Professional Drive. A site plan delineating these changes will be submitted to the Engineering staff for review and approval prior to final site plan approval. 7. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (H) times the amount of the cost of I the scheduled improvements and their installation. Detailed cost estimates, construction plans and methods of security shall be made part of that agreement. 8. That three (3) 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. One (1) signed copy shall be retained by the Building Inspection Division, one (1) signed copy shall be 08-27-84 32~. reta!ned by the Planning Director, and one (1) signed copy shall be retaIned by the applicant. 9. All on-site i!"lP.rov~ments (i .e., paving, landscaping, etc.) shall be comp~eted withIn eIghteen (18) months of approval of the Conditional U PermIt. se 10. The Conditional Use Permit shall be valid for a period of only eightee (18) months followin.g approval of the use. Prior to the permanent n ren,ewal of the per~l~ at ~he end of that period, the applicant must ~atlsfy .all t~e condItIons In the granting of the permit. An on-site I Inspectlo~ will be made and a report made to the City Commission for t~elr 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 Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver' those voti ng No, none. ' Plat . ~eview - Woodbrook Townhouse P. U. D. Subdivision, Phase IV - Block 4 ddltlOn No. 4 corner 0 outh racy venue and of man Street ' This was the time and place set for the preliminary plat review for Woodbrook Townhouse Planned Unit Development Subdivision, Phase IV, located in Block 4 Thompson's AddT N 4 to th C" ' I Ion o. e Ity of Bozeman. This site is more commonly located at the corner of South Tracy Avenue and Hoffman Street. Assistant Planner Marcia Elkins presented the Staff Report. She noted the preliminary plat provides for seventeen townhouse lots on a 2. 506-acre tract lying within an R-3 zoning district. She indicated the density would be approximately seven units per acre. The Assistant Planner stated the applicant has requested a waiver of the Community Impact Statement and Environmental Impact Statement, in which the Planning Board concurred. The Assistant Planner stated the flood plain is a major concern for this proposed develop- ment. She stated the applicant has applied for, and received through the Board of Adjustment, a variance to the 35-foot setback from stream banks, which will allow the decks for some of the I townhouse units to extend into that 35-foot setback area. She indicated the applicant must obtain approval from the Fish, Wildlife and Parks Department for the proposed encroachments. She also noted any construction which is located within the 100-year flood plain must meet all flood plain regulations. Assistant Planner Elkins stated the City-County Planning Board recommended approval of the preliminary plat, subject to three conditions. Commissioner Vant Hull noted the installation of sidewalks was not addressed on this item. Commissioner Mathre stated the installation of sidewalks was discussed during considera- tion of the Conditional Use Permit; and that requirement was placed in the conditions for approval. Commissioner Vant Hull asked if this phase of the project will be required to observe the five-foot natural vegetative strip along the stream bank. Mr. Ken LeClair, applicant, indicated this phase will be required to comply with that ordinance. He also indicated the new owners will be made aware of the five-foot vegetative strip requirement. The applicant then requested that he be allowed an opportunity to work with City staff on installation of sidewalks, rather than requiring that the standard speci- fications be followed. City Manager Wysocki recommended that the Commission approve the preliminary plat, subject to the conditions recommended by the City-County Planning Board, and that the provi- sion for installation of sidewalks be added to Condition No.1. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Preliminary Plat for the Woodbrook Townhouse Subdivision, Phase IV, be approved subject to I the amended conditions recommended by the City-County Planning Board listed below, and that the requirement for Community Impact Statement and Environmental Impact Statement be waived. 1. That the sidewalks, paving, drainage, water and sanitary sewer lines be reviewed and approved by the City Engineering Officer prior to final plat approval. 2. That the developer enter into an Improvements Agreement guaranteeing the completion of all improvements. If the final plat is to be filed prior to their installation, the developer shall supply a method of security equal 08-27-84 325 to one and one-half (1 t) times the estimated cost of the scheduled improvements. 3. Copies of the covenants, maintenance agreements or homeowner association agreements shall be submitted for the review and approval of the Planning Director. 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; I those voting No, none. Discussion - memorandum from Recreation Advisory Board r.e revised recommendations City Manager Wysocki presented to the Commission the revised recommendations submitted by the Recreation Advisory Board, as follows: 1. The Department should become a City Recreation Department. The City shall seek cooperation from the School District and County for programs, funding and use of faci Iities and parkland. Cooperation for programs and funding should be done on a contractural basis. 2. We need to pursue the possibilities of financing the Department through the creation of a special district for recreation and parks. 3. Pursue the possibilities of set users' fee for anyone out of the city or special recreation district limits. 4. a. Immediate goal: Hire a qualified Recreation Director. b. On-going goal: Maintain and promote communication between the Park and Recreation Departments. c. Long-range goal: Combine the Parks and Recreation Department and have one director. 5. The Recreation Department needs to make available recreation for all ages and work closely with volunteer groups that offer recreation programs; promote new programs and help in finding sponsors or people to work with and administer the programs. The department shall maintain a c,-!rrent I master plan for recreation programming, site acquisition and facility development. 6. The Board shall act in an advisory capacity in all phases of recreation and facility development. It shall be appointed by the City Commission. It shall be comprised of nine members, five of whom shall reside within limits of the City of Bozeman. The School District and the County shall each recommend two potential board members for City Commission appointment. Mr. Erhardt Hehn, member of the Recreation Advisory Board, stated the Board avoided specifics on all of the recommendations except No.4, which prioritizes some specific goals. He also noted the Board revised No. 6 to provide that the County and School District have an opportunity to recommend potential members, with City Commission appointment, so that those entities feel they are more involved in the process. He noted having representation from the County and School District has provided valuable input, and that aspect should be maintained. Commissioner Anderson once again suggested that a public forum be conducted, with representatives from each of the three entities present. Ms. Peg Hines, member of the Recreation Advisory Board, stated a large sampling of public opinion on recreation has been solicited; and those with specific ideas have contacted the Recreation Department directly. She indicated a public forum would only be repetitious. She also noted one of Dick Pohl's classes this fall will work on developing an inventory of existing recreational facilities and possibly recreational needs. City Manager Wysocki stated the County Commissioners have agreed to contribute to administration of the Recreation Department and have indicated they feel it should be operated I as a City Recreation Department. He stated although the County has withdrawn from the Inter- local Agreement, two parties are still involved; and that agreement must be terminated if the City is to operate the Recreation Department. He suggested that he be directed to write a letter to the Superintendent of Schools, and possibly meet with him and the County Commission to discuss the future of the recreation program. Commissioner Vant Hull stated she feels the County and the School District should have an opportunity to review the Board recommendations prior to adoption by the City Commission. 08-27-84 326 Commissioner Jordan stated he feels the City should do whatever is necessary to assure that the County and School District will continue their contributions to the program. Mr. Doug Habermann, Regional Manager for the Fish, Wildlife and Parks Department, stated he is encouraged by the cooperation between the entities for recreation programs. He then stated the FWP Department is becoming more involved in urban recreational facilities and encourages residents of the area to utilize those facilities. Mr. Habermann suggested that their facilities be included in an inventory of recreational facilities in the area and stated the agency I has people willing to assist the City in developing additional facilities. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt, with gratitude, of the above-listed recommendations submitted by the Recrea- tion Advisory Board; authorize and direct the City Manager to explore the significance of those recommendations with the Superintendent of Schools and County officials; and direct the City Manager to submit a report within two weeks, along with recommendations for further action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant HuIJ, Commissioner Anderson and Mayor Weaver; those voting No, none. Review of draft letter to Urban Coalition re position on State lottery City Manager Wysocki presented to the Commission a draft letter prepared by Commis- sioner Vant Hull concerning the City Commission's position on the State lottery. Commissioner Anderson suggested a fourth reason be added indicating that if the cities were to accept this as a possible method of funding for local government, it might preclude seeking other options for funding which are more legitimate. She noted the information sub- mitted by a Billings representative at the Urban Coalition meeting indicates that the adminis- trative costs absorb a large portion of the revenues generated; and revenues to local govern- ments decl ine after the fi rst year of a lottery. Commissioner Mathre expressed concern about the suggestion that the City may drop out of the Urban Coalition if it supports a lottery. She noted in a democratic society, the majority I ru les . She suggested that at least a portion of the second set of questions and comments be deleted from the letter. Commissioner Jordan stated if the revenues generated by a lottery were earmarked for a specific use, he would support the lottery. It was moved by Commissioner Vant Hull, that the Commissioners sign the letter as drafted. The motion died for the lack of a second. Mayor Weaver indicated he will redraft the letter for Commission review at next week's meeting. Discussion - proposed amendment to annexation policy - re water rights City Manager Wysocki presented to the Commission a proposed amendment to the annexation policy regarding the acquisition of water rights. The City Manager stated the intent of this amendment is to allow more flexibility in utilization of cash-in-Iieu payments, to meet the intent of the annexation policy. He noted under the amendment, the monies could be utilized for water system improvements or expansion of the available water supply. He also indicated he had changed the initial phrase "Prior to annexation of (undeveloped) property....." because he feels all property utilizes water, including that which is fully or partially developed when annexed. Mayor Weaver suggested that the words "to expand the capability to provide water service" be added to specify how the monies would be utilized. Commissioner Vant Hull indicated she prefers the original wording, which is contained in the present annexation policy. Commissioner Anderson and Commissioner Jordan concurred. I Commissioner Mathre asked for an example of when a water system improvement would be better than acquisition of additional water rights. City Manager Wysocki indicated the monies could be used for items such as securing of the City's water source at Lyman Creek, expanding the reservoir capacity or providing a storage area for raw water. The Commission requested that the City Manager revise the proposed amendment and bring it back to the Commission next week for review. 08-27-84 327 B rea k - 5: 1 0 to 5: 1 7 p. m . Mayor Weaver declared a break at 5:10 p.m., to reconvene at 5:17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Application for Gaming License - one poker table - Scoop Bar - for period ending June 30, 1985 City Manager Wysocki presented to the Commission an application for Gaming License, I along with the required fee, on behalf of the Scoop Bar, for one poker table for the period ending June 30, 1985. The City Manager recommended that the Commission approve the application. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission approve the application for Gaming License submitted by the Scoop Bar for one poker table for the period ending June 30, 1985. 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. 1166 - vacation of various streets lying within the new hospital site City Manager Wysocki presented Ordinance No. 1166, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1166 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING PORTIONS OF GRANT STREET, BUTTONWOOD AVENUE AND GARFIELD STREET, LOCATED IN THE VALLEY VIEW ADDITION; GARFIELD STREET, SWITZlER STREET, AYLSWORTH STREET, HAYES STREET, GRANT STREET AND COLLEGE STREET, LOCATED IN THE CENTRAL ADDITION; CLEVELAND STREET AND CYPRUS AVENUE, lOCATED IN THE PROSPECT HilL ADDITION; AND SWITZLER STREET AND COLLEGE STREET, lOCATED IN THE DRUM LUMMON ADDITION, ALL IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki stated the Commission had provisionally adopted Ordinance No. 1166 on August 13, 1984. He then recommended that the Commission finally adopt this Ordinance at this time. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1166, vacating portions of various streets lying within the new hospital site. 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 - contract for services for Part One of a classification plan City Manager Wysocki presented to the Commission a proposal submitted by The Carl S. Becker Company, management and planning consultants in Denver, Colorado, for development of a classification. plan and compensation schedule. He indicated the proposal is divided into two parts, with the first part containing Phases I, II and III and the second part containing Phase IV. The City Manager stated the consultants will complete Part One at this time, which will provide classifications, job descriptions and the relationships of the various classifications; and Part Two could be completed at some time in the future if deemed desirable. He indicated the firm is currently in Billings for a similar project; and if they come to Bozeman at the same time, it could save on the travel expenses. City Manager Wysocki stated development of a classification plan is included in the Capital Improvement Program Appropriation Ordinance; and the proposal falls within the monies appropriated. He then requested that the Commission authorize him to enter into a contract for services for Part One only. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the City Manager to sign a contract for services with The Carl S. Becker Company for completion of Part One, containing Phases I, II and III, of the proposal for a classification plan, in an amount not to exceed $9,000.00. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 08-27-84 '328 Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter from the Bozeman Jaycees indicating plans to conduct a fund raiser for the Jerry Lewis Labor Day Muscular Dystrophy Telethon on September 3, 1984, by pushing their vintage fire truck along the parking lanes of various streets a specified distance for each dollar raised. (2) A copy of the chemical inventory forms utilized by Montana State University, sub- I mitted by Commissioner Jordan. (3) Weekly construction reports from Thomas, Dean and Hoskins, I nc., for the past two weeks for the water system improvements. (4) A reminder that next week's meeting will be held on Tuesday, September 4, 1984, in compliance with Commission policy established on AprilS, 1982. (5) A letter and brief report from Stephan Custer, MSU Department of Earth Sciences, concerning a DNRC application. He suggested that this item be included on next week's agenda for discussion. The Commission concurred in that suggestion. ~onsent Items City Manager Wysocki presented to the Commission the following Consent Items. for use of PA s stem in 80 ert Park - MSU football la ers and parents August 29,1984,6:30 to 7:00 p.m. ffle License - Ka a Cha ter Beta Si ma Phi _ November 13, 1984; to be raffled, shopping spree at Buttreys, a turkey and a ham - valued at $100 Application for Raffle License - Eagle's Lodge #326 - October 20, 1984; to be raffled , 270 Savage Rifle - valued at $169 Authorize City Mana er to si n - Easement and Ri ht-of-Way A reement for a sanitary sewer trunk line - Harry M. and ath een aum, Albert J. Michel and Ramona Michel McKean Authorize City Manager to sign - Change Order - 1984. Parking '':l1provements, Schedule I, Library Parkin Lot add wheelchair ramp Increase contract price by 500 . Authorize Ma or to si n - letters to Representatives Pat I on Marlenee and enators ax aucus an ohn cable T. V. legislation It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the items be approved 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 Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Adjournment - 5:30 p.m. .. . There being no further business to come before the Commission at thiS time, It was moved b C .. ner Vant Hull seconded by Commissioner Anderson, that the meeting be adjourned. y ommlSSIO , . . 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. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 08-27-84