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HomeMy WebLinkAbout1983-09-19 289 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 19, 1983 ******************************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 19, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Commissioner Vant Hull was absent in compliance with Section 7-3-4322, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of September 12, 1983 were approved as corrected. Action on the minutes of the regular meetings of June 20, 1983 and August 22, 1983 was defer- red for a period of one week. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Anderson requested that the Information Item concerning the Brown and Caldwell study be removed for discussion. Award bid - S .1. D. No. 615 - sanitary sewer, Burrup Annexation This was the time and place set to award the bid on Special Improvement District No. 615, for the installation of a sanitary sewer in the Burrup Annexation. City Manager Evans stated the consulting engineers, Morrison-Maierle, Inc., and the Director of Public Service (Works) have reviewed the bids received. The City Manager concur- red in their recommendation that the Commission award the bid for Schedule I to White and McNeil Excavating, Inc., in the bid amount of $183,303.00; and award the bid for Schedule II to Bell and Associates, Inc., in the bid amount of $29,900.00; and recommended the Commission authorize reduction of the bond sa Ie from $400,000.00 to $300,000.00. The City Manager also I stated that award of the bids should be contingent upon closing of the bond sale; and no ex- penses are to be incurred until the bond closing. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the bid for Schedule I be awarded to White and McNeil Excavating, Inc., Bozeman, Montana, in the bid amount of $183.303.00, it being the lowest and best bid received, contingent upon closing of the bond sale; with no expenses to be incurred until the bond closing. The motion carried by the followi ng' Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the bid for Schedule II be awarded to Bell and Associates, Inc., Helena, Montana, in the ~id amount of $29,900.00, it being the lowest and best bid received, contingent upon closing of the bond sale; with no expenses to be incurred until the bond closing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize reduction of the bond sale from $400,000.00 to $300,000.00 and direct the staff to complete the bond sale closing at the reduced amount. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. Award bid - S. J.D. No. 632 - sewer, water and paving, Shawnee Industrial Park I This was the time and place set to award the bid on Special Improvement District No. 632, for the installation of the sewer, water and paving in the Shawnee Industrial Park. City Manager Evans stated the consulting engineer, Morrison-Maierle, Inc., and the Director of Public Service (Works) have reviewed the bids received. The City Manager stated all bids received were over the engineer's estimate; and there are not sufficient monies in the bond sale to cover the costs that would be involved. Morrison-Maierle, Inc., has requested that a decision on the award of bids on S. I. D. No. 632 be deferred for a period of one week to 09-19-83 30G allow them an opportunity to discuss the possible reduction of the scope of work to be completed in the Special Improvement District with the owner of the property involved. City Manager Evans then recommended the Commission defer action, as requested by the consulting engineer. I t was moved by Commi ssi oner Weaver, seconded by Commi ssi oner Anderson, that the Commission defer action on the award of the bid for Special Improvement District No. 632 for a period of one week. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - proposal to revise committee to review placement of life-size bronze of John Bozeman Commissioner Mathre stated that the Commission had referred this matter to the Library Art Advisory Committee on August 29, 1983. She stated that Donna Shanahan, a member of that Committee, has indicated it is difficult to get the members of the Committee together and has suggested that a different committee be selected to review this matter and submit a recom- mendation. The Commissioner stated she feels Mrs. Shanahan's suggestion is a good one and asked the Commission to consider that suggestion. Commissioner Anderson stated it now appears there will be no competing sculpture to be considered. She noted the Centennial Committee does not have sufficient monies to sponsor a sculpture and does not seem interested in raising the needed funds to fund the sculpture. Commissioner Weaver noted the important question is the appropriate place for the sub- ject sculpture. He stated the Committee would submit a recommendation on that matter for the Commission's consideration. Commissioner Mathre stated there is another question linked to this issue. She stated she has spoken to Beverly Knapp, Chairperson of the Library Board of Trustees, concerning the possibility of appointing an Art Advisory Committee to the City Commission, who would submit recommendations to the Library Board of Trustees when requested to do so. Mrs. Knapp I has indicated that she supports the proposal and will submit it to the Library Board of Trustees for their consideration. The Commissioner stated if the Commission accepts this proposal, the normal procedure for fill ing vacancies on boards and commissions will need to be observed. The Commission concurred that the proposed Art Advisory Committee should have three members. The Commission also concurred in Mrs. Shanahan's suggestion that she meet with George Mattson, Pat Noteboom and John McNeil, Park and Cemetery Superintendent, to discuss possible locations for the life-size bronze of John Bozeman, which will be donated to the City by Steven Schlegel. Discussion - public education program on self-government powers City Manager Evans stated that the Commission has discussed development of a public education program on self-government powers on several occasions. Commissioner Mathre stated she has contacted the League of Women Voters concerning the issue of self-government powers. She stated the Board of Directors will meet on October 3, 1983; and she and Doris Ward will attend that meeting to discuss the issue. After the Board of Directors has received information on the issue, they will reach a decision on whether they will promote a public education program on self-government powers. Mayor Stiff noted the Commission is to receive comments from the Acting City Attorney concerning the outline submitted to the Commission at last week's meeting. The Mayor then stated three separate requests have been received concerning informa- I tion on sel f-government powers. Those organizations have requested presentations on October 6, 7 and 10, 1983. He suggested that two Commissioners handle all of the speaking engagements if possible to assure that all groups receive the same basic presentation. Mayor Stiff then asked Sam Kimbrell if he feels it is essential that all groups receive the same presentation. Mr. Sam Kimbrell. Executive Director of the Chamber of Commerce, stated that the Chamber of Commerce has found that information on self-government powers is difficult to find. He noted that the City and the Chamber have probably 95 percent of all information on self- 09-19-83 . 301 government powers in Bozeman; and the Chamber has been unable to establish a position based on that information. Mr. Kimbrell stated the Chamber conducted a telephone survey and found that most of the people in Bozeman don't know what self-government powers are. He feels the Commission must make a concerted effort to get information to the people in Bozeman in every possible manner. He stated the Chamber of Commerce will help in any way possible to dissemj- I nate information on self-government powers. Mr. Kimbrell stated if all Commissioners were to give presentations, they may differ in the details, but the basic information would be the same. He noted it is important that the Commission present a unified position in this matter. Mr. Kimbrell then emphasized the magnitude of the job of educating the public in Bozeman prior to the November 8, 1983 election. Commissioner Anderson noted that Acting City Attorney Planalp had cautioned the Commis- sioners to be careful that they present the facts only and do not become advocates for self- government powers. Mr. Kimbrell stated the Chamber of Commerce is in the same type of situation. He then noted that linking the self-government powers and the hotel/motel tax could make the situation more difficult to deal with. Mr. Kimbrell stated that the telephone survey done by the Chamber indicated that the electorate would like to know what alternatives are available under self- government powers that are not available under general government powers and the positive and negative impacts those alternatives might have. Mayor Stiff requested this item be placed on the agenda next week for further discus- sion. Discussion - lay-down curbs in the downtown area; Bud et Amendment to transfer monies to cover cost 0 installation City Manager Evans presented to the Commission a memo from Director of Public Service (Works) Holmes indicating the cost of installing lay-down curbs has been quoted at $700.00 per I ramp for sixteen ramps, or $11,200.00 to complete the project through hiring a contractor. The City Manager also presented a Budget Amendment to transfer $765.81 from the Handicapped Parking Improvements Trust Fund and $10,434.19 from the Revenue Sharing Special Revenue Fund to the Street Division budget to cover the costs of installing the lay-down curbs. Commissioner Anderson noted the estimate of costs for installation of seventeen lay-down curbs submitted on February 14, 1983 was $4,250.00. She asked why the estimate now being submitted is so much higher. Mayor Stiff stated the City had originally considered having the the City crews do the work; and the current quote is to have the work bid out. The Mayor stated he is not comfortable with the increased cost to the City for installation of the lay-down curbs. He suggested the possibility of using City people to supervise individuals who are out of work but willing to work on this type of project. City Manager Evans stated that suggestion would create problems with the labor unions. He then stated the City crews do not have time to install the lay-down curbs prior to winter; and the only way to get the project completed is to contract the work. Mayor Stiff stated that, if improperly done, ramps for handicapped access can be hazard- ous because the incline is too great. He noted the standard incline is on a one to twelve ratio. Mrs. Shirley Sedivy stated she would like to see the project completed. She noted the striping of the poles for the handicapped parking stalls has helped. However, some people park too far back or too far forward in the surrounding stalls, making it impossible to get a van into the handicapped stalls. She asked if it would be possible to paint the curb blue as well for the I length of the parking stall. City Manager Evans stated that would be a legal question. He noted the State Highway Department would need to address the issue since Main Street is a state highway. Commissioner Anderson asked if several quotes have been received, with $700.00 per ramp being the lowest. City Manager Evans stated the staff is still trying to get quotes that will bring the total amount of the project below $10,000.00. If the staff is unsuccessful, the project will have to be bid; and no construction will be done for six weeks. The City Manager then recommended 09-19-83 302 the Commission authorize the Mayor to sign the Budget Amendment and authorize the staff to proceed with the project. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- mission authorize the Mayor to sign the Budget Amendment to transfer monies to cover the cost of installation of lay-down curbs in the downtown area. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, I Commissioner Weaver and Mayor Stiff; those voting No, none. Ordinance No. 1143 - Zone Code Amendment - allow adult book stores and adult motion picture theatres as a Conditional Use in the M-1 and M-2 Districts City Manager presented Ordinance No. 1143, as prepared by the City Attorney, entitled: ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADDING SECTION 18.04.025, PROVIDING FOR THE DEFINITION OF AN ADULT BUSINESS, AND AMENDING SECTION 18.52.140, TO ADD ADULT BUSINESSES AS A CONDITIONAL USE IN THE M-1 AND M-2 DISTRICTS IN THE CITY OF BOZEMAN, MONTANA. City Manager Evans stated the Commission had approved this Zone Code Amendment in December 1982; and the staff is now bringing it back in ordinance form. The City Manager recommended the Commission provisionally adopt Ordinance No. 1143 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion provisionally adopt Ordinance No. 1143, to allow adult book stores and adult motion picture theatres as a conditional use in the M-1 and M-2 Districts, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No, none. Application for Gambling License - Little John's, Inc. - one keno machine - through June 30, I 1984 - City Manager Evans presented to the Commission an appl ication for Gambling License, along with the required fee, on behalf of Little John's, Inc., for one keno machine for the period through June 30, 1984. The City Manager recommended that the Commission approve the application and direct the City Attorney to notify the owner of the establishment concerning the statutory requirements for prizes. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commis- sion approve the application for a Gambling License submitted by Little John's, Inc., for one keno machine for the period ending June 30, 1984 and instruct the City Attorney to write a letter to the owner of the establishment stating the provisions listed in the State Statute concerning keno games. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Gambling License - J. W.IS Hide-A-Way Lounge - one keno machine - through June 30, 1984 City Manager Evans presented to the Commission an application for Gambling License, along with the required fee, on behalf of J. W. IS Hide-A-Way Lounge, for one keno machine for the period through June 30, 1984. The City Manager recommended that the Commission approve the application and direct the City Attorney to notify the owner of the establishment concerning I the statutory requirements for prizes. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Com- mission approve the application for a Gambling License submitted by J. W.IS Hide-A-Way Lounge for one keno machine for the period ending June 30, 1984 and instruct the City Attorney to write a letter to the owner of the establishment stating the provisions listed in the State Statute concerning keno games. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 09-19-83 3U3 Authorize absence of Commissioner Anderson - evening session only on October 3, 1983 Commissioner Anderson stated she has no conflict with the afternoon session of the Commission meeting on October 3, 1983, but has a conflict with the evening session due to a meeting at her place of employment which she should attend. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that Commis- I sioner Anderson be excused from the evening session of the Commission meeting to be held on October 3, 1983 in compliance with Section 7-3-4322, M.C.A. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Commissioner Anderson abstained. I nformation item City Manager Evans stated that Commissioner Anderson had requested this item be placed on the agenda. Commissioner Anderson stated that, over the period of several months, she has discussed the possibility of a meeting under the joint auspices of the City and the County with County Commissioner Joy Nash. This meeting would be for discussing water concerns and would include people from the County and various entities within the County. It would probably be a day- long session, held on a Saturday in late October or November. Commissioner Anderson request- ed authorization to pursue organization of the meeting if the Commission feels it would be beneficial. She stated one of the desired results of this meeting would be an inventory of water supplies and consolidation of printed materials available on the subject. The Commis- sioner noted this type of project would be good for an MSU student as part of his/her course work. Mayor Stiff questioned if this is a good time to accept an additional project. He noted the Commission is currently involved with initiation of the Capital Improvement Program, review of the report to be submitted by Brown and Caldwell concerning impact fees and development I fees, and a public education program on self-government powers, as well as the routine busi- ness. Commissioner Weaver stated he shares the Mayor's concern. He also requested written information on the proposal for review prior to reaching a decision. Mayor Stiff requested the item be placed on next week's agenda for further discussion. Break - 5:00 to 5:05 p.m. Mayor Stiff declared a five-minute break at 5:00 p.m., to reconvene at 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Update on status of Capital Improvement Program Mayor Stiff stated he had requested this item be added to the agenda so the Commission could receive an update on the status of Capital Improvement Program. City Manager Evans stated the review of the requests from the various Divisions is currently being conducted and should be completed during this week. He stated hopefully the City Manager's proposal for the Capital Improvement Program should be distributed to the Commission at next week's meeting. Information item - Brown and Caldwell stud mailed on eptember 22 or 23; tentatively schedule City Manager Evans stated this item had been removed from the Consent Items. He stated I Brown and Caldwell will mail the final draft of the study on impact fees and development fees on September 22 or 23. The City Manager stated he feels the staff should be allowed an opportunity to review the report. I t wi II then be placed on the agenda for October 3, 1983, at which time Mr. Bob Hunter will present the report to the Commission. Mayor Stiff noted Brown and Caldwell were to make a legal determination on implementa- tion of impact fees and development fees early in their study process so no excess costs would be incurred if the fees were found not to be legal. The City Manager stated he has received no answer, but the staff has been under the assumption the consulting firm has determined the fees are legal. 09-19-83 30J;- Meeting re method of reviewing City Manager applications Mayor Stiff stated he had requested this item be added to the agenda. The Mayor noted the Commission has set September 26, 1983 at 7:00 p.m. as the time to meet and discuss the method to be followed in reviewing the City Manager applications and the process by which a new City Manager will be selected. The Mayor then stated the Clerk of the Commission has ordered copies of an ICMA publication, which should be in this week. Mayor Stiff then I suggested that the Commission defer the meeting set for September 26 until October 11, 1983 at 7:00 p.m., to allow the Commissioners an opportunity to review the publication, which is entitled "Selecting a Professional Public Administrator." The Commission concurred in delaying the meeting until October 11,1983 at 7:00 p.m. Consent Items City Manager Evans presented to the Commission the following items: Proclamation - "Sexual Assault Awareness and Prevention Week" _ October 2-9, 1983 Claims It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation and authorize and direct payment of the claims as listed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Recess - 5: 15 p. m. Mayor Stiff declared a recess at 5: 15 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. I Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of conduct- ing the scheduled public hearings. Public hearing (continued) - Conditional Use Permit - Allen J. Visocan - allow forty-two addi- tional apartment units on Lots 13 and 14, Durston Subdivision (between /Jurston Road and West Villard Street at North Eighth Avenue extended) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Allen J. Visocan to allow forty-two additional apartment units to be con- structed on Lots 13 and 14 of Durston Subdivision. This site is more commonly located between Durston Road and West Villard Street at North Eighth Avenue extended. Mayor Stiff opened the continued public hearing. Assistant Planner Mike Money presented the Staff Report. He stated the appl icant had requested the publ ic hearing be continued for a period of two weeks due to an error in the site plan. That error has been corrected; and the applicant has submitted a letter stating he wi II continue with the plans as originally proposed. The Assistant Planner stated this item was part of the consent calendar at the Zoning Commission meeting; and the Zoning Commission recommended conditional approval of the request. Commissioner Weaver asked how much traffic impact this apartment complex would create on Durston Road and West Villard Street. The Assistant Planner stated the apartment complex will have access onto Durston Road and West Villard Street. However, the Planning Staff does not feel the impact will be as great I on Durston Road as on West Villard Street because most people will attempt to avoid the exist- ing traffic flow problems on Durston Road. No one spoke in support of or in opposition to the granting of the Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - Ed Vail - allow a new warehouse for services and manufacturing on Lot 2, Bomont Center Subdivision (507 Bond Street) This was the time and place set for the public hearing of the Conditional Use Permit requested by Ed Vail to allow a new warehouse for services and manufacturing on Lot 2 of 09-19-83 305 Bomont Center Subdivision. This site is more commonly located at 507 Bond Street. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated this item was a part of the consent calendar at the Zoning Commission meeting; and the Zoning Commission concurred in the Planning Staff's recommendation for conditional approval of the request. I No one spoke in support of or in opposition to the granting of the Conditional Use Permi t. Mr. Ed Vail requested that the Commission waive the customary one-week interval prior to making a decision due to the impending winter weather. Mr. Vai I then stated he had orig- inally been under. the impression that he owned Lot 1 in the Bomont Center Subdivision and had received a Conditional Use Permit to place his structure on that lot. After ordering his building and preparing for the construction, he found that he actually owns Lot 2 and has been required to complete the Conditional Use Permit once again. Mr. Vail stated the building has arrived; and he would like to get the construction completed prior to the winter weather. Mayor Stiff closed the public hearing. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission waive the customary one-week interval due to the impending winter conditions and since the applicant has been through this process on the incorrect lot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request for a Conditional Use Permit submitted by Ed Vail to allow a new warehouse for services and manufacturing on Lot 2 of Bomont Center Subdivision, more commonly located at 507 Bond Street, subject to the following conditions: 1. That the final site plans include building elevations and profiles. 2. That the drainage be directed onto the landscaped areas. All paving, I drainage and access plans must be reviewed and approved by the City Engineer's Office prior to final site plan approval. 3. That the sign to be located in the front yard area be limited in size to four (4) feet by eight (8) feet. 4. That 75 percent of all required yard area be landscaped. Said landscaping shall consist of live vegetation which may consist of any combination of living plants such as trees, shrubs, vines, lawn, etc., but may include decorative rock, stone, bark, etc. 5. That lawn irrigation devices be installed and made available to all yard areas. 6. That a trash enclosure be provided that will be readily accessible to the garbage trucks. Said location shall be reviewed and approved by the Street Superintendent. 7. That the developer enter into an improvements agreement with the City of Bozeman. The structure may not be occupied until all required improve- ments have been installed, and inspected and accepted by the City of Bozema n . If occupancy is to occur prior to the installation of the required improvements, the developer shall secure the Improvements Agreement with an acceptable method of security equal to 1 t times the amount of the cost of the scheduled improvements. 8. That three (3) copies of the final site plan containing all the conditions, 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 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 Department; one (1) signed copy shall be retained by the I 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 completed within eighteen (18) months of 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 09-19-83 308 made, and a report wi II be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Public hearin - Conditional Use Permit - Gene Cook - allow a PUD at intersection of Ka I Boulevard and South Eleventh venue extended This was the time and place set for the public hearing on the Conditional Use Permit requested by Gene Cook to allow a Planned Unit Development at the southwest corner of the intersection of Kagy Boulevard and South Eleventh Avenue extended. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted the Staff Report suggests that the application is basically incomplete and indicates several items are missing on the site plan. The Planning Staff further suggested that the public hearing be continued for one month until the application is more complete. The Assistant Planner stated the application has merit and provides an innovative way of making land available to developers with flexibility for lot design. Assistant Planner Money stated if this Conditional Use Permit is approved after the public hearing is held, the applicant will establish development guidelines, including landscaping, parking, setbacks, and style of architecture, which wi II be approved rather than a final site plan. The Planning Staff would then review all plans and approve those plans if they meet the development guidelines. A final site plan will then be approved for each phase before a building permit is issued. Mayor Stiff continued the public hearing for a period of one month. a PUD on Lots 3 and 4, Block This was the time and place set for the public hearing on the Conditional Use Permit I requested by Kirk D. Michels to allow a residential Planned Unit Development on Lots 3 and 4 of the Rearrangement of Block 7 of Thompson's Fourth Addition. This site is more commonly located in the east 100 block of Hoffman Drive. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the proposed Plan- ned Unit Development would contain fourteen condominiums in three structures. The Assistant Planner stated that since the Zoning Commission meeting, the applicant has submitted a revised site plan that addresses the conditions listed in number 5, concerning a garbage enclosure, and number 7, concerning snow removal and storage area, of the Zoning Commission resolution. Mr. Lere stated the Planning Staff and Zoning Commission recommend that the Commission approve the suggested parking plan for the PUD, which is one space short of the requirements, due to the setback requirements from Kagy Boulevard and from two stream banks. The Assistant Planner then stated Mr. Michels has requested that condition number 6, concerning construction of a patio within the 35-foot stream setback area, be eliminated. The Planning Staff and Zoning Commission recommend that the condition not be removed. Mr. Kirk Michels stated when he purchased the site in 1977, there was a 25-foot setback from the center of Matthew Bird Creek and no setback from Figgins Creek required. He npted that on May 11, 1983 the Commission adopted a resolution requiring a 35-foot setback from all streambeds. He stated the zoning would allow a maximum density of seventeen units, but with the setbacks that must be observed on this site, only fourteen units can be constructed. Mr. Michels stated they are requesting that the encroachment of the patio on one unit be permitted I to allow maximum use of the site. He stated this patio is to be a wooden deck, elevated to the first floor level, and indicated a gravel base could be installed below the deck to catch any water that may run off the patio. He stated the subject patio would extend five feet into the setback from the stream. Mr. Michels stated the original site plan contained the required number of parking spaces, with two of those spaces being located along the access to the site. The Planning Staff has required those spaces be eliminated and the parking area be rearranged. 09-19-83 307 Mr. Michels stated that elimination of one of the proposed tree plantings in the parking area will allow for an additional parking space in that area. He requested that the Commission waive the requirement for one parking space so the aesthetics of the parking area may be retained. Mr. Howard Busching, 1914 Spring Creek Drive, stated he feels the applicant should be required to show how the proposed development will benefit the community since he is requesting I a change from the existing use of the land. Mr. Busching stated the proposed site plan looks good, although he feels the proposed construction is too dense. He then stated concern about the request for encroachment of a patio and reduction of the parking requirements. Assistant Planner Steve Lere stated the site is located in an R-3 Zone, which allows Planned Unit Developments as a conditional use. He noted that a PUD can have fourteen units per acre, and this proposal provides fourteen units on slightly more than one acre of land. Mr. Busching then asked why a public hearing is being conducted on the matter if it is permitted as a conditional use. The Assistant Planner stated the conditional use process provides a method of protecting the surrounding landowners and allows the requirement for additional landscaping on the site. Assistant Planner Mike Money stated the purpose of a Planned Unit Development is to allow the owners of unique tracts of land an opportunity to develop those tracts in a unique manner. It also gives an opportunity for maximum aesthetics in development of the site. Mr. John Parker stated he lives across the street from the subject site in the Woodbrook Planned Unit Development. He asked Mr. Michels why his proposal is for construction of condo- miniums rather than townhouses. He also asked how many parking spaces will be provided per unit. He noted there are currently several four-plexes in the area; and many of the cars from those structures are parked along the streets. Mr. Michels stated the plan contains condominiums rather than townhouses because of the site restrictions. He stated it is not possible to meet the setback requirements and provide vehicular access to all of the dwelling units, which would be necessary for a townhouse develop- I ment. Mr. Michels then stated the plan provides for 2.2 parking spaces per unit. The appli- cant then stated he plans to leave vegetation for screening purposes around the development to provide privacy for the residents of the PUD. Mr. Michels stated he has received a letter from the Fish and Game and the Soil Conser- vation District approving his request for crossing of Figgins Creek for installation of the access road. The letter requests that if the crossing is to be installed this year, it be completed prior to October 15 so it does not interfere with the trout spawning. Mr. Michels stated he would appreciate a decision on the Conditional Use Permit as soon as possible so the creek crossing can be completed before the deadline. Commissioner Mathre asked what would be allowed within the 35-foot stream setback. Assistant Planner Lere stated landscaping is allowed. Also, Planning Director Moss has suggested that the garbage enclosure encroach upon the setback due to the limitations of this site. Items that would affect the run-off that goes into the stream, such as paving, are expressly prohibited. Assistant Planner Lere then stated the Zone Code does not provide for approval of encroachments in the stream setback through the Zoning Commission. He suggested the applicant submit the request to. the Board of Adjustment for action. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Break - 8:05 to 8:10 p.m. Mayor Stiff declared a five-minute break at 8:05 p.m., to reconvene at 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Public Scully - B-1 to R-4 - Lots 19-22, Block 50, West Park This was the time and place set for the public hearing on the Zone Map Change request- ed by John Scully to change the zoning of Lots 19 through 22, Block 50, of West Park Addition, from B-1 to R-4. This site is more commonly known as being located at 720 South Ninth Avenue. Mayor Stiff opened the public hearing. Assistant Planner Steve Lere presented the Staff Report. He stated the appl icant has requested the Zone Map Change because a portion of the site is located in the B-1 District and 09-19-83 308 the remainder of the site is located in the F -4 District. The requested change would make the existing non-conforming use a conforming u e. The Assistant Planner stated this item was a part of the consent calendar at the Zoning ....ommission meeting; and the Zoning Commission recommended approval of the request. Mr. John Scully stated he found the site lies within two zones when he applied for a building permit to expand the number of ap artments. The portion of the lot upon which he intended to expand is located in the B-1 Di trict and is, therefore, a non-conforming use that I cannot be expanded. Mr. Scully then sugg ested that a more streamlined method might be devised for rezoning of a developed parcel that lies in two separate zoning districts. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearinq - Commission Resolution No. 2474 - reassessment of SI D No. 626 - sanitary sewer lateral - Stratford, West lVfain and lown Pu np Annexations - $14, 150.09 This was the time and place set for he public hearing on Commission Resolution No. 2474, as prepared by the City Attorney, entitled: COMMISSION RI SOLUTION NO. 2474 A RESOLUTION OF THE COMMISSIOI OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPEI IAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMEt T DISTRICT NO. 626 IN THE CITY OF BOZEMAN, COUNTY OF GALLA TI N, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAK ING THE IMPROVEMENTS WITH-IN SAID SPECIAL IMPROVEMENT DISTRICT ~ O. 626. Mayor Stiff opened the public hearin ;} . No one was present to speak in sup~ ort of or in opposition to the final adoption of Commission Resolution No. 2474. Mayor Stiff closed the public hearin~ . A decision will be forthcoming next week. Public hearinq - Commission Resolution No. 2475 - reassessment of SID No. 627 - sanitary sewer I main - 1 riangle Area Annexation - $26,741. 97 This was the time and place set for he public hearing on Commission Resolution No. 2475, as prepared by the City Attorney, entitled: COMMISSION F EsOLUTION NO. 2475 A RESOLUTION OF THE COMMISSIO ~ OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPE ...IAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMEI T DISTRICT NO. 627 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAK ING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT r O. 627. Mayor Stiff opened the public hearin g. No one was present to speak in sUPI ort of or in opposition to the final adoption of Commission Resolution No. 2475. Mayor Stiff closed the public hearinc . A decision will be forthcoming next week. Commission Resolution No. 2476 - reassessm ent of SID No. 629 - water and sewer main - South 22nd Avenue, University Square - $65,780.01 This was the time and place set for the public hearing on Commission Resolution No. 2476, as prepared by the City Attorney, entitled COMMISSION I ESOLUTION NO. 2476 A RESOLUTION OF THE COMMISsIO\J OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING sPE::::IAL ASSESSMENT TAXES UPON ALL I ~~2~~~~~ t~J~f~I~~ ~LFt9..'41~E~~ffiT8f:CJo~~d~ I~OJh.rnFJ.YA~E COST OF CONSTRUCTING AND MAKING THE IMPR T SPECIAL IMPROVEMENT DISTRICT NO. 629. Mayor Stiff opened the public hearing. . . . . ent to speak in support of or in Opposition to the fmal adoption of No one was pres Commission Resolution No. 2476. A decision will be forthcoming next week. Mayor Stiff closed the public hearing. 09-19-83 309 Public hearing - Commission Resolution No. 2477 - Assessments for Sprinkling Districts This was the time and place set for the publi<;: hearing on Commission Resolution No. 2477, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2477 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, I LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A.,1981. Mayor Stiff opened the public hearing. No one was present to speak in support of or in opposition to the final adoption of Commission Resolution No. 2477. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearing - Commission Resolution. No. 2478 - Assessments for Special Improvement Lighting Districts This was the time and place set for the public hearing on Commission Resolution No. 2478, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2478 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELEC- TRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M. C. A. , 1981. Mayor Stiff opened the publ ic hearing. No one was present to speak in support of or in opposition to the final adoption of Commission Resolution No. 2478. I Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearing - Commission Resolution No. 2470 - Garbage assessment for period ending June 30,1984 This was the time and place set for the public hearing on Commission Resolution No. 2470, entitled: COMMISSION RESOLUTION NO. 2470 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Stiff opened the publ ic hearing. No one was present to speak in support of or in opposition to the final adoption of Commission Resolution No. 2470. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearing - Commission Resolution No. 2471 - Landfill fees for period ending June 30, 1984 This was the time and place set for the public hearing on Commission Resolution No. 2471, entitled: I COMMISSION RESOLUTION NO. 2471 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Mayor Stiff opened the p~blic hearing. Mr. Craig Roloff, Montana State University, stated that last year, the fee for trucks increased approximately 300 percent. and the proposed fee schedule in this Resolution will increase the fees approximately 65 percent. Mr. Roloff stated he does not oppose the proposed 09-19-83 310 increase, but the increases ar'e significant and should have been considered in June wnen the University was preparing its budget. Ms. Susie Haggerty, Convenience D sposaI, reviewed the proposed fee schedule. She stated the proposed fee schedule will redu e the fee for passenger cars from $4.50 to $2.00 and pickups from $4.50 to $3.50. She noted the truck rates have also been reduced. She stated that last year approximately 50 percent of he vehicles entering the landfill were cars and I pickups; and those vehicles dumped appro imately 8 percent of the garbage. Ms. Haggerty I stated the new type of fee system was impI mented last year; and the City has added about, $20,000.00 in costs to hire two gate keeper . Ms. Haggerty stated the schedule d es not define passenger cars, pickups or trucks and does not specify what types of garbage are included in the listed fee. She stated, however, in the commercial section of the fee schedule, II types of vehicles are defined. Ms. Haggerty stated reduction of th fees for passenger cars and pickups could encour- age people to come to the Bozeman landfill t dump their garbage. She noted the City has indicated concern that the life of the landfill might not be as long as anticipated, and the additional garbage could further shorten th life. Ms. Haggerty then stated a normal h two to four cans of garbage per week. If one were to take that garbage to the landfil each week in a passenger car, it would cost $9.00 per month ; and her company charges $7.00 er month for most residential service. Ms. Haggerty also suggested the City waive the landfill fe s for city residents on four days each year to encourage people to take excess items to th landfill that are not picked up during the normal garbage collections. Ms. Haggerty trucks are charged on a tonnage basis, while commer- cial haulers are charged on a yardage basis. She feels all trucks should be charged on the same basis. She then stated the fees increafed by 300 percent last year. and the proposed fee schedule would increase the fees for commer ial trucks approximately 60 percent this year, I while reducing the fees for cars and pickups. I Ms. Haggerty then noted the fee schedule does not require that all garbage being taken to the landfill be tarped. She also noted th fee schedule does not define residential and commercial establishments. She stated the C mmission had instructed the staff to address the matter at the last public hearing, but the is ue has not been addressed. Ms. Haggerty then requested the Commission leave the rates the same as they were last year, but charge all customers on a yardage basis. I Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Adjournment - 8:35 p.m. There being no further business to co e before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the meeting be adjourn- ed. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Mathre, Commiss oner Anderson and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 09~19-83