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HomeMy WebLinkAbout1997-05-05 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 5, 1997 ***************************** The Commission of the City of Bozeman met in regular session in the Commission e Room, Municipal Building, May 5, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff (arrived at 3: 15 p.m.), Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes-April 7. 14, 16,21 and 28.1997 It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the ~ minutes of the meetings of April 7 be approved as amended, and the minutes of the meetings ._ of April 14, April 16, April 21 and April 28, 1997, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Reauests for City to pav impact fees for affordable housina proiects: (A) Bozeman Interfaith Housing II for proiect alona south side of 3000 block of West Babcock Street; and (B) Habitat for Humanitv for house in 100 block of North 24th Avenue Acting City Manager Brey noted that, included in the Commissioners' packets, was a memo from Clerk of the Commission Sullivan, dated May 1, forwarding information on the estimated impact fees and building permit fees for these two projects. He further noted that, distributed just prior to the meeting, was a memo from Caren Couch, Project Manager for ~ HRDC, to Commissioner Youngman regarding the Bozeman Interfaith Housing II project. Commissioner Youngman stated that the memo from Ms. Couch helps to clarify the Community Affordable Housing Advisory Board's position. She then stated that, while the Board is supportive of having the impact fees paid for these projects, the members feel the 05-05-97 - 2 - direction from the Commission is that the monies should be loaned rather than granted, so that they maintain a pool of monies with which to operate. Commissioner Youngman noted that the total difference between the estimated impact fees and the building permit fees for the two projects is $7,163.61. She suggested that, rather than taking the entire amount from the housing fund monies, other alternatives . might be to take the monies from the General Fund reserves or the City Commission's budget. She also noted that, by taking one-third of the costs from each of those three sources, the impacts on any single source would be minimal. Commissioner Youngman stated that if the City decides to essentially pay the impact fees, it is important that criteria be established. She suggested that those criteria could include the requirement that the housing units be targeted toward the very low and possibly low income families. She noted that a severe need remains for very low income housing in the community, and both of these projects address that category. She stated that, while the housing market has softened in other parts of the range, the very low and low income portions have not. . Commissioner Rudberg stated that, when she read the minutes from the Community Affordable Housing Advisory Board, it was her impression the Board didn't want the housing fund monies used for this purpose. She further noted that those funds currently carry a balance of between $30,000 and $40,000, and the intent is to rehabilitate low income housing. Commissioner Rudberg noted that when the Commission implemented impact fees, it recognized the problems that might create on affordable housing units. She then stated she does not believe the City has the monies to pay the impact fees for these organizations. She forwarded her concern about the precedent which waiving of the building permit and plan review fees might establish, and said she cannot support the City paying the impact fees as well. She then emphasized the need to develop adequate guidelines before considering future . requests of this type, to ensure that those approved will result in affordable housing units for many years. Commissioner Stiff arrived at 3: 15 p.m. Commissioner Frost stated that if the Commission decides to pay impact fees, it must have an established policy by which to do so. He suggested that the policy should include the 05-05-97 - .. ----.--.---- __ ________u__ _ _ - 3 - requirement that the housing units be targeted toward those with 50 percent of median income or lower, and these requests meet that requirement. He also suggested the policy should include the requirement that the affordability of the units be guaranteed for at least a certain number of years. He noted that approval of these requests without an established policy is difficult, although he would be willing to do so because he feels the City has sufficient monies . at this time. Commissioner Rudberg noted that, over the past two years, the City has appropriated $200,000 in taxpayers' money to address the issue of affordable housing and has devoted one employee's time to writing and coordinating grants, with many of those grants targeted toward affordable housing. Mayor Stueck stated that the minutes from the Community Affordable Housing Advisory Board seem to reflect that the Board members feel the monies should be loaned rather than granted, to ensure a continued source of revenues. Ms. Caren Couch, staff member to the Board, stated that the Board feels it has received direction from the Commission that the monies should be loaned, not granted. The . Board members characterized these applications as requests for grants from the housing funds and, on that basis, determined that the requests were not within their scope to address. Mayor Stueck stated that if the Board feels it would be appropriate to use the housing fund monies to pay the impact fees, then he could support it. Commissioner Stiff stated he cannot support these requests for the City to pay the impact fees. He feels that waiving of the building permit and plan review fees was appropriate, and will assist these projects. Commissioner Youngman stated the minutes from approximately a year ago reflect that the Commission decided to address requests for assistance from the housing fund on a case-by-case basis rather than establishing a policy, particularly the waiving or paying of impact fees. She then reminded the Commission that she has identified three possible sources from . which the difference between impact fees and building permit fees, which total slightly over $7,000 for these two projects, could be paid. Commissioner Stiff stated he must be consistent in how he addresses requests for City assistance and, since he cannot support requests for funding from other entities, he cannot support these requests. 05-05-97 -....--.-..-.--- --....-.---.-.- - 4 - Responding to Commissioner Frost, City Attorney Luwe stated that the Commission could use the criteria upon which the Commission takes action on these requests as the basis for a written policy if they so choose. Commissioner Frost reiterated his preference would be to base his decision on a written policy. He noted that, in the absence of that, he would be willing to make a decision . at this time, with the criteria for this decision being the basis for a written policy against which future proposals would be evaluated. He further reiterated his support for the City paying the difference between the impact fees and building permit fees for these projects because of the benefit to the community. Mayor Stueck stated he would support paying the difference between the impact fees and the building permit fees from the housing fund, if the Community Affordable Housing Advisory Board determines that is appropriate. He stated it was never his intent to tell the Board that those monies could only be loaned and not granted, noting it is important for an advisory board to maintain its ability to forward recommendations to the Commission for consideration. He then stated he is not willing to fund these requests from the City . Commission's budget or General Fund reserves. It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the Commission deny the requests for the City to pay impact fees for affordable housing projects, as requested by Bozeman Interfaith Housing II for their project along the south side of the 3000 block of West Babcock Street, and the Habitat for Humanity for their new house in the 100 block of North 24th Avenue. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner Rudberg; those voting No being Commissioner Youngman, Commissioner Frost and Mayor Stueck. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission refer these requests back to the Community Affordable Housing Advisory Board for their review and recommendation back to the Commission. The motion carried by . the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Rudberg and Commissioner Stiff. 05-05-97 ... -.--...- - 5 - Conditional Use Permit to allow conversion of existina single-familv residence to outDatient veterinary clinic - Dr. Sid Gustafson for 918 South Church Avenue (Z-9717) This was the time and place set for review of the Conditional Use Permit, as requested by Dr. Sid Gustafson, under Application No. Z-9717, to allow the conversion of an existing single-family residence on a 1. 16-acre parcel located in the Northwest one-quarter of . Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, to an outpatient veterinary clinic. The subject property is more commonly known as 918 South Church Avenue. Assistant Planner Jody Olsen presented the staff report. She stated that, while the subject property is located within city limits, it is zoned "R-S", Residential--Suburban Country Estates, and veterinary clinics are a conditional use in this zone. She stated that only outpatient service is proposed on this site, with no boarding of animals to occur in conjunction with the practice. This property is served by a septic system and, because of concerns raised, conditions have been recommended to ensure the system is adequate and meets applicable standards. The Assistant Planner stated that the Development Review Committee reviewed this application in light of the six criteria established in the zone code, and their comprehensive . findings are contained in the written staff report, which was previously distributed to the Commission. She stated that the City-County Planning Board conducted the public hearing on this application at its April 15 meeting. After the public hearing and review of the criteria and staff findings, the Board concurred in staff's recommendation for approval, subject to eight conditions. Responding to City Attorney Luwe, Assistant Planner Olsen stated that, while no boarding of animals is to be allowed, staff recognizes it may be necessary to keep a large sick animal overnight, and that animal may be housed outside. City Attorney Luwe proposed language changes to Condition No. 1 to avoid the potential for conflict with Condition No.4. . Responding to Commissioner Frost, the Assistant Planner stated that the Planning Board discussed, at length, the proposals forwarded in the letter from Charles Paden and Janice Bullock to require that only one veterinarian be allowed to practice at this site and that a condition be added to address signage. She noted that if this use is to be expanded, it must go back through the conditional use process again. She further noted that code requirements 05-05-97 -.,.-..-- - 6 - adequately address the signage, since a building permit must be obtained before the sign may be installed. Commissioner Rudberg stated she feels it is inappropriate to require bike racks at this type of facility. She recognized that they are required under the zone code, but she feels that requirement should be carefully reviewed and possibly amended to provide some flexibility for . certain types of businesses. Commissioner Frost concurred that there are probably places where bike racks are not needed. He then noted that some styles of bike racks are better than others since they take up significantly less space. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Permit, as requested by Dr. Sid Gustafson, under Application No. Z-9717, to allow the conversion of an existing single-family residence on a 1.16-acre parcel located in the Northwest one-quarter of Section 18, Township 2 South, Range 6 East, Montana Principal Meridian, to an outpatient veterinary clinic, subject to the following conditions: . 1. No outside boarding of animals shall occur except in emergency situations; and any animal that must stay overnight on the property shall be housed inside the clinic. Any large animals that must be housed outside overnight shall be attended at all times. 2. The final site plan shall show the locations of all utility lines, the well, the septic tank and the drainfield. 3. Forty-five (45) feet of right-of-way for South Church Avenue shall be dedicated to the City of Bozeman. 4. Any outside area intended as a holding area for animals shall be shown on the final site plan. 5. The applicant shall sign waivers of right to protest SIDs for improvements to South Church, and for City of Bozeman water and sewer system improvements. 6. Any future development of this site, which increases the required fireflow, may require additional fire protection safeguards (I.E., fire sprinkler system, fire hydrants, etc.). . 7. A letter from the Gallatin County Health Department, indicating that the existing septic system on the subject site is adequate to serve the proposed use, shall be submitted with the final site plan. 8. It is recommended that the existing mature trees are saved with any future improvements to Church Avenue, and that the applicant install a circular, one-way drive for public safety reasons. 05-05-97 _u__ ..____ _____ --------- - 7 - 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. Reauest for City to become a SDonsor for the Gallatin Watershed Sourcebook: A Resident's . Guide - The Gallatin Watershed PartnershiD Commissioner Rudberg stated that, while she is not willing to provide any monetary contribution, she is willing to accept Commissioner Youngman's offer to provide in~kind editing services on behalf of the City. Mayor Stueck stated that he has approached Color World about the possibility of an in-kind contribution toward printing of the book, and Mr. Burgard appears to be willing to consider the request. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission deny the request from the Gallatin Watershed Partnership that the City become a sponsor for the Gallatin Watershed Sourcebook: A Resident's Guide, with the exception of Commissioner Youngman's in+kind contribution of editing services. 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. Reauest for direction to staff re uDdate of community needs assessment Included in the Commissioners' packets was a memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated May 1, seeking direction on how to proceed with procurement of services for updating of the community needs assessment. Acting City Manager Brey noted that, based on City Attorney Luwe's advice, it appears the City could negotiate a contract with an individual or firm rather than going through the request for proposals process if the Commission so chose, with the Commission reviewing . and approving the contract. He indicated the estimated cost of this update is $8,000 to $9,000. Mayor Stueck stated he feels it would be appropriate to authorize staff to negotiate with a firm. He then noted that sources of funding for this update have been identified as follows: one-third of the cost from the CDBG Economic Development Revolving Loan Fund; 05-05-97 -------- - 8 - one-third to be funded by the Human Resource Development Council; and one-third to be funded by the Southwest Montana Building Industry Association, as long as they are provided with a copy of the needs assessment for their use. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize staff to negotiate with an individual or firm for updating the community . needs assessment, and direct staff to bring back the contract for Commission review and approval. 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. Ordinance No. 1442 - revising Chapter 18.65 to provide for revision and simplification of the sian code Included in the Commissioners' packets was a copy of Ordinance No. 1442, as approved by the City Attorney, 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 CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING CHAPTER 18.65 OF SAID CODE; PROVIDING FOR THE REVISION AND SIMPLIFICATION OF THE SIGN CODE. Acting City Manager Brey reminded the Commission that the public hearings have been held on this zone code amendment, and staff was directed to bring back an ordinance implementing the amendment. Commissioner Frost stated he feels that Section 18.65.190 creates an unlevel playing field for signage and, therefore, cannot support adoption of the ordinance. Commissioner Youngman stated her concurrence with Commissioner Frost's position, noting she will also vote against adoption of the ordinance. Mayor Stueck noted that there have been several comments made about . grandfathering of existing signs in conjunction with this ordinance. He stressed that this ordinance does not contain any grandfathering clauses; rather, all signs will eventually be required to comply with the provisions of the ordinance. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1442, revising Chapter 18.65 to provide for 05-05~97 . .---..----- -..---- - 9 - revision and simplification of the sign code, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. to . Presentation from MSU Architecture students - proposals for theoretical development alona North 19th Avenue corridor Mr. Paul Gleye, Architecture Professor at MSU, introduced the item, stating that six groups from his fourth and fifth year architecture students will present their plans for developing selected segments of the North 19th Avenue corridor, between Durston Road and the 1-90 interchange. He indicated that these plans are based on the new master plan amendment for this corridor; however, he stressed that none of the property owners have been contacted about development of their properties. He stated the purpose of this assignment is to advance discussion and dialog regarding development along North 19th Avenue, addressing it in terms of the new urbanism. He stated that under this concept, the intent is to design a sense of community, creating small communities with shopping areas, offices, work areas, . different types of housing, parks and civic facilities. He further noted that the traditional street grid, with alleys, has been found to work better than the curved streets and cul-de-sacs in helping to create this concept. He indicated that the new urbanism emphasizes a sense of center and strong edges to define the community. He stated that a high value is placed on preservation of the environment, including natural water courses and other areas of environmental importance. He indicated that these teams of students have been asked to develop their plans with these issues in mind. Mr. Gleye stated that the idea of new urbanism is to reserve the streets for movement of vehicles and pedestrians, with front porches oriented toward the street. Access to the garages is typically from the alleys, which encourages all storage in the rear of the lot and . minimizes the traffic on the streets. Each of the six teams presented their plans, which included the segment just north of Durston Road, the segment between Oak Street and Baxter Lane, and the segment at the 1-90 interchange. Each of the plans included a commercial area along the North 19th Avenue corridor, generally with limited access from North 19th Avenue. The plans also included multi- 05-05-97 ..__.._n..... _.,,,.,,... - 1 0 - family housing, single-family dwelling units, and often living units above the commercial properties. Many of the plans for the commercial areas included breaking up the lines of larger structures, so they blend with the residential areas around them. Several of the teams recognized that, given current national trends, more and more people are working out of their homes rather than out of commercial offices, and that trend has been encouraged in their plans. . They further recognized the importance of creating areas within the community where residents may gather, as well as providing attractive pedestrian and bicycle facilities. They stressed the importance of creating a 24-hour community, noting that this can lead to a better atmosphere because it is constantly peopled, which often results in a decrease in unlawful activity. Mr. Paul Gleye concluded the presentation. He noted that, in conjunction with MSU graduation on Saturday, the students will have an open house, with a display of the students' work. He encouraged the Commissioners to attend the open house, noting they will have an opportunity to discuss the plans in greater detail with the students. Mayor Stueck noted that, in architecture, personal views result in diversity of the plans developed. He encouraged the students to not lose that sense of diversity, noting that . it results in a variety of buildings rather than having everything look essentially the same. Commissioner Rudberg thanked the students for their presentation. Commissioner Frost noted that encouraging pedestrian and bicycle travel, rather than relying on cars, makes a much better living space. He also forwarded his support for having commercial and industrial areas close to homes, which allows people to walk to work. Commissioner Youngman recognized the benefits of this type of development, noting the combining of businesses and residential areas is important. Mayor Stueck thanked Mr. Gleye and his students for their presentations. Discussion M FYI Items Acting City Manager Brey presented to the Commission the following "For Your . Information" items. ( 11 Letter from Steve Custer, 511 West Spring Creek Drive, dated April 20, concerning water and sewer infrastructure development. (21 Letter from Roger Koopman, 811 South Tracy Avenue, dated April 30 protesting the curb bulbs on South Willson Avenue. 05-05-97 ~ 11 - (3) Letter from Elmer E. Piippo and friends, dated April 30, urging reconsideration of funding for GalaVan. (4) Copy of a note from Project Engineer Rick Hixson, dated April 9, to Director of Public Service Phill Forbes, giving an estimate of cost to extend improvement of South 19th Avenue to Stucky Road. . (5) Memo from Headwaters Cooperative Recycling Project, dated April 28, announcing upcoming meetings scheduled for 1 :00 p.m. on Wednesday, May 7, at the Gallatin County Courthouse; 10:00 a.m. on Wednesday, May 14, at the Jefferson County Courthouse Annex; and 1 :00 p.m. on Wednesday, May 21, at the Gallatin County Courthouse. (6) Notice of the meeting of the Cemetery Advisory Board scheduled for 2:00 p.m. on May 1, along with minutes from their meeting of March 20. (7) Minutes of the April 16 meeting of the Bozeman Area Bicycle Advisory Board. (8) Agenda for the Gallatin County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 6, in the Gallatin County Courthouse. . (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 6, in the Fire Hall Conference Room. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 6, in the Commission Room. (11 ) The Acting City Manager submitted his weekly report, as follows. (1 ) Attended the City-County cooperative meeting last week, at which items discussed included 9~ 1 ~ 1, the extension of Oak Street and West Babcock Street. He noted that a better, and less expensive, alternative for housing of the new 9-1-1 center was discussed. (2) Stated that, given the fact that the bulk of the testimony heard by the City-County Planning Board on the critical lands study was from County residents, the public hearing before the County Commission is to be held on May 13, and the hearing before the City Commission is to be held . on May 19. (3) Stated that clean~up of broken trees and branches from the recent snow storm has begun. He indicated that staff's priority is trees and branches in the street, then trees and branches in the public right-of-way, and then trees planted on private property which extend over into the public right-of-way. He indicated that any telephone calls where power lines are involved are being referred to Montana Power Company. For all other trees located on private 05-05-97 .... .--. - 12 - property, the property owner will be responsible for clean up of any damage, possibly through contacting one of the private tree trimming companies. (12) Commissioner Frost submitted the following. (1) Attended the Stop Hate rally on Wednesday evening. (2) Rode on the new bus which Karst Stage was trying. He noted that his recent trip to San Francisco once again made him recognize the benefits of a . good pUblic transportation system, and he feels it is important for Bozeman to begin planning such a system. (3) Attended the luncheon on Friday, at which Robert Liberty spoke. He also went to the presentation at the Museum of the Rockies on Friday evening, noting it was very interesting and very progressive. (13) Commissioner Youngman submitted the following. (1) Noted that Missoula has just implemented a free bike program, with volunteers being responsible for maintenance of those bikes. She suggested that the Bozeman Area Bicycle Advisory Board should possibly consider this type of program if it works well in Missoula. (2) Noted that the Commission has discussed budget items on a weekly basis, and will probably continue to do so through July. She encouraged the Commissioners to pursue creative funding solutions for some of the items . which need funding, citing the funding sources for updating the needs assessment as an example. (14) Commissioner Rudberg submitted the following. (1) Stated that, in light of parking problems around the MSU campus, it may be beneficial to encourage the use of bicycles to access the campus. (2) Attended Mr. Robert Liberty's presentation on land use planning on Friday, noting it was well attended. (3) Attended a portion of the GIS meeting. (4) Stated her concurrence with many of the comments in Mr. Custer's letter, noting it is important to work with other governmental entities regarding water issues. (5) Stated she has received memos from the Chamber of Commerce and the University summarizing how recent legislative actions may impact them. (6) Attended the first day stamp ceremonies for the new dinosaur stamp at the Museum of the Rockies. (7) Attended a meeting this morning on . volunteerism this morning. She stated there are thirty coordinators who are gathering information and creating a data base through which organizations and volunteers will be matched. She noted this program could be a real asset to the community. (8) Noted that the finale of the Gallatin Valley Tomorrow program is scheduled for May 13. (9) Asked if the Commissioners will receive a copy of the parks master plan that the Recreation and Parks 05-05-97 ...-.----- ....-...- -. - 13 - Advisory Board has been working on. (10) Stated she has asked Project Planner Christopher Williams to identify areas where flexibility in the zone code might assist staff and advisory boards in their review of applications. She noted that the items which she has identified are bonus points for incorporating vegetation that requires little water in landscaping plans and allowing for exceptions to the requirement for bike racks. . (15) City Attorney Luwe stated that he attended the MMIA board meeting last Friday. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Proclamation - "Municipal Clerks' Week" - Mav 4-10. 1997 Request for permission to conduct Walk for Life '97 - Preanancv Carina Center - Saturday. Mav 31. 9:00 a.m. - beainning and end in a at Boaert Park; approval limited to sidewalks and sidewalk areas Acknowledge receiPt of reauest from Gallatin Vallev Land Trust re Simkins Spur Trail; refer to staff Concur in staff's recommendation for denial of reauest to vacate Juniper . Street from North Rouse Avenue east to North Church Street and North Church Street from East Juniper Street south to the allev bisectina Block 116. Northern Pacific Addition. as requested bv F & M Partnership (adiacent to M & W) Reauest for permission to close South 11th Avenue between West Cleveland Street and West Grant Street during daytime hours to complete street work in coniunction with tunnel proiect on MSU campus. for two-week period during the most intensive construction period Authorize Actina City Manager to sian - Water and Sewer Pipeline and Access Easement and Aareement - 34pfoot-wide strip across four parcels Iving south of West Lincoln Road. adiacent to Lot 5, Reminaton Addition (for University Apartments) Authorize Actina City Manager to sian - Water Pipeline and Access Easement and Aareement - Golf Course Partners. Inc.. and Rex Easton - 30-foot-wide strip extendina southward from Mcllhattan Road across Bridaer Creek Subdivision adiacent to Story Mill Road; continaent upon their execution of appropriate signature . block Authorize Actina City Manaaer to sign - Amendment No.3 to Professional Services Aareement with Thomas. Dean and Hoskins - Highland Boulevard Reconstruction Proiect (from Kaav Boulevard to the north limits of the New Hvalite View Subdivision) 05-05-97 ..- ..--.. -.. -.-- - 14 - Authorize Actina City Manager to sign - Amendment NO.4 to Professional Services Aareement with Gaston Engineerina & Surveying - South 3rd Avenue improvements (from Kagv Boulevard to Wagon Wheel Road South) Authorize Acting City ManaQer to sian - Amendment No.5 to Professional Services Agreement with Gaston Enaineering & Surveying - South 3rd Avenue improvements (from Kagv Boulevard to Wagon Wheel Road South) . Authorize Actina City Manager to sign - Amendment No.1 to Professional Services Aareement with Robert Peccia & Associates, Inc. ~ Oak Street Improvements (North 7th Avenue to North Rouse Avenue) Authorize Actina City Manaaer to sian - Amendment No.1 to Professional Services Aareement with MSE-HKM, Inc. - East Main Streett Highland Boulevard traffic sianal proiect Authorize Acting City Manaaer to sian - Amendment No.2 to Professional Services Aareement with Marvin & Associates ~ North Willson Avenue/West Mendenhall Street traffic sianal proiect Authorize Actina City Manager to sign - Amendment No.2 to Professional Services Aareement with Robert Peccia & Associates, Inc. - North 7th Avenue/West Tamarack Street traffic sianal proiect Proclamation - "Law Enforcement Week" - Mav 12-16,1997 and "Peace Officers' Memorial Dav" - Mav 15, 1997 Appointment of Commissioner Frost and Commissioner Youngman to sub- . committee to review Pledged Securities as of March 31, 1997 Authorize Actina City Manager to sign - Interlocal Agreement between the City of Bozeman and Gallatin County increasina board membership and continuing the Gallatin Citv~Countv Board of Health Authorize Actina City Manager to sign - Sewer and Water Pipeline and Access Easement and Aareement - Bin Chang and Susan Chang - 42-foot-wide strip across Tract A, COS No. 573, in the SWy.., Section 13, T2S, R5E, MPM (for University Apartments) Authorize and direct Planning staff to proceed with Commission-initiated zone code amendment re maximum mountina heiaht for off-street liahting, as reauested in letter from Montana Power Company dated April 23 Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 05-05-97 - 15 - Recess - 5:03 D.m. Mayor Stueck declared a recess at 5:03 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. Proclamation - "Recognition of the Business Professionals of America Club from Bozeman Senior Hiah" Mayor Stueck read the proclamation recognizing those in the Business Professionals of America Club from Bozeman Senior High who recently attended the national conference held in Orlando, Florida. After the Mayor read the proclamation, Commissioner Frost handed copies of the proclamation to those students in attendance, and the Mayor recognized Mrs. Carol Perlinski, the teacher advisor. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission concur in the Mayor's proclamation, recognizing the Business Professionals of America Club from Bozeman Senior High. 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. Proclamation - "Recognition of the DECA Club from Bozeman Hiah School" Mayor Stueck read the proclamation recognizing those in the Distributive Education Clubs of America (DECAl from Bozeman Senior High who recently attended the national conference held in Anaheim, California. After the Mayor read the proclamation, Commissioner Youngman handed copies of the proclamation to those students in attendance, and the Mayor . recognized Mr. Gordon Rognrud, the teacher advisor. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission concur in the Mayor's proclamation, recognizing the DECA Club from Bozeman Senior High. The motion carried by the following Aye and No vote: those voting Aye being 05-05-97 ~ 16 - Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Proclamation - "Recognition of the Sacaiawea Middle School and Bozeman High School Odyssey of the Mind Teams" . Mayor Stueck read the proclamation recognizing the Odyssey of the Mind teams from Sacajawea Middle School and Bozeman Senior High School who will attend the world competition in College Park, Maryland, in June. After the Mayor read the proclamation, City Attorney Luwe, who also serves as co-coach of the Sacajawea Middle School, and the teams provided background on the program and the high school team demonstrated a spontaneous competition. The City Attorney then engaged the Commission in a short spontaneous competition, after which Commissioner Rudberg handed copies of the proclamation to those students in attendance. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission concur in the Mayor's proclamation, recognizing the Odyssey of the Mind teams from Sacajawea Middle School and Bozeman High School. 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 - Commission Resolution No. 3169 - aDDlication from Lattice Materials COrDoration for tax reduction for exoandina business This was the time and place set for the public hearing established by Commission Resolution No. 3169, as approved by the City Attorney, and entitled: COMMISSION RESOLUTION NO. 3169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION . UNDER SECTION 15-24-1401, ET SED, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Acting City Manager Brey noted that, included in the Commissioners' packets, was a memo from City Attorney Luwe, dated April 30, attached to which were copies of Sections 15-24-1401 and 15~24-1402, M.C.A.; Section 42.19.1235, Administrative Rules of Montana; 05-05-97 - 17 - and Commission Resolution No. 2660, under which the City adopted the tax incentive program for new or expanding industry. Mayor Stueck opened the public hearing. Ms. Carol Engen, Lattice Materials Corporation, stated that this tax incentive program is one which allows Lattice to remain competitive with out-of-state and international . companies. She stated that last year, 97 percent of the company's sales are outside Montana, with 30 percent of the sales being international. She stated that Lattice's ability to expand is directly linked to their ability to remain competitive. Ms. Engen stated that in 1994, Lattice had 23 employees; in 1995, that number had grown to 30; in 1996, there were 37 employees; and, by the end of 1997, they anticipate 45 employees. She noted that the expansion of the company has also required the acquisition of additional equipment, and that is why the tax incentive is being sought. No one was present to speak in opposition to the application for tax incentives for an expanding business. Since there were no Commissioner objections, Mayor Stueck closed the public . hearing. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize and direct staff to bring back a resolution approving Lattice Materials Corporation's request for a tax reduction for their expanding business. 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 - Commission Resolution No. 3170 . aDplication from Color World of Montana, Inc.. for tax reduction for exoandina business This was the time and place set for the public hearing established by Commission . Resolution No. 3170, as approved by the City Attorney, and entitled: COMMISSION RESOLUTION NO. 3170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF COLOR WORLD OF MONTANA, INC. FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SED, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. 05-05-97 - 18 - Mayor Stueck opened the public hearing. Mr. Mike Burgard, General Manager of Color World Printers, noted that his company has previously sought and received tax incentives for acquisition of new equipment and expansion of their company. He stated that the company has once again acquired new equipment and needs the tax abatement to remain competitive because of the significant cost . of the equipment. Responding to Mayor Stueck, Mr. Burgard stated that some of the equipment is new and some of it is replacement equipment. He noted that the printing press is new and is needed because they have more business than can be handled with just one printing press. He noted that the other printing press, which was purchased seven years ago, has been refurbished and updated. He indicated that they have also purchased an upgraded computer system, upon which information is prepared for printing. He stated that it is important to keep pace with changing technology in this field. Mr. Scott Robinson, Artcraft Printers, asked if an increase in employment is anticipated. He stated it is his understanding that Color World laid off four employees and has . hired only two of them back. Mr. Burgard responded that the number of employees at Color World Printers has increased, with one employee being hired in the last three months and the expectation that another employee will be hired within the next two months. Commissioner Frost noted that one of the four criteria established under Commission Resolution No. 2660 is that the improvements are clean and will maintain and enhance the community's natural environment and other amenities. He asked if the new equipment will meet that criteria. Mr. Burgard responded that the new equipment must meet all of the requirements established by EPA and OSHA. He further noted that computer equipment is clean. 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 authorize and direct staff to bring back a resolution approving Color World of Montana, Inc.'s request for a tax reduction for their expanding business. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, 05-05-97 ..-----. ----.-.--.... - 19 - Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Commissioner Youngman abstained to avoid the appearance of a conflict of interest. Public hearing - Commission Resolution No. 3171 - application from Westlake Buildina Partnership for tax reduction for expandina business for Midwest Industries. Inc. . This was the time and place set for the public hearing established by Commission Resolution No. 3171, as approved by the City Attorney, and entitled: COMMISSION RESOLUTION NO. 3171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF WESTLAKE BUILDING PARTNERSHIP FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Mayor Stueck opened the public hearing. Mr. Chuck Westlake, Westlake Building Partnership and Midwest Industries, Inc., stated that they are undertaking a 14,OOO-square-foot addition to their existing facilities, at an estimated cost of $425,000. The company also plans to purchase approximately $157,000 in additional equipment for their shop. This equipment will allow them to be more competitive . in the structural steel market, which they have recently entered. He stated that, with this building addition and new equipment, he anticipates the addition of ten new employees. No one was present to speak in opposition to the application for tax incentives for an expanding business. 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 authorize and direct staff to bring back a resolution approving Westlake Building Partnership's request for a tax reduction for their expanding business. 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. 05-05-97 -.--..-.-- - 20 - Public hearing - Variance from Table 18.65.050.B. of the Bozeman Municipal Code to allow 678 sauare feet more of sian area than the maximum 400 sauare feet allowed at new Costco Wholesale - Mulvannv Partnership for Estate of Eugene Graf , Jr. , and Genevieve S. Graf (southwest corner of East Vallev Center Road and North 19th Avenue) (C.9708) This was the time and place set for the public hearing on the variance from Table 18.65.050.B., Bozeman Municipal Code, as requested by Mulvanny Partnership for Genevieve . S. Graf and the Estate of Eugene Graf, Jr., under Application No. C-9708, to allow 678 square feet more sign area than the maximum 400 square feet allowed on a portion of Tract C-1 A, Certificate of Survey No. 1979, located in the SE~ and the NE~ of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian. The subject 13.7-acre site is located approximately 600 feet west of North 19th Avenue and just south of East Valley Center Road and will house the new Costco Wholesale store. Mayor Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She reminded the Commission that a major site plan to allow construction of a 123,745-square-foot membership only retail store was recently approved. Under this variance application, the signage which was depicted in the renderings forwarded with the plans for that major site plan . would be approved. She noted that, under the sign code, a total of 400 square feet is allowed per site and, under this application, a total of 1,078 square feet of signage is proposed. The Assistant Planning Director stated that the entrance to the retail store is approximately 280 feet from the east lot line and 560 feet from East Valley Center Road. She stated that all of the proposed signage is to be painted on the sides of the structure; no freestanding sign is proposed on the site. She stated that under this application, one 37-foot-6- inch by 10-foot-3-inch sign, or 384 square feet, is proposed on the north end of the east elevation; the same size sign is proposed on the west end of the north elevation; and a 26-foot- 10-inch by 7-foot-5-inch sign, or 200.5 square feet, is proposed over the entrance of the structure, which is set on a diagonal. These signs total 968.5 square feet. In addition, . incidental signs totalling 109.5 square feet are proposed on the east and south elevations to identify the exterior entrances to specific activities within the facility, including tire sales, tire installation and receiving. Assistant Planner Arkell noted that the intent and purpose of the Bozeman Area Sign Code is "to promote the health, safety and welfare of residents and visitors of the City by 05-05-97 - 21 - regulating and controlling the size, location, type, quality of materials, height, maintenance and construction of all signs and sign structures not located within a building..." The Sign Code also intends to "provide a reasonable balance between the right of an individual to identify its business and the right of the public to be protected from the visual discord that results from the unrestricted proliferation of signs." . The Assistant Planner stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court and found in Section 18.56.060 of the Bozeman Municipal Code, and the comprehensive findings are contained in the written staff report. She provided an overview of those findings, noting that the applicant has worked with staff in siting the 316~foot by 412~foot building away from East Valley Center Road to minimize its visual impact. She further noted the applicant proposes a well landscaped and screened site; and a 3-acre lot for a smaller structure has been maintained between this site and East Valley Center Road. She stated that the location of the building is visible from 1-90, however, it is not easily visible from North 19th Avenue because of the berming which has been established along that roadway. She noted that no access to the subject site is being provided . from either a collector or an arterial; rather, one must first enter the subdivision to reach the store. Assistant Planning Director Arkell stated the subject site is not located within any entryway overlay district, although it is very near to both the 1~90 and North 19th Avenue corridors. Because of its proximity to those roadways, the applicant has agreed to prepare a plan which meets the design objective plans for those corridors, to ensure its compatibility with the area. She then noted that, because of the size of the structure, the 384~square-foot signs represent 3.1 percent of the wall area, while the sign code allows 15 percent of a single wall facade, up to 400 square feet, to be covered by signage. The Assistant Planning Director provided a comparison of the signage requested for this site with the signage at WalMart, in response to a question raised by one of the . Commissioners. She noted that the WalMart store is slightly smaller than the new Costco store will be. She stated the WalMart store is located 770 feet from North 7th Avenue and approximately 100 feet from the 1~90 right-of-way at its nearest point and 200 feet from the 1-90 right-of-way at its furthest point. Because it is located in the 1-90 corridor, the freestanding sign located adjacent to North 7th Avenue is 30 feet high and is 132 square feet 05-05-97 -.----.. ------ - 22 - in size. She noted that a total of 835 square feet of signage was installed under permits issued; however, a site visit reflected that some incidental signage has been added, and that is not included in her calculations. Assistant Planning Director Arkell stated that the Costco store is to be set back over 550 feet from East Valley Center Road. She cautioned, however, that this is the first structure . to be constructed in The Gallatin Center, a 145-acre planned unit development, and once inside that development, signs will direct traffic to the appropriate site. She questioned whether the applicant has provided adequate justification for the requested increase in signage. She noted, however, that the applicant has prepared a rendering to show how 400 square feet of signage would appear on the structure. The Assistant Planning Director stated that, since the signs are to be painted on the building, staff believes that the spirit of the sign code would be met. She cautioned, however, that the Commission must find that a hardship would be created by literal enforcement of the code before this variance could be approved, reminding the Commission that under this variance, more than twice the square footage of signage would be allowed. She then stated . that staff supports a variance for the accessory signs, which total 109.5 square feet, since they are directional in nature. The Assistant Planning Director stated that one letter of opposition was received in the Planning Office today, from John Burne. She distributed copies of the letter to the Commissioners, then read the letter into the record. Mr. Darren Pollard, Mulvanny Partnership, stressed that no freestanding signs are to be installed on the site; rather, all of the signage is to be painted on the building. He characterized the signage as the typical signage for a Costco store. He stated that, given the distance this building is to be set back from the major roadways and the amount of landscaping that is proposed for the site, he feels a hardship has been established and needs to be mitigated by allowing the increased signage. He further noted that multi-directional identification is . needed, so that the structure can be readily identified from 1-90, East Valley Center Road and North 19th Avenue. No one was present to speak in opposition to the requested variance. Responding to Mayor Stueck, the Assistant Planning Director confirmed that WalMart has 835 square feet of signage, not counting incidental signs and, under this proposal, Costco 05+05-97 -.--.--.. - ~ 23 - is requesting 968.5 feet of signage, not counting incidental signs. She reminded the Commission that when the WalMart signage was approved, the sign code allowed 400 square feet of signage per street frontage; under the current sign code, a maximum of 400 square feet is allowed per lot. Mayor Stueck stated that, while he was initially concerned about the significant . increase in signage that approval of this variance would provide, after viewing the site and the plans, he is more comfortable with it. He noted the intent of the sign code is to eliminate the degradation of the viewshed and, since the signs are being painted on the sides of the building with indirect lighting, he feels it is appropriate. He characterized this type of signage as being preferable to either interior light manufactured plastic signs or freestanding signs. He stated that, while it may be possible to slightly reduce the size of some or all of the signs, he recognizes they are to scale as proposed. Responding to Questions from Commissioner Frost, the Assistant Planning Director stated that the Costco store is approximately 200 feet closer to North 19th Avenue than WalMart is to North 7th Avenue. She then indicated that the large sign on the front of WalMart . contains 190 square feet. Responding to Commissioner Rudberg, the Assistant Planning Director estimated that the Costco store will be approximately one-Quarter mile from 1~90. Commissioner Rudberg characterized not having a freestanding sign as "a plus". She also noted that the proposed landscaping on the site is a bonus. She stated that, while Costco is willing to provide a pod for a smaller building between their building and East Valley Center Road, it has created a hardship. She noted that a drive on 1-90 from Belgrade to Bozeman revealed how Quickly one must identify the store and be prepared to exit at the interchange. She stated that, without adequate signage, problems with traffic movement on the interstate could occur as people maneuver to reach the off ramp. She further recognized that. as the landscaping on the site matures, visibility of the signs may become broken. . Commissioner Youngman stated she has no problem with the basic points that have been raised, however, she reminded the Commission that since this is a variance, the three criteria established by the Montana Supreme Court must be addressed. She recognized that the City has participated in creating a physical hardship by asking the applicant to move the building back from the main roadways. She also agreed that the signage on the west end of 05-05-97 ...---- ----- - 24 - the north side of the building must be large enough to be readily visible from the interstate. She questioned, however, whether the Commission can find adequate grounds upon which to approve the requested 969 square feet of signage. Mr. Pollard stated that, after reviewing the details on the front of the structure, he carried the details around to the other sides of the structure to break up the large expanse of . the walls, in response to concerns expressed by the Planning staff. Responding to Commissioner Frost, Mr. Pollard stated that the diagonal entrance has been developed to create a more obvious main entrance to the structure. He then stressed that, through studies of what works and what doesn't work, Costco has developed the basic designs and signage that work for a site, and this proposal meets those plans. He noted that, even after patrons reach the site, it is important for them to easily identify where they are headed as they maneuver through the parking lot. He summarized their position by stating that Costco is as concerned about the same issues on-site as the City is about them off-site. Commissioner Frost recognized that the proposal does not seem to be inappropriate; however, he noted the Commission's decision must be based on the three criteria established . by the Montana Supreme Court. Responding to questions from the Commission regarding the proposed condition that " .. mitigation be proposed with the application in the form of architectural wall elements that will provide visual relief to the long flat roof".", Mr. Pollard stated he feels that is a carryover from staff recommendations regarding a prior design. Commissioner Stiff stated that it appears the large signs, which should be a problem, appear to be acceptable to all of the Commissioners. He noted that the signs seem to be appropriate, in light of the size of the building, and he is willing to support the variance. 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 variance from Table 18.65.050.B., Bozeman Municipal Code, as requested by Mulvanny Partnership for Genevieve S. Graf and the Estate of Eugene Graf, Jr., under Application No. C-9708, to allow 678 square feet more sign area than the maximum 400 square feet allowed on a portion of Tract C-1 A, Certificate of Survey No. 1979, located in the SE% and the NE% of Section 35, Township 1 South, Range 5 East, Montana Principal 05-05-97 - 25 - Meridian. 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 - Master Plan Amendment - amend the 1990 Bozeman Area Master Plan Uodate . to include the Critic_ll_nds Element IP-96541 This was the time and place set for the public hearing on the Master Plan Amendment to amend the 1990 Bozeman Area Master Plan Update to include the Critical Lands Element, as requested by the City-County Planning Board under Application No. P-9654. Mayor Stueck opened the public hearing. Acting City Manager Brey stated that the City-County Planning Board has not yet forwarded its recommendation regarding this amendment. He then indicated that the Board is scheduled to make its decision at tomorrow night's meeting, with the public hearings to be held before the County Commission on May 13 and before the City Commission on May 19. He then recommended that the Commission continue its public hearing to that time. Mr. Denny Klewin, 3251 Wagon Wheel Road, stated it is important to take steps to . ensure the future growth of the community is appropriate. He stressed the importance of including parks, open space and trails as a priority in the planning process. He then forwarded his support for incorporating the critical lands strategic plan into the 1990 Bozeman Area Master Plan Update with additional language addressing recreation and the process for acquiring properties contiguous to existing development. He also noted support for ensuring that existing agricultural uses can continue under this plan. He recognized the importance of clustering development to ensure that large tracts of open space are provided to maintain balance and harmony in the community. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission continue the public hearing to May 19, to allow the Planning board an . opportunity to forward a recommendation on the Master Plan Amendment, amending the 1990 Bozeman Area Master Plan Update to include the Critical Lands Element. 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. 05-05-97 ..._. .._n.__._ .. ...-.---...- - 26 - Public hearina - Zone Map Amendment - "AS" to "B-2" and "R-4" - 21.644 acres located along the west side of South 19th Avenue. extending southward from West Lincoln Street - John Marks for Scenic Developers. Inc.. and the Payne Familv Trust (Z-9715) This was the time and place set for the public hearing on a Zone Map Amendment, as requested by John Marks for Scenic Developers, Inc., and the Payne Family Trust, under Application No. Z-9715, to amend the zoning on 21.644 acres located in the Southeast one- . quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian. from "AS", Agricultural Suburban, to "B-2", Community Business, and "R-4", ResidentialnHigh- density. The subject parcel is more commonly located along the west side of South 19th Avenue, extending southward from West Lincoln Street. Mayor Stueck opened the public hearing. Assistant Planner Chris Saunders presented the staff report. He noted that Kagy Boulevard runs along the south end of the applicant's property. He stated that under this application, 3.1071 acres is to be rezoned to "R-4", ResidentialnHigh-density, and 18.3606 acres is to be rezoned to "B-2", Community Business. He reminded the Commission that this subject parcel has been the subject of public hearings for annexation and a master plan . amendment, both of which were approved. He noted that this zoning request is consistent with those applications. The Assistant Planner stated that staff has reviewed this application in light of the twelve criteria established in the Montana Code Annotated, and as found in the Bozeman Municipal Code. He noted that the staff's comprehensive findings are contained in the written staff report, a copy of which was previously distributed to the Commission. He stated that at the present time, no City water or sewer services are provided to the site, although they could be easily extended to serve it. He noted that concerns have been expressed about potential sewer capacity, particularly in the A2 line, although he feels those concerns can be mitigated. He noted that staff also identified concerns about traffic, since it is estimated the requested zoning will generate 12,000 trips per day at maximum build out. He indicated that these . concerns may be addressed during subdivision review, noting that signalization of the intersection of Kagy Boulevard and South 19th Avenue should alleviate those concerns. The Assistant Planner stated that the Planning Board conducted its public hearing on this application at its April 15 meeting. Following the public hearing and review of the twelve criteria, the Board concurred in the staff's recommendation for approval of this application. 05-05-97 ---.---. - 27 ~ Mr. John Marks, applicant, stated his concurrence with the staff report and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested Zone Map Amendment. 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 Zone Map Amendment, as requested by John Marks for Scenic Developers, Inc., and the Payne Family Trust, under Application No. Z~9715, to amend the zoning on 21.644 acres located in the Southeast one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, from "AS", Agricultural Suburban, to "B~2", Community Business, and "RA", Residential--High-density, and, upon completion of the annexation process, direct staff to bring back an ordinance enacting the amended zoning. 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. . Reauest for direction re preferred alignment for westward extension of Kaav Boulevard, west of South 19th Avenue, as depicted on Map 5 and Map 8 in the 1990 Bozeman Area Master Plan Uodate Assistant Planner Chris Saunders stated that Planning Director Epple has discussed the alignment of the westward extension of Kagy Boulevard with County Road Superintendent Sam Gianfrancisco, and he indicated his support for the Planning Board's recommendation that the road be extended on a straight alignment to the west. Responding to Commissioner Stiff, the Assistant Planner stated he does not know if Montana State University has not been contacted about the continued westward extension of Kagy Boulevard across their property. He noted, however, that if MSU is not willing to allow the continued westward extension across their property, it can be turned southward to meet . Stucky Road along the eastern boundary. Commissioner Stiff noted that, to date, plans for this subject property have been discussed in light of a curved alignment between Kagy Boulevard and Stucky Road at a point just slightly west of South 19th Avenue. He stated, however, that if the Planning staff and 05-05-97 .----- -----...---.---.. - 28 - Planning Board feel a straight westward extension is preferable and if the property owner is willing to accept that alignment, he will support it. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission identify a straight westward extension of Kagy Boulevard, west of South 19th Avenue, as its preferred alternative. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg; those voting No, none. Executive Session re crocess for selection of City Manager At 8:50 p.m., Mayor Stueck announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He noted that a level of confidentiality has been identified in the process of selecting a new City Manager, at least until the final round. He then called an executive session for the purpose of reviewing the applications and tabulation of results from the Commissioners' individual reviews. .. At 10: 17 p. m., Mayor Stueck closed the executive session and reconvened the open meeting. Adiournment - 10:17 C.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. cDtn7 t /5~ . ATTEST: DON E. STUECK, Mayor (JtJ~ ROBIN L. SULLIVAN Clerk of the Commission 05-05~97