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Home My WebLink About1997-09-15 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 15, 1997 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, September 15, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Staff Attorney Cooper 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 - September 2 and SePtember 8. 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meeting of September 2, 1997, be approved as amended, and the minutes of . the meeting of September 8, 1997, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Decision - Zone Map Amendment - AS to R-3. R-4 and M-2 - 89 + acres being aoortion of Film 50. Page 177. located in the E%. NEY-. and the SEY-.. Section 36. T1S. R5E. MPM (along west side of Manlev Road. extenuina north from Griffin Drive) (Tablerock Ventures. Inc.. for David pnd Thelma Manlev) (Z-9785) This was the time and place set for the decision on the Zone Map Amendment, as requested by Tablerock Ventures, Inc., for David and Thelma Manley, under Application No. Z-9785, to amend the zoning designation from "AS", Agricultural Suburban, to "R-3", Residential~-Medium-density, "R-4", Residential--High-density, and "M-2", Manufacturing and . Industrial, on 89:!: acres, known as a portion of Film 50, Page 177, located in the East One~ Half of the Northeast One-Quarter and the Southeast One-Quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the west side of Manley Road, between Griffin Drive and the East Gallatin River. 09.15-97 ---....--- - 2 - City Manager Johnson reminded the Commissioners that four affirmative votes are needed for approval of this amendment, and that approval must be contingent upon annexation, Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated September 5, with which he forwarded a letter from Larry Vosti, dated September 4. . Associate Planner Chris Saunders reviewed the letter from Mr. Vosti as well as the analysis he had provided in his memo. He noted that Mr. Vosti has forwarded a proposal to leave the 11 to 14 acres of floodplain in "AS", Agricultural Suburban, zoning, with the remainder of the parcel being zoned "R-2", Residential--Single-family, Medium-density, and "M-1", Light Manufacturing, as recommended by the Planning Board. He stated that the floodplain area has been identified as 12.8 acres, and the result of this proposal would be a reduction of 75 to 76 dwelling units on the subject parcel as well as precluding any type of development in the floodplain areas. Responding to Mayor Stueck, the Associate Planner stated that under "R-S", Residential- -Suburban, Country Estates, zoning, one dwelling unit is allowed per acre, with a possible 30- . percent bonus with development through a planned unit development. Responding to Commissioner Frost, the Associate Planner stated that under the proposed zoning designations of "AS" and "R-2" on the northern two-thirds of the subject property, a total of 354 dwelling units could be constructed without a density bonus. Commissioner Youngman suggested that the Commission consider "AS" zoning for the floodplain area, "R-S" for the northern one-third of the parcel to provide adequate buffering for surrounding residential development and "R-2" for the middle one-third of the parcel, noting that would result in allowing approximately 290 + dwelling units. Mr. Larry Vosti, applicant, stated he is interested in protecting the areas about which concerns have been raised as well as being responsive to the concerns of the neighborhood. He then stated he has no problem with the proposal to implement "AS" zoning in the floodplain . area, "R-S" zoning for the northern one-third of the parcel and "R-2" zoning for the middle one- third of the parcel. Responding to comments from Mayor Stueck, Associate Planner Saunders stated that the Commission may enact the zoning it wishes. He stated that if multiple zoning designations are placed on a single parcel, the more restrictive governs. He indicated that staff will take the 09-15-97 . _____ .._ ._n_____n._n __. _.___._ ..____. .__ ........--- - - 3 - steps necessary to ensure that lots are created as needed to ensure that multiple zoning designations do not create a problem during development of the site because of the differences in restrictions in the zoning designations. He recommended that, in conjunction with approval of the zone change, the Commission direct the applicant to provide the appropriate legal descriptions for the zone changes. He also requested that the description for the floodplain be . completed as a combination of rectangles, to provide for ease of administering the zoning designations, recognizing that slight deviations from the floodplain lines may result. Responding to Commissioner Frost, the Associate Planner estimated the distance between Griffin Drive and the southern boundary of the subject property at 700 to 800 feet. Responding to Commissioner Youngman, Associate Planner Saunders stated that amending the floodplain map with FEMA requires a considerable amount of effort. He then indicated that it may be beneficial to update the map if it appears the map does not accurately reflect the floodplains in and around the community. Planning Director Epple reminded the Commission that establishing the zoning boundary for the proposed" AS" zone will not affect the floodplain boundaries. He noted that if, as a . result of using rectangles to describe the "AS" zone, bits of the floodplain lie within the "R-S" zoning designation, all restrictions will still apply in the designated floodplain. He encouraged the Commissioners to recognize that the proposed "AS" zoning for the floodplain area is designed to remove that 12.8-acre portion of the site from the area upon which density is calculated. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Zone Map Amendment, requested by Tablerock Ventures, Inc., for David and Thelma Manley under Application No. Z-9785, by revising the zoning designation on 89:t acres, known as a portion of Film 50, Page 177, located in the East One-Half of the Northeast One-Quarter and the Southeast One-Quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, as follows: 12.8 acres on the north end of the . property, generally encompassing the floodplain to remain "AS", Agricultural Suburban; from "AS", Agricultural Suburban, to "R-S", Residential--Suburban, Country Estates, on the remainder of the northern one-third of the subject parcel; from" AS", Agricultural Suburban to "R-2", ResidentialnSingle-family, Medium-density, on the middle one-third of the subject parcel; and from "AS", Agricultural Suburban", to "M-1", Light Manufacturing, on the south one-third; 09-15-97 .---.- --.---------.,,-...-- - - 4 - and direct the applicant to provide a generally rectangular legal description encompassing the floodplain and other zoning designations; and direct staff to bring back an ordinance enacting the zone changes upon completion of the annexation process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Conditional Use Permit - Swan Falls, LLC, for Walter and Gretchen Woodhull- allow construction of phased two-building, two-story office complex on Tract 2 and east 15 feet of Tract 3, Mountain Vista Subdivision (Swan Falls Professional Center, 1915 West Colleae Street) (Z-97126) This was the time and place set for review of the Conditional Use Permit requested by Swan Falls, LLC, for Walter and Gretchen Woodhull, under Application No. Z-97126, to allow construction of a phased two-building, two-story office complex on Tract 2 and the east 15 feet of Tract 3, Mountain Vista Subdivision. The subject property is more commonly located at Swan Falls Professional Center, 1915 West College Street. Planning Director Andy Epple presented the staff report on behalf of Senior Planner Dave Skelton, a copy of which had previously been distributed to the Commission. He stated the . subject 1 .1 09-acre parcel is located at the southeast corner of the intersection of South 20th Avenue and West College Street. He noted the subject property is heavily wooded and screened and currently contains one single-family home. Under this application, a phased two- building office complex is to be constructed, and the existing home will be removed to accommodate construction of the second building. He stated the property is to be developed in a sensitive manner, preserving as many of the existing trees as possible. The Planning Director noted that during last week's agenda meeting, three issues were identified as issues of concern for the applicant. He noted that it appears two of those issues have now been satisfactorily resolved, with only one remaining item to be addressed. He stated the first issue pertains to extension of the sewer main to the subject site and the . ded ication of the existing private sewer main to the City. He stated that Mr. Cowdrey has indicated a willingness to dedicate the sewer main to the City, and it appears that adequate easements exist for the extension of the main to the subject parcel. He noted that the second issue pertained to the simultaneous construction of infrastructure and the first office building, 09-15-97 ---- ----------- ------------- ----.-- .---.-. -.---..------ -.--. - .._~..~_._._. - --_.,,----,,_.- - 5 - and it appears the applicant has now decided to install the infrastructure improvements before undertaking construction of the new building. The Planning Director stated the last issue, which remains an issue, is the proposed requirement for installation of sidewalks along the east side of South 20th Avenue in conjunction with the development of this site. He noted that the Development Review . Committee has recommended that sidewalks be installed along South 20th Avenue in conjunction with the construction of the first building in this development, and the Planning Board has forwarded a recommendation that sidewalks be required along the subject property at the time the property immediately to the north develops or at the time improvements to West College Street are completed, whichever occurs first. The applicant has requested that the installation of sidewalk along South 20th Avenue not be required until sidewalks are ordered in along South 20th Avenue. He stressed that, whenever the sidewalks are installed, under the City's existing policy, the applicant may work with staff to identify an alignment that will ensure the preservation of as much of the existing vegetation as possible. He recognized that the Commission could require the installation of sidewalks by a date specific; however, he . cautioned that can create administrative problems. He noted, rather, the staff would recommend that if the Commission does not wish to require the installation of sidewalks in conjunction with this project, it accept the Planning Board's recommendation. Mr. John Kauffman, Swan Falls, LLC, stated that there are currently City-standard sidewalks along the west side of South 20th Avenue. He requested that the applicants be allowed to work with staff to deviate from the standard width and location, to minimize impacts on the existing mature vegetation. He also requested that installation of the sidewalk be postponed until either the area is developed or sidewalks are ordered in along the entire street length. He noted that requiring the sidewalks along this property immediately will result in a short piece of sidewalk with no connection and very limited benefit. Responding to Mayor Stueck, Mr. Kauffman stated they anticipate development of Phase . II of this project in three to five years. Responding to Commissioner Rudberg, the Planning Director stated there are currently no sidewalks along the north side of West College Street in this area. He then stated that he and Project Engineer Rick Hixson walked the site on Friday afternoon, and it appears that most 09-15-97 - 6 - of the mature vegetation along the South 20th Avenue frontage could be preserved, particularly if the sidewalk is curved toward the street in some places. Commissioner Rudberg questioned the wisdom of requiring the installation of the sidewalk in conjunction with the project, particularly since it connects to no other sidewalks. Responding to comments from Commissioner Frost, Planning Director Epple reminded . the Commission that if it chooses not to require the installation of sidewalk along South 20th Avenue in conjunction with either phase of this project, it still has the authority to order them in at some time in the future. Commissioner Frost stated his support for requiring the installation of sidewalks in conjunction with development of a parcel, noting it alleviates problems and hard feelings in the future. Mayor Stueck suggested the Commission consider tying the installation of sidewalk on South 20th Avenue to the construction of Phase II, improvements to West College Street or development of the parcel to the north, whichever occurs first. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission approve the Conditional Use Permit requested by Swan Falls, LLC, for Walter and Gretchen Woodhull, under Application No. Z-97126, to allow construction of a phased two- building, two-story office complex on Tract 2 and the east 15 feet of Tract 3, Mountain Vista Subdivision, subject to the following conditions: 1. That the applicant comply with the recommended conditions of the Development Review Committee (D.R.C.) and Design Review Board (D.R.B.) as outlined below in this staff report prior to obtaining final site plan approval and issuance of a certificate of appropriateness; 2. That the applicant execute acquisition of a thirty (30) foot wide utility easement and dedication of the sanitary sewer main known as the Cowdrey Sewer to the City of Bozeman, whereby the utility easement is granted to the City rather than the property owners prior to the issuance of a building permit, and that the existing sewer must be television inspected and any deficiencies found must be corrected prior to approval of plans for any extension; . 3. That the applicant shall install a City standard boulevard sidewalk along the South 20th Street frontage either (1) prior to occupancy of Phase II, (2) development of the property immediately adjacent to the north, or (3) in conjunction with improvements to West College Street, whichever occurs first. Any deviation to the standard alignment or location must be approved by the City Engineer prior to final site plan approval; 4. That the applicant shall execute at the Gallatin County Clerk and Recorder's Office a waiver of right to protest creation of S.I.D.s for improvements to 09-15-97 - 7 - West COllege Street, including paving, curb and gutter, sidewalk and storm drainage, prior to final site plan approval; 5. That the applicant will abandon the existing drive approach to West College Street from the existing single-family residence with development of Phase II; 6. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and specific conditions imposed by the conditional . use permit procedure; 7. That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use; 8. That all conditions specifically stated under any conditional use listed in Title 18 of the Bozeman Municipal Code shall apply and be adhered to by the owner of the land, successors or assigns; and 9. That all of the special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . ADDointment of Water Resources Task Force Included in the Commissioners' packets was a listing of the twelve agencies providing names for potential appointees to the Water Resources Task Force. City Manager Johnson forwarded ten names, based on the information submitted by the Commissioners following last week's work session. Responding to Commissioner Stiff, Director of Public Service Forbes stated that the ten members of the Water Resources Task Force appointed by the Commission will be responsible for appointing five additional members. He stated that, while there is no requirement that those individuals be from the list of stakeholders, he anticipates that the task force members will take . that into consideration. Commissioner Youngman stated she feels it is inappropriate to not include a representative from an environmental group to provide balance on the task force. She then encouraged the Commission's appointees to the task force to carefully review its balance and select the other five members in a manner which will provide a well-rounded committee. 09-15-97 -.-- n___.._.. ---.--.-..-.-- .. ----.- -.-.--.---....--.. . .-..--....-- - 8 - Mayor Stueck noted that many of the members of the task force may represent more than one group or one interest. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission appoint ten members to the Water Resources Task Force, as follows: Gretchen Rupp American Water Resources Association . Kathryn (Kay) Moore Bozeman Creek Water Users Association Rich Morse Bozeman Watershed Council Dean Elliott Water Treatment Plant Superintendent Bruce Rich/Mark Lere Department of Fish, Wildlife and Parks Scott Compton Department of Natural Resources and Conservation Randy Sullivan Montana Power Company Robert Lashaway Facility Services, MSU Gene Gibson U.S. Forest Service Sandi Nichols Southwest Montana Building Industry Association The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Discussion re Dossible acauisition of Chronicle Building City Manager Johnson stated that he has submitted to the Commission a copy of the . letter he sent to Mr. Coffman, Publisher of the Bozeman Daily Chronicle, dated September 12, informing him that the City's latest offer is its "highest and best". He stated that, in light of the fact that the Chronicle has not accepted that offer, the City will not be purchasing that building. Responding to Commissioner Frost, the City Manager stated that the City will pursue possible acquisition of an alternative site. Mr. Coffman stated that he has received a letter from the Salvation Army offering to hold their offer, which the Chronicle has tentatively accepted, for two weeks to give the Chronicle an opportunity to negotiate with the City for purchase of the building. He noted that he and two representatives from the Salvation Army are present at this meeting to publicly forward . that offer. Mayor Stueck stressed that the City is under fiscal constraints and cannot negotiate beyond its written offer. Commissioner Rudberg voiced her frustration that the City must operate under the open meeting law, with its position being discussed and acted on in a public meeting. She stated 09.15-97 - 9 - that she still believes this building would have been the best alternative for a new City office structure and would have been a good anchor in the downtown area, but she recognizes that the City cannot outbid the Salvation Army. Mayor Stueck noted a recent letter to the editor Questioned why the City has not considered the Elk's Building as an alternative. He noted that the City staff has carefully . viewed the structure to determine if it can feasibly be remodeled for office space. He stated that the building is priced well in excess of $1 million, and it would take at least $.5 million to renovate the facility into offices. He stated that is significantly in excess of the monies the City has available for acquiring additional office space. Mr. Coffman stated it was his understanding the City might be able to increase its offer, depending on whether additional monies may be available. City Manager Johnson stated the source of possible additional monies was the mill value. He noted that the staff verbally received the mill value today, and the mill levy proposed in the City Manager's recommendations, which is the maximum allowed under State law, will generate a total of $3,400 more than projected. . The Commission confirmed that, in light of this information, the City is unable to increase the amount it can pay for additional office space and recognized that an alternative site to the Chronicle building must be considered. Ordinance No. 1448 - establishing an initial zonina desianation of R-3 on 2.969 acres known as COS No. 947. located in the SW%. Section 11. T2S. R5E. MPM (alona south side of 3300 block of West Babcock Street for Bozeman Interfaith Housing II Droiect) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1448, as approved by the City Attorney, entitled: ORDINANCE NO. 1448 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3" . (RESI DENTIAl--M EDI UM-DENSITY) ON 2.969 ACRES lOCATED IN THE SOUTHWEST ONE-QUARTER, SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1448, establishing an initial zoning designation of R-3 on 2.969 acres known as COS No. 947, located in the Southwest One-quarter of Section 11, 09-15-97 - 10 - Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Commission Resolution No. 3200 - revising guidelines for the Community DeveloDment Block . Economic DeyeloDment Reyolvina Loan Fund Included in the Commissioners' packets was a copy of Commission Resolution No. 3200, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, REVISING GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT REVOLVING LOAN FUND, AND SUPERSEDING COMMISSION RESOLUTION NO. 2852. The City Manager noted that, distributed just prior to the meeting, was a letter from Randall Dugger, Treasurer and Chief Financial Officer of ILX lightwave Corporation, dated September 15, forwarding his opposition to the proposed changes in the guidelines. At Commissioner Youngman's request, Ms. Dixie Swenson, Executive Director of the . Gallatin Development Corporation, submitted a response to Mr. Dugger's letter. She stated that, while the revised guidelines provide flexibility and will allow for consideration of quality jobs, the creation and retention of jobs for low- and moderate-income families will continue to be apriority. Commissioner Rudberg stressed the importance of getting people above the low-income level by providing quality jobs at a living wage. Commissioner Youngman stated this is an issue to be carefully monitored. She forwarded her support for the flexibility of the revised language, but stressed the importance of considering low- and moderate-income families whenever possible. She noted that, since public monies are involved in this program, it is important to ensure this segment of the population is being assisted as much as possible. . Ms. Swenson recognized Commissioner Youngman's concern and indicated that the Gallatin Development Corporation will provide whatever monitoring the City requests. No one was present to submit testimony regarding the proposed revisions. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission adopt Commission Resolution No. 3200, revising guidelines for the Community 09-15-97 - 11 - Development Block Grant Economic Development Revolving Loan Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Award bid for sludge lagoon expansion/rehabilitation - Williams Plumbing and Heatina, Inc., Bozeman, Montana - base bid Dlus additive alternate 1, in total bid amount of $500,000 Included in the Commissioners' packets was a memo from Project Engineer James Nickelson, dated September 10, recommending that the bid be awarded to Williams Plumbing and Heating, Inc., in the bid amount of $599,000, since it is well below the engineer's estimate. He further recommended that the budget be adjusted from $265,000 to $763,900, to cover the costs of construction plus all attendant costs for this project. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission award the base bid plus the additive alternate 1 for the sludge lagoon expansion/rehabilitation, to Williams Plumbing and Heating, Inc., Bozeman, Montana, in the bid amount of $599,000. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Youngman, Commissioner RUdberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the Recreation and Parks Advisory Board, submitted by Bruce Parker, dated September 4, 1997. (2) Copy of the press release prepared by Neighborhood Coordinator/Grantsperson James Goehrung regarding traffic accidents and traffic safety in Bozeman. . (3) Letter from the Federal Emergency Management Agency announcing that the City regains its flood insurance premium discount. (4) Minutes for the Historic Preservation Advisory Commission meeting held on August 12, 1997. 09-15-97 ------- - 12 - (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 16, in the Commission Room. (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, September 16, in the Commission Room. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, . September 16, at the Courthouse. (8) Agenda for the Montana Transportation Commission meeting to be held on September 30 and October 1 in Sidney, Montana. (9) The City Manager submitted his weekly report, as follows. (1) Stated that staff spent a substantial amount of time last week attempting to finalize purchase of the Chronicle building. (2) Announced that an MPA intern from MSU, Travis Rothweiler, will begin work on Tuesday morning. One of his tasks will be developing a model for allowing traditional City services to be competitively bid by outside organizations as well as the internal organization. (10) Commissioner Youngman stated that she spoke to a Scout troop last week. As a result of the discussions with the troop, she forwarded the suggestion that a young person . be included on the Bicycle Advisory Board as well as the Recreation and Parks Advisory Board. (11) Commissioner Rudberg submitted the following. (1) Noted that the Library Board report revealed there are 11,291 members from Bozeman and 10,317 members from outside city limits at the present time. (2) Thanked staff for their efforts to develop a successful offer for the Chronicle building, forwarding her disappointment that those efforts were unsuccessful. (12) Commissioner Stiff stated that he enjoyed the Parade of Homes and the grand opening of the Valley Ice Garden facility this past weekend. (13) Mayor Stueck submitted the following. (1) Attended the opening of the ice center. (2) Attended the Recreation and Parks Advisory Board meeting last week. (3) Stated that the Government teacher at the Bridger Alternative School has approached him about having the class follow a project through the entire City process. He noted that, since the class . has six to ten students, it may be possible for them to follow the process with minimal impact on staff while providing them with a more in-depth understanding than might otherwise be possible. (3) Stated that he has asked City Manager Johnson to talk to the Montana Department of Transportation about alternatives for lowering the bids for the new visitors' center prior to rebidding that project. 09-15-97 --- n. _._._. __..__ _. - 13 - Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3201 - intent to vacate 30-foot-wide service drive right-of-wav adiacent to Lots 9-14. Block 1. Roval Vista Subdivision (Darallel and adiacent to North 7th Avenue between West Oak Street and West Birch Street) - The Bozeman Inn Condominium. 1235 North 7th Avenue: set Dublic hearina for October G. 1997 . COMMISSION RESOLUTION NO. 3201 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO V ACA TE AND ABANDON THAT 30-fOOT -WIDE SERVICE DRIVE RIGHT -Of-WAY ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1, ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-Of-WAY LINE Of WEST OAK STREET AND THE NORTH RIGHT-Of-WAY LINE Of WEST BIRCH STREET IN THE CITY Of BOZEMAN, MONTANA. Commission Resolution No. 3202 - intent to vacate GO-foot-wide right-of-wav for East Aspen Street from the west riaht-of-way line of North Wallace Avenue west a distance of aDDroximatelv 200 feet: set Dublic hearina for October 6. 1997 COMMISSION RESOLUTION NO. 3202 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA. DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO VACATE AND ABANDON THAT GO-fOOT-WIDE BY APPROXIMATELY 200- . fOOT-LONG PORTION Of EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 16, BLOCK 108, AND LOTS 17 THROUGH 24, BLOCK 109, NORTHERN PACifiC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of NORTH WALLACE AVENUE AND THE PORTION Of EAST ASPEN STREET RIGHT-Of-WAY VACATED BY ORDINANCE NO. 911. IN THE CITY Of BOZEMAN, MONTANA. Commission Resolution No. 3203 - levvina and assessing aarbage assessments for fiscal Year 1998: set Dublic hearina for October 6. 1997 COMMISSION RESOLUTION NO. 3203 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION fEES, AND LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY Of BOZEMAN, COUNTY Of GALLATIN, STATE Of MONTANA, UNLESS PROVISIONALL Y EXEMPTED, TO DEfRAY THE COST AND EXPENSE Of COLLECTING. REMOVING AND DISPOSING Of SOLID WASTE UNDER THE PROVISIONS Of ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, Of THE CITY Of BOZEMAN MUNICIPAL CODE. . Commission Resolution No. 3204 - levving and assessing lightina district assessments for fiscal Year 1998: set Dublic hearina for October 6. 1997 COMMISSION RESOLUTION NO. 3204 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONT ANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS fOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS Of THE CITY Of BOZEMAN. 09-15-97 - --.----. -~_.._--_."......,-'~_._'--_. -~ --. - 14 - Commission Resolution No. 3205 - levyina and assessing delinauent garbage assessments for Fiscal Year 1997: set Dublic hearing for October 6. 1997 COMMISSION RESOLUTION NO. 3205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF . COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3206 - levving and assessina delinquent sewer charges for Fiscal Year 1997: set Dublic hearing for October 6. 1997 COMMISSION RESOLUTION NO. 3206 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELlNOUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Commission Resolution No. 3207 - levyina and assessing delinauent weed mowing charges for Fiscal Year 1997: set Dublic hearing for October 6, 1997 COMMISSION RESOLUTION NO. 3207 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3208 - levyina and assessing delinquent sidewalk reDair charaes for Fiscal Year 1997: set Dublic hearina for October 6. 1997 COMMISSION RESOLUTION NO. 3208 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-14-4110, MONTANA CODE ANNOTATED AND CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Reauest for one-Year extension of Dreliminary plat (to SeDtember 6, 1998) for . Durston Meadows Subdivision (create 145 single-familY residential lots and one remainder lot on 30.4 acres lying along north side of Durston Road between North 25th Avenue and North 27th Avenue) Reiect bid for imDrovements to Water Treatment Plant (corrosion control) Reauest for Dermission to conduct MSU Homecoming Parade - Saturday. October 4. 9:00 a.m. - Main Street from Rouse Avenue to 11th Avenue 09-15-97 - 15 - Approval of final plat for North Meadows Subdivision. Amended Phase I (subdivide 15.889 acres into 19 residential lots. 1 commercial lot and parkland) and North Meadows Subdivision. Phase II (subdivide 7.8977 acres into 4 residential lots and 1 commercial lot) Authorize City Manager to sign - Chance Order No.2 - City Hall Annex Remodel - Diamond Construction. Helena. Montana - add $1.048.84 and 0 calendar days . Claims It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, 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 Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Recess - 4:10 p.m. Mayor Stueck declared a recess at 4: 1 0 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - COA with deviations from Sections 18.24.050. 18.50.050.F.1 and 18.50.160. BMC. to allow additions on non-conforming house to encroach up to 7 feet into 15-foot corner side yard and 3 feet into 20-foot rear yard. and aarage to encroach 4 feet into 8-foot side vard and 5 feet into 10-foot rear yard setback for detached structures on the west % of Lots 24-26. Block 45. Imes Addition - Jeffrey S. Johnston. 624 North Black Avenue (Z-9779) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Jeffrey Johnston under Application No. Z-9779, with deviations from Sections 18.24.050, 18.50.050.F.1 and 18.50.160 of the Bozeman Municipal . Code on the west one-half of Lots 24 through 26, Block 45, Imes Addition, as follows: (1 J allow addition to encroach up to 7 feet into the required 15-foot corner side yard setback; (2) allow addition to encroach 3 feet into the required 20-foot rear yard setback; (3) allow the new garage to encroach 4 feet into the required 8-foot side yard setback; (4) allow the garage to encroach 5 feet into the required 10-foot rear yard setback for detached structures; and (5) 09-15-97 - 16 - allow expansion of an existing non-conforming structure. The subject property is more commonly located at 624 North Black Avenue. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report on behalf of Associate Planner Dean Patterson. He stated that the applicant proposes to demolish a number . of small additions at the rear of the house and replace them with one larger addition and replace the existing foundation with a full basement. In addition, the applicant proposes to construct a detached garage to accommodate vehicles and a shop. Five deviations are being sought to accommodate the proposed changes. The Historic Preservation Planner stated that staff has reviewed this application against the three criteria contained in the Bozeman Municipal Code, and the comprehensive staff findings are contained in the written staff report. He noted that staff is generally supportive of the proposal and feels that it will result in enhancement of one of the few architecturally significant sites on the north side of town. He then forwarded the four conditions recommended for approval of this application. . Mr. Johnston indicated his concurrence with the staff report and a willingness to respond to questions. No one was present to speak in opposition to the requested deviations. Responding to Mayor Stueck, the Historic Preservation Planner stated that the applicant has decided to eliminate the bay window which was originally proposed. He noted the staff had identified concerns about the proposed bay window and supports its elimination because it is in keeping with the existing character of the house. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness, as requested by Jeffrey Johnston under Application No. 2-9779, with deviations from Sections 18.24.050, 18.50.050.F.1 and . 18.50.160 of the Bozeman Municipal Code to allow additions on a non-conforming house to encroach up to 7 feet into a 15-foot corner side yard and 3 feet into a 20-foot rear yard, and a garage to encroach 4 feet into an 8-foot side yard and 5 feet into a 10-foot rear yard setback for detached structures on the west one-half of Lots 24 through 26, Block 45, Imes Addition, subject to the following conditions: 09-15-97 - 17 - 1. The garage shall be modified to address the concerns of mass, gable detailing, garage door character, and windows. The applicant shall submit acceptable alternatives to be reviewed and approved by the Planning Office; 2. The basement height shall be modified to address the concerns of excessive porch and stoop stair length, and increased visual height of the building. The applicant shall submit acceptable alternatives to be reviewed . and approved by the Planning Office; 3. The new north entry stoop shall be reoriented such that the steps extend to the east side of the stoop landing, rather than encroaching excessively into the required yard; and 4. This project shall be constructed as approved and conditioned in this certificate of appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearing - COA with deviation from Section 18.50.160. Bozeman MuniciDal Code. to . allow modification of non-conforming garage structure which encroaches 6 Y2 feet into reauired 8-foot side yard setback on Lots 17 and 18. Block 12. CaDitol Hill Subdivision - Eva Eriksen. 1114 South Grand Avenue (Z-97140> This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Eva Eriksen under Application No. Z-97140, with a deviation from Section 18.50.160 of the Bozeman Municipal Code, to allow the modification of a non- conforming garage structure which encroaches 6 % feet into the required 8-foot side yard setback on Lots 17 and 18, Block 12, Capitol Hill Subdivision. The subject property is more commonly located at 1114 South Grand Avenue. Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that the existing garage is actually 5 % feet from the property line, which makes the deviation less than . what was advertised. He then stated that under this application, the existing garage is to be modified by removing an existing garage door, adding dormers and a new roof, and adding a standard door and windows to create a single-car garage and shop area and sitting area in what is currently a double-car garage. 09-15~97 .....---- - 18 - The Historic Preservation Planner stated that staff has reviewed this application in light of the three criteria established in the Bozeman Municipal Code, and the comprehensive staff findings are contained in the written staff report, which has been distributed to the Commission. He noted that the site is unique because it contains two separate driveways, one from the front and one from the rear of the site. He recognized that the proposed conversion . of the garage will result in the elimination of off-street parking; however, he stressed that the rear driveway provides adequate off-street parking to meet the code requirements. The Historic Preservation Planner forwarded staff's recommendation for approval, subject to three conditions. Ms. Eva Eriksen, applicant, stated her concurrence with the staff report and acceptance of the conditions as recommended. She then indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness, as requested by Eva Eriksen under . Application No. Z-97140, with a deviation from Section 18.50.160 of the Bozeman Municipal Code, to allow the modification of a non-conforming garage structure which encroaches 6 % feet into the required 8-foot side yard setback on Lots 17 and 18, Block 12, Capitol Hill Subdivision, subject to the following conditions: 1. As the project proposal in question will eliminate two on-site parking spaces as required in Section 18.50.120, the applicant will be required to maintain the existing rear driveway, so that required parking can be met by stacking vehicles and without deviations, or provide an appropriate parking alternative in order to meet this stipulation of the Bozeman Municipal Code; 2. The applicant shall obtain a building permit within one year of certificate of appropriateness approval or this approval shall become null and void; and 3. This project shall be constructed as approved and conditioned in this certificate of appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and . approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 09-15-97 om. __..._ .....-------.- - 19 - Public hearina - Variances from Sections 18.50.060.C. and 18.50.120.K.. BMC. to allow new buildina to encroach 9.67 feet into reauired 25-foot corner side yard. new drive through to encroach 23 feet into reauired 25-foot corner side yard and allow seven Darkina SDaces to encroach into reauired 8-foot side yard setback on Tract 1. Durston Subdivision No.1 - Richard Knell for Taco John's Restaurant (303 North 7th Avenue) (C-9723) This was the time and place set for the public hearing on variances from Sections 18.50.060.C. and 18.50.120.K., Bozeman Municipal Code, as requested by Richard Knell . under Application No. C-9723, on Tract 1, Durston Subdivision No.1, as follows: (1) to allow construction of a new restaurant to encroach 9.67 feet into the required 25-foot corner side yard; (2) to allow a new drive-through to encroach 23 feet into the required 25-foot corner side yard; and (3) to allow seven parking spaces to encroach 7 feet into the required 8-foot side yard setback along the north property line. The subject property is more commonly located at 303 North 7th Avenue. Mayor Stueck opened the pUblic hearing. Assistant Planner Jody Olsen presented the staff report. She stated that this application is filed in conjunction with a minor site plan with a deviation, which is the subject of the next agenda item. She noted that the property is located at the northwest corner of the intersection . of North 7th Avenue and West Beall Street and lies within the North 7th Avenue entryway corridor overlay district. She stated that the applicant is seeking a deviation to allow 75 square feet of signage total on the site rather than the 73.95 square feet allowed under the code. The Assistant Planner stated that the Planning staff, Development Review Committee and Design Review Board have reviewed this application in light of applicable criteria and found that it generally complies with the master plan, the zoning ordinance and the Design Objectives Plan. She noted that the staff's comprehensive findings on the Certificate of Appropriateness and deviation are forwarded in the staff report. She noted that the conditions recommended for approval of this application have been forwarded in a memo dated September 3. Assistant Planner Olsen noted that, in a separate staff report, staff has evaluated the three variances being sought in conjunction with the construction of the new restaurant and . attendant site improvements. She stated that those three variances have been reviewed in light of the three criteria established by the Montana Supreme Court, and the comprehensive staff findings are contained in the written staff report, which has been forwarded to the Commission. She noted that staff is supportive of the first two requested variances, mainly because the lot is narrow and has two street frontages. She indicated that staff is unable to support the third 09-15-97 -". ----.--.----- - 20- variance because it does not fit all three of the established criteria. She noted, however, that the narrowness of the lot can be considered when addressing this variance as well. She also recognized that, by shifting the parking as far north on the site as possible, the result is a more aesthetically pleasing site from the street. She reminded the Commission that a retaining wall runs along the north property line and, adjacent to that, is a building. . Mr. Richard Knell, applicant, stated that the Assistant Planner has provided an accurate overview of the project. He recognized that the seven parking spaces along the north side of the lot can be constructed in compliance with the zone code requirements. However, he suggested that to allow the parking spaces to encroach into the setback will allow for a better landscape plan and screening of the parking area from the street. Responding to Mayor Stueck, Mr. Knell stated the retaining wall is 42 inches high. He then noted that the lot continues to slope to the west. Mr. Paul Shreve, 213 North 8th Avenue, stated he is the closest neighbor to the subject parcel. He asked for an opportunity to review the proposed site plan and the footprint of the new building. Following a look at the site plan, he indicated that he has no problems with it. . He then raised the issue of West Beall Street being unpaved. He expressed concern about the impacts of additional traffic on an unpaved street; however, he is also concerned about whether the paving of West Beall Street might have financial impacts on him. Responding to Mayor Stueck, Assistant Planner Olsen stated one of the recommended conditions of approval is that improvements be done to West Beall Street, either by the applicant, through an informal arrangement with neighbors or through a special improvement district. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Commissioner Rudberg, the Assistant Planner stated that the Administative Design Review staff has recommended that a sidewalk be extended along the east end of the building to connect the front entrance to the main sidewalk. She noted that . this recommendation is in compliance with the Design Objectives Plan, which requires the provision of pedestrian facilities in the entryway corridors. Mayor Stueck stated that, since no neighbors have registered concerns about the third requested variance and since the result will be a larger green space to the south and the west, he can support the variance. 09-.15-97 - 21 - It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the variances from Sections 18.50.060.C. and 18.50.120.K., Bozeman Municipal Code, as requested by Richard Knell under Application No. C-9723, on Tract 1, Durston Subdivision No.1, as follows: (1) to allow construction of a new restaurant to encroach 9.67 feet into the required 25-foot corner side yard; (2) to allow a new drive- . through to encroach 23 feet into the required 25-foot corner side yard; and (3) to allow seven parking spaces to encroach 7 feet into the required 8-foot side yard setback along the north property line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearing - COA with deviation from Section 18.65.070.A.2.. Bozeman Municical Code. to allow signage on Tract 1. Durston Subdivision No.1. to exceed the maximum sign area allowed bv 1.05 SQuare feet - Richard Knell for Taco John's Restaurant. 303 North 7th Avenue (Z-97116) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviation from Section 18.65.070.A.2, Bozeman Municipal Code, as requested by Richard . Knell for Taco John's Restaurant under Application No. Z-97116, to allow the signage on Tract 1, Durston Subdivision No.1, to exceed the allowed square footage by 1.05 square feet. The subject property is located at 303 North 7th Avenue. Mayor Stueck opened the public hearing. Assistant Planner Jody Olsen stated she gave her staff presentation in conjunction with the previous agenda item. She noted that the right-of-way for West Beall Street is approximately 20 feet wide. As a result, the applicant is only being asked to install paving, curb and gutter since there is not adequate room for sidewalks within the public right-of-way. She indicated that the veterinary clinic immediately across the street has signed a waiver of right to protest the creation of a special improvement district for improvements to the roadway, . although the applicant may choose an alternative method of financing the costs. Responding to Mayor Stueck, the Assistant Planner stated that under the recommended conditions, the City Engineer is to determine the width of the paving for West Beall Street. She noted that the condition, as written, is intended to require that paving be completed 09-15-97 - 22 - immediately and suggested that it could possibly be rewritten to more accurately reflect that requirement. Mr. Richard Knell, applicant, stated that, given the constraints in the area, the West Beall Street right-of-way cannot exceed its existing 20-foot width. He then assured the Commission that the street will be paved from North 7th Avenue to the west end of his property. . No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.65.070.A.2, Bozeman Municipal Code, as requested by Richard Knell for Taco John's Restaurant under Application No. Z-97116, to allow the signage on Tract 1, Durston Subdivision No.1, to exceed the allowed square footage by 1.05 square feet, subject to the following conditions: 1. No mechanical and/or ventilation equipment is currently shown on the plans. The final site plan shall show any mechanical and/or ventilation equipment, as well as the screening for this equipment; . 2. The sidewalk along North 7th Avenue shall be extended around the northeast corner of the proposed building, and shall tie into the main entryway along the north facade; 3. The trash enclosure located in the northeast corner of the rear parking area shall be defined within a landscape island, which contains continuous curbing where appropriate to allow for refuse collection, and also contains the installation of at least one large canopy tree; 4. With the final site plan, the applicant shall provide written proof of a perpetual lease easement between the applicant and Donald DeCosse for the use of the west 121 feet of Lot 1, Durston Subdivision No.1; 5. The water line shall be extended by the City of Bozeman Water Department. The service shall be brought up to current code, including backflow protection. The applicant shall be charged with all costs associated with this work; 6. A fixture count shall be provided to show that the existing service size is adequate. Any increase in size shall require a new service to be installed and appropriate impact fees shall be assessed; . 7. For safety, maintenance and emergency access reasons, West Beall Street shall be paved from North 7th Avenue to the west edge of the subject property. The requirements for pavement width, concrete curb and gutter, sidewalk and signage shall be determined by the City Engineer. No parking shall be allowed along either side of West Beall Street, and the street shall be signed accordingly; 09-15-97 - 23 - 8. Written approval shall be obtained from the Montana Department of Transportation (MOOT) to allow the installation of boulevard trees along North 7th Avenue, and shall be submitted with the final site plan; 9. The east curbing defining the entrance off West Beall Street shall be extended north at least as far as the west curbing at the same entrance to prevent cars from obstructing either the entrance or West Beall Street while waiting for the drive-through; and . 10. On the final site plan, the landscape island on the east side of the parking area that faces West Beall Street shall be extended to be at least 18 feet long. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearing - Variances from Sections 18.50.120.B.7 and 18.50.120.K.. Bozeman MuniciDal Code. to allow Darking lot to remain unDaved and allow Darkina lot to encroach into reauired side yard setback on the SW% of unDlatted Tract 9A in Section 12. T2S. R5E. MPM - Lisa Buchanan for Robert Havnes ( 1612 West Babcock Street) (Z-97121) This was the time and place set for the public hearing on a request for variances from Sections 18.50.120.B.7 and 18.50.120.K., Bozeman Municipal Code, as requested by Lisa . Buchanan for Robert Haynes under Application No. 2-97121, to allow a parking lot to remain unpaved and to allow a parking lot to encroach into the required side yard setback on the Southwest One-quarter of unplatted Tract 9A in Section 12, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly known as 1612 West Babcock Street. Mayor Stueck opened the public hearing. Assistant Planner Jody Olsen gave a brief overview of the written staff report, a copy of which was previously distributed to the Commission. She stated that this staff report applies to both this agenda item and the next agenda item. She noted that the applicant is seeking a conditional use permit to allow conversion of an existing structure from office use to a day care facility with attendant on-site improvements. She stated that the subject . property is zoned "R-Q", Residential--Office, and day care facilities are listed as a conditional use in this zoning district. She noted that staff has reviewed the request and found that it complies with the master plan and the zoning ordinance. She indicated that staff has also reviewed the application in light of the seven criteria established for consideration of conditional use permits, and the staff's comprehensive findings are contained in the staff report. 09-15-97 --....-----.-".- ..--.-..--.---.. .-.- - 24 - The Assistant Planner stated that the City-County Planning Board conducted its public hearing on this conditional use permit at its September 3 meeting. Following its public hearing, consideration of the criteria and review of the staff's comprehensive findings, the Board concurred in staff's recommendation for approval, subject to six conditions. Assistant Planner Olsen stated that, in conjunction with this conditional use permit, the . applicant is requesting that the existing parking area be allowed to remain. This involves two variances, one to allow the parking lot to remain unpaved and uncurbed, and one to allow the parking lot to encroach into the side yard setback on the east side of the lot. She stated that the staff has reviewed these requested variances in light of the three criteria established by the Montana Supreme Court, and the staff's findings are contained in the staff report. She summarized those findings and the staff conclusion that the variance to allow the parking lot to remain unpaved and uncurbed does not satisfy any of the criteria, and the variance to allow the parking lot to encroach into the side yard meets only two of the three criteria; therefore, staff can support neither variance. Ms. Lisa Buchanan, applicant, stated that the Assistant Planner has provided a good . overview of the project. She noted that the existing parking lot has been used for the office building and she wishes to continue using it in its unpaved state because of the high start-up costs she is encountering. Responding to Commissioner Rudberg, Ms. Buchanan stated that the lot will be cleaned up and all of the junk removed and a fenced area with playground equipment will be installed before the day care facility is occupied. Responding to Mayor Stueck, Ms. Buchanan stated she plans to pave the parking lot next summer. No one was present to speak in opposition to the requested variances. Commissioner Rudberg recognized that the requested variances do not meet the criteria. She stated that, however, given the current shortage of adequate day care facilities in the . community and the fact that the requested variances are only for a year, she will support the request. Mayor Stueck stated that a review of the site reflected that a significant amount of work is needed on the structure as well as the site to accommodate the requested conversion. He 09-15-97 ___._.____._..n. ------ - 25 - then stated his willingness to allow the unpaved parking lot to remain for a specific period of time, suggesting a November 15, 1998, deadline for paving. Commissioner Youngman stated that since the requested variances are for a time specific, she can support them. She stated, however, that when the parking lot is paved, it should be brought into compliance with the setback requirements. . Responding to Commissioner Frost, the Assistant Planner stated that one of the recommended conditions for approval of the conditional use permit is that the applicant must agree to all of the conditions in writing, and that document is then filed with the Clerk and Recorder. She stated that failure to comply with the conditions can result in the permit being revoked. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. City Manager Johnson reminded the Commissioners that a zoning variance requires four affirmative votes for the request to be approved. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the variances from Sections 18.50.120.B. 7 and 18.50.120.K., Bozeman . Municipal Code, as requested by Lisa Buchanan for Robert Haynes under Application No. Z-971 21, to allow a parking lot to remain unpaved and to allow a parking lot to encroach into the required side yard setback on the Southwest One-quarter of unplatted Tract 9A in Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. That paving and curbing of the exist parking lot must be completed not later than November 1, 1998; and 2. That the paved parking lot shall meet all setback requirements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Public hearinQ - Conditional Use Permit - Lisa Buchanan for Robert Haynes - allow conversion of existina office building into day care facilitv for 28 to 35 children on the SW%. of unplatted Tract 9A. in Section 12. T2S. R5E. MPM (Kid's Clubhouse. 1612 West Babcock Street) (Z- 97121 This was the time and place set for the public hearing on the Conditional Use Permit requested by Lisa Buchanan for Robert Haynes, under Application No. Z-97121, to allow the 09-15-97 - 26 - conversion of an existing office building on the Southwest One-quarter of unplatted Tract 9A, in Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, into a day care facility for 28 to 35 children. The subject site is more commonly known as 1612 West Babcock Street. . Mayor Stueck opened the public hearing. Assistant Planner Jody Olsen stated that the staff report and testimony submitted in the previous agenda item applies to this agenda item as well. Ms. Buchanan indicated she has nothing to add at this time. No one was present to speak in opposition to the requested Conditional Use Permit. Since there were no Commissioner objections, Mayor Stueck closed the pUblic hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Conditional Use Permit requested by Lisa Buchanan for Robert Haynes, under Application No. Z-97121, to allow the conversion of an existing office building on the Southwest One-quarter of unplatted Tract 9A, in Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, into a day care facility for 28 to 35 children, subject to the . following conditions: 1. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers-of-Right to Protest the Creation of S.I.D.s for the following: a. Street improvements to West Babcock including curb and gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Signalization of Babcock Street and 11th Avenue. c. Signalization of Babcock Street and 19th Avenue. 2. Plans and specifications for any fire service lines must be prepared in accordance with the City's Fire Service Line Policy and signed by a Professional Engineer (PE) registered in the State of Montana, and shall be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certifications, and preparation of mylar record drawings. A water service application shall be completed for the fire service line. . 3. City water shall be supplied to the building for domestic use. The existing well shall be disconnected from all domestic uses. The water system can be used for an underground sprinkler system, but shall be totally separated from the interior plumbing (air gap). The water service shall be installed in the same trench as the fire line. A water service application shall be completed for the domestic water line. 09-15-97 - 27 - 4. The sewer service shall continue through the existing service, however billing shall be figured using water consumption as are all other accounts within the City limits. 5. A fixture count shall be provided to ensure proper sizing of the domestic water service. An impact fee assessment shall be based on the size of the water service. 6. A street cut permit application shall be completed and submitted to the . Director of Public Service for approval by the City Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Public hearina - Variances from Sections 18.50.120.B.7 and 18.65.070.C. Bozeman MuniciDal Code. to allow Darkina lot to remain unDaved and to allow DroDosed sic;lnaae to exceed allowable sauare footaae by 8 sauare feet on Tract 12A. COS No. 1976. located in the NW~. Section 29. T2S. R6E. MPM - Jay & Kathryn JoseDhs for Maraaret Bouma (4310 Sourdouah Road) (Z-97120) This was the time and place set for the public hearing on a request for variances from Sections 18.50.120.B. 7 and 18.65.070.C, Bozeman Municipal Code, as requested by Jay and Kathryn Josephs for Margaret Bouma under Application No. Z-97120, to allow a parking lot to . remain unpaved and to allow proposed signage to exceed the allowable square footage by 8 square feet on Tract 12A, Certificate of Survey No. 1976, located in the Northwest One- quarter of Section 29, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located at 4310 Sourdough Road. Mayor Stueck opened the pUblic hearing. Assistant Planning Director Jody Olsen presented the staff report. She stated that both the variances are being sought in conjunction with a Conditional Use Permit to allow the conversion of a single-family residence located at the northeast corner of Sourdough Road and Goldenstein Lane into a Montessori school. She indicated that the staff reports for both this and the subsequent agenda item are submitted at this time. . The Assistant Planning Director stated that the subject 34.848-square-foot parcel is zoned "AS" Agricultural Suburban, and schools are listed as a conditional use in this zone. She indicated that the Planning staff and the Development Review Committee reviewed this application and determined that it complies with the master plan and generally complies with the zoning ordinance. She stated that staff has reviewed this application in light of the seven 09-15-97 - 28 - criteria contained in the zoning ordinance, and the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. Assistant Planner Olsen stated that the City-County Planning Board conducted its public hearing on this application at its meeting held on September 3. Following its public hearing, . review of the seven criteria and staff's comprehensive findings, the Planning Board concurred in staff's recommendation for approval, subject to several conditions. The Assistant Planner stated that, in conjunction with this application, the applicant has also requested two variances. She noted that, following advertisement for this public hearing on the variances, it was determined that the variance to allow the parking lot to remain unpaved is not needed because the site is served by an unpaved roadway. She stated that the second variance is to allow an 8-square-foot sign for this school, since the zone code does not provide for signage for a non-residential conditional use in the "AS" zone. Assistant Planner Olsen stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and the comprehensive staff findings are contained in the written staff report. She briefly summarized those findings and forwarded . staff's conclusion that it meets all three of the criteria. The Assistant Planner stated that the City-County Planning Office has received 83 letters regarding this application, of which 75 were form letters in opposition and 5 were in support. She noted that a petition of opposition containing 77 signatures was also submitted. Mr. Jay Josephs, applicant, stated his concurrence with the staff report as presented. He noted that they have listened to the concerns raised by the neighbors and are interested in addressing them to the extent possible. He stated one of the concerns is that the community does not need another Montessori school. He noted that he and his wife have been involved in another Montessori school and, in fact, all of the existing Montessori schools in Bozeman are full. He stated that, because of what he views as a need for another school, he began searching for a site that would provide a unique space for children to attend a pre-school, and . he feels this site provides that unique opportunity. Mr. Josephs noted that much concern has been voiced about the additional traffic this school will generate on Sourdough Road. He stated that he has discussed the anticipated traffic volumes with County Road Superintendent Sam Gianfrancisco and City-County Planning Director Epple as well as ways to mitigate the traffic concerns. He forwarded the proposal that 09-15-97 ...---.---- - 29 - one-way access be provided to the site from the unnamed gravel road, exiting back to Trooper Trail and out to Sourdough Road. He noted that this would minimize the level of traffic on the unnamed gravel road and address some of the concerns which have been raised about the proximity of this site to the intersection of Sourdough Road and Goldenstein Lane. He also . encouraged the Commission to recognize that the number of cars accessing the site will be less than 100 per day, which is negligible when compared to existing volumes and the volume of traffic projected to be generated by development of the Sundance Springs Subdivision. Mr. Josephs stated that concern has also been raised about the impacts this school might have on groundwater. He noted that the plans for the septic system have been submitted to the State for review. He then indicated that he will follow the guidelines and requirements to ensure that this school does not impact the groundwater. Mr. Josephs noted that every door in the school will lead into a fenced yard to ensure the protection of the students. Also, an underground sprinkler system will be installed to ensure that the grass is maintained. Mr. Josephs indicated that some concern has been raised about whether this is an . appropriate use in this zoning district. He reminded the Commission that schools are a conditional use in the "AS" zone. He concluded by encouraging the Commission to approve this application, thus giving him an opportunity to open another Montessori school in the community and allowing him to find out if another school is needed in the area. Ms. Jen Moran, 3081 Magenta Road, stated she has been a Montessori educator for seven years. She forwarded her strong support for this application, stating she feels it will provide an additional opportunity for children in the community. Ms. Kathryn Josephs, applicant, stated that she and her husband have worked hard to realize their dream of opening their own Montessori school, and she feels that their experiences from working in another Montessori school have prepared them to operate their own facility. . She concluded by encouraging Commission approval of the application. At the Mayor's request, Mr. Josephs addressed the issue of signage. He noted the requested signage will provide adequate visibility so that traffic moving 30 to 40 miles per hour along Sourdough Road will be able to readily identify the school. He stated that the sign will be set back 60 feet from the roadway, and he feels that a 3-foot by 4-foot sign will provide the level of identification needed. He stressed that he wishes to create a sign which is not 09-15-97 .. ...-. ..--------...----- - -..-..... ........ ..........--..--...------ - 30 - excessive in size but which meets the needs of the traveling public. He stated that the sign will not be lit at night. Ms. Kate Ciari, 4305 Sourdough Road, stated she lives directly across the street from the subject property. She forwarded her concern about the requested signage, stating it will have a direct impact on her property. She recognized that pre-schools are permitted in . residential zones, noting that, in fact, her three children attend three different pre-schools in Bozeman, and they blend well into the surrounding neighborhoods. She stated that those pre- schools do not have large signs calling attention to themselves, and she has had no problem finding them. She indicated that a 12-square-foot sign will be detrimental to her family and to the neighborhood. She also noted that large signs are contrary to the natural scenic beauty of the area and are in conflict with the existing zoning for this neighborhood. She stated that the entire neighborhood will pay the price by having the character of the area changed if this pre- school is approved, and approval of the requested signage will further negatively impact the area. She then encouraged the Commissioners to not approve the requested variance. Ms. Barb O'Reilly, 134 Hitching Post Road, stated she is opposed to the requested . variance for signage. She forwarded her concurrence with the previous speaker's comments. She noted that her youngster attended a Montessori school in Cleveland, and she had no problem finding it because she had the address to identify its location. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg asked for some points of reference so she can accurately visualize the size of a 3-foot by 4-foot sign. Responding to Commissioner Frost, Assistant Planner Jody Olsen stated the applicant proposes to install the sign one to two feet from the fenced area, which is 60 feet from the pavement. She noted that the sign is to be a one-sided sign installed so it is perpendicular to Sourdough Road. She then reminded the Commissioners that, if they wish, they may grant a variance that allows a sign greater than 4 square feet in size but less than the 12 square feet . requested. Mayor Stueck recognized the importance of ensuring that the signage for a non- residential use in a residential neighborhood does not negatively impact the area. He stated that he feels a 4-square-foot sign is too small, however, he feels that a 12-square-foot sign is too large. He then proposed that the Commission consider an 8-square-foot sign as an 09-15-97 - 31 - alternative. He noted that the existing house is somewhat set apart from others in the immediate area, and it is important that it be quickly identified by the motoring public who are trying to access it. Commissioner Youngman noted that signage in this area is minimal. She suggested that simply the fact that a sign is located on this property may provide adequate identification. She . then forwarded her interest in keeping the size as small as possible. After considering the sizes of different reference points, Commissioner Rudberg suggested that a 2-foot by 3-foot sign may be adequate. Mr. Josephs indicated a willingness to accept the proposed size. City Manager Johnson reminded the Commissioners that there must be four affirmative votes for approval of a zoning variance. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the request for a variance from Section 18.65.070.C. of the Bozeman Municipal Code, requested by Jay and Kathryn Josephs for Margaret Bouma under Application No. Z-97120, to allow the proposed signage on Tract 12A, Certificate of Survey No, 1976, . located in the Northwest One-quarter of Section 29, Township 2 South, Range 6 East, Montana Principal Meridian, to exceed the allowable square footage by 2 square feet. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Public hearina - Conditional Use Permit - Jav & Kathrvn JoseDhs for Maraaret Bouma - allow conversion of existing sinale-familv residence on Tract 12A. COS No. 1976. located in the NW%. Section 29. T2S. R6E. MPM. into Dre-school for 20 to 25 children (Sourdouah Montessori Preschool. 4310 Sourdough Road) (Z-97120) This was the time and place set for the public hearing on the Conditional Use Permit requested by Jay and Kathryn Josephs for Margaret Bouma, under Application No. Z-97114, . to allow the conversion of an existing single-family residence on Tract 12A, Certificate of Survey No. 1976, located in the Northwest One-quarter of Section 29, Township 2 South, Range 6 East, Montana Principal Meridian, into a pre-school for 20 to 25 children, The subject property is more commonly located at 4310 Sourdough Road, Mayor Stueck opened the public hearing. 09-15-97 ----- - 32 - Assistant Planner Jody Olsen stated that the staff report was submitted under the previous agenda item, and she has nothing to add at this time. Mr. Josephs indicated that his testimony from the previous agenda item pertains to this agenda item as well, and he has nothing to add at this time. Mr. Jack Truckle, 111 Hitching Post Road, stated he is opposed to the location of the . proposed pre-school. He stressed that he is not opposed to pre-schools, but to the location of this pre-school because of very serious safety issues. He noted that in the last seven days, he has spent five 15-minute segments at this location. He forwarded his observations that 31 drivers were, in his opinion, violating the speed limit and 6 drivers passed in the "no passing" zone. He noted that, in addition to the traffic, there are joggers, bicyclists and roller bladers using the roadway. He stated that all of the residents of the community and surrounding area should be concerned about the safety problems in this area, not just the residents of this immediate area. He encouraged the Commission to not approve this application. Mr. Peter O'Reilly, 134 Hitching Post Road, stated that, given the location of the subject parcel, access is dangerous because of its proximity to the "T" intersection of Goldenstein Lane . and Sourdough Road. He requested that, if this pre-school is approved, traffic not be allowed to access Sourdough Road via the unnamed gravel road because of its proximity to the intersection. Ms. Gina DiMarzio, 48 Gardner Park Drive, posted a blown up map of the immediate area, showing the intersection of Goldenstein Lane and Sourdough Road as well as the unpaved gravel roads which access Trooper Trail and the subject property. She noted that, before this application was submitted, her family and the Josephs family met on a social basis. She noted that when they first discussed the possibility of a pre-school with her and her husband, they were supportive; however, when the subject location was identified, they withdrew that support and indicated that they would speak in opposition. She stressed that this opposition is areawide, as evidenced by the petition of opposition and letters of opposition, containing 135 . signatures. She further noted that at the Planning Board meeting, Mr. Josephs stated that the neighborhood was in favor of the pre-school, despite the fact that there were 137 opponents. Ms. DiMarzio stated she has watched the applicants proceed with remodeling of the house as if they believed the Commission would approve this application. She stressed that she is not opposed to Montessori schools and pre-schools; she is simply opposed to this 09-15-97 - 33 - location. She also questioned the need for another school of this type of low-density residential area, since there is an existing Montessori school only 1 % miles from the subject site. She also noted that in the September 14 edition of the Bozeman Daily Chronicle there was an article about the shrinking enrollment in the public school system, leading to the possible closing of one of the elementary schools next year. She suggested that since the shrinking enrollments . are occurring at the elementary level, it is logical to assume that enrollments in Montessori schools and pre-schools are also shrinking, and adding to the supply seems illogical. Ms. DiMarzio forwarded her concerns about safety and traffic. She noted that seven on- site parking spaces are proposed, and most of those spaces are for the administrators and teachers. She encouraged the Commissioners to look at the proposed one-way traffic circulation pattern, which includes ingress and egress from the same unpaved gravel road, which meets Sourdough Road very close to, but not directly across from, Goldenstein Lane. She characterized this portion of Sourdough Road as hazardous at best, particularly since traffic traveling northward is often moving quite rapidly and is hidden by a small rise in the road. She stated that signage reminding people of the speed limit and upcoming intersection do little to . resolve the safety problems because there is no attendant law enforcement in this area. Ms. DeMarzio reminded the Commissioners of their responsibility to promote public health, safety and welfare and concluded by encouraging the Commissioners to vote "no". Mr. Bob Busselle, 6430 Foxtrotter Lane, stated that the entire area is currently residential. He then suggested that the intent of the ordinance is to allow for public schools in residential zones, and there are already two schools in the areanSacajawea Middle School and Morning Star Elementary School. He further noted that the Great Beginnings Montessori School is also located close to those two public schools, and a school site is included in the new Sundance Springs Subdivision. Mr. Busselle stated that between the City-County Planning Board meeting and now, the applicants have been working on the existing home, and the front yard has been the site for . old carpet, construction materials and other sundry items. He characterized this as an eyesore to which he is subjected every day. He concluded by encouraging the Commissioners to not approve this application. Ms. Kate Ciari, 4305 Sourdough Road, stated she has lived at this location for nine years. She noted that in mid-July, the applicants approached her about their plans and, at that 09-15-97 -....---....-.-. - 34- time, she had no immediate concerns. She stated, however, that upon further reflection and review of the issues, she is concerned about the proposal. She noted that during her residency at this location, she has observed universal disregard for the speed limit, and her driveway has become a turn-around place for those people driving too fast. She also expressed concern about the lack of visibility to the south due to the rise in the road. . Ms. Ciari questioned whether the proposed access to the subject site is a recognized road. She noted that the access to Trooper Trail was moved quite some time ago to get it further away from the Sourdough Road/Goldenstein Lane intersection, and there is no stop sign at the end of this gravel road any longer. She also questioned whether the road is adequately maintained in the winter to provide year round access to this property as proposed. Ms. Ciari noted that the proposed school is for an enrollment of up to 25 students, and she anticipates the applicants intend to see it grow. She expressed concern that the combination of traffic from this school and the new Sundance Springs Subdivision will be a "recipe for disaster". Ms. Ciari stated that Ms. Josephs indicated to her that they intended to proceed with . renovation with the house as if the application would be approved at this meeting. She noted that she was under the impression that this would include preliminary work; however, as of today, the parking lot has been graded, new carpet is being installed and work is being done on the septic system. She stated there is a lot of rubble in the front yard as a result of this work. She also noted that the applicants have run repeated advertisements in the newspaper, listing an opening date for the new school at less than one month from today. She asked that the Commissioners carefully consider the issues raised by the residents in the area and not be swayed by the actions of the applicant to date. She concluded by encouraging Commission to not approve this application. Mr. Michael Wells, 3639 Sourdough Road, stated he and his wife are opposed to this proposed pre-school. He noted that when people in the area purchased their homes, they . expected that future development in the area would be in compliance with the zoning regulations. He stated that in the sixteen years he has lived at this address, he has seen Sourdough Road turn from a mostly gravel country lane into a paved road serving a highly- developed urban area. He noted that, even though it has been paved, the road has not been upgraded to adequately serve the additional traffic volume. 09-15-97 -------.--.....--- ---.----.- - 35 - Mr. Wells expressed concern that if this application is approved, private homeowners in the area may not realize the benefit from the investment in their homes that they might otherwise realize, stating that this would create an unfair situation. He noted that a few short weeks ago, the Commission denied an application for an apartment house on North Church Avenue because of the effect it would have on the neighborhood and encouraged them to do . the same thing in this instance. He noted that this residential neighborhood is quite rural in nature, and the proposed commercial use is incompatible with what exists. Responding to Commissioner Rudberg, Mr. Josephs stated that, after discussions with Planning Director Epple and County Road Superintendent Sam Gianfrancisco, he forwarded the proposal to use the unnamed gravel road, in a one-way loop, to access the subject property. He noted that an alternative would be to turn left at the end of his property and follow the gravel road to Trooper Trail and back to Sourdough Road. Responding to Commissioner Youngman, Mr. Josephs stated that, while he may be able to control the flow of traffic on his property, he cannot control it on adjacent roadways. Responding to Commissioner Youngman, Assistant Planner Jody Olsen stated the . driveway on the site is not wide enough to accommodate two-way traffic. She then noted that Trooper Trail is a private road and, therefore, the County Road Superintendent cannot recommend it as a part of the road system for accessing this site. Responding to Mayor Stueck, the Assistant Planner stated that, with the recommended conditions for approval, the County Road Superintendent feels that the concerns about traffic can be adequately mitigated. Responding to Commissioner Youngman, the Assistant Planner stated that staff typically does not allow any work to occur on a site going through the conditional use process. In this instance, the Planning Department and Building Inspection Department agreed to the issuance of a building permit to allow interior modifications to the building since an existing structure is involved. She stressed that the building permit was issued with the specific comment that this . does not mean they will necessarily receive the requested Conditional Use Permit for the day care facility. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg noted that churches and schools are allowed in any residential neighborhood under the zone code. She further stressed that they are considered a part of the 09-15-97 ---.----- -----.- - 36 - neighborhood and are not viewed as commercial uses. She noted that less graY water will be produced at this site than from a typical five-bedroom home, so groundwater is not an issue. She stated that in this instance, children are dropped off immediately in front of the house and, therefore, are not required to CroSS any streets. She noted that at the Planning Board meeting, the lady who previously owned this property indicated that she had lived there for 54 years and . had not opposed any of the changes that occurred during that time. She then indicated her intent to support this request. Commissioner Frost stated that he drove out in this area at 8:00 a.m. three different mornings and recognizes that the intersection of Goldenstein Lane and Sourdough Road truly is dangerous. He also noted that estimated speeds of 40 to 45 are conservative, particularly for traffic moving northward on Sourdough Road. He stated that he has no problem with a new Montessori school, but he is concerned about the location. On that basis, he cannot support this application. Commissioner Youngman recognized Commissioner Frost's concerns about the intersection. She noted that the existing roads in this area provide a very imperfect access to . the site. She also recognized that the traffic from Sundance Springs Subdivision will also create an additional impact on the intersection, however, she stated that those impacts., from a previously-approved application cannot be allowed to impact the decision on this application. She forwarded her preference for finding another access road but recognized that the County's professional feels that, with the conditions imposed, the proposed ingress and egress are acceptable. She noted that a school can be a part of a neighborhood. She then encouraged the Commission to ensure that the public safety concerns are adequately addressed if this application is approved. Mayor Stueck stated that he agrees with all of the comments that have been forwarded. He stated that the problems with the intersection of Goldenstein Lane and Sourdough Road must be addressed whether this application is approved or not. He then noted that, following . the public hearing before the City-County Planning Board, he drove along Durston Road, where a pre-school is located immediately adjacent to one of the most heavily traveled streets in the community. He stated, however, that since the children are dropped off on-site and because they are accompanied at all times, he feels the safety issue is adequately addressed, both in 09-15-97 - 37 - that instance and in this instance. He stated that he would strongly support an alternative access to the site, particularly if access could be gained through Trooper Trail Road. The Mayor noted that whether the community needs or can support another pre-school is not an issue about which the Commission may be concerned. He then indicated that, based on the information received, he will support the requested Conditional Use Permit. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit requested by Jay and Kathryn Josephs for Margaret Bouma, under Application No. Z-97114, to allow the conversion of an existing single- family residence on Tract 12A, Certificate of Survey No. 1976, located in the Northwest One- quarter of Section 29, Township 2 South, Range 6 East, Montana Principal Meridian, into a pre- school for 20 to 25 children, subject to the following conditions: 1. The final site plan shall show the location for, and a detail of, one-way signage for the proposed one-way driveway. 2. On the final site plan, the sidewalk connecting the disabled accessible parking space with the entrance to the day care center located on the south end of the structure must be at least 4 feet wide. 3. On the final site plan, the applicant must indicate the fire protection system . the site will be using. With the final site plan, the applicant shall submit a letter from the Sourdough Rural Fire District indicating the fire protection system has been reviewed and approved. 4. With the final site plan, the applicant shall submit a copy of the easement agreement allowing access from this property to Trooper Trail. 5. The applicant must provide to the City a copy of a letter from the County Health Department stating that the existing on-site wastewater treatment system is adequate to meet the needs of the proposed use. Should improvements to or expansion of the treatment system be required, the applicant shall meet the requirements of the County Health Department and State Department of Environmental Quality. If required, any new treatment facilities shall meet all applicable requirements of the state and local agencies having jurisdiction. If replacement, expansion or improvements are required for the wastewater treatment system, these actions shall be completed prior to commencement of the use, and a letter from the Montana Department of Environmental Quality shall be submitted with the final site plan indicating that the replaced, expanded or improved system is adequate for the proposed use. . 6. Any fire service or fill site shall be through a metered service that is sized according to the specifications required for such service. Plans and specifications shall be submitted to and approved by the City Engineer. Impact fees shall be based on the size of the service. A water application shall be required. 7. The existing water service shall have a reduced pressure backflow prevention assembly installed immediately following the water meter. A fixture count shall be provided to ensure the 3/4-inch service is large 09-1 5-97 - 38 - enough to provide service for the new use. Any increase in size shall require a new service and impact fee based on the increase in size. 8. Any change in the sewer drainfield shall be inspected by the applicant's professional engineer. Plans shall be approved by the Montana Department of Environmental Quality if a crossing of a public water main is required. The sewer drainfield shall be inspected and certified by a professional engineer licensed in the State of Montana. . 9. The applicant shall enter into an agreement with the homeowners on Trooper Trail Road to help pay for their proportional share of the costs associated with the maintenance of Trooper Trail Road. 10. The applicant shall sign a waiver of right to protest the creation of a rural improvement district (R.I.D.) for improvements to Trooper Trail and/or Sourdough Road. 11. The applicant shall work with the County Road Superintendent to improve the approach onto Sourdough Road to the Superintendent's satisfaction, and provide written verification of the Superintendent's satisfaction with the final site plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Frost. . Public hearina - Zone Map Amendment - R-S to R-3 - Robert Lee for Hubert M. Reid - 6.978- acre tract described as COS No. 1829 (310 Ice Pond Road) (Z-97114) This was the time and place set for the public hearing on the Zone Map Amendment requested by Robert Lee for Hubert M. Reid, under Application No. Z-97114, to change the zoning designation from "R-S", ResidentialuSuburban, Country Estates, to "R-3", Residential-- Medium-density, on a 6.978-acre tract described as Certificate of Survey No. 1829, and more commonly located at 310 Ice Pond Road. Mayor Stueck opened the public hearing. Assistant Planner Chris Saunders presented the staff report. He stated that the subject property is located at the end of Ice Pond Road and the end of South Rouse Avenue. He noted that staff has reviewed the application in light of the twelve criteria established in the Montana . Code Annotated, and its comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. The Assistant Planner stated that the City-County Planning Board conducted its public hearing on this application at its meeting held on September 3, 1997. He noted that during the public hearing, three members of the public spoke in opposition to the application, citing 09-15-97 . 39 - concerns about traffic generation, capacity of the sewer downstream from the subject site, and the character of the existing neighborhood. He stated that, following the public hearing, review of the twelve criteria and review of the staff findings, the Planning Board concurred in staff's recommendation for approval. Mr. Robert Lee, representing the applicant, stated that the existing "R-S" zoning is not . an appropriate zoning designation within city limits and noted that the requested "R-3" zoning would comply with the master plan. He noted that, since 1988, this property has been the subject of a series of hearings, under a majority of which expansion of the existing non- conforming uses on the site was proposed. He stated that, except for the application for Scientific Materials in 1989, to allow location of a crystal growing facility in one of the existing warehouses, all applications have been denied or withdrawn. Mr. Lee stated that, in light of the fate of the previous applications, he and Mr. Reid have decided the best approach is to seek a zoning designation that is compatible with the surrounding zoning designations, which include "R-3a", Residential--Two-family, Medium- density, "R-4", Residential--High-density, and "R-S", Residential--Suburban, Country Estates. . Mr. Lee noted that the neighbors have mounted an effective campaign in opposition to previous applications. He then distributed an excerpt from the minutes of the April 10, 1989, meeting on Scientific Materials, at which Mr. Paden" Questioned the appropriateness of an RS-1 zoning district within the city limits, suggesting that an R-3 or an R-2 would be more appropriate." He stated that suggestion has been taken to heart, and the property owner is now seeking an "R-3" zoning designation. He also distributed an excerpt from a memo dated September 28, 1989, in which Mr. Paden indicated that R-3 development of the vacant portion of the site would be acceptable only if Ice Pond Road were used strictly as an emergency access. Mr. Lee stated that the neighbors in this area have been consistent in three themes in their opposition to previous proposals, as follows: (1) they want no expansion of the non- . conforming uses, (2) they want a master plan for the entire site, and (3) they want the traffic circulation issues addressed. He stressed that the proposed zoning will allow for residential development which is consistent with the existing development in that area. He noted that one of the conditions for approval of the Scientific Materials application was that no further development may occur on the site without a master plan for the site and extension of South 09-15-97 - .--.-------- -..-- -------.- - - 40 - Rouse Avenue to serve the property. He stressed the importance of a master plan and access to the site prior to any development, characterizing them as essential. He stated, however, that the first step is to establish the zoning for the site, so the applicant knows what type of development to include in the master plan for development. He further noted that, once the zoning has been established, the applicant can begin to address other issues, such as . improvements to the sewer system and the water system and extension of roadway. He noted that the Planning staff has confirmed it is appropriate to establish the zoning designation before addressing the infrastructure needs. He encouraged the Commission to also take this approach to the issue as it conducts this pUblic hearing and makes its decision. Mr. Lee stated that the proposed zone change will allow the applicant to prepare a master plan for development of the site in a manner which is compatible with the remainder of the area. He noted that it will allow for residential infill in an area close to the downtown, thus promoting the efficiency of urban services. He encouraged the Commission to recognize that the master plan identifies residential as the most appropriate type of development for this parcel. He noted that under this application, the existing non~conforming uses will remain, but . the baseline zoning will be for residential development. He stated that approval of this application will allow for further development of the site, which will include removal of the tall chain link fence along the linear park and possible removal of the old ice house. Mr. Lee concluded his presentation by encouraging the Commissioners to recognize that issues pertaining to infrastructure are more appropriately addressed during site development. He then asked the Commission to approve the application for the zone change. Mr. Hugh Reid, applicant, gave a brief history of the subject parcel. He stated that he lived close to the subject property as a child and spent many hours on the site watching the ice harvest. He stated that he has owned the property since 1965, and it was annexed into the city in 1973. He noted that he is the seventh officially recorded owner of the property, which was first deeded in 1912, and that reflects the turnover in ownership that may occur . with any parcel. He stated that, clearly, any decision pertaining to land use and zoning is far more permanent than the ownership. He then recognized that the rezoning of the property will not allow them to "flush one more toilet" on the property without several more reviews. He noted, however, that approval of this rezoning will allow the property to be developed, stating that the existing "R-S" zoning is unworkable and unrealistic within city limits. 09-15-97 .. ___u - 41 - Mr. Chuck Paden, 507 Ice Pond Road, distributed copies of a letter dated September 15, in which he forwarded his opposition to the requested zone map amendment. He also distributed a petition of opposition, containing eight signatures, and noted that a petition containing 53 signatures, representing over 40 percent of the properties in the immediate surrounding neighborhoods, was previously submitted. He then highlighted some of the points . in his letter. He stated there are three major problems with approving the zone map amendment: (1) access, (2) sewer and (3) continuance of non-conforming uses. Mr. Paden stated that the applicant's preferred option for providing access to the site includes the extension of Ice Pond Road and extension of South Rouse Avenue, which intersect very close to the southeast corner of the property. He stated that this proposal results in adding traffic to Ice Pond Road at its intersection with South Church Avenue, which is a blind corner, and that is not acceptable to the residents. He recognized that Ice Pond Road can be widened and improved, but that will not help the intersection. He further noted that since the two roads intersect in the corner of the property, they cannot be considered as two accesses to the property, thus meeting the code requirements for medium-density residential . development. Mr. Paden stated that under this application, the applicant is proposing that the four non- conforming buildings remain. He expressed concern that allowing those buildings and attendant uses to remain on the site will result in large truck traffic on residential streets, including Ice Pond Road, South Rouse Avenue, West Cleveland Street and South Willson Avenue. He noted that the large trucks serving those grandfathered non-conforming uses currently use Ice Pond Road to access the non-conforming uses, and the residents have learned to accept it. Mr. Paden stated that the first attachment to his letter is a copy of the conceptual site plan for the historic mixed use district application which was submitted in 1989, in which the proposal for access was the same as is being proposed now. He noted that other alternatives for access include the extension of East College Street, which must cross Mathew Bird Creek, . the linear trail and the recently acquired City parkland before reaching the subject property. He then indicated that the applicant has proposed the continuation of the existing non-conforming structures, and one of those buildings is situated where the logical extension of the roadways would intersect. 09-15-97 ----- - 42 - Mr. Paden stated that the densities under "R-3" zoning may be six to eight dwelling units, depending upon whether a density bonus is sought. He stated that existing development in the immediate area is at three dwelling units per acre, which is the density allowed under the "R-1", Residential--Single-family, Low-density, zoning designation. He further noted that, without a second access to the site, that is the highest density at which the property may . develop. Mr. Paden noted that the applicant's representative quoted from his written testimony in 1989. He noted, however, that Mr. Lee did not quote the sentence before that, in which he referenced the desirability of replacing the existing non-conforming uses, which is not being proposed at this time. Mr. Paden addressed the problems in the existing sewer system, questioning whether the City's taxpayers will be required to pay the costs of improving the system to provide service to this subject property. Mr. Paden stated there is nothing different between this proposal and the previous proposals which have been opposed by the residents in the neighborhood; the non-conforming . uses are to remain. He noted that in 1977, Mr. Reid testified that he intends to tear down the old ice house; twenty years later, that has not yet occurred. He stated that since the third metal warehouse building was allowed on the site under a planned unit development in 1979, a fourth warehouse was added under a building permit obtained in 1981 with no additional review. Mr. Paden concluded by noting the applicant and his representative have suggested that the problems and issues pertaining to access and infrastructure will be addressed during future reviews for development of the site and need not be addressed at this time. He stated, however, that he feels those issues must be addressed or "it's the taxpayers that will be hung out to dry". Mr. Mike Miles, 822 South Willson Avenue, stated he has been a member of the board . of the South Willson Avenue Improvement District Association for several years. He stressed the importance of considering the entire neighborhood when reviewing a proposal for a specific piece of property. He stated that, in this instance, South Willson Avenue could be negatively impacted by truck traffic from the subject property because of the non-conforming warehouse structures and uses. He reminded the Commission that the traffic patterns today are the same 09-15-97 ..--...--- .-..-...--- .--.---.--.---.-.---..---------.-....-.-- -. ..-..- _.~--- - 43 - as they were in 1989, when the previous zoning application was denied. He concluded by encouraging the Commission to protect the integrity of the neighborhood. Mr. Morris Jaffe, 1311 South Black Avenue, stated his support for Mr. Miles' comments. He noted that he has served on the Board of Adjustment for many years and has, therefore, acted on many of the applications forwarded by the property owner. He stated the . only application which has been approved was for the crystal growing operation because it was the only one which met the criteria and appeared to be appropriate for the site. He then asked that the Commission ensure the existing non-conforming uses are adequately addressed before approving the requested "R-3" zoning. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Commissioner Rudberg, Assistant Planner Chris Saunders stated that any proposal for development must be accompanied by a complete traffic analysis, including access points and traffic counts. He also noted that the bottlenecks in the sewer system between the subject property and the Wastewater Treatment Plant must be adequately addressed before approval is granted for any project. . Commissioner Rudberg noted that access to the site is one of the major issues raised by the Fire Department. She then stated that the concerns about large truck traffic could probably be addressed through signage, since the City has the authority to prohibit truck traffic on certain streets. She indicated that making a decision on this application is difficult because, without knowing the zoning designation, the applicant cannot proceed with analysis of the infrastructure yet the Commission must ensure that the deficiencies are adequately and appropriately add ressed. Assistant Planner Saunders assured the Commission that revising the zoning designation does not give the property owner the right to develop the property; rather, safety concerns and infrastructure needs must first be addressed. Responding to Commissioner Rudberg, Assistant City Manager Ron Brey stated that, . under generally broad standards, the Commission may address the continuation of grandfathered non-conforming uses. He cautioned that those guidelines pertain to any possible lapse in use, but do not allow for prohibiting a change in tenant with the same type of use. Responding to Commissioner Stiff, Mr. Bob Lee stated he sees no connection between the existing non-conforming uses and the requested zone map amendment. He noted that the 09-15-97 ---- --- -. --. - 44- property is vacant at the present time except for the non-conforming structures, and a source of revenue is needed to ensure its continued maintenance. He then stated that different issues are subject to different review criteria, and the non-conforming structures are not appropriately addressed in this forum. Further responding to Commissioner Stiff, Mr. Lee stated that the requested "R-3" zoning . will have no more impact on the existing non-conforming structures than the current "R-S" zoning. He then stated that the two older, smaller warehouses will probably be the first structures phased out since they are the least valuable and generate the least revenue. He recognized that if the property is zoned "R-3", over time, the existing non-conforming structures will probably be phased out to allow for more residential development on the site. Responding to Commissioner Stiff, Assistant Planner Saunders stated that during subdivision review, the Commission may make findings, based on public health, safety and welfare, pertaining to the existing non-conforming uses. He noted that, based on those findings, the Commission may then establish the conditions it determines are necessary to protect the public health, safety and welfare. . Responding to Mayor Stueck, the Assistant Planner stated that under the "R-1" zoning designation, a density of four units per acre is allowed. Mayor Stueck requested that the decision on this application be delayed for a period of two weeks, to allow him an opportunity to review the various zoning options available. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission table action on the Zone Map Amendment requested by Robert Lee for Hubert M. Reid, under Application No. Z-97114, to a special meeting to be held on September 29. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Rudberg. . Public hearing - Ordinance No. 1446 - amending various sections of the animal control ordinance Dertaining to licensina. kennel licenses. exotic animals. restraint of animals. nuisance animals and imDoundment of animals This was the time and place set for the public hearing on Ordinance No. 1446, as approved by the City Attorney, entitled: 09-15-97 - 45 - ORDINANCE NO. 1446 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 6.04.010, 6.04.020, 6.04.030, 6.04.040, 6.04.050, 6.04.060, 6.04.070, 6.04.080, 6.04.090, 6.04.110, 6.04.120, 6.04.130, 6.04.160, AND 6.04.170, AND BY ADDING SECTIONS 6.04.180 and 6.04.210; PROVIDING FOR REVISIONS TO THE DEFINITIONS; LICENSING REQUIREMENTS; . EXEMPTIONS FROM LICENSING REQUIREMENTS; ISSUANCE OF LICENSES; KENNEL LICENSE REQUIREMENTS; ANIMALS AT LARGE; DOGS IN HEAT; RABIES VACCINATION REQUIREMENTS; QUARANTINE FOR DOGS BITING PERSONS; PROHIBITING NUISANCE ANIMALS; IMPOUNDING UNLICENSED ANIMALS; PROVIDING REDEMPTION REQUIREMENTS FOR IMPOUNDED ANIMALS; AND PROVIDING ENFORCEMENT AUTHORITY FOR ANIMAL CONTROL OFFICER; BY AMENDING AND ADDING PENAL TIES FOR VIOLATIONS OF THIS CHAPTER; AND BY ADDING PROVISIONS FOR EXOTIC ANIMALS. Mayor Stueck opened the public hearing. Mayor Stueck noted that the Commissioners have already agreed with the designation of specific areas as leash free zones. He further noted that the Recreation and Parks Advisory Board has recommended that Burke Park be designated as a leash free zone for a period of one year and that it be reviewed after that time to determine whether that designation should remain in effect. He then stated that, until after the ordinance has been adopted and become effective, the Commissioners may not establish the leash free zones. . Staff Attorney Tim Cooper stated that this ordinance revises the animal control chapter of the Bozeman Municipal Code by making failure to clean up after animals an offense, by revising the penalty section to provide for minimum fines for specific offenses, and by providing regulations for exotic animals. He noted that other portions of this chapter have been revised for clarification purposes, with no major changes to them. Ms. Julia Bates, 1000 North 17th Avenue, stated that she does not live inside city limits. She forwarded her support for the proposed deposit or spaying/neutering of animals at large and the forfeiting of that deposit if the spaying or neutering is not done. She also forwarded her support for the forfeited monies being earmarked for the Humane Society. Ms. Bates stated she is opposed to the kennel licensing section of the ordinance, stating . it will result in a large percentage of the households within city limits being out of compliance. She suggested that a demographic study might provide beneficial information on how many animals are maintained in the household. She also forwarded opposition to the restraint and confinement section of the ordinance, stating that she feels those pet owners who have gone through training to ensure their animals are under voice control should not be penalized by 09-15-97 . ..- - 46 - requiring that their pets be on leashes at all times. She encouraged the Commissioners to not penalize the responsible pet owners for the actions of the irresponsible pet owners. Mr. Bill Stoddart, 225 Lindley Place, stated his support for allowing responsible pet owners to keep their pets off leash as long as they are under voice command. He characterized "under voice command" as coming when called or heeling when commanded to do so. He . stated that responsible pet owners do not ride bicycles down the road and let their dogs run four blocks ahead, messing in other people's yards; rather, they keep their dogs close at hand and clean up after them. Mr. Craig Barney, 1105 % South Grand Avenue, said he is a dog lover, although he does not own a dog. He stated that he walks around the community quite a bit, including Peets' Hill. He noted that, once in five years, he has stepped into a mess and characterized that as only "an inconvenience". He expressed concern that the fine for speeding is probably less than the proposed fine for failing to clean up after an animal. He concluded by stating he feels a pet owner should be allowed to maintain the animal under voice control rather than requiring it to be on a leash. . Mr. William Talbot, 410 East Story Street, stated he has a phobia of dogs and has been attacked by dogs several times on the streets of Bozeman. He noted that it is particularly bad on evenings and weekends, when people tend to let their dogs run at large. He stated that for people like him, small children and older people who can't necessarily defend themselves, dogs running at large pose a serious threat. He expressed concern about the lack of enforcement of the animal control ordinance currently in existence, suggesting that police officers should be providing that enforcement when the animal control officer is off duty. He encouraged the Commission to consider his concerns as they act on the proposed ordinance. Mr. Steve Hunts, 208 North Teton, stated that a blanket leash law is difficult to enforce. He suggested that those pet owners who let their dogs run loose should be prosecuted, and those dogs with a history of biting or aggression should be leashed at all times. He noted, . however, that responsible pet owners who can demonstrate effective voice control over their pets should be granted a special exemption from the leash law. He stated that if this ordinance is adopted as proposed, he will no longer be able to let his dogs run off leash in the park close to his house; rather, he will have to drive to Peets' Hill to let them run and get their exercise. 09-15-97 - ----------...... - 47 - Mayor Stueck stressed that there is currently a leash law in Bozeman, the violation of which carries a maximum penalty is $500.00 and/or six months in jail. He further stressed that under this proposed ordinance, the Commission is simply trying to clean up the language and add a couple specific sections to the code in response to issues previously raised. Former Commissioner Mary Vant Hull, 416 East Story Street, submitted letters from . several residents requesting that Burke Park be made a leash free area and encouraging that the Commission not require dogs who respond to voice control to be on leashes. Ms. Vant Hull encouraged the Commissioners to not require dogs under voice control to be on leashes, not only in Burke Park, but in other areas of the community as well. She noted that an article in this week's Time magazine indicates that dogs on leashes may tend to be vicious while those under voice control typically do not. Ms. Vant Hull recognized that some people have a phobia about dogs. She suggested that those individuals typically assume a victim status or other demeanor which incites a dog to attack. She suggested that, through adult education classes, people can learn to deal with their phobias. . Ms. Megan Kempt, 402 West Cleveland Street, stated that her dog is under voice control. She said she takes him and her two small children to the park to play and, if she must have the dog on a leash, she will be unable to take all three at the same time. Mr. Pete Bentley, 403 North Third Avenue, stated he would prefer to see all parks in the city established as leash free areas for dogs under voice control. He stated that the proposal to establish only Burke Park as a leash free area will result in all pet owners residing west of North 7th Avenue getting into their vehicles and driving to that area, which will negatively impact the area because of lack of parking. He then noted that many people do not carry bags with them, but if pooper scoopers and bags were made available in the parks, they would probably be much cleaner. Mr. David Chambers, 224 North Church Avenue, stated he has lived in Bozeman for . approximately two years. He said his dog responds to voice commands and stays with him when he walks, yet he is in violation of the code. He stated the current regulations don't seem to be working and encouraged the Commission to consider changing the ordinance. Mr. Scott Campbell, 1301 South Third Avenue, stated a lot of people in the community are responsible pet owners, and steps must be taken to ensure that they are treated properly. 09-1 5-97 - 48 - He forwarded his opposition to a blanket requirement for everyone to keep their dogs on leashes. He then stated that those who have a phobia about dogs or who have small children should be prepared if they encounter a dog. Ms. Marcela Alvarez, 109 West Villard Street, stated she is a soccer coach and takes her dog to the park when she coaches. She indicated that she cleans up after her dog, and the . children enjoy playing with her. She suggested that education by example is one of the best ways to improve the situation. She questioned whether the City has adequate manpower to enforce the existing ordinance or the proposed new ordinance. She also encouraged the Commission to establish fines for dog offenses which are on a relative scale with other criminal activities. Ms. Debra DeBode, 527 North Montana Avenue, stated she has resided in the community for fifteen years. She noted that the animal control officers are not currently able to enforce the existing ordinance, and she feels part of that is due to the fact that a majority of the residents do not know how strict the ordinance is or how stiff the fines can be. She then asked that the complete animal control ordinance be published in the newspaper at the . City's earliest convenience so that the public is aware of its contents. She also suggested that Burke Park should not be the only area designated as a leash free zone. Mr. Eric Olsen, 221 South 10th Avenue, stated his support for the proposal to publish the existing animal control ordinance, noting that he feels the proposed changes should also be included in that publication. He noted that he is getting better about keeping his dogs on leashes, and he now carries a bag to clean up after them. He expressed concern that designating only one area in the community where dogs can run off leash will result in a congestion that quickly becomes a real problem. He then suggested that the City work with representatives from different groups and neighborhoods in the community to develop a proposal for leash-free areas for the entire community. Mr. Tim Marcinko, 807 South Tracy Avenue, congratulated the Commission for tackling . this issue. He stated that he disagrees with the concept that the only way to control a dog is by a leash. He suggested that the responsiveness of an animal to voice commands could be tested by the Animal Control Officer, noting that if a dog comes back when it is called, it is in voice control and should not be ticketed. 09-15-97 ------------------ ...-..--- ...--- - 49 - Mr. Marcinko stated he does not believe it is the City's responsibility to police open spaces and free spirited animals. He noted that Burke Park is now separated from the cemetery by a fence, reminding people that not everyone appreciates the free use of that area. Mr. Marcinko stated that he walks the trails in Burke Park at least four days a week with his dogs and has seen no problems with dogs creating nuisances or becoming problems . because they are in an open area. Ms. Mindy Sheley, 1146 South Pinecrest, suggested that the City make a trail, possibly in a farmer's field, where dog owners could take their dogs to run during the winter months. She stated that with the deep snow in the winter. there is no place for people to take their dogs to exercise them at the present time. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. City Manager Johnson stated that staff will put the animal control ordinance. with the proposed changes, in the new City web site. He noted that. if at all possible, he will ask the Bozeman Daily Chronicle to put it on their web site as well. He stated that. since this is a legislative action. the Commissioners may accept public comment even though the public . hearing has been closed. Commissioner Youngman suggested that copies of the ordinance and proposed revisions also be made available at City Hall and the Humane Society. Responding to Commissioner Rudberg, Assistant City Manager Brey stated that the animal control ordinance currently in effect was adopted in 1981. It was moved by Commissioner Stiff. seconded by Commissioner Frost, that action on Ordinance No. 1446. amending various sections of the animal control ordinance pertaining to licensing, kennel licenses, exotic animals, restraint of animals, nuisance animals and impoundment of animals, be tabled to a future date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff. Commissioner Frost, Commissioner Youngman. Commissioner Rudberg and Mayor Stueck; those voting No, none. . Public hearina - Commission Resolution No. 3199 - levving and assessina delinauent snow removal assessments for Fiscal Year 1997 This was the time and place set for the public hearing on Commission Resolution No. 3199, as approved by the City Attorney, and entitled: 09-15-97 - 50 - COMMISSION RESOLUTION NO. 3199 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. . Mayor Stueck opened the public hearing. Included in the Commissioners' packets was a letter from Peter Holzinger, dated September 9, forwarding his opposition to the assessment on his property at 303 Granite because he never observed that the sidewalk was cleaned by the City's contractor and the Engineering Department cannot prove the work was done. Mr. Scott Campbell, 1301 South Third Avenue, stated that he wears a prosthesis and, therefore, sometimes has difficulty in keeping his sidewalk as clean as it should be, particularly last winter. He noted that he enjoys getting outside and getting exercise by shoveling, but his leg sometimes makes it a slow operation. He stated that on one occasion, he was unable to get the snow cleared within the time limits provided and he received a bill and a fine. He . stated, however, that the work done by the City's contractor actually made the situation worse because they threw salt on the snow which, in turn, created seven inches of ice. He stated that, while he has no problem paying for services rendered, he does have a problem with paying for a lack of service. He concluded by asking the Commission to not place this bill as an assessment against his property, but to remove it because of the lack of service from the contractor . Responding to Mayor Stueck, Assistant City Manager Brey stated that the condition of the sidewalk, prior to cleaning, is validated with a photograph. He noted that if the property owner does not clear the sidewalk, the City's contractor is hired to do the work. He stated that work is not validated with a photograph, however, City staff does spot checks on the work performed. He then stated that the best way to appeal a bill is to contact the City immediately . upon completion of the work, so the City staff can check the contractor's work and take appropriate corrective action. He noted that at this point, it is difficult to accommodate an appeal of the assessment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. 09-15-97 n_ . __.___ .-..---- - 51 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Commission Resolution No. 3199, levying and assessing delinquent snow removal assessments for Fiscal Year 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Public hearing - Tentative ADDroDriation Ordinance for Fiscal Year 1997-1998 This was the time and place set to conduct the public hearing on the Tentative Appropriation Ordinance for Fiscal Year 1997-1998, as approved by the City Attorney, and entitled: ORDINANCE NO. - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1998. Mayor Stueck opened the public hearing. . City Manager Clark Johnson briefly highlighted the tentative appropriation ordinance, which provides for a total of $30,417,864 in expenditures during Fiscal Year 1997-1998. He then stated that the mill value, which was received verbally today, is $37,579. He noted that since the estimated mill value upon which the tentative appropriation ordinance is based is $37,555, the City will realize approximately $3,400 more in property tax revenues than previously anticipated. The City Manager stated that the tentative appropriation ordinance does not contain any monies for water conservation education activities because he did not receive any clear direction from the Commission as a result of previous discussions. He reminded the Commission that a volunteer was available through Volunteer Montana, at a cost of $5,500 . for the year. He noted that was not included in the budget. and the deadline for taking advantage of that program has passed. He further reminded the Commission of the proposal to add $16,000 to the budget to provide for purchase and dispensing of educational flyers on a quarterly basis. He noted that the Commission previously discussed the possibility of 09-15-97 .- -----------..--..--- -.....-..--..--.-- - 52 ~ forwarding water conservation information to the customers through short messages on the monthly water bills as an alternative to flyers. Mayor Stueck recognized that, as a result of the previous discussions, the Commissioners were split, with two in support of adding monies to the budget for water conservation education and two in opposition to the proposal, and he had not yet made his . decision at the end of the meeting. He stated that the following day, he told the Clerk of the Commission to not add any monies to the budget. He noted, instead, that the City could probably more effectively distribute that information through presentations to students and sending flyers home with the students. He stated that parents tend to pay more attention to information brought home by their children than flyers in monthly bills. He also indicated that he was not supportive of hiring a volunteer coordinator. Commissioner Youngman noted the importance of recognizing that many people in the community do not have students in the school system, therefore, only a portion of the community could be reached in this manner. She further noted that, even if this mechanism is used, the City must purchase the information that is to be distributed. . Commissioner Rudberg stated her support for providing information on water conservation through short messages on the water bills. She said, however, that she does not support mailing flyers with the bills, and she does not support exploiting the school children by sending materials home with them. Ms. Joan Montagne stated she owns property at 1105 South Tracy Avenue and resides at 17 Hodgeman Canyon Road. She forwarded her disappointment that the Commission chose not to fund the volunteer coordinator position, stating she feels it could have been extremely beneficial for both the City and its consultant for the dam project because no City staff member has the time to gather or provide the information that could have assisted the process. She stressed the importance of recognizing that growth and water are top issues for the community and the area. She concluded by encouraging the Commission to include monies in the budget . for water conservation education. Following a brief discussion, a majority of the Commission concurred that $5,000 should be added to the Water Fund for water conservation education, with a determination being made later on how those monies should be spent. 09-1 5-97 . -.-.--.--.. .---.--..-..- .. u_____......._._ - 53 - City Manager Johnson stated that, in light of the costs for the sludge pond expansion and rehabilitation project, the monies budgeted for the Wastewater Fund must be increased by $498,900, to $3,227,736. The Commissioners concurred with the proposed revision. Responding to Mayor Stueck, the City Manager stated that $2 million has been spent on the Bozeman Solvent Site since the 25-percent surcharge was implemented in the . Wastewater Fund. He noted that an analysis of the fund reveals that if the Bozeman Solvent Site were not drawing on it so heavily, the basic charges would cover the operations costs. He stated that the sludge pond project is essential to the wastewater treatment operations and must be completed this fall if possible. He then indicated that staff plans to bring back a detailed analysis of this fund for Commission consideration. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. City Manager Johnson announced that the Appropriation Ordinance will be placed on the October 6 agenda for final adoption. Adjournment - 11 :10 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none. C. C2, t!' ~~ DON E. STUECK, Mayor ATTEST: ~y~ ROBIN L. SULLIVAN . Clerk of the Commission 09-15-97 ... --