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HomeMy WebLinkAbout2000-04-17 Minutes, City Commission .. ..- .--.--........ ......"....- ___no __ . .~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 17, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Monday, April 17, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Acting City Manager Tymrak, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Auaust 16. SeDtember 7. and SeDtember 20. 1999. January 18. January 24. January 31. February 7. February 14. March 6. March 20. March 27. ADril 3. ADril 6 and ADril 10. 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of September 20, 1999, March 20, April 3 and April 10, 2000 be approved as amended and that the minutes of the meetings of March 27 and April 6, 2000, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of August 16 and . September 7,1999, and January 18, January 24, January 31, February 7, February 14 and March 6, 2000, to a later date. Preliminary Dlat review - GillesDie Minor Subdivision - subdivide 0.4479-acre Darcel described as Amended Plat of Lot B. Block 3. Babcock and Davis Addition. and Block 43. Northern Pacific Addition. into three sin ale-family lots (southwest corner of East Davis Street and North Plum Avenue) (P-0009) Acting City Manager Tymrak recommended that consideration of this application be continued to May 1. He indicated, however, that those present for this agenda item should be given an opportunity to provide input if they so desire. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that consideration of this preliminary plat application be rescheduled to May 1, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.. Ordinance No. 1513 - adoDting interim zoning ordinance. with slight revisions. as Dermanent . zone code. effective May 20. 2000 Previously included in the Commissioners' packets was a copy of Ordinance No. 1513, as approved by the City Attorney, entitled: ORDINANCE NO. 1513 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE "DRAFT CITY OF BOZEMAN ZONING ORDINANCE," ATTACHED HERETO AND INCORPORATED BY 04-17-2000 ---....-... -....--.-.-. - .-. ~ -.---.-.. -- - .-- --..--------.---------- - 2 - REFERENCE AS THOUGH FULL Y SET FORTH HEREIN, REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION,OF BUILDINGS AND STRUCTURES FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; DETERMINING THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED AND THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; REGULATING AND RESTRICTING THE DENSITY OF POPULATION; ESTABLISHING . REVIEW BOARDS AND PROCEDURES; ESTABLISHING DEVIATIONS AND VARIANCES AND REVIEW GUIDELINES AND . PROCEDURES THEREFOR; ESTABLISHING ENTRYWAY, HISTORIC, AND NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; ENACTING A SIGN CODE; PRESCRIBING PENAL TIES FOR THE VIOLATION OF ITS PROVISIONS; ADOPTING BY REFERENCE THE "DRAFT OFFICIAL ZONING MAP FOR THE CITY OF BOZEMAN," AND PROVIDING FOR METHOD OF ALTERING ZONING REGULATIONS. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1513, adopting the interim zoning ordinance, with slight revisions, as the City's permanent zone code, be finally adopted, with the zone map revised to include the zone map amendment on 8.75 acres at the southeast corner of the intersection of Fowler Avenue and West Babcock Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown,Commissioner Frost and Mayor Youngman; those voting No, none. Ordinance No. 1511 - revising Sections 18.36.010 and 18.36.020 of the Bozeman Municipal Code to adoDt bv reference sDecific sections of the Uniform' Fire Code and to amend the penaltv section for violations thereto Previously included in the Commis,sioners' packets was ~ copy of Ordinance No. 1511, as approved by the City Attorney, entitled: . ORDINANCE NO. 1511 AN OSDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 15.36.010 OF SAID CODE; ADOPTING ADDITIONAL UNIFORM FIRE CODE STANDARDS, AND REVISING SECTION 15.36.020 REQUIRING ANY VIOLATIONS BE PUNISHABLE AS A MISDEMEANOR. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1511, adopting by reference additional Uniform Fire Code Standards and amending the penalty section thereto, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. General discussion re Darks and license for use aoreements Distributed just prior to the Commfssion meeting was a letter from Career Transitions, dated April 1 0, providing a breakdown of revenues and expenditures for Farmers Market for the past two years. . Superintendent of Facilities and Lands James Goehrung indicated that, under this agenda item, he plans to review the licenses for use for Sweet Pea and Farmers Market as well as the initial draft of the policies and procedures for park use and park reservations. He distributed copies of those documents at the beginning of each individual discussion. He noted that current City ordinance does not allow commercial sales in parks, except under a license for use for an event that has been determined to have community benefit. He identified the various groups with which the City currently has license for use agreements, indicating that each is being carefully reviewed this year, with an eye toward setting the fee at a cost recovery level. He indicated the costs included in that recovery are staff preparation of the site, servicing the 04-17-2000 no - 3 - group's needs during the event, and the clean-up afterward. He noted that, in some instances, the increase is dramatic, while in other instances, it is quite small. Farmers' Market. Superintendent Goehrung gave a brief overview of this draft license for use, noting that the fee was initially set at $1,905; however, with the Farmers' Market accepting responsibility for some of the tasks listed, that amount has been reduced to $1,100, which is significantly higher than the $350 paid last year. He indicated another significant change is a limitation to 130 vendors, based on the number of parking spaces available. . The Superintendent stated that this issue was discussed at the Recreation and Parks Advisory Board meeting on Thursday evening. He noted some of the Board members were adamant that the charges for licenses for use should be higher, while the other side of the argument was that, if an event provides a community benefit, the City should possibly underwrite some of the costs. He characterized his cost recovery approach 'as being between those two positions, and recognized that the Commission has the final authority in setting the level of the fee. City Attorney Luwe recommended that the amount of liability insurance be revised to $1.5 million aggregate and $750,000 per occurrence, to coincide with the City's insurance coverage. Ms. Kristi Wetsch, Manager of Farmers' Market, asked that someone from the City do a weekly walk-through, to determine what damages may have been caused by their activities. She voiced her willingness to pay for the damages that this event causes; however, she does not want to pay for the damages caused by an activity that may occur after theirs. Superintendent Goehrung responded that staff could do a walk-through on the following Monday; however, to do so on Saturday would result in call-out expenses. Ms. Wetsch noted that Farmers' Market has always been a good partner with the City and an asset to the community. She cautioned that when vendor fees are increased, those . costs are passed along to the customers. She then indicated her concurrence with the proposal to move vendors off the lawn and onto the basketball courts. Responding to Mayor Youngman, Daria Joyner, Executive Director of Career Transitions, stated that the net revenues are used to support the literacy program, noting that these revenues represent a very small portion of the overall revenues. She stated that, when Career Transitions took over operation of the Farmers' Market from the volunteer group, it increased the booth rentals from 50 cents to $3.00 per week and, with the additional fees being proposed by the City, an additional increase will be necessary. She recognized that $3.00 per booth is realistic; however, vendors are used to the lower fees, and every attempt is being made to keep them happy. Superintendent Goehrung reminded the Commissioners of the recent discussion about the building at Beall Park, and the financial impacts of deferred maintenance. He noted that the same issues are beginning to arise in the parks, citing the difficulty of maintaining the turf in front of the bandshell as an example. He noted that the City does not have the equipment to adequately maintain that turf when parking is allowed on it, and suggested that the Commission consider prohibiting parking on the grass, for both Farmers' Market and the Tuesday night band concerts. He also proposed that a surcharge for the use agreements could generate monies for long-term improvements. . Mayor Youngman noted this broader topic needs additional time and opportunities for public discussion, recognizing that the public may be willing to bear the costs of equipment to allow continued parking on the grass. Superintendent of Facilities and Lands Goehrung noted that the license for use agreements are signed by staff. He stated, however, that since he is new in this position and since this is a new Commission, he felt it was important to submit the revised agreements to the Commission for review and comment prior to executing them. 04-17-2000 - 4 - The Commissioners concurred unanimously with the revised license for use agreement, asking staff to address the issues that h~\(e been r~ised during this discussion in the final draft. Sweet Pea. Superintendent Goehrung. turned his attention to the 'license for use agreement for Sweet Pea. He noted the amount in the original draft was $2,700 and, through Sweet Pea's acceptance of additional responsibilities, that amount was subsequently lowered to $2,000. He indicated that, to provide for adequate traffic circulation during set-up and tear down while minimizing impacts on the cemetery, an agreement has been reached to allow one- way traffic into Lindley Park via Buttonwood Avenue, .exiting through the cemetery onto Golf . Way. He also indicated this is the last year that the refrigerated truck vii ill be allowed to park in the cemetery, and it is to be moved and the generator turned off during any funerals that may take place during the Sweet Pea Festival. Superintendent Goehrung note~ additional security people are to be hired during the festival to ensure any movement through the cemetery is controlled. . He indicated that the insurance provision in this license for use will also need modification, in light of the previous discussion. He stated that the Recreation and Parks Advisory Board reviewed this document at its meeting on Thursday evening, and several issues were raised. He noted some members felt the event should be opened fully while some felt the City should get a percentage from the button sales. He noted that Lindiey Park takes a beating during this event; however, Sweet Pea has given back many improvements to the park. Mayor Youngman noted that three motions were made at the Recreation and Parks Advisory Board to (1) request financial statements of income and expenses, meeting generally accepted accounting principles, be 'provided annually, (2) address long-term degradation of the park and (3) remember the original purpose of Sweet Pea, as an arts and cultural celebration for the community, and develop a plan to ensure that low- and moderate-income families can afford to attend. Responding to Commissioner Brown, the Superintendent stated that last year's fee was $1,500. He indicated that staff tries to address the impacts on the park by beginning to water . as soon as the festival has moved out of the park and more aggressive fertilization, aeration and overseeding. He stressed that this is not the only activity impacting Lindley Park, citing disc golf as another one. City Attorney Luwe noted that Superintendent Goehrung is attempting to standardize all of the licenses for use. He proposed that, in doing so, the notice of cancellation of insurance be required 30 or, preferably, 45 days prior to cancellation. He also stressed the importance of treating all groups the same. Ms. Lynn Scalia, President of Sweet Pea, stated there are forty people on the Board of Directors, and they are from all walks of life and range from 19 to over 65 years of age. She noted that, based on the issues raised during the past week, it app'ears judgments and recommendations are being made on a lack of information rather than on the facts. She expressed concern that those issues raised by the Recreation and Parks Advisory Board have been taken directly to the Commission, rather than any attempts being made to work with Sweet Pea. She stated that delaying the signing of the use agreement until those issues have been addressed will place an undue hardship on Sweet Pea, particularly since their contracts with vendors and others involved in the festival cannot be mailed out until the site has been secured. She voiced her desire to work in terms of friendliness and cooperation, rather than in adversarial process. She also stressed that many of the issues identified have been discussed by the Board at length, citing affordability, fiscal responsibility and giving back to the . park and the community as examples. She stated the price of the buttons has increased $2.00 over the past thirteen years, with buttons now costing $5.00 if purchased prior to the festival. She indicated that this low price is made possible through the efforts of 2,000 volunteers, who contribute time, labor, services and goods every year. Ms. Joanne Brekkus, Executive Director of Sweet Pea, stated she has served in that capacity for the past seven years, and also serves as an active volunteer. She stated that development of the new license for use began last fall, and Sweet Pea looked at the agreement in January. She noted that the typical practice is to review the document in January and sign it in February, and failure to sign it today will result in delays in planning for the various 04-17-2000 -. .--- -------.-- - 5 - activities. She recognized the many concerns that have been voiced, noting that long-term degradation of Lindley Park has been a topic of discussion before the Board, as well as putting together a plan to address low- and moderate-income family attendance. She noted that, as a result of looking at the costs and trying to keep the costs down, the Board has developed a two-tier system for selling buttons. She indicated that, to avoid conflicting with other community events, such as the Fourth of July celebration, Sweet Pea buttons and merchandise do not go on sale until thirty days prior to the event; and the buttons are sold at discount until the festival begins. She indicated that the increases in button prices were in response to a . financial deficit; and the Board has made a conscious decision to not increase the price of the buttons this year, even though studies reveal they should be raised $1.00 to maintain fiscal responsibility. Ms. Brekkus indicated that many free activities are offered in conjunction with Sweet Pea, including the parade, Taste of Bozeman, Chalk on the Walk, an art workshop, the art show at the Beall Park Arts Center, and activities after 3:00 p.m. on Sunday afternoon. Ms. Brekkus stated that a long-range planning committee has recently been formed, and they will begin working this year. She noted that they do not take use of Lindley Park lightly, and one of the committee's duties will be to look at the affect this activity has on the park. She noted that Sweet Pea has contributed $38,000 in improvements to the park, and they work closely with Park Department staff in making those improvements and working to minimize impacts on the park as much as possible. She distributed a list of the improvements that Sweet Pea has funded as well as a list of improvement projects they are currently reviewing with City staff. Ms. Brekkus distributed copies of the Sweet Pea brochure for the 1999 Festival, noting that Page 6 shows their sources of revenues and how the monies are expended. She noted the standard administrative budget for a non-profit organization is 20 to 25 percent, and Sweet Pea's is currently at 22 percent. She stated any monies left over after the festival go back into the community in the form of grants and special projects for the arts, Lindley Park improvements, permanent supplies and a "rainy day" reserve for Sweet Pea. She concluded . by voicing her desire to work with the City in a cooperative manner, not one based on hearsay and conflict management, and encouraged the Commission to approve signing of the agreement today. Mayor Youngman expressed her concern that Sweet Pea has turned this into a conflict situation, particularly since the Recreation and Parks Advisory Board is one of the Commission's advisory bodies and they have raised issues for consideration. She recognized that taking steps to deal with families would be difficult this year; however, she encouraged the Sweet Pea organizers to recognize that $5.00 each for a family of five is not affordable. She stressed that, since this event is being held in a public park, making it an inclusive event is important. She also noted it is important to standard the license for use agreements and to require the same from the various groups, including an opportunity to review their financials. Commissioner Smiley noted that she has heard comments this past weekend about salaries remaining flat for the past ten years while costs have tripled. As a result, their monies don't go as far and, therefore, they cannot afford to participate in this type of activity any longer. She stressed that Sweet Pea needs to address this segment of the community, not just the "41 million tourists who can afford you"; and asked them to consider a family plan. She concluded by encouraging the Sweet Pea volunteers to solicit input to the greatest extent possible, recognizing that those who truly cannot afford to attend the festival will be very hesitant to say anything. . Mr. Mike McLaughlin, Sweet Pea, stated that, when pricing a product or admission, it is important to look at the value or the perceived value. He stated that, in this instance, a button gives an individual $75 worth of value. He also indicated that the issue of priorities is also an important factor when considering if the cost of a button is too high. Responding to questions from Commissioner Frost, Superintendent Goehrung stated that the date the payment is due is based on the date of the event, and is generally set before the event occurs. He indicated that, in the instance of Farmers' Market, the date is set a month after the market begins, to give them an opportunity to generate adequate revenues to pay. 04-17-2000 ..---. -. - - 6 - Ms. Brekkus expressed concern about the first sentence under Item No.5, stating it protects the City but provides no protection fo'r Sweet Pea. She indicated that, with that statement included, Sweet Pea cannot enter into the agreement because of their contracts with others. City Attorney Luwe stressed that this is not. an agreement; rather, it is a license for use, or a permit to use the park. He indicated that, if the Commission wishes, it may consider adding a provision for notice of termination except in certain emergency circumstances, suggesting that the notice period could be 30 days, 60 days or possibly six months. He . cautioned against changing this document to an agreement or a contract, noting that a _ considerable amount of research would be required to determine the manner in which the park was acquired, since there are several different requirements under State law for entering into a contract for exclusive use of a park. The Commission concluded its discussion of this item by authorizing staff to proceed with completing and signing the license for use with Sweet Pea. Policies and Procedures for Park Reservations. Superintendent of Facilities and Lands James Goehrung stated that, under this draft policy, three different categories are established, for single-use events, special events, and licenses for use. He noted that a single-use event is an event held on a certain day at a certain time, citing weddings, birthdays and reunions as examples. He stated that under this proposal, the base fee is to be increased from $10 to $20. He noted that a waiver of the open container is allowed under tt:lis use, and he is proposing the base fee for that waiver also be increased to $20. Responding to questions from Commissioner Frost, the Superintendent stated that, if the event is a large one, staff will check the site after the event; otherwise, the trash collector is responsible for checking the area. Superintendent Goehrung characterized a special event as a one-time event, citing Clean Up Bozeman, sports tournaments, fishing derbies and boating events as examples. He . indicated that if private property is available for an event, people are encouraged to use that area; otherwise, a City park area may be used. He indicated that no commercial sales are allowed, and consumption of alcohol is discouraged. The Superintendent noted that licenses for use are for specific events that have exclusive use of a park or a portion of a park, such as the Farmers' Market and Sweet Pea. He indicated he intends to take these back to the Recreation and Parks Advisory Board for additional discussion and identifying concerns to be addressed in the documents. Superintendent Goehrung announced that the hockey program was out of the Bogert Pavilion before Clean Up Bozeman. He noted, however, that youth are already skateboarding in the pavilion. He indicated that Park Foreman Ron Dingman is working on an agreement to develop a temporary skateboard area in the parking lot at the West Babcock park area, noting it is staff's hope that area will serve as a magnet for skateboarders until the skate park facility is constructed. The Commission thanked Superintendent Goehrung for the information provided. Discussion - FYI Items . Acting City Manager Tymrak presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the Parking Commission, as submitted by Bruce McCallum. (2) Minutes for the Local Water Quality District retreat held on February 17, 2000. (3) Minutes for the Local Water Quality District meeting held on February 28, 2000. 04-17-2000 .....- - -... .--...--.- ____....u.__.._ ...n . ~. - 7 - (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 18, at the Courthouse. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 18, in the Commission Room. (G) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, April 18, in the Commission Room. . (7) Agenda for the City Planning Board meeting to be held at 7:2Q p.m. on Tuesday, April 18, in the Commission Room. (8) Commissioner Kirchhoff showed prctures of the WalMart in Durango, Colorado, to the Commissioners. He noted that he has no news'on the economic study. . Commissioner Brown stated he is wrestling with how to get good solid data upon which to base a decision on the economic analysis. (9) Commissioner Brown stated that he attended a meeting with Zoot Enterprises last week, characterizing it as a positive one. He noted they would like to stay in'town, but the owner must also make a business decision. (10) Mayor Youngman submitted the following. (1) Spoke to a Political Science class last week. (2) Stated she was the first to volunteer to hold a scorpion during the bug fest. (3) Participated in Clean Up Bozeman. (11 ) Commissioner Smiley submitted the following. (1) Reminded the Commissioners that the first open house by the County Trails Advisory Committee is being held at 7:00 p.m. tomorrow evening at Gallatin Gateway: (2) Suggested that the Commission place an advertisement in the newspaper thanking those who have volunteered to serve on the various City boards, since this is National Volunteers Week. The Commissioners concurred. . ( 12) City Attorney Luwe briefly reviewed the concerns he had about entering into a lease with Sweet Pea for use of Lindley Park, noting that under State statute, depending on how the property was acquired, either a super-majority vote of the Commission or a vote of the electorate might be required. Commissioner Smiley asked that the issues revolving around the cemetery land, particularly dancing on the graves during Sweet Pea, be addressed. Consent Items City Manager Johnson presented' to the Commission the following Consent Items. ADDroval of final olat - Bridger Creek III - subdivide Dortion of tract in NWv... Section 1. T1S. RGE. MPM into 44 single-familY residential lots (north side of Mcllhattan Road. immediately south of City landfill) ExemDtion from subdivision review - to relocate common boundary lines between Lots 13 and 14. Amended Plat of Bomont Center Subdivision - HRDC and Terrv Hunaerford (along east side of Gold Avenue) (E-0003) . Aporove reauest from StoneRidae for $126.150 in imDact fee credits for imDrovements to North 19th Avenue between West Oak Street and Baxter Lane. in accordance with terms of Cost Share Agreement Approve reauest from Bridger Peaks Town Center for $126.150 in imoact fee credits for imDrovements to North 19th Avenue between West Oak Street and Baxter Lane. in accordance with terms of Cost Share Aareement 04-17-2000 . - 8 - Authorize Mayor to sian - Findings of Fact and Order for lewis and Clark Subdivision - subdivide 33.415 acres located in the SW% and NW%. Section 36. T1 S. R6E. MPM. into 8 industrial lots (along north side of Baxter Lane. east of Simmental Way) (P-9933) Authorize Mayor to sian - Findinas of Fact and Order for Allison Subdivision. Phase II (subdivide 61.492 acres located in E%. Section 24. T2S. R5E. MPM. into 24 single-familY residential .Iots and a remainder Darcen . (P-9932) Authorize Mayor to sign . Findinas of Fact and prder for Ferauson Meadows Subdivision (subdiyide 37.796 acres described as a tract in COS No. 161 O. into 106 lots for single-familY r~sidential develoDment and 1 lot for commercial deyeloDment) (P-0004) Acknowledge receiDt of reauest from Delaney and ComDany to vacate Ida Ayenue between East Main Street and the alley to the north and the east/west alley in Block 31. Northern Pacific Addition. extendina westward from Broadway Avenue at aooroximatelv mid-block between East Main Street and East Mendenhall Street: refer to staff Commission Resolution No. 3358 . intent to est~blish 2000 Sidewalk ~rogram: set oublic hearing for May 1. 2000 COMMISSION RESOLUTION NO. 3358 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2000 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. . ADDroval of staff's recommendation to establish the 20QO Sidewalk Reoair Program. to include the area bounded by West Grant Street. South Willson Avenue. West College Street and the MSU camDUS. oer the memo from Engineering Assistant Andy Kerr dated February 25. 2000 Authorize City Manager to sian - Acceptance of Public Utility Easement and Agreement - J.C. Billion. 20-foot-wide easement along east side and north end of J.C. Billion Auto Plaza Subdivision Authorize City Manager to sign - AcceDtance of Public Utility Easement and Agreement - David F. Norton - 10-foot-wide easement alona south edae of COS No. 1005 Authorize City Manager to sian - AcceDtance of Water Pioeline Easement and Agreement - J.C. Billion - 25-foot-wide easement at southeast corner of J.C. Billion Auto Plaza Subdivision Authorize City Manaaer to sign - AcceDtance of Water PiDeline Easement and Agreement - J.C. Billion - 30-foot-wide easement across south boundary of J.C. Billion Auto Plaza Subdivision . Authorize City Manaaer to sign - AcceDtance of Quit Claim Deed from Michael W. Delaney. Delaney and COmDany .Inc.. and Ileana Indreland for rights-of- way for Ferauson Avenue and West Babcock Street Authorize City Manager to sian - AcceDtance of Public Street and Utility Easement - Michael W. Delaney and Ileana Indreland - 50-foot-wide easement along west side of Ferguson Road between Huffine Lane and West Babcock Street (across Tract B. COS No. 1872) 04-17-2000 --- ----.-----.... - 9 - Authorize City Manaaer to sign - AcceDtance of Assignment of Trail Easement - State of Montana. DeDartment of Fish. Wildlife and Parks - 10-foot-wide striD alona western boundary of Tract 2. Van Horn Subdivision ADDlication for TemDOrary Beer/Wine licenses - Gallatin Valley Softball Association for Recreation ComDlex - May 5. 12. 19. 26. 27 and 28. June 2.3.4.9.10.11.16.17.18.23.24.25 and 30. July 7. 8. 9. 21.22. 23. 28. 29. 30. and August 18. 19. 20. 2000: contineen. on receiDt of State licenses . ADDoint Commissioner Frost and Commissioner Smiley to sub-committee to review Pledaed Securities as of March 31. 2000 Award bid - Water Renovations Proiect. Big X. Inc.. Bozeman. Montana. in the total bid amount of $536.218.75 for base bid Dlus Alternate No.1 Award bid - "Breakroom" Addition to Landfill Building - Walker Construction. Inc.. Bozeman. Montana - in the total bid amount of $75.936.00 for Phases I and II with Alternates 1 and 2 Claims It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Recess - 5:00 D.m. . Mayor Youngman declared a recess at 5:00 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 3355. intent to change the name of a street within the Stadium Center Subdivision from" Arianna Way" to "Stadium Drive" This was the time and place set for the public hearing on the City's intent to change the name of a street within the Stadium Center Subdivision from "Arianna Way" to "Stadium Drive", as established by Commission Resolution No. 3355, entitled: COMMISSION RESOLUTION NO. 3355 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CHANGE THE STREET NAME FROM "ARIANNA WAY" TO "STADIUM DRIVE" AND FROM "STADIUM DRIVE" TO "ARIANNA WAY" WITHIN THE STADIUM CENTER SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. Mayor Youngman opened the public hearing. Engineering Assistant Andy Kerr noted that Stadium Center Subdivision is located at the southwest corner of the intersection of Kagy Boulevard and South 11th Avenue, and is currently being developed. He stated the lot owners have expressed concern that the name 04-17-2000 - -- -10- of the looped street changes at approximately mid-point and, as a result, the developer of the subdivision has requested the name of the looped street be changed to "Stadium Drive" for its entire length. City staff has reviewed the request and forwards a recommendation for approval, subject to changing the name of the short connector street between the looped street and State Street from "Stadium Drive" to" Arianna Way" to avoid potential confusion in the future, with the applicant being responsible for all changes in signage. The Engineering Assistant recognized that this street name change will result in some address changes, which will have a minimal impact on some of the City departments. He indicated that, to date, one letter of support has been received. . No one was present to speak in support of or in opposition to the requested street name change. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the requested street name changes and authorize and direct staff to bring back an ordinance enacting the changes. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Ordinance No. 1514 - amendments to Dermanent zone code Included in the Commissioners' packet was a copy of Ordinance No. 1514, as approved by the City Attorney, entitled: ORDINANCE NO. 1514 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING TITLE 18 OF THE SAID CODE; PROVIDING FOR COMPREHENSIVE AMENDMENTS TO THE ZONING ORDINANCE BY ADOPTING BY REFERENCE THE CHANGES DENOTED IN "CITY OF BOZEMAN ZONING ORDINANCE, EFFECTIVE JUNE 1, 2000", ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN. Associate Planner Chris Saunders noted that, at last week's meeting, questions were raised regarding alternatives to groundwater testing and, as a result, Mr. Tony Rolfes is present to address the Commission. Mr. Terry Rolfes, Resource Soil Scientist with the DNRCS, indicated that groundwater may be monitored in various ways, including putting a standpipe in the ground. He recognized that this is not a good alternative in December, which is a low groundwater period; however, he suggested an alternative may be to look at soil indicators. He cautioned that those indicators are readily discernible in some soils but not in others; although that information can be combined with other factors, such as landscape position and vegetation in determining groundwater levels. He suggested that language similar to that used by the County for siting of septic systems could be considered. He indicated a willingness to work with Associate . Planner Saunders in developing language for Commission consideration, if requested to do so. Commissioner Brown recognized the difficulty of developing the additional language needed to provide the desired flexibility, but indicated he feels it would be appropriate to allow for options. Commissioner Smiley suggested that a tiered evaluation system be considered, with the various factors being combined as necessary. She indicated her interest in adding language to provide flexibility, to avoid possible unnecessary delays in construction. 04-17-2000 ______u _..u_. ______ __ _ _ ____ __ __ ____________.__._ - 11 - Responding to questions from Jon Gerster, 719 North Wallace Avenue, Mayor Youngman confirmed that after these zone code amendments are adopted, an additional round of amendments will be considered; and then zone code amendments will be considered after the new comprehensive growth plan is adopted, to bring the zone code into compliance with that new document. Associate Planner Chris Saunders noted that one issue raised in conjunction with the encroachment of eaves into the required side yard setbacks is whether rain gutters count, since they add six inches to the width of an eave, which is typically two feet. He noted the Building . Inspection Department has no problem with that additional encroachment, since they are more concerned about walls and openings in walls. The Commissioners concurred the additional six-inch encroachment of rain gutters is acceptable. Mayor Youngman voiced her hesitation to add language to provide flexibility in groundwater monitoring, noting the intent is to protect the public interest. She recognized that, in certain circumstances, sufficient data could be gathered through a mechanism other than standpipes; but not in every instance. She indicated that, if the language can be written clearly enough to require groundwater testing during high groundwater when there is any question about the results of any other type of testing, then it might be acceptable. Commissioner Frost stated his concurrence with Mayor Youngman's comments, noting that groundwater testing should be required if other types of testing don't provide the needed information with a high level of accuracy. Associate Planner Saunders suggested the code could be' written to set specific standards, with an option for the City to consider any alternative that might be submitted by an applicant. He indicated that, under this proposal, the code requirement could remain for groundwater testing during high groundwater, with the applicant having the ability to forward a proposal for considering soils series and other factors. He indicated that this information . could be reviewed during the concept phase of a planned unit development. The Commissioners concurred that option is preferable to the first option discussed. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1514, amending the permanent zone code, be provisionally adopted 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Public hearing - COA with deviations from Sections 18.18.030 and 18.50.120.K.. Bozeman MuniciDal Code. to allow construction of second dwelling unit on lot which is 10 feet less than reauired GO-foot width and allow stacking of two vehicles on existina shared drive which encroaches 8 feet into reauired side yard setback on Lots 5 and 6. Block 4. CaDitol Hill Addition - James and Joanne Timmer. 811 South 6th Avenue (Z-0019) This was the time and place set for the continued public hearing on a Certificate of Appropriateness, as requested by James and Joanne Timmer under Application No. Z-0019, with deviations from Sections 18.18.030 and 18.50.120.K. of the Bozeman Municipal Code, to allow construction of a second dwelling unit on a lot which is 10 feet less than the required . 60-foot width and to allow stacking of two vehicles on existing shared drive which encroaches 8 feet into the required 8-foot side yard setback on Lots 5 and 6, Block 4, Capitol Hill Addition. The subject property is more commonly known as 811 South 6th Avenue. Mayor Youngman reopened the continued public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, a 16-foot by 26-foot addition is to be constructed on the west side of the existing residence, as well as a new attached 22-foot by 26-foot garage with new dwelling unit on the second floor and a new 14-foot by 25-foot deck; and the entire structure is then 04-17-2000 - ----.------ - 12 - to be sided with new 5-inch horizontal wood siding. He noted the subject property is located adjacent to the Cooper Park Historic District. The Historic Preservation Planner noted that staff has received seven letters of opposition to this application, and briefly highlighted some of the issues raised in those letters. He indicated that staff has reviewed this application in light of the zone code and criteria for consideration of deviations, and the staff1s comprehensive findings are contained in the written staff report. He noted that, based on the neighborhood opposition and concerns identified during review of this application, staff has forwarded a recommendation for approval, subject . to five conditions. He briefly highlighted those conditions, noting the first condition requires separation of the main structure and the garage, with as much distance between those structures as possible. Historic Preservation Planner Strahn stated the applicant and architect have worked with City staff in good faith, in an effort to develop a design that meets code requirements. He indicated that, in response to concerns raised, the applicant's architect has revised the drawings to provide for a broken roofline and .some variation in the wall planes. He noted, however, that concerns continue over the scale and massing, and the impacts they will have on the surrounding neighborhood. The Historic Preservation Planner stated that two deviations are being sought in conjunction with this application. The first is from the code requirement for lot width, since the subject lot is 50 feet wide, and a minimum of 60 feet is needed for a duplex unit. The second deviation is to allow for stacking of two vehicles in an existing shared driveway which is located on the property line. The Planner stated that the character of this property has been altered with a rather large rear addition constructed in approximately 1950. He indicated that under this application, the additions will extend another 52 feet, bringing the total length of that elevation to 86 feet. City Attorney Luwe noted that Condition Nos. 1.8. and 2., as recommended by staff . contain the language "give serious consideration". He cautioned that language is not enforceable and recommended the Commission revise the conditions to either require or not require those items. Mr. James Timmer, applicant, noted there has been a considerable amount of opposition to the project, and he is looking at additional mitigation measures. He stated that, in an attempt to address that opposition, the office has been eliminated and the roofline of the addition lowered. He noted that the existing tree along the north side of the proposed addition is a major factor in shading the neighbor's property and reducing the sunlight to their property. He voiced his regret in developing a proposal that has generated negative comments from the neighbors, and asked that he be given an opportunity to submit further suggestions after the public has had an opportunity to comment. Mr. Jack Ranieri, architect for the applicant, stated he has tried to design an addition that will accommodate the needs of the family by providing additional living space, a garage, and a future living unit for an elderly family member. He indicated that all of this additional space was configured to allow the two existing mature spruce trees to remain. He has tried to keep the height as low as possible and has tried to match the addition to the existing house, which has been difficult because of the "hump back" design of the original house and first addition. . Mr. Richard Swanson, 807 South 6th Avenue, stated he lives immediately to the north of the subject property and is the last house in the Cooper Park Historic District. He noted that he had contemplated adding a garage, but rejected that idea because of the pressure it would have on the neighborhood. He expressed concern about the impact this proposed addition would have on the area and on his property, and encouraged the Commission to not approve it. He also voiced concern that the second dwelling unit could become a rental unit until it becomes a mother-in-law home, which would further increase the impacts on the area. Ms. Vranna Sue Hinck, 701 South 7th Avenue, stated the plan looks like a great dream for the applicant, but encouraged the Commissioners to consider the impacts on the adjacent 04-17-2000 .. .- -- .... - 13 - properties. She noted that, as she sat in the back yard of the property adjacent to this home, she tried to envision the addition and was concerned about how much it would shadow the back yard and how much the second-story windows might invade the privacy of the neighbors. She concluded by noting that, while the spruce tree does shade the neighbors' property, it does not invade their privacy. Ms. Sheila Devitt, 814 South 6th Avenue, stated she lives across the street from the subject property. She expressed concern about the precedent that this project may set, characterizing the neighborhood as a quaint area developed in the 19305 with small houses and . one-car garages. She encouraged the Commission to not approve this application, but encourage the applicant to possibly come back with a proposal for a smaller addition. Historic Preservation Planner Strahn stated that, when evaluating this application, staff tried to balance the needs and rights of the property owner with the rights of the neighborhood and, on that basis, developed the conditions contained in the staff report. Mr. James Timmer stated that Mr. Ranieri has prepared a revised drawing in response to the recommended conditions, and posted that drawing for the Commission to consider. He noted that the garage has been detached and moved back four feet; and the addition has been shortened and lowered to a single story. Planning Director Andy Epple recommended that the Commission continue this public hearing for at least a couple of weeks to give the Administrative Design Review Staff, the public and the Commission an opportunity to review and comment on the new plan. Commissioner Frost characterized the new drawing as a major improvement, but suggested that a window be added to the garage. He also indicated the spruce on the northwest side should be removed, noting that "spruce trees are not good neighbors" and suggested that deciduous trees would look great in that location. Responding to City Attorney Luwe, Mr. Timmer indicated that, with submittal of this . new plan, he is withdrawing his first proposal from further consideration. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that this public hearing be continued to May 15, to give staff an opportunity to review the new site plan and forward recommendations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Public hearing ~ Conditional Use Permit to allow continued oceration of an automobile sales service and automobile reDair facilitv on Lots 1 and 2. Block H. clus west 10 feet of Lots 1 and 2. Block G. Story's Addition. and Certificate of Accrocriateness with deviations from Sections 18.50.020.C.8.b.. 18.50.120.K. and 18.50.110.D. Bozeman MuniciDal Code. to allow disclav area to encroach into front and side yards. allow Darkina to encroach into the side yard and allow drive access within 150 feet of intersection of West Main Street and North 10th Avenue - Scringer Graue for Rainaab Partnershic. LLC (920 West Main Street) (Z-0021 ) This was the time and place set for the public hearing on a Conditional Use Permit, as requested by Springer Group for Raingab Partnership, LLC, under Application No. Z-0021, to allow the continued operation of an automobile sales service and automobile repair facility on Lots 1 and 2, Block H, plus the west 10 feet of Lots 1 and 2, Block G, Story's Addition, and . a Certificate of Appropriateness with deviations from Sections 18.50.020.C.8.b., 18.50.120.K. and 18.50.110.0 of the Bozeman Municipal Code, to allow the display area to encroach into the front and side yards, allow parking to encroach into the side yard and allow a drive access within 150 feet of the intersection of West Main Street and North 10th Avenue. The subject property is more commonly located at 920 West Main Street. Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that under this application, operation of the e~isting auto sales and auto repair businesses will continue at the 04-17-2000 -------- - 14 - subject location. She reviewed the deviations being requested in conjunction with this application, noting that they will allow parking for the display area to encroach into the front and side yard setbacks and allow one of the existing drive accesses, which is within 150 feet of the intersection, to remain. She noted that a number of site improvements are proposed in conjunction with this application, including blocking off two of the four existing accesses, and adding landscaping, paving and curbing. The Assistant Planner stated that staff reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the written . staff report. She indicated that, following that review, staff forwarded a recommendation for approval, subject to several conditions. Mr. Russ Skelton, Springer Group, architect representing the applicant, stated concurrence with the staff report. He characterized this as a significant improvement to the site, noting the property owner has been cooperative and flexible in taking the steps necessary to bring this site into compliance with the code. Responding to Commissioner Frost, Mr. Skelton showed the Commissioners a three dimensional picture of the outdoor light fixture being proposed. Mr. Lowell Springer, Springer Group, stated the applicant agrees with the conditions recommended by staff. Commissioner Frost stated the light fixture meets code and looks good. He then characterized this application as a big improvement to the site. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the Conditional Use Permit, as requested by Springer Group for Raingab Partnership, LLC, under Application No. Z-0021, to allow the continued operation of an automobile sales service and automobile repair facility on Lots 1 and 2, Block H, plus the west 10 feet of Lots 1 and 2, Block G, Story's Addition, and a Certificate of Appropriateness with deviations from Sections 18.50.020.C.8.b., 18.50.120.K. and 18.50.110.0 of the Bozeman Municipal Code, to allow the display area to encroach into the front and side yards, allow parking to encroach into the side yard and' allow a drive access within 150 feet of the intersection of West Main Street and North 10th Avenue, subject to the following conditions: 1. Grass shall be planted along the boulevard. 2. The landscaping plan shall include additional large canopy trees within the parking lot landscaping, two along the west side and one on the north side of the lot. 3. All storage facilities shall be screened from view by a fence per Section 18.50.070.E.1. A solid 6-foot fence shall be built with the finished side facing the adjoining residence to visually screen the parking area and the vehicles awaiting repair. Detailed drawings of the fence shall be provided with the final site plan submittal. . 4. The domestic water service must be brought into compliance with the City of Bozeman backflow protection policy. This will require a double check backflow device as approved by the City of Bozeman and installed by a licensed plumber. 5. The floor drain, if connected to City sewer service must comply with City standards applicable to grease, oil, sand, etc. 04-17-2000 __ u.._n____ . -.-- .___...__m ___ . - 15 - 6. A call for locates must precede any work in the vicinity of the domestic water service and curb box. 7. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 8. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or . assigns, and shall be recorded as such with the Gallatin County Clerk arid Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. 9. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 10. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. ADDeal - decision of the ImDact Fee Review Committee. forwarded by Gallatin County re Haynes Davilion Associate Planner Chris Saunders gave a brief history of this item, noting that the appeal is to a decision of the Impact Fee Review Committee rendered on March 1. He noted that, on . March 13, the appeal was filed with the Clerk of the Commission, and that appeal contains three specific points for which the Commission sought'additional clarification. He indicated that request was forwarded to the County Attorney's Office, and their response is dated April 13. He noted that, in an April 14 memo, Staff Attorney Tim Cooper forwarded his review of that response. Associate Planner Saunders noted the County Attorney's Office has requested that the Commission grant a waiver of the impact fees; the City Attorney's Office is recommending a waiver not be granted. He indicated, in fact, that the Building Inspection Department is holding the County's check in the amount of impact fees determined by the Committee, pending Commission action, so they could obtain a building permit for the foundation. He noted the County Attorney's Office also requested a stay- on the processing of this appeal, pending the outcome of the litigation currently in progress; and the City Attorney's Office indicates that is acceptable, since the fees are paid. The third issue is setting a date and time for consideration of this appeal if the first two issues are decided in the negative. City Attorney Luwe reviewed the decision process, which is to address each of the three questions as listed above. He noted that if the Commission grants the requested stay, the date and time for considering the appeal will be set after the litigation is settled. Deputy County Attorney Christopher Gray stated his concurrence with the information . provided by Associate Planner Saunders and City Attorney Luwe. He withdrew the County's request for a waiver in light of the fact that the fees have been paid, but asked that the Commission grant the stay, thu~ putting "this case in dormancy for the period the other litigation is ongoing". Responding to Commissioner Kirchhoff, Associate Planner Saunders stated the City has paid impact fees for the recreational facilities at the Bozeman Ponds, and will need to pay impact fees for expansion of the building at the landfill if it is annexed before that expansion occurs. He indicated that no impact fees were needed with renovation of the Professional Building from medical offices to professional offices because the impacts are now less. 04-17-2000 - - - -------------- -.---- -.----- -.-- . - 16 - Responding to Commissioner Brown, City Attorney Luwe stated that, if the City receives an unfavorable result from the court, the impact fees will be refunded. If the result from the court is favorable, the Commission will hear the appeal, and their decision will determine whether the City retains or refunds the impact fees. Responding to Commissioner Kirchhoff, Associate Planner Saunders stated the County tendered approximately $7,500 in impact fees, or 20/52 of the total, based on the Committee's mitigation of the original amount. . It was moved by Commissioner, Kirchhoff, seconded by Commissioner Brown, that the Commission grant the appellant's request for a 'stay. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Adjournment. 8:30 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. ~O~ MARCIA B. YOUNGMAN, Mayor ATTEST: . ~ :/~ ROBIN l. SULLIVAN Clerk of the Commission . 04-17-2000