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HomeMy WebLinkAbout1997-05-19 Minutes, City Commission -------- - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 19, 1997 ***************************** The Commission of the City of Bozeman met in regular session in the Commission . Room, Municipal Building, May 19, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, Staff Attorney Cooper and Acting Clerk of the Commission Erlandson. 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 - Mav 5. 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meeting of May 5, 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. Preliminarv Plat and Conditional Use Permit - Carson Place Townhouses - planned unit development to allow development of subdivision of 1.9-acre tract for 19-unit townhouse complex and allow one of four townhouse structures to contain six dwellina units - Lowell SDrinaer for Don Bockhahn (1304 West Babcock Street) (P-9716 and Z-9726) This was the time and place set for review of preliminary plat and conditional use permit for Carson Place Townhouses, as requested by Lowell Springer for Don Bockhahn, under Application Nos. P-9716 and Z-9726. Under the preliminary plat application, a 1.91-acre tract located in the East one-half of the Southwest one-quarter of Section 12, Township 2 South, . Range 5 East, Montana Principal Meridian, is to be subdivided in10 19 townhouse residential . lots. Under the conditional use permit for planned unit development, the applicant is proposing the development of 19 townhouse units in four buildings, with one of the buildings to contain six dwelling units, thus exceeding the maximum density of five allowed per townhouse structure by one. The subject property is more commonly located at 1304-1312 West Babcock 05-19-97 - - ---- -.---- -----.--- <, - 2 - Street. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the review of preliminary plat and conditional use permit for Carson Place Townhouses, as requested by Lowell Springer for Don Bockhahn, under Application Nos. P-9716 and Z-9726, be continued until June 2, 1997. 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. Preliminarv Plat review - North Meadows Subdivision. Phase II - subdivide 7.9:t acres into five lots for residential develoDment: revisions to Phase I to relocate Dark and reconfiaure lots in Blocks 1 and 4 - located in the NW%.. Section 11, T2S. R5E. MPM (south side of Durston Road. west of Hunters Way) (P-9715) This was the time and place set for review of the preliminary plat, requested by Thomas, Dean and Hoskins, Inc., under Application No. P-9715, for the North Meadows Subdivision, Phase II, to subdivide 7.9:t acres located in the northwest quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into five lots for residential development. The application also covers revisions to Phase I, to relocate the designated . parkland and reconfigure lots in Blocks 1 and 4. The property is more commonly located on the south side of Durston Road, west of Hunters Way. Assistant Planner Chris Saunders gave the staff report, noting that the property is still undergoing the annexation process to the City of Bozeman, and that it should be completed shortly, with zoning to follow thereafter. The Planner stressed that, under this application, the total number of lots in Phase I has not changed. Planner Saunders said that, due to the rearrangement of the lots, the zoning will have to be adjusted, but this will not be difficult since the zoning has not been finally adopted. Assistant Planner Saunders noted that, following its public hearing, the City-County Planning Board forwarded their recommendation of approval on May 6, subject to several . conditions. The Planner said there is adequate ability to provide infrastructure for water, but a concern identified in both phases of the project is a series of bottlenecks downstream from the property in the sewer system. He said that, for Phase I, the applicants were required to construct either a relief sewer, or an alternative that they were able to identify. The Planner noted the applicants proposed an alternative and will use the same alternative for Phase II. He 05-19-97 --- -- , . . .----.-- ----- - 3 - said plans and specifications for the alternative are currently being reviewed by the City Engineer's office. The Planner said the applicants originally proposed to meet part of their required parkland dedication requirements under State law, both by dedicating parkland, and by making improvements to that land; however, the City Attorney issued an opinion which said this may . not be done since State statute decrees an applicant either dedicates parkland or pays cash. Accordingly, he said, minor modifications were made and Condition 12 of the staff report was deleted. The Planner noted the sewer line construction, mentioned in Condition 1, has been conceptually approved but that there are details yet to be worked out. Dave Crawford, Thomas, Dean and Hoskins, said the firm would like to use the cash- in-lieu money for the parkland for the park, though he does not know if this can be done. He said Clair Daines, the developer of the property, would like to see the money used to make the park look nice for the people who live in that area, rather than being spent elsewhere and this park remaining undesirable. Mr. Crawford noted his firm submitted the sewer alternative to the City Engineer's . Office, along with all the street, sewer and water plans for the entire project, two weeks ago and does not feel they will be reviewed very soon. Mr. Crawford said this review also affects a Montessori School which is proposed to be built on Lot 3. Responding to Mayor Stueck, Mr. Crawford said the application for zoning has been made and approved, but that the final adoption for zoning and annexation has yet to be executed. The Mayor cautioned Mr. Crawford to alert the Montessori School people not to submit anything to the Commission before zoning and annexation issues have been completed. Commissioner Rudberg noted her concern that the City is rapidly approaching disaster because of the State law that requires the City to ask for parkland which it cannot then afford to maintain. Responding to Mayor Stueck, Acting City Manager Brey said there may be some . options for park maintenance districts, structured like SIDs around specific facilities, but that it has not been researched extensively. Mayor Stueck stressed that cash-in-lieu may be given, along with parkland, but that the developer may not buy the equipment and improve the park. In response to Commissioner Rudberg, the Assistant Planner said the problem was 05-19-97 -..-------... ------. - 4 - that the applicants proposed a third alternative, which is that they would perform work on the park site, rather than giving cash-in-lieu, and that they now want to have that cash-in-lieu money earmarked for the park. Staff Attorney Tim Cooper said the general rule under statute is that cash-in-lieu money is used to service that subdivision. . Responding to Commissioner Youngman, the Planner said the appraised value is on the raw land, rather than the value of the land about to be developed. Commissioner Rudberg noted the purpose of subdivision parks is to keep children in their own community, rather than crossing streets to get to a park further away. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the preliminary plat, requested by Thomas, Dean and Hoskins, Inc., under Application No. P- 9715, for the North Meadows Subdivision, Phase II, to subdivide 7.9::t acres located in the northwest quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into five lots for residential development, and to revise Phase I, to relocate the designated parkland and reconfigure lots in Blocks 1 and 4 be approved subject to the following conditions: . 1. The applicant shall design and construct line A2, as designated in the Draft Wastewater Facility Plan, or an alternative routing, as approved by the City Engineer. A Predesign Report addressing the master planned sewer system to identify necessary sewer system improvements required for full development shall be prepared and submitted to the City Engineer for review and approval. 2. The final improvement drawings shall be adequately dimensioned. 3. The Developer shall be responsible for the payback of SID No. 621 (sewer) Payback Area fees and the Main Mall Sewer Payback Area fees. The paybacks must be completed prior to final plat approval. 4. Ditch information: a. Stormwater generated by the proposed subdivision which discharges to a privately owned ditch must have written permission of the ditch owner. . b. The Applicant shall obtain written permission from the existing ditch owners, Farmers Canal, for any proposed relocation or the creation of any pond. c. The Gallatin Conservation District shall be contacted by the applicant regarding any proposed ditch relocation and any required permits shall be obtained prior to any work commencing. 05-19-97 - ---- - ------- ---- --- .-...- - 5 - 5. The proposed water main along Durston Road shall be extended west along the entire length of the property line. 6. The location of and distinction between existing and proposed sewer and water mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 7. City standard sidewalk shall be installed and properly depicted at the standard location (Le., 1 foot off property line) along the . street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three (3) years of plat approval regardless of whether other improvements have been made to the lot(s). The developer shall install City standard residential sidewalks on all pUblic street frontages that abut park land or open space areas at the time the street improvements are installed. These improvements shall be completed prior to plat approval or secured by an improvement agreement and financial guarantee. 8. All private drive approaches shall be constructed in accordance with the City's standard approach, Le., concrete apron, sidewalk section and drop-curb. An approved temporary cul-de-sac shall be installed on West Villard Street. 9. An Occupancy Permit must be obtained from the County or appropriate governing body for locations of water and sewer mains within the public right-of-way. . 10. The proposed covenants shall be modified to reflect the changes for the covenants in Phase 1. 11. Prior to the initiation of construction the applicant shall demonstrate that he has contacted and is in compliance will the Montana Department of Environmental Quality Permiting and Compliance Division Storm Water Control and Permitting Program. 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. The City Commission also directed staff to explore using the cash-in-lieu money from this parkland directly for the park. Reauest for classification of use as Der Section 18.06.060.8. re distribution centers . Planning Director Andy Epple stated that this request is for classification of use as per Section 18.06.060.B. of the Bozeman Municipal Code. He noted that background information has been provided in the form of a copy of his letter, dated April 30, 1997, to Mr. Ron Kissock of Harrington Bottling Company, and in his memorandum in today's packet. The Planning Director said Classification of Use is a specific part of the Bozeman 05-19-97 - ~ ----------- ..._n__. - 6 - Municipal Code that basically sets forth that, where a classification of use is questionable, and where the Planning Director feels it is a question that has some greater significance, then the decision of classification should be made at the Commission level. Planning Director Epple said that the propoal is to place what would normally be defined as a distribution center in a business park zoning district. He noted this week's . memorandum gave the definition of a distribution center, which closely fits the proposed Harrington facility, that is, an establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle. The Planning Director noted a distribution center is not a use that is specifically listed anywhere in our zone code, hence the need for it to be classified by the Commission at this time. The Planning Director said another use that is somewhat similar to this use is "Light Manufacturing~-completely indoors", noting that Mr. Kissock suggests we consider this to be the same, or so similar as to be considered the same as the proposed use. He felt compelled to advise the Commission that it might be considered similar to other kinds of uses that are . listed in our code, these being a "warehouse facility", defined as a closed building designed and used primarily for the storage of goods and materials; or a "truck terminal", defined as an area and building where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. The Planning Director said warehouses and truck terminals are permitted principal uses in the City's "M-1" and "M~2" districts but are not listed as permitted uses in the Business Park district, and may be permitted in those areas only through a Planned Unit Development review. Planning Director Epple said that, should the Commission decide this use is the same as "Light Manufacturing--completely indoors", staff will proceed with reviewing the proposal as a major site plan review, subject to entryway corridor guidelines. However, if the decision is that this use is more suited to a "Warehouse" or "Truck Terminal", then the project will have . to go through a Planned Unit Development review. The Planning Director noted a third option in his memorandum is that if this proposal is not found similar to any of the listed uses in the City's zoning code, then the Commission should initiate a text amendment to designate one or a more zoning districts in which a "distribution center" is appropriate. 05-19-97 --- - 7 - Planning Director Epple said he asked Mr. Kissock to provide the number of trucks coming and going to this facility, which is of interest because of the prospect of it being classified as a trucking terminal. He said the number of large delivery trucks coming in per week will be approximately eight, or slightly more than one per day; outgoing route trucks will be about six, leaving at 6:00 a.m. and returning mid-afternoon after deliveries. He noted this . number is considerably lower than anything normally considered a truck terminal. The Planning Director concluded by pointing out that the area in question is the Burrup Annexation. Responding to Mayor Stueck, the Planning Director confirmed that a distribution center such as this, if classified as "Light Manufacturing--completely indoors", is eligible to go into any business park district. Mayor Stueck noted his concern that language should be generated to extend the definition from, not only "indoors", but that it will be in conjunction with an office complex, so the City does not end up in the future with a distribution center that is a truck drop-off lot. The Planning Director concurred that this can be done with a text amendment. In response to Commissioner Youngman, the Planning Director commented that a . Planned Unit Development is a Conditional Use, and the last conditional use listed under the "BP" district is "any use approved as part of a planned unit development". Don Harrington, Harrington Bottling Company, noted that this coming year Harrington's will have been in business for twenty-five years and that this is the first time he has had to come before the Commission. He said the company has been at the Bridger Center all that time and that new packaging continues to come into the business, with the result that they are running out of room. Mr. Harrington said they had considered the trucks running back and forth and had picked an area that did not necessitate going through town. He noted Harrington's employs about thirty people, and that the new facility will incorporate an office complex. He referenced a soft-drink vending company that will be close to Harrington's in their new area, noting that any business has a certain number of vehicles going back and forth to . service the Gallatin Valley area. Responding to Commissioner Youngman, Mr. Harrington said his company's present loading dock area is outdoors, but that they will enclose the new dock area because of winter conditions. Responding to Mayor Stueck, Mr. Harrington said most site storage will be inside, but 05-19-97 --.-- - 8 - that there might be a special events trailer stored at the back of the building. Ron Kissock, Operations Manager for Harrington Bottling Company, said that all the dunnage for the Bozeman store is stored in Butte, and that, because of the turnover and the lack of storage facilities while in Bozeman, any dunnage stored in Bozeman is typically in transport trailers until it can be taken to Butte. . Responding to Mayor Stueck, Mr. Harrington confirmed this is an inside operation, with an office area, warehouse storage, and enclosed dock, not an outside operation. In response to Commissioner Frost, Planning Director Epple said there is an additional requirement for open space in a business park district, and that the proposed area is also in the entryway corridor, necessitating building design review. Responding to Commissioner Frost, Planning Director Epple said there is a 5,000 square foot limitation on any individual building in the neighborhood commercial district, but there is no limitation in the business park district. He continued by saying there is a forty percent open space requirement in a BP district, noting that this is the main way a business park setting is differentiated from an M-1 or M-2 setting. . Mr. Kissock said it is Harrington's intent to put the facility on the west side of the 12- acre parcel, noting there will still be a large expanse between the building and the residences on Virginia Drive. He referenced transportation routes, noting that the new location will be a lot easier for the drivers and for Bozeman than the present ones, and further stressed that the appearance of the new facility is of great importance to Harrington's. In response to Mayor Stueck, the Planning Director said the only thing in a conditional use section is the planned unit development, and that the truck turn-around issue will be covered in the major site plan review process. He noted there is already quite a bit of natural hillside area that is graded up toward the interstate, and that the trees and shrubs there will count toward the open space requirement. Commissioner Rudberg said she can support this application because of the small . number of daily trucks, and because she feels the new location right off the interstate is an appropriate place for such a business: she also said she likes the fact that it will keep those trucks out of the downtown area, and that the facility is an enclosed one. Commissioner Frost said he will support the classification basically for the objective reasons of transportation, both nearness to the interstate and the number of trucks in use, and 05-19-97 -.....-..--. --~ - - 9 - also the fact that it is an indoor facility. Commissioner Youngman noted that, for her, the indoor facility is critical in her decision to support the light manufacturing designation, noting the business's definition is closer to light manufacturing than to warehouse or truck terminal. She stated her opinion that the Commission does need to move on a text amendment. . Mayor Stueck said he is agreement with Commissioner Youngman, noting he wants to act on a text amendment because he does not want any surprises in other business areas. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission determine that a distribution center is so similar so as to be considered the same as Light Manufacturing--completely indoors, and that its use and operation are compatible with the uses permitted in the Business Park zoning district. 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. The Commission directed that planning staff consider the issues of the business being . indoors, size limitation, buffering, and limitation of traffic. Ordinance No. 1442 - revising ChaDter 18.65 to Drovide for revision and simDlification of the sign code Previously distributed to the Commission was a copy of Ordinance No. 1442, as approved by the City Attorney, and is entitled: ORDINANCE NO. 1442 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1424, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNIC IPAL CODE, BE AMENDED BY REVISING CHAPTER 18.65 OF SAID CODE; PROVIDING FOR THE REVISION AND SIMPLIFICATION OF THE SIGN CODE. Mayor Stueck commended the business owners in the community who are voluntarily . coming forward to reduce their out-of-compliance signage, when they do not have to. He said it is his belief this will relieve a lot of the contention in the community about the really large signs that are out of compliance. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that Ordinance No. 1442, revising Chapter 18.65 to provide for the revision and simplification of 05-19-97 - 10- the sign code, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. Pledged Securities as of March 31. 1997 . In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Frost and Commissioner Youngman have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks, and found them to be in order. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Pledged Securities as of March 31, 1997, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1997 RATE MA TURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman . Federal Deposit Insurance Corporation $ 100.000.00 TOT Al - First Security Bank - Bozeman $ 100.000.00 AMERICAN BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Sub-total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: U.S. Treasury Note 6.00 08/31/1997 182005092 $ 1.000,000.00 Federal National Mortgage Association 8.65 02/1 0/1998 182007113 200.000.00 U.S. Treasury Note 5.125 06/30/1998 163009416 1,000,000.00 Federal Home loan Bank 5.72 03/18/1998 182007117 500.000.00 . Federal Home Loan Bank 5.69 03/25/1998 182007118 300.000.00 Sub~total ~ Trusteed bonds and securities $ 3.000.000.00 TOT Al - American Bank - Bozeman $ 3.100.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N .A., for the Depository Bonds held by the Director of Finance as security, for the 05~ 19-97 ~ 11 - deposit for the City of Bozeman funds as of March 31, 1997, by the banks of Bozeman and approve and accept the same. DON E. STUECK, Mayor . JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner ALFRED M. STIFF, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Presentation of third auarter budget review; attendant budaet amendments The Administrative Services Director said the third quarter budget review has a total . revenue adjustments increase of $75,000, and that total third quarter expenditure adjustments are up $43,085. He gave a brief overview of the adjustments made, as contained in his memo dated May 10, 1997. The Administrative Services Director referred to the corporate license tax, characterizing it as a very unreliable, unpredictable source of revenue in past years. He noted, however, that the Legislature recently passed a bill whereby the State will use a five-year average, which will give quite a degree of predictability to this revenue source beginning next year. The Director said he has contacted the Department of Revenue, but that he does not yet have enough information to indicate whether or not this revenue estimate should be dropped. Administrative Services Director Gamradt said expenditures are slightly more varied than . revenues, but just four percent above average at this point. He noted this is the highest level of the past five years, but that as budgets begin to tighten up, there will be less flexibility. He further noted that, as vacant positions are filled, there are less savings at the front end of the fiscal year. The Director concluded by saying revenues are two percent above the last five-year average, and basically on target. 05-19-97 .. ._n __...._.... _ - 12 - In response to Commissioner Rudberg, the Administrative Services Director said a lot of the five percent retained by the State from gambling revenues goes back to the schools. Further in response to the Commissioner, Acting City Manager Brey said the decision to move the Parking Clerk downtown is for customer convenience, along with providing better coverage for the position. He noted that it is also hopeful that, over time, the Parking Clerk can be given . a little discretion in dealing with contested citations, in which case it is better to have the clerk supervised by someone other than the ultimate appeal authority, the City Judge. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission acknowledge receipt of the third quarter budget review and authorize the Mayor to sign the attendant budget amendments. 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. Discussion - FYI Items David Smith, Executive Director of the Bozeman Chamber of Commerce, said they have . a very active tournament committee that has set up some good tournaments for the years 1997 through 1999, and announced the State Class "A" Boys Tournament will be held in Bozeman in March, 1999. He said tourism enquiries are at, or near, the highest for over nine years, noting that the number of enquiries in the first quarter of this year is the highest in seven years. He said hotels are optimistic about tourism this summer. The Executive Director said the Chamber of Commerce is continuing progress on its new building at 19th and Baxter, and expects ground breaking to be on July 4th. He concluded by referencing recent dialogue with the Commission concerning impact fees, and said those in the private sector who had met with public officials about a year ago, got together to discuss what has not been happening at State level and came up with some topics they would like to discuss with the Commission at a future work session. . In response to Mayor Stueck, the Executive Director said opinions varied about the state of the real estate market. He quoted two local brokers who said there are only about two percent fewer listings on the market than a year ago, although those that are listed may be at lower price listings than before. He said that, typically, a home sells for 95% to 100% of the asking price, and that people are still seeing fair appreciation of their real estate. 05-19-97 - 13 - Responding to Commissioner Rudberg, the Executive Director noted there have been many comments from people outside the community who were involved with Special Olympics about how wonderful people in Bozeman are, and how many volunteers there were. He said he had tried to volunteer himself, but every event he went to already had plenty of volunteers. Mr. Smith commented that Bozeman will have Special Olympics for the next two years. He . said the Chamber is really encouraged about the summer because three very large conferences will be held at MSU, along with five small ones. Acting City Manager Brey presented to the Commission the following "For Your Information" items. ( 1 ) Invitation to attend a workshop on utility deregulation and competition on June 13 at the Holiday Inn, Bozeman, put on by the Montana Local Government Energy Office and the Montana Power Company. The Acting City noted that at least one staff member will be attending; (2) Messages taken from various members of the public concerning the Pride! Parade; . . (31 Copy of letter from Craig Brawner, City Engineer, dated May 14, to Acting City Manager Ron Brey and Director of Public Service Phill Forbes, concerning the sewer system infiltration and inflow contract; (4) Letter, dated May 13, from Neal Ganser, 32404 East Frontage Road, concerning the extension of the Burrup sewer line; (5) Minutes of the meeting of the Enhancement Program Steering Committee, held on May 6, 1997; (6) Notice of meeting of the Cemetery Advisory Board, to be held on May 21 at 2:00 p.m.; (7) Notice of meeting of the Community Affordable Housing Advisory Board, to be held on May 30, 1997 at 3:00 p.m. in the HRDC Conference Room, Bozeman Hotel; . (8) Notice of meeting of the Development Review Committee, to be held May 20, 1997 at 10:00 a.m. in the City Commission Room; (9) Notice of meeting of the Gallatin County Commission, to be held on May 20, 1997 at 1 :30 p.m. in the Courthouse Community Room; (10) Notice of meeting of the Bozeman City-County Planning Board, to be held on 05-19-97 -------------- - 14 - May 20, 1997 at 7:00 p.m. in the City Commission Room; (11 ) The Acting City Manager submitted his report, as follows. (1) Noted receipt of the budget is on schedule for June 2. (2) Said he has been very busy with flood preparations, noting Neighborhood Coordinator/Grantsperson James Goehrung has coordinated volunteers to provide assistance on private property. He said sandbags are deployed at some City facilities . that are at risk of flooding, and noted the creek level has dropped noticeably with the cooler weather. (12) Commissioner Frost submitted the following. (1) Said he has had a busy week, and that the most exciting part was Friday when he worked with Special Olympics preparing food and cleaning up. (2) Said his interest was caught by the Montana League of Cities and Towns memorandum just received. He said he feels it quite obscene that the City's money is worth fifty-eight cents on the dollar to what it was a few years ago, and yet the State Legislature increases the State General Fund 6.5% over the next two years. The Commissioner stated his wish for staff to look into what the City is paying in funded mandates, noting it is his belief we need to draw the line somewhere. He said while the City is penalized for being . efficient, the State raises their revenues and passes the cost to the cities. (13) Commissioner Youngman submitted the following. (1) Noted she is involved with an executive director search at work that should be very active just as the City search concludes. (2) Spoke at three senior government classes at the high school, and distributed a memorandum covering comments and suggestions made by the students. (3) Said she picked a dog from the Humane Society last week and warned the Commissioners she is developing authority skills that may be inadvertently used at Commission meetings! (14) Commissioner Rudberg submitted the following. (1 ) Attended the Gallatin Valley Tomorrow meeting. (2) Attended the Special Olympics. (3) Attended the Junior Achievement lunch. (4) Said that, given the number of police reports recently concerning dogs and dog bites, she feels a work session is needed to continue discussion on a dog ordinance . and that the City now has a serious problem. ( 15) Mayor Stueck stated that he attended Special Olympics, noting the impressive torch bearing ceremony. Commissioner Rudberg extended her condolences to Mayor Stueck over the loss of his mother last Friday. Her sentiments were echoed by those present. 05-19-97 --. -. -.---. ---....- - 15 - Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Reauest for eermission to conduct Sweet Pea Parade '97 - Saturdav. Auaust 2. 10:00 a.m. - Main Street from 11th Avenue to Church Avenue Authorize Actina City Manaaer to sian - Right-of-Wav Agreement - Parcel . No. 3 for Project No. 95-310 {South Third Widen in a Proiect}; acceet Warranty Deed for Darcel Authorize Actina City Manaaer to sian - Water Piceline and Access Easeent and Agreement - Lowell W. Scringer - 30-foot bv 43-foot easement on Lot 2. Block 2. Scring Meadow Subdivision Acknowledae receict of acclication for annexation - Gatewav Limited Partners - annex 145 + acres located in the SW%. Section 2. T2S. R5E. MPM {north side of Durston Road. immediately west of Smith Annexation}; refer to staff Acknowledge receict of acclication for annexation - XL Limited cartnershiD - 160 + acres located in the NW%. Section 2. T2S. R5E. MPM {south side of Baxter Road}; refer to staff Acknowledae receiDt of aeelication for annexation - 360 Ranch Corporation. David F. Norton. Billion Family Partnershie and R&D Holdings - 411 + acres located south side of Durston Road. west of Ferauson Road and north of US Highwav 191; refer to staff . Acknowledae receiet of reauest for creation of a seecial imerovement district for eavina of streets within North Meadows Subdivision; refer to staff Authorize Acting City Manager to sign - Chanae Order No.1 for Remodel of City Hall Annex Diamond Construction. Inc. - add $7 .990.00 and 30 calendar days Award bid - traffic signalization of North 7th Avenue/West Tamarack Street - JTL Graue. Inc.. Belarade. Montana - in the bid amount of $139.448.95 Award bid - traffic signalization of North Willson Avenue/West Mendenhall Street and Hiahland Boulevard/East Main Street - ACE Electric. Inc.. Laurel. Montana - in the total bid amount of $224.720.62 Authorize Mavor to sign - Findings of Fact and Order - Graf Minor Subdivision - subdivide 148.44 acres on west side of North 19th Avenue between Baxter Lane and 1-90 interchange into three lots for commercial development . Reauest for cermission to solicit auarters for Shodair Children's HosDital at North 7th Avenue/Durston Road and 19th Avenue/West Main Street - Bozeman Kiwanis Club and Bozeman Hiah Kev Club - Saturdav. Mav 31. 9:00 a.m. to 11 :30 a.m. Reauest for eermission to conduct Walk/Push/Pull A- Thon - Saturdav. Mav 31. 1-3 D. m. - College Street fram 15th to 11 th; subiect to all carade auidelines and any apclicable ordinances 05-19-97 . .. ......-. ----.. - 16 - ADDoint City Attorney Paul luwe as Acting Actina City Manager on May 23-30. 1997 Building InsDection Diyision reDort for Aoril 1997 Claims It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, 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 Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Recess - 4:20 o.m. Mayor Stueck declared a recess at 4.20 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting . the scheduled public hearings. Public hearing - Variances from Sections 18.50.050 and 18.50.050.C. of the Bozeman Municioal Code. to allow new garage to exceed heiaht of existing home and exceed the 720- sauare-foot maximum allowed - Richard McKay - Lot 8. Beatty's Subdivision (1575 West Kagy Boulevard) (C-9706) This was the time and place set for the public hearing on variances from Sections 18.50.050 and 18.50.050.C. of the Bozeman Municipal Code, as requested by Richard McKay under Application C-9706, to allow a new garage to exceed the height of the existing home and to exceed the 720-square-foot maximum allowed for an accessory structure on Lot 8 of Beatty's Subdivision. The property is more commonly located at 1575 West Kagy Boulevard. Acting City Manager Brey cautioned the Commissioners that a minimum of four votes . are required for approval of a zoning variance. Mayor Stueck opened the pUblic hearing. Assistant Planner Jody Olsen gave the staff report, noting that the first variance is to allow the height of the proposed structure to be greater than the height of the principal structure, which is the existing home on the site. She said the second variance request is from 05-19-97 .....---...--..- - 17 - the maximum allowable size restrictions for accessory buildings. The Assistant Planner said the zoning ordinance defines an accessory building as a subordinate building, or portion of the principal building, located on the same lot as the principal building, and that the Planning Director has interpreted this definition to mean no single detached accessory building may exceed the ground-level area of a typical three-car garage, i.e., 720 square feet. She noted the . proposed garage is 2,000 square feet in size and is, therefore, 278% greater than the 720 square foot maximum established in administrative policy. Assistant Planner Olsen said the existing home, as well as the proposed garage, would comply with the required front, rear and side setbacks. She further noted that, in order for a variance to be granted, the Commission must find that the three criteria set by the Montana State Supreme Court have been met: that the variance will not be contrary to the public interest; that a literal enforcement of this title will result in unnecessary hardship owing to conditions unique to the property; and that the spirit of this title will be observed and substantial justice done. The Assistant Planner said staff has reviewed the variances in light of all three criteria . and found that the first variance could be found to meet all of them. She said, however, that the second variance could not satisfy all three of the criteria, noting that staff, in respect to the first criterion, feels the proposed site of the garage would be contrary to the public interest due to negative visual impact; that such a large building would be visually out of scale with the principal building; and that the size of the proposed garage may encourage use of the property not normally customary and incidental in the R-S zoning district. With regard to the second criterion, the Assistant Planner said the applicant claims hardship because the overall size of the lot may be reduced in the future due to plans to widen Kagy Boulevard. She said the applicant has said some additional property may perhaps be acquired when Willow Way is realigned and constructed, resulting in additional storage area. The Planner said staff has determined a 720-square-foot garage may be constructed, allowing . for storage, and that further storage could perhaps be found off-site. She said staff has found no hardship associated with the property that would satisfy the second criterion. The Assistant Planner said staff has found that construction of a 2,OOO-square-foot garage would not uphold the spirit of the ordinance, since the garage will appear greatly out of scale with the principal structure and other accessory buildings in the neighborhood, and is 05-19-97 - 18 - not comparable to garages throughout the jurisdiction. Assistant Planner Olsen said staff recommends that the first variance be granted, but not the second variance, and recommends that the applicant construct a roof up to 720 square feet in size, with the roofline as currently proposed. The Assistant Planner pointed out on the map another existing structure not shown . on the submitted site plan, which appears to be a storage shed, about 225-230 square feet in size, that encroaches into the required side area setbacks and also appears to be closer than six feet to the principal structure, thereby violating the zoning ordinance. The Planner said staff recommends a condition be attached if one or both variances for the garage are granted, which says that a variance and a building permit be applied for for the existing shed structure, or that the shed structure be relocated on the site in order to comply with the zoning ordinance and a building permit applied for. She said a third possibility is that the shed structure could be removed from the site. The Assistant Planner noted that one letter was received from Ralph Olsen, 1605 West Kagy Boulevard, and included in the packet. . Charlotte McKay, 1575 West Kagy Boulevard, wife of the applicant, said 720 square feet does not begin to encompass the area they need to store their vehicles. She said they cannot manage with even 2,000 square feet. Ms. McKay said they are attempting to save their tires from weather-checking, and they do not feel it is fair to have to pay up to $200 a month for storage off-site. Ms. McKay said she and her husband have no intention of degrading anyone else's property, but that when Kagy Boulevard is widened, they will lose their ability to turn around in their driveway. She noted they cannot use their present two-car garage attached to their house because after Kagy Boulevard was built, the height of the road required them to build up their driveway to prevent water pouring down it during rain. Ralph Olsen, 1605 West Kagy Boulevard, said he lives next door to the McKays and asked whether the Willow Way extension has been approved or is still pending. He said this . pertains to the subject under discussion because of the possibility of more land becoming available for purchase. In response, Mayor Stueck said he is not aware of any proposal concerning Willow Way at this time, although there may be something in the future. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. 05-19-97 ----------- - 19 - Responding to Mayor Stueck, the Assistant Planner said there was no building in the neighborhood larger than 1,200 square feet. She further said that the four variance applications sought by residents in the area were for setbacks, not size. Commissioner Frost stressed the City has strict rules for variances that must be abided by, and that he cannot see this is a hardship but, as the applicant said, more of an . economical issue. In response to Mayor Stueck, the applicant said this property is not in city limits. Mayor Stueck said he agrees with Commissioner Frost but is concerned the City is trying to impose a zoning condition on an R-S property. Responding to the Mayor, Planning Director Epple said the restriction on storage sheds for tractors and farm machinery is not applicable in the AS--Agricultural Suburban district, nor would it be applicable in the R-S district if someone is engaged in an agricultural operation. He said the overall character of the neighborhood and the fact that accessory buildings are supposed to be subordinate and incidental to the principal structure raises questions in the planning office about the intent of the R-S district. . Mayor Stueck noted that. with the size of the proposed structure. this property couid be sold to someone who will want to open a business. He said he sees no hardship other than economics, which may not be considered according to a Supreme Court decision. In response to Mayor Stueck, the applicant said the shed was built about fifteen years ago, and that it was not a stationary unit. In response to Commissioner Frost, the Assistant Planner said the condition of the shed being either relocated, a variance and building permit sought, or the building removed altogether would be addressed prior to a building permit being issued for the accessory structure. Planning Director Epple added that, as part of that condition, the McKays must demonstrate that the shed did comply with code at the time of construction. He said the . planning department was under the impression it was a much more recent addition, and that if the structure was not in compliance with the code in force at the time it was built, it should be brought into compliance either through relocation, removal or a variance request. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the variance from Section 18.50.050.C. of the Bozeman Municipal Code, 05-19-97 ..-.---- - 20 - requested by Richard McKay, to allow a new garage to exceed the height of an existing home on Lot 8, Beatty's Subdivision be approved, and direct staff to determine whether the existing shed was a permitted use, otherwise it must have a permit, be moved or brought into compliance. 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. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission deny the variance from Section 18.50.050 of the Bozeman Municipal Code, requested by Richard McKay under Application No. C-9706, to allow a new garage to exceed the 720-square-foot maximum allowed on Lot 8, Beatty's Subdivision, be denied. 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. Mayor Stueck addressed the applicant by saying he would be supportive of something less than 2,000 square feet to accommodate the need for vehicles to be moved off their yard . and out of their neighbors' sight, but that this amount of square footage is excessive. He recommended that they return to the planning department and try to match structures already in the neighborhood. Continued Dublie hearina - Master Plan Amendment - amend the 1990 Bozeman Area Master Plan Uodate to include the Critical Lands Element (P-9654) This was the time and place set for the continued public hearing on the Master Plan Amendment to amend the 1990 Bozeman Area Master Plan Update to include the Critical Lands Element. Acting City Manager Ron Brey stated the matter was heard by the County Commission last Tuesday, when they declined to endorse the proposed amendment as part of . the 1990 Bozeman Area Master Plan Update. He said that. since the City Commission cannot act unilaterally, but that the Master Plan Amendment must be approved by both entities, the Master Plan Amendment will not go forward with the Critical lands Element included. Mayor Stueck opened the continued public hearing. Assistant Planner Jody Olsen gave a brief update of the project, noting that the 05-19-97 - 21 - Bozeman City Commission and the Gallatin County Commission directed the City-County Planning Board to define and describe the following features: wetlands, aquatic habitat, stream corridors, wildlife habitat, groundwater, watershed, open spaces, potential greenbelt, ridgelines and foothills, and agricultural land. The planner noted that, in the fall of 1994, the Bozeman City-County Planning Board prepared a Scope of Work for a Critical Lands Strategic Plan. It . also established a Critical Lands Subcommittee to work closely with the City-County Planning staff in preparing a draft Critical Lands Strategic Plan and the subcommittee served as the executive "steering committee". The planner said that, in addition, a technical committee was created to aid in inventorying and mapping the critical lands. The Assistant Planner said the Critical Lands Element is intended to fulfill or address many of the Objectives and Implementation Policies outlined in Section IV "Goals, Objectives, and Implementation Policies" of the 1990 Bozeman Area Master Plan Update, and read the goals listed in her staff report. She noted that the planning board held a public forum for the Critical Lands Element on April 1, and the formal public hearing on April 15. She said that, based on input received at those two hearings, Chapter 12, "Next Steps", was redrafted and . additional information regarding natural versus artificial wetlands was included in the document. The planner said that on May 6 the planning board voted 7-1 to recommend approval of this master plan amendment to the City and County Commissions. She said the planning board resolution contained language specifying that the Critical Lands Element was not to be used for regulatory purposes. The planner concluded by noting that the Gallatin County Commission held a public hearing on the Master Plan Amendment on May 6, and on a 2-0 vote decided to endorse the document as a resource but not to include it as a Master Plan Amendment. Jeff Downhour, 418 South Bozeman, said he is on the Board of Directors for SOS of Bozeman, which is often looked at as anti-development. He said he is also an architect and that his job and his livelihood depend on development. Mr. Downhour said he has been here since the early 1980's and intends to stay; however, the last three or four years have made . him feel insecure about being able to do that. He said, while the current boom helps some people for a short time, in the long term a continued, unplanned growth will serve as a negative for Bozeman in terms of life and economic status. Mr. Downhour said we have our lives well-planned, and yet we refuse to plan our community, which seems foolhardy. He said many of the qualities that make Bozeman unique 05.19-97 .. - __. n__ .u .___n ._.___ _. _. .. _..___._ _.no. ._.__ ___._____ .._ __ _._.... _....._no - 22 - are pointed out in the Critical lands study, noting that these are the things that bring people here and keep them here. Mr. Downhour challenged two myths he says are spoken of a lot. The first is that development guidelines restrict development, causing loss of jobs and economic opportunity; the second is that regulation constitutes the infringement of private property rights. Mr. . Downhour noted the millions of dollars spent every year on infrastructure, all of which raises the value of land in the community. He said the Question is more one of private property responsibility rather than private property rights. Mr. Downhour commented on the first myth, saying that while the City found the cost of development fees for a city lot are around $7,000, impact fees are considerably less, and the taxpayer makes up the difference. He said the Critical lands study simply asks for what is due from property owners. Mr. Downhour said the city continues to grow, but has fewer people, and at the same time we are not preserving the space that is good, noting it is time to take a serious look at this. In reference to the second myth, Mr. Downhour said development is caused by . demand, and regulation neither stops nor encourages it; it simply alters the direction of it. He said it is his feeling the current system of boom and bust is a manic system, and makes for an unstable, unhealthy community. Mr. Downhour said some of the most prosperous areas in the country are the most regulated, and vice versa. Mr. Downhour stressed the City needs to ensure an improved Quality of community life in Bozeman, respecting the property rights of everyone, not just those of the developer. He Queried whether 99% of Bozeman's residents should support the development ventures of the other one percent, commenting that the Critical lands study is a critical part of development. He again stressed that this is not development versus conservation, liberals versus conservatives, it is simply short-term political and economic gain versus long-term health and sustainability of the community. . Mr. Downhour noted the City Commission's vote really does not mean a lot after the County Commission's vote, but he asked that each Commissioner's position be made known. lowell Springer, 117 Hoffman Drive, said he is also an architect in the community, and his is a contrasting view to Mr. Downhour's, although the latter's thoughts have a lot of merit. Mr. Springer said the rights of property owners is very important. He further said the 05-19-97 - -- - 23 - Critical Lands Element is a great tool that can become a better one and praised the work that has gone into the document. Mr. Springer said his biggest problem with the document is that it still does not identify clearly enough the difference between those lands which are artificial wetlands and those areas that are sometimes called hydric soils. Mr. Springer said the document can also be more accurate, noting that some of the . information is quite outdated. He stressed his support of the document's use as a tool, but not as part of the master plan, and said he would like to see the Commission direct planning staff to continue to make this a better, more accurate tool. Mr. Springer said ranchers and farmers have some legitimate concerns, noting that once water is shut off from the canals, which they have a right to do, the land returns to desert. Steve White, Gooch Hill Road, said he was born in Bozeman and that his family has been here since 1864. He said he has a cow-calf operation, and asks the Commission to support and endorse the County Commission's action. Mr. White said he testified at the hearing before the planning board, and that he sees it as an issue of property rights. He said he has worked hard to keep his land intact and debt-free, and it is no secret there is a lot . frustration that he, living three miles outside city limits, must come before the Commission to ask them to turn down the Master Plan Amendment. Mr. White said he served as a geohydrologist for the Department of Natural Resources in Helena for five years, prior to starting the computer software business that he now runs on the ranch. He noted 80% to 90% of the people affected by this plan live in the county, and he finds it frustrating that people in the city say they need this plan, while people such as he are trying to keep that land open. He said the scenery that people enjoy are at the county's expense, since it is often said of farmers that their's is the only industry where one buys retail and sells wholesale. Mr. White echoed the sentiment that land value is simply the result of supply and demand. He said the Gallatin Valley offers more to people moving into Montana than . downtown Bozeman. He said the taxes he has to pay to keep his ranch afloat are tough. He understands the wetlands objective and, while he understands about artificial wetlands, he does not believe the planning board does. Mr. White said the International Wetlands Association defines wetlands as rice paddies, and said having an area designated as an artificial wetland invites ridiculous government regulation and future inability to use that land. Mr. White said 05-19-97 - 24- it is his feeling the designation of artificial wetlands is a very significant way of capturing property rights, as is the case with forestry regulation. Mr. White said a major concern to him is the fact that he knows of very few situations where there are regulations that did not start as guidelines, and that the latter ultimately end up as the former. He concluded by stressing his concern that, to add artificial . wetlands to the master plan would be a big mistake. He asked the Commission to support what the County Commissioners did and turn down the Critical lands Element. Joe Gutkoski, 304 North 18th Avenue, President of the Wildlife Association, urged the Commission to accept the Critical lands Element and adopt it into the Master Plan Amendment to preserve green corridors throughout our city, instead of the "solid concrete and rooftop watershed" that we are now creating. Mr. Gutkoski said it is his feeling that this will prevent land speculator "predators" from selling property to new Bozeman arrivals at highly inflated prices, in flood prone areas, mosquito swamps, and the elk winter range. Mr. Gutkoski recommended that the Critical Lands study not be made strictly advisory, stating this type of planning is worthless. He addressed the "myth" that this plan takes private property rights, . saying developers want us to pay for their personal expectations, having done nothing to increase the value of the land. Mr. Gutkoski characterized newcomers to Bozeman as refugees from other places looking for some security in this area. He said the leap-frog method of growth is very expensive to pay for in terms of community services, and will cost more in the long run than we could imagine. Jeff Krogstad, 323 North 21 st Avenue, said he is a sixth generation Gallatin Valley resident and that it is hard to see good farmland carved up for new homes. He noted it has been said that regulation is prosperous, while non-regulation is depression, but said it is his finding that regulation drives up prices in every area. He cited businessmen he knows who have had to repeatedly come before the Commission, and have had the cost of a building driven much higher by regulatory fees. Mr. Krogstad commented that the population in Belgrade has . increased twenty-five percent in the last three years, as people move from Bozeman to Belgrade. Mr. Krogstad cited the sign code as an earlier short-term vision of what Bozeman should look like. He emphasized that Bozeman is a unique community and that the Critical lands Element gives the city a long-term option. Mr. Krogstad cautioned, however, that 05-19-97 -------- --.--- .. o..._u - 25 - planners must be careful because property rights are at stake, and those rights are important. He feels the City is on the rights track with the study, and recommended that more work be done, and time taken to evaluate, the study. Valerie Harms, who lives on Beaverhead, said she supports the adoption of the Critical Lands study as part of the Master Plan. She said she is vice-president of the local Audubon . chapter, and that she agrees with Mr. Gutkoski that the study itself is very comprehensive, but that unless it is adopted, it will be worthless. Ms. Harms said she would hate to see Bozeman look like Billings in ten years, with an endless stream of walls, and that the city must learn from the mistakes of other cities. She said it is her feeling that the element of community is often overlooked and that if a critical land is developed in the least intrusive way, the city will be on the right path. Denny Klewin, 3251 Wagon Wheel Road, said he lives in the county by 200 feet or so, and that his background is farming and ranching. He said he understands very well the issues of public and private interest groups, and asks both City and County Commissions to give everyone an incentive, in a representative way, to work together. He said it is very . obvious from this meeting that there are many truths, and that all views should be researched. Mr. Klewin said his hope is that the Commissions will come up with a way to expedite action on these valid growing concerns, and to offer some possible solutions. Bill Mitchell, 122 South Church Avenue, said he is a member of the planning board. He said there is a lot of government work in this study, which he feels was necessary because of the technology needed to put the maps together. Mr. Mitchell said, however, that the most vital part of the whole study was public involvement. He said he believes that, if the study is brought back to the board, or to a committee, they can come up with something we can live with. Mr. Mitchell said the State, with a council made up of Montana citizens, is also working to come up with a solution. He said no one wants to see this study shelved but it needs to be balanced. . Sandi Nichols, Executive Officer for the Southwest Montana Building Industry Association, complimented Planner Olsen, Planning Director Epple, and their staff on the work they have done on the document. She said it is an extensive work that will prove valuable to the community, including builders and developers. Ms. Nichols said the building industry is anxious to see how the study will be applied, noting the industry supports the goals of the 05-19-97 - 26 - Critical Lands Element survey, planning, and economic incentive. She stressed her industry is opposed to sprawl; however, she said it her association's request that the document be used as a guideline, as least initially, and not incorporated into the master plan. Brian Leland, 528 North Bozeman Avenue, said he supports incorporating the Critical Lands Element study into the 1990 Bozeman Area Master Plan. He suggested that it could . perhaps be included as an appendix, which can then be modified as necessary. Mr. Leland referred to comments made at the county hearing, one of which was that the document was not yet "cooked". He stressed that this is a reference document which will never be "done" because land use in the valley changes all the time. He said it is technological knowledge, and scientific data that must constantly be amended and added to. Mr. Leland said it is his opinion that the study, being a technical document, should be adjusted only on a technical basis, and that farmers' or developers' opinions should not be a consideration in adoption of the study. In reference to the study possibly reducing the value of land used as collateral for a loan, he said the document is designed to keep this from happening. He said a banker/financier should go to this document to check potential liabilities, . and that those who have bought swampland that is now listed as a wetland should have done their homework. He quoted a friend who said this document should be incorporated into the Master Plan because it would reduce ambiguity. Mr. Leland said he does not see that this plan will stop anyone doing what they want with their land, citing North 19th Avenue land owners who had the open space requirement reduced and quoting the words of a city planning staff member who said, "they got everything they wanted". Mr. Leland said he had driven down Manley Road to see a new subdivision that is going in next to the East Gallatin River. He noted the river is trying to punch a new channel right through the middle of this subdivision and that it has effectively cut off twenty percent of the subdivision, making it an island. He wondered what would have happened to the homes if this subdivision were already built up. Mr. Leland said the only reason anyone would get . involved in such a project is if they had good backing, and in this case they are backed up by Federal subsidized flood insurance. He said a $300 premium a year for a $100,000 return is a give-away, and that it is the taxpayer who will have to step in and make up the difference. He stressed this is the type of thing the Critical Lands Element study addresses. Mr. Leland emphasized that everyone talks about property rights but we must talk about property 05~ 19-97 . ---..- - 27 - responsibility. He said he hears contractors comment that people are using California building techniques to build in Montana, where they should be building for the harsh prevailing conditions, such as moisture moving up through the structures. causing water damage. Mr. Leland concluded by re-emphasizing his support for incorporating the Critical Lands study into the master plan as an appendix. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. In response to Commissioner Youngman, the Planning Director said it is possible to incorporate the study into the master plan as an appendix. Responding to Commissioner Youngman's concern about the study creating a hardship for land owners, Assistant Planner Olsen said the Critical Lands Element study might make it easier to locate wetlands, noting that both wetlands and artificial wetlands are both already regulated and that will not change. Further in response to the Commissioner. the planner said the property owner has a right to have his own study of his land done and, if it contrasts with the findings of the study, . he may take issue with the city. She said if the study is used as a tool to identify areas that might have critical lands. those are things the planners will want to look at more closely in a subdivision review and a site plan review. Responding to Commissioner Rudberg, the Planner said the planning board endorsed the study based on a revised Chapter 12, which is in the present document. Further in response to the Commissioner. Assistant Planner Olsen said the subject of pursuing transfer of development rights was dropped from Chapter 12, mostly in response to public feedback at the hearings. She said there was a lot of fear of new regulations so the board decided to shift the emphasis a little, but each chapter lists options that can be used for each critical land type. and all options are still in the document. She said Chapter 12 is more a realistic assessment of where we will be going. . Mayor Stueck noted that after discussion with the Planning Director, he understands this document will be physically used on an on-going basis, that it will be in the planning office, and that maps will be up on the walls. He said everything, including Federal and State regulations, is documented in this study and it will give everyone a heads-up as to what needs to be applied for. 05-19.97 -. ------.----- - 28 - Planning Director Andy Epple concurred that the Bozeman City-County Planning Board made it really clear that they intend to use the document. He referred to the wildlife matrix prepared with city and county planning assistance, noting it gives information on some dozen types of habitat, and that the board is, in fact, already using it. Commissioner Rudberg noted how much easier it will be to work on new projects with . this document in place. In response to the Commissioner, the Planning Director said his staff will take a developer through the steps of what he needs to do. He went on to commend the Assistant Planner on her work with the document, noting no one had anything critical to say about it. He urged that everyone get behind this document, to put it in use and see how it works out. Commissioner Youngman recommended the Critical Lands Element be put in the master plan. She referenced the first master plan, noting that that was to be a continuing plan that identified both the plan and the goals. The Commissioner noted the current plan incorporates some of the previous master plan and that the Critical Lands Element was intended to be a follow-up step. She said it is an appropriate and central part of a master plan to identify . special resources and hazards in the community. Commissioner Youngman said it is her opinion that this document is really the friend of farmers because it offers them some tools for helping them farm their land. The Commissioner said the document may help development to be more in harmony with the land. She concluded by saying she feels more follow-up is needed and that conditions need to be worked out so that the city and county can both adopt the study. Commissioner Stiff noted that the agricultural community is "absent from the hearing in hordes". The Commissioner said these people know all about critical lands, have been sustaining them, and steadily show their stewardship. He noted that overriding the agricultural community would not be in the best interest of anyone. The Commissioner said he hears no criticism of the document from anyone and that he has read every word of it, noting that . anyone who wants to develop land should be charged $20 and given a copy of it. He said the city has been given a message, noting that every County Commissioner voted one way, and he plans to support their decision. Commissioner Stiff said he is against trying to solve at the local level the problems created by the federal government, saying we should take care of our own interests. 05-19-97 - 29 - Commissioner Frost said there are some areas that all sides agree on, expressing concern that if the City does not reach agreement with the county, they may adopt it differently to us. The Commissioner said two city and two county commissioners reached a compromise on the master plan, and that there is a possibility here, too. He stressed that we must get away from some of the rhetoric. Commissioner Frost said there are two opinions to . this document, one by agriculture, and one by the building community. He does not believe it is fair to stop something that he believes is in the best interests of good development. The Commissioner characterized this study as no different to traffic laws, which are basically good common sense and courtesy. Since not everyone drives this way without regulation, he said, we have traffic laws. Commissioner Frost said we must start looking at what is good for the building community, and the farming/ranching community. He repeated the necessity of getting on with what he sees as an asset to the master plan, noting that everyone does not have to give up 100% of their land for open space. He stressed we need to let the county know this is important, and we need to meet with the county to reach a compromise that both can live . with: something that is good for the farmers, and for the city. The Commissioner said we need to move forward in a positive and innovative way. He said he strongly supports sending a message that this should be part of the master plan, and he would like to meet with the county. Mayor Stueck thanked the Assistant Planner for her work, and continued by saying we need to endorse the study and move on. He said that, in speaking with the Planning Director, there are areas that have not been discussed but that the planner does not have the time or resources to do the research. The Mayor said he had attended the County Commission public hearing and noted one question asked if there is a possibility of identifying high water levels on existing agricultural land . The Mayor noted that if we have a document that identifies the specific problem, then brokers or financial institutions can use it to indicate values. . Mayor Stueck said he does not see the need to put the study in the master plan since it will be used as a tool. He noted this was the original intent in 1994, and said it seemed to him the Commissioners were all saying the same thing. He said a sound method is needed for regulation of good open space so everyone knows that will happen when they want to develop. Planning Director Epple reiterated that this document is already in use by both the City 05-19-97 - 30 - and the County for conservation of open spaces, that it is more or less a compendium of existing conditions, and that it lays the groundwork for a subcommittee. Responding to Mayor Stueck, he said his office planned to update the document annually. Commissioner Rudberg said she would like to see the study used for about six months, sent once again to the City-County Planning Board, and reviewed to determine how . it has worked for the developers. Planning Director Epple said his office will work out a method whereby documentation is kept on the number of times the study is referred to, without adding too much paperwork. Commissioner Frost said that in the 1990 study update, one concern was how to save ranching and farming for the Gallatin Valley, noting that conditions are getting worse. He said that in Oregon, there is a plan where agriculture is protected and is economically viable because of that protection. The Commissioner asked what we can do to assist the farmers and ranchers in keeping their property agricultural. In response, the Planning Director noted that clustering of developments is included in the 1990 master plan. The planner noted that several have taken advantage of this, clustering housing rather than selling 20-acre tracts, and they . still have room for ranching. He said they do have a program allowing the transfer of development rights within the property. Planning Director Epple said they are revising the economic impact of cluster developments, noting that conservation easements are very important. He feels one thing that needs to be done is for the community to not rely on a technical resource document, but to ask what tools are available for protection. He said the community has an ideal master plan to work under. Mayor Stueck said it is important that the agricultural community be brought into the process from the very beginning, noting this is hard right now because planting is in full swing. Mayor Stueck agreed the Commission should meet with the County Commission but said it will take a long time to come to a consensus. . Commissioner Youngman said we need to know why the County Commission voted the way they did. She suggested the City and County discuss this at an appropriate point. The Acting City Manager said the County initiated the parks district as a maintenance district and that we need to look further into SIDs and RIDs for maintaining parks. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that 05-19-97 - 31 - the Commission endorse the Critical lands Element study as a reference guide and a resource tool, to be used by the planning office, the City-County Planning Board, and the City Commission; that it be made easily available; and that the City Commission meet with the County Commission to further discuss the development of the document as a more useful tool. 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. Adiournment - 9:43 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. 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. . (~t!/5~ DON E. STUECK, Mayor ATTEST: 6c1/Law ~.IY~C1/L GilLIAN Z. ERLANDSON Acting Clerk of the Commission . 05-19-97 ----.....---.....-.