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HomeMy WebLinkAbout1983-09-26 311 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 26, 1983 ******************************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 26, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver. Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meetings of August 22, 1983, and September 19, 1983 were approved as corrected. Action on the minutes of the regular meeting of June 20, 1983 was defer- red for a period of one week. Award bid - S.I.D. No. 632 - sewer, water and paving, Shawnee Industrial Park 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 Shawnee Industrial Park. City Manager Evans stated the City did not receive the recommendation from the consult- ing engineers, Morrison-Maierle, Inc., until Friday. The City Manager expressed concern about the recommendation of the consulting engineers to award the bid in an amount less than the total bid. The City Manager then requested that the Commission defer action on the bid for one week. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that action on the bid for S.I.D. 632 for the sewer, water and paving in Shawnee Industrial. Park, be de- ferred for one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I Decision - Conditional Use Permit - Allen J. Visocan - allow forty-two additional apartment units on Lots 13 and 14, Durston Subdivision (between Durston Road and West Villard Street at North Eighth Avenue extended) This was the time and place set for the decision on the Conditional Use Permit requested by Allen J. Visocan to allow forty-two additional apartment units to be constructed 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. City Manager Evans stated the Planning Staff and Zoning Commission have recommended conditional approval of the Conditional Use Permit and concurred in that recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permit requested by Allen J. Visocan to allow construc- tion of forty-two additional apartment units on Lots 13 and 14 of Durston Subdivision, subject to the following conditions: 1. That the required truck loading area be provided per Section 18.62. 2. That storm drainage, sanitary sewer, water and paving plans be provided and approved by the City Engineering staff prior to presentation of site plans to the City Commission for consideration of approval. 3. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of any structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to H times the amount of the cost of the scheduled im- I provements and their installation. Detailed cost estimates, construction plans and methods of security shall be made part of that agreement. 4. 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 City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 09-26-83 312 5. All on-site improvements (i.e 'paving, landscaping, etc.) shall be com- pleted within eighteen (18) m onths of approval of the Conditional Use Permit. 6. The Conditional Use Permit s all be valid for a period of only eighteen (1 8) months followi ng approve I of the use. Prior to the permanent re- newal of the permit at the en :f of that period, the applicant must satisfy all the conditions in the gran ing of the permit. An on-site inspection I will be made and a report ma e to the City Commission for their action. If all required conditions hav been satisfied, the permit wi II be permanently renewed. The motion carried by the following Aye ant No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commis ioner Mathre, Commissioner Weaver and Mayor Stiff; those voti ng No, none. i Decision - Conditional Use Permit - Kirk D.1 Michels - allow a Planned Unit Development on Lots 3 and 4, Block 7, Thompson's Fourth Addlt on (east 100 block of Hoffman Drive) This was the time and place set for he decision on the Conditional Use Permit requested by Kirk D. Michels to allow a 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. City Manager Evans stated the Planni ng Staff and Zoning Commission have recommended conditional approval of the Conditional Use f ermit and concurred in that recommendation. Commissioner Vant Hull suggested an ther condition be attached to the Conditional Use Permit stating, "That the applicant preserve a four-foot strip along each side of the stream bank that will be left in its natural state to help reduce the effects the development may have on the stream's eco-system. This requireme lt shall be made part of the Property Association's by-laws. II The Commissioner stated stream J reservation experts and fishing experts have ex- pressed concern that the City's ordinance re quiring a 35-foot setback has not eliminated en- croachment on that area during construction and has not required that a strip of natural I vegetation be maintained along the stream ba nks. She stated residents usually desire a mani- cured lawn to the stream, but that removes he natural habitat for the fish. Commissioner Mathre stated concern t at the applicant has not had an opportunity to review and accept the proposed condition. Commissioner Weaver stated the propo :>ed condition appears good on the surface. However, before establishing a policy to place the cone ition on any Conditional Use Permits, he feels the staff should review the suggestion and subm it a report to the Commission. Assistant Planner Mike Money stated t he suggested four-foot strip was recommended by the Fish. Wildlife and Parks Department. H~ stated that he does not know if the Planning Staff would support or not support the condition ntil it has had an opportunity to review the con- dition. I Commissioner Mathre suggested an am+ndment to the present ordinance might be consid- ered rather than attaching a condition to eac Conditional Use Permit. Commissioner Anderson stated the firs~ condition recommended by the Planning Staff and Zoning Commission requires the stream bank egetation remain in its natural state. She suggested the Planning Staff meet with the developer a1d relay the Commission's concerns about possible disturbance of the stream banks. The Commi~sioner also stated support of Commissioner Weaver's I desire for review by the Planning Staff prior I to implementation of the proposed condition. City Manager Evans stated that, unde1 State Law, the State, not the City, is responsible for the stream beds. The City Manager note~ that the City's responsibility under State Law should be considered when reviewing the pro osed condition. I Mayor Stiff noted the proposed conditi n would not be legal and binding on the home I owners unless it is listed as a condition. t City Attorney Crumbaker-Smith concur ed in the Mayor's statement. She noted the developer could require the condition be placed in the omeowners Association's by-laws; at which time it would become binding on the home owners. I i I t was moved by Commissi oner Vant HU~ I. seconded by Commissioner Anderson, that the Commission approve the Conditional Use Permi requested by Kirk D. Michels to allow a Planned I 1 I i 09-26-83 313 Unit Development on Lots 3 and 4 of the Rearrangement of Block 7 of Thompson's Fourth Addition, subject to the conditions listed below; and instruct the Planning Staff to work informally with the developer, and possibly fisheries experts, to maintain the stream banks in their natural state and !ncorporate the proposed provision in the Homeowners Association's by-laws: 1. That stream bank vegetation remain in its natural. state and that veg- etated storm drainage detention swales be designed to retard and filter I runoff from all impervious areas. 2. That a skimmer device be installed to help remove pollutants from parking lot runoff. 3. That floodplain development permit requirements be met prior to issuance of the Conditional Use Permit. 4. That parking requirements be reduced by one stall per Section 18.54.240 with stipulation that the City may require their future installation without encroachment on setback areas. 5. That the garbage enclosure be designed as an entrance feature adjacent to the driveway and partially within the stream setback zone. 6. That the first floor (ground level) structural extension or patio within the 35-foot stream setback area not be permitted, but that the upper story extension be accepted. 7. That the snow removal and storage area be moved to the south end of the parking area. 8. Condominium Declaration and By-Laws are to be recorded prior to is- suance of the Conditional Use Permit. 9. That all required improvements shall be installed in accordance with an improvements agreement for each phase with the City of Bozeman. The owner may not occupy the structure until all improvements required by the permit for each phase shall have been completed and accepted by the City, or until a financial guarantee equal to H times the amount of the cost of the scheduled improvements shall be provided to secure com- I pletion. 10. 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 City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Eluilding Division; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 11. All on-site improvements (i.e. paving, landscaping, etc.) for each phase, shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent re- newal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. . Decision - Zone Map Change - John Scully - B-1 to R-4 - Lots 19-22, Block 50, West Park Addition (720 South Ninth Avenue) I This was the time and place set for the decision on the Zone Map Change requested 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 located at 720 South Ninth Avenue. City Manager Evans stated the Planning Staff and Zoning Commission have recommended approval of the requested rezoning and concurred in that recommendation. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the Zone Map Change requested by John Scully to change the zoning on Lots 19 through 22, Block 50 of West Park Addition, more commonly known as 720 South Ninth 09-26-83 3111 Avenue, from B-1 to R-4, and instruct the City Attorney to prepare an ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2474 - reassessment of SI D No. 626 - sanitary sewer I lateral - Stratford, West Main and Town Pump Annexations - $14,150.09 This was the time and place set for the decision on Commission Resolution No. 2474, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2474 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 626 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 626. City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on September 6, 1983 and had conducted the publ ic hearing on September 19, 1983. The City Manager then recommended that, since no protests were received, the Commission finally adopt Commission Resolution No. 2474. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission finally adopt Commission Resolution No. 2474, relevying and reassessing the costs in Special Improvement District No. 626. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2475 - reassessment of SID No. 627 - sanitary sewer main - Triangle Area Annexation - $26,741.97 This was the time and place set for the decision on Commission Resolution No. 2475, as I prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2475 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 627 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 627. City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on September 6, 1983 and had conducted the publ ic hearing on September 19, 1983. The City Manager then recommended that, since no protests were received, the Commission finally adopt Commission Resolution No. 2475. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission finally adopt Commission Resolution No. 2475, relevying and reassessing the costs in Special Improvement District No. 627. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2476 - reassessment 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 decision on Commission Resolution No. 2476, as I prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2476 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELEVYING AND REASSESSING SPECIAL ASSESSMENT TAXES UPON ALL PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 629 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 629. 09-26-83 31S:i City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on September 6, 1983 and had conducted the public hearing on September 19, 1983. The City Manager then recommended that, since no protests were received, the Commission finally adopt Commission Resolution No. 2476. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the I Commission finally adopt Commission Resolution No. 2476, relevying and reassessing the costs in Special Improvement District No. 629. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2477 - Assessments for Sprinkling Districts This was the time and place set for the decision 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, 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. City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on September 6, 1983 and had conducted the publ ic hearing on September 19, 1983. The City Manager then recommended that, since no protests were received, the Commission finally adopt Commission Resolution No. 2477. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission finally adopt Commission Resolution No. 2477, levying and assessing the costs for the Special Improvement Sprinkling Districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner I Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2478 - Assessments for Special Improvement istricts This was the time and place set for the decision 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 ELECTRICAL 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. City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on September 6, 1983 and had conducted the publ ic hearing on September 19, 1983. The City Manager then recommended that, since no protests were received, the Commission finally adopt Comm ission Resolution No. 2478. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission finally adopt Commission Resolution No. 2478, levying and assessing the costs for the Special Improvement Lighting Districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. I Decision - Commission Resolution No. 2470 - Garbage assessment for period ending June 30, 1984 - This was the time and place set for the decision 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 09-26-83 31G MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVI- SIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on August 29, 1983 and had conducted the public hearing on September 19, 1983. The City Manager. then recommended that, since no protests were received, the Commission finally adopt Commission Resolution No. 2470. I It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commission finally adopt Commission Resolution No. 2470, levying and assessing the garbage collection fees. Commissioner Vant Hull stated she listened to the tapes of the public hearings conducted at last week's Commission meeting. The Commissioner stated she feels the rates proposed in this Resolution and the following Resolution contain serious problems and provide only a stop-gap measure of assessing for another fiscal year. She noted one of the statements made during the public hearing indicates the commercial haulers are charged on one type of measure while City trucks are charged on a different basis. Commissioner Vant Hull suggested the City continue with last year's rate schedules if possible, while looking for greater efficiency in the City's operations. Mayor Stiff stated that testimony submitted last week indicates the matter has. not been fully researched by the City staff. The Mayor also stated he is not certain reduction of the passenger car fee will eliminate any of the accumulated garbage in the alleys. Commissioner Vant Hull stated the landfill operators in Spokane have more authority than those in Bozeman. She suggested the Commission establish a more specific policy and provide more authority to the landfi II operators. Commissioner Weaver stated the existing rate schedules were adopted to correct the defi- cits in the garbage and landfill budgets. He stated those rate schedules were established with no base information. The Commissioner noted the possibility of creating a County Refuse Dis- trict that wi II include Bozeman was being considered. He asked if that possibility is still open I or if it has been eliminated. City Manager Evans stated the County Commission has indicated it will consider adoption of a resolution of intention to create a refuse district in the near future and mail notice of adoption of the resolution in the tax notices around the first of November. There will then be a period for receiving protests, after which the County Commission could adopt a resolution creating a refuse district. The City Manager stated if the refuse district is created. it will remove the City from the garbage business at a specified date. City Manager Evans stated if a County Refuse District is not created and the City remains in the garbage business, he would recommend the Commission seek an outside consultant to review the operation and propose fee schedules for the garbage collection and landfill operation. Commissioner Vant Hull stated she does not feel the Commission should consider adoption of one stop-gap measure to replace another stop-gap measure. She stated concern about the basis for the proposed charges, which appear to be different for commercial haulers than the City trucks. She also expressed concern that the rates at the landfill will be increased to a level that will cause commercial haulers to take the garbage to Livingston rather than the Bozeman landfill. Commissioner Weaver asked if staff has considered the definitions for residences and commercial properties and reviewed the list of properties for which the City provides garbage collection. City Manager Evans stated the commercial haulers now service those portions of the city in which the City has relinquished its right to provide the service. The City Manager stated I to provide efficiency, the city would need to be divided into service districts, with the City determining whether each district would be serviced by the City or commercial haulers. The City Manager then stated that it could be wasted effort for the staff to work on this item before the County has determined whether to act on formation of a refuse district. Commissioner Weaver stated adoption of the proposed fee schedules could minimize the effect on the taxpayers, through the General Fund, whi Ie waiting to see whether the landfi II will remain the City function. 09-26-83 311 Mayor Stiff stated he would rather leave the old rate schedules in effect, if possible, than adopt new rate schedules that do not appear to solve the existing problems. City Attorney Crumbaker-Smith stated she needs to review the Commission Resolutions adopted last year to determine whether they have a sunset date or will remain in effect. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that action I on Commission Resolution No. 2470 be deferred for a period of one week to allow the City Attorney an opportunity to review the Resolution adopted last year to levy and assess garbage assessments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Mathre. Decision - Commission Resolution No. 2471 - Landfill fees for period ending June 30, 1984 This was the time and place set for the decision on Commission Resolution No. 2471, entitled: 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. City Manager Evans stated the Commission had provisionally adopted this Commission Resolution on August 29, 1983 and had conducted the publ ic hearing on September 19, '983. The City Manager then recommended that the Commission finally adopt Commission Resolution No. 2471. It was moved by Commissioner Mathre, seconded by Commissioner Weaver. that the Commission finally adopt Commission Resolution No. 2471, establishing the landfill fee schedule. It was then moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that action on Commission Resolution No. 2471 be deferred for a period of one week to allow the City I Attorney an opportunity to review the Resolution adopted last year to establish the landfill fee schedu Ie. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Mathre. Discussion - application for Business License - K-9 Rescue Station, 2110 North Rouse - Jena M. Nash - City Manager Evans stated discussion on this application for Business License had been continued to allow Acting City Attorney PIanalp to review the Business License Ordinance. Assistant City Manager Barrick stated the information presented to the Commission by the applicant indicates she does not intend to use the business for gain or as a means of live- lihood. On that basis, Acting City Attorney Planalp indicates a Business License is not re- qui red. Mrs. Nash asked if she is required to have multiple kennel licenses to house the number of dogs she anticipates. The Assistant City Manager stated Acting City Attorney Planalp indicates that the Ordinance stipulates that a kennel license must be obtained for more than two adult dogs on one premises. However, it does not give a maximum number of dogs under one kennel license. Also, the Ordinance does not provide for issuance of multiple kennel licenses. Mayor Stiff asked how this matter can be addressed by the City. City Manager Evans stated it is not to be addressed at this time. He noted Mrs. Nash I holds a current kennel license. Request - waiver of conditions placed on develo ment in Barrick Annexation (for possible construction 0 ozeman eti rement ommunity City Manager Evans presented to the Commission a request for a waiver of the conditions placed on development in Barrick Annexation, submitted by the Planning Staff. The City Manager noted Mr. Gene Cook and Mr. Ken LeClair have indicated an interest in the possible construction of the Bozeman Retirement Community residential Planned Unit Development in that annexation. 09-26-83 '318 Assistant City Manager Barrick noted the Commission has received copies of the minutes of the meeting of June 25, 1980, which approves annexation of the Barrick Annexation and stipu- lating that 1/... no subdividing or use of the land annexed be allowed until some satisfactory resolution of the road problems is acknowledged by the Commission. 1/ At the July 9, 1980 meet- ing, the Commission adopted Ordinance No. 1055, annexing the Barrick Annexation. That Ordinance simply annexes the parcels of land involved and stipulates no conditions. Also, the I motion and vote at that meeting adopted the Ordinance but set forth no conditions. The Assistant City Manager stated the City Attorney has reviewed the information and indicates the Ordinance is the controlling factor in this matter; and it contains no conditions. Mayor Stiff asked for the City Manager's recommendation. City Manager Evans stated the City has no capability of placing restrictions on the Barrick Annexation at this time. He stated that if the City recognizes no conditions exist, the Commission has no basis for action. City Attorney Crumbaker-Smith stated the language in the Commission meeting minutes is not specific enough to know what the condition was that the Commission desired to add. She indicated that there are no conditions to enforce at this time, since there are no conditions stipulated in the Ordinance. Break - 5:05 to 5:10 p.m. Mayor Stiff declared a five-minute break at 5:05 p.m., to reconvene at 5: 10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request - extension of tern orar non-con formi n 1, 1984 - Rainbow Auto Sales requested City Manager Evans presented to the Commission a request submitted by Gene Cook for the extension of a temporary non-conforming use at 2514 West Main Street for the period through I May 1, 1984. The City Manager stated that Rainbow Auto Sales is currently at that location. City Manager Evans then stated the recommendation submitted by the Planning Staff is for denial of the request, since the non-conforming use was initially approved for a one-year period and has received a one-year extension, which expired on August 1, 1983. Mr. Gene Cook stated he would like an extension of the temporary non-conforming use for a few months to allow the business owner an opportunity to find an alternative location. Mr. Larry Ostermiller, owner of Rainbow Auto Sales, stated Mr. Cook is planning to build on the site in the Spring. He then requested a six-month extension of the temporary non-conforming use to allow him an opportunity to purchase land upon which to move his business. Mr. Ostermiller stated he has been looking for a place to move his business, but he cannot find a site large enough with a building that could serve as a garage. He then stated his business has maintained the site during the past two years. Commissioner Anderson noted the letter submitted by Mr. Cook indicates he would like to start building on the site by November 1, 1983. Mr. Cook stated that the site is large enough he could begin building on the east side without disturbing the Rainbow Auto Sales. City Attorney Crumbaker-Smith stated auto sales is a permitted use in the B-2 Zone, with specific permanent improvements which must be made. She stated temporary approval of the non-conforming use has removed the requirement for installation of permanent improvements. The City Attorney then stated the Commission does not have the authority to waive the require- ments established by the Zoning Code. I Commissioner Mathre stated this matter initially came to the Commission with no review by the Zoning Commission. She noted the Commission granted a one-year temporary approval, and later granted a one-year extension. The Commissioner expressed concern about granting extensions, and noted the City Attorney has indicated the Commission has no authority to act on the request. Commissioner Weaver asked if the letter stating the expiration date had expired was a surprise. Mr. Cook stated it was not. Mr. Ostermiller stated he has anticipated an eviction notice, due to Mr. Cook's anticipated construction. 09-26-83 319 Mayor Stiff asked Mr. Ostermiller how much time he would need to relocate his business. Mr. Ostermiller stated that Mr. Cook has indicated he would give ninety days notice prior to beginning construction work on the site. He feels that is sufficient time to relocate the business if necessary. Commissioner Anderson asked if other alternatives could be considered. I Assistant Planner Mike Money stated the permanent improvements and other criteria of the Zoning Code could be met. He stated the Code provides that if the improvements cannot be installed prior to occupancy, the applicant can enter into an Improvements Agreement or supply financial security for the improvements. Mr. Cook stated he has provided some improvements to the site beyond what was requir- ed, including blacktopping of twelve to fifteen additional stalls, providing a sewer main to the site and cleaning up the lot. City Manager Evans recommended the Commission deny the request for extension and provide a specified amount of time for the business to be relocated. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission deny the request submitted by Mr. Gene Cook for an extension of the temporary non-conforming use at 2514 West Main Street to May 1, 1984, and that the present business being conducted on that property be given notice that they should cease and desist using the property within one hundred twenty (120) days from this date. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commission- er Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. City Manager Evans presented to the Commission a request to the Board of Appeals for a waiver of the requirement to provide a handicapped access to a new business in the basement of I the building at 238 East Main Street. The City Manager stated until a Board of Appeals is created, the Commission serves in that capacity. Building Official Gene Yde stated the Uniform Building Code requires that all new and remodeled structures provide access for the handicapped public. Mr. Yde stated in this in- stance, the appl icants wish to open a bar in the basement of the structure that now contains the Union Hall. Mr. Yde stated the Building I nspection Division has enforced the requirement for handicapped access in the past several years; and he does not feel a waiver of the require- ment should be made in this case. Mr. Yde stated he met with the applicants and the owners of the building prior to issuance of a building permit. He stated the plans upon which the building permit was issued provide a ramp in the rear, which eliminates several parking stalls. The applicant has compensated for that loss of parking through leasing of additional parking stalls. The Building Official stated he does not feel all types of handicapped access have been considered and once again stated he does not feel the requirement for handicapped access should be waived. Commissioner Vant Hull suggested the possibility of waiving the requirement for handi- capped access to old buildings because the access could impose a burden on the building and the surrounding area. She noted a study of the downtown area revealed that many basements and some second floor areas are not being used and suggested waiving of some of the require- ments might encourage use of those vacant spaces. Building Official Yde stated in this instance, the applicants had agreed to installation of a handicapped access prior to issuance of a building permit. I Mayor Stiff asked if a lift could be used to provide handicapped access. The Building Official stated the State must approve all lifts and elevators. He stated the maximum length of a lift is six vertical feet; but all requests are considered on an indi- vidual basis, and that maximum length may be exceeded. Mayor Stiff noted the applicants have suggested an alternative handicapped access through a "call system. II If the alternative were approved, a handicapped individual desiring access would push a button at the top of the stairs and would be carried down the stairs. The Mayor , 09-26-83 32U expressed concern about manually moving wheel chairs up and down stairs and stated he feels there could be problems with that procedure. Building Official Yde stated an automatic device is needed in a public facility. Mr. Michael Foster, applicant, stated he and Michael Nehus operate the Union Hall and would like to expand the business to the basement of the building. He stated the expanded facility would serve wine and beer and might serve pizza in the future. Mr. Foster stated they I researched handicapped accesses, including elevators, lifts and ramps, prior to requesting a building permit. He stated the State has indicated the maximum lift length is six feet, with no exceptions. Also, the State indicated that lifts are not feasible for commercial use. Mr. Foster stated major structural changes would be needed for installation of an elevator and would cost approximately $100,000.00. Mr. Foster stated the ramp is the cheapest method of providing handi- capped access; and they pursued that method prior to requesting a building permi,t. He stated since the building permit was issued, they have been approached by several business people in the area stating opposition to the construction of a ramp. Mr. Foster then showed the Commission the plan for the ramp, which eliminates space for approximately seven parking stalls. He stated the location of the ramp would block the rear entrances of Lucky's Deli and Mountain Air, which are located adjacent to their business. Commissioner Weaver asked who owns the property upon which the ramp would be constructed. Mr. Nehus stated Jim DiBerardinis and Robert Evans own the property and the building. Mr. Jim DiBerardinis stated he had contacted a distributor in Great Falls, who confirmed what the State had indicated on the maximum length of lifts. Mr. Nehus stated the call system appears to be the best alternative beyond installation of a ramp. He stated someone wi II be at the door at all times to check I D's and to check the occupancy load of the business. Commissioner Weaver asked if lifts are safe and if they would work in a commercial venture. Mayor Stiff stated there are lifts at Montana State University. He indicated that lifts appear to be a safe handicapped access. I Building Official Gene Yde stated the basement currently has three exits. He stated two exits are required for the size of the building and the proposed use, so one of the exits could be used for a lift if the State approves the application. Commissioner Anderson asked if any of the employees would be willing to accept the lia- bility for carrying handicapped people up and down the stairs. She also asked if the alterna- tive is legally possible. Mr. Foster and Mr. Nehus stated they would be willing to accept the liability. Mr. Foster then stated installation of a lift would create a financial hardship on the business. City Attorney Crumbaker-Smith stated the proposed call system is not a viable alterna- tive. Mr. Jim Di Berardinis stated he and his partner have invested a lot of effort and money in the building. He noted this is the oldest brick building in the downtown area and is over one hundred years old. Mr. DiBerardinis stated the utilities to the building are now under- ground; and tile was installed to eliminate possible flooding of the basement since it is located close to Bozeman Creek. I-Ie stated both items could be disturbed with construction of a ramp. Mr. DiBerardinis also expressed concern about the safety of the proposed ramp since it is located outside with no covering. Mr. DiBerardinis stated he and Mr. Evans could lose some of the other tenants in the building or be faced with a law suit if the ramp is constructed. Mr. DiBerardinis stated he was not aware of these potential problems when they met with the Building Official in August. The Building Official asked if construction of a ramp between the buildings has been I considered. Mr. DiBerardinis stated the space between the buildings is not wide enough to construct a ramp. He also stated he has considered landscaping the area as a garden space. Mr. Dave Wilder, resident of Bozeman, stated he spends time in the various bars in town. He stated he doesn't see wheelchairs in the bars on a frequent basis. He noted the handicapped should be allowed entrance to a specific bar if they so choose, but he is concerned the cost of that access would be prohibitive in this instance. . 09-26-83 321 Commissioner Mathre stated she would like to have some legal research done on this matter. Mr. Nehus stated he has seen many handicapped persons going into bars along Main Street, which are easi Iy accessed. He noted the ramp for the subject establishment would be located in the rear of the building, which would require handicapped persons going down the alley. He I feels with the number of easily accessed bars along Main Street, installation of handicapped facilities would be a waste of space and money. Commissioner Anderson stated that handicapped people traveling down the alley in the dark with vehicular traffic could become hazardous. The Commission deferred action on the request for a period of one week to allow the City Attorney time to review the matter. License and re uest for permission to - 2: 00 a. m. - In ain Mall parking lot - City Manager Evans presented to the Commission an application for a Liquor Catering License, along with the required fee, submitted by the Livery Stable, for Saturday, October 1, 1983, as well as a request for permission to conduct an "Oktoberfest" from 5: 00 p. m. to 2: 00 a.m. in the Main Mall parking lot. The City Manager noted these should be addressed as separate requests. City Manager Evans then stated the proposed event is to be conducted on private property; and it is not advisable for the City to make a statement on the use of private proper- ty. He then recommended the Commission approve the application for the Liquor Catering License. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion approve the application for a Liquor Catering License submitted by the Livery Stable for an "Oktoberfest" to be held on Saturday, October 1, 1983 in the Main Mall parking lot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting I No, none. B rea k - 6: 1 0 to 6: 1 5 p. m . Mayor Stiff declared a five-minute break at 6:10 p.m., to reconvene at 6:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion - public education program on self-government powers City Manager Evans stated the Commission had requested this item be placed on the agenda. Commissioner Weaver stated he has not been able to reach Acting City Attorney Planalp concerning the outline he and Commissioner Vant Hull had prepared. Commissioner Vant Hull suggested the Commission review the proposed outline of activi- ties to determine how many of the activities should be pursued prior to the November election. The Commission reviewed those activities, determining which Commissioners should pursue which activities. Commissioner Weaver stated he has prepared his own presentation for various groups. He stated he would now like to gather more information and possibly write a two-page informa- tion sheet on self-government powers, for review by the City Manager and approval by the City Commission. Commissioner Anderson stated she has heard citizens express many concerns about self- government powers and suggested voting on the issue be deferred for one year. Commissioner Mathre stated the Gallatin County Clerk and Recorder's Office has indicated I it is too late to withdraw the issue from the ballot. Mayor Stiff stated he has received requests for presentations on self-government powers from three separate groups. Commissioners Vant Hull and Weaver will conduct those presenta- tions. The Commission requested this item be placed on next week's agenda for further discus- sion. 09-26-83 322 Discussion - ossible meetin re water inventory, water quality and water problems in the allatin Valley City Manager Evans stated Commissioner Anderson had requested this item be place on the agenda. Commissioner Anderson noted she had distributed copies of a tentative agenda for the proposed meeting to the Commission. She stated the tentative date for the meeting is Saturday, I November 12, 1983. The Commissioner stated this meeting would be co-sponsored by the City Commission and the County Commission, with input from various specialists as requested. She noted a no-host luncheon is planned; and there should be no costs incurred by either the City or the County. City Manager Evans noted the proposed date is during a three-day weekend. The Commission concurred in Commissioner Anderson1s proceeding with plans for the proposed meeting. The matter is to be brought back to the Commission when more information is available. Selection of Dele ate and Alternate Dele ate to attend National League of Cities Con ress of ities - Novem er 26-30, 1983 - ew rleans, ouisiana City Manager Evans stated Mayor Stiff had requested this item be placed on the agenda. Mayor Stiff stated the Commission must select who will represent the City of Bozeman at the National League of Cities Congress of Cities to be held in New Orleans, Louisiana on November 26-30, 1983. Commissioner Weaver asked if the Congress of Cities is beneficial. Mayor Stiff stated he feels it is important to attend the Congress of Cities once, but he does not feel it would be as important to attend a second time. He then stated it is not so expensive that it should be overlooked. Commissioner Weaver and Commissioner Anderson expressed an interest in finding out more about the Congress of Cities prior to making a decision. I The Commission requested the item be placed on next week's agenda for further discus- sion. Authorize Clerk of the Commission to advertise for applications for the Art Advisory Committee City Manager Evans stated Commissioner Mathre had requested this item be placed on the agenda. The City Manager then recommended the Commission authorize the Clerk of the Commission to advertise for applications for the Art Advisory Committee. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Clerk of the Commission to advertise for applications for the newly-formed Art Advisory Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Proclamation - "Soccer Week" - October 1-8, 1983 Mayor Stiff proclaimed the week of October 1-8, 1983 as "Soccer Week" in the City of Bozeman and urged all citizens to support the soccer program. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorization to Call for Bids - installation of lay-down curbs in the downtown area I City Manager Evans presented to the Commission a request for authorization to Call for Bids for installation of lay-down curbs in the downtown area to provide easier access for the handicapped. The City Manager recommended approval of the request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Call for Bids for installation of lay-down curbs in the downtown area. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 09-26-83 323 Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Traffic safety problems on Durston by Legion Villa Commissioner Anderson stated she had requested this item be added to the agenda. She I stated several people have expressed a concern about the elderly trying to turn left onto Durston from the Legion Villa and the Gallatin County Rest Home. Also, concern has been ex- pressed that some of the elderly living in the Rest Home may wander onto Durston Road, which is a busy street. She asked if signs or flashing lights could be installed so motorists are aware of the elderly community and potential hazards in that area. Commissioner Vant Hull asked if the Pedestrian/Traffic Safety Committee has reviewed the matter. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commission direct the Clerk of the Commission to send a letter to the Pedestrian/Traffic Safety Committee, requesting them to address this matter at their next meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Timing for presentation of the Brown and Caldwell study Mayor Stiff stated he had requested this item be added to the agenda. City Manager Evans stated the City received copies of the rough draft report from Mr. Bob Hunter. Brown and Caldwell, this morning. The City Manager stated the staff has conducted a preliminary review of the report and will meet with representatives of Brown and Caldwell on Wednesday afternoon for possible revision prior to placing the report in final draft form. City Manager Evans then stated Mr. Harris Zeitzew will address the City Commission at its regular meeting next Monday. I The Commissioners asked if copies of the report would be available for their review prior to next week's meeting. The City Manager reminded the Commission that the report is in rough draft form and is subject to change prior to next Monday's Commission meeting. He indicated if the Commission wishes to review the report with that in mind, he will request that the Clerk of the Commission distribute the rough draft copies as soon as possible. Adjournment - 7:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of. the Commission I 09-26-83