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HomeMy WebLinkAbout1996-10-07 Minutes, City Commission ~, - - - .....,~- --.".. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 7, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 7, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stueck asked if any of the Commissioners wished to have any of the Consent Items removed for discussion. Commissioner Rudberg requested that Commission Resolution No. 3152, establishing the revised landfill fee schedule, be removed for discussion. Minutes - Auaust 26. September 9 and SePtember 23. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meetings of August 26, September 9 and September 23, 1996, 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. Continued public hearing - Commission Resolution No. 3128 - intent to annex Tracts A and B. COS No. 1872. and Tract 2. COS No. 1846. located in the SW~. Section 10. T2S. R5E. MPM (135 acres at northwest corner of Huffine Lane and Ferguson Road) (A-9603) This was the time and place set for the continued public hearing on Commission Resolution No. 3128, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3128 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN. AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck reopened the continued public hearing. 10-07-96 .. -.......- ---..-- =.. N 2 - City Engineer Craig Brawner provided a brief overview of the planned sewer mains for the subject area, noting that the sewer mains serving Valley Unit Subdivision were originally planned to serve over 1,400 acres, with a large portion of the area lying south of US Highway 191. He noted that the Cottonwood interceptor sewer was then planned to provide service to . the area to the west. The City Engineer reviewed the information forwarded in his memos dated October 2 and October 4, in which he provided the estimated costs for the applicants' proposal and connection through a new sewer main. He cautioned that if a temporary trunk line is allowed from the existing 8-inch sewer line in Broadwater Avenue, it would be at an estimated cost of $50,000. He stressed the importance of recognizing that this would be a temporary solution only, and that the Bozeman Athletic Club would be the only facility allowed to connect to it. The City Engineer then reviewed the estimated costs of extending the Valley Unit sewer trunk to serve the subject property on a temporary basis, as proposed by the applicants, until the Cottonwood Trunk line has been constructed. He estimated the total costs of the Valley Unit main extension at $600,000 to $700,000, cautioning that most of that amount . would be "sunk" or lost costs. He noted, on the other hand, that the construction of Phase I sewer mains for Zone 8, which is the Cottonwood trunk line, would cost an estimated $808,000, a portion of which could possibly be recovered through future paybacks. City Engineer Brawner stated that the applicants recognize the cost effectiveness of constructing Phase I of the Zone 8 sewer main, but have also requested authorization to connect to the sewer main in Broadwater Avenue on a temporary basis, for the Bozeman Athletic Club only, to ensure that lack of sewer service does not slow that project down. He stated that staff has reviewed the capacity of the sewer main in Broadwater Avenue, which is to serve Phase I of Courtyard Cottages, and has found it has adequate capacity to serve the Bozeman Athletic Club, but not any additional development within this proposed annexation. Responding to questions from Commissioner Frost, the City Engineer cautioned that . the City's impact fees for wastewater are based on 35 percent of the projected costs in the study; therefore, the remaining costs must be funded through another mechanism. Responding to Commissioner Youngman, the City Engineer stated he does not anticipate that abandonment of the sewer line, if it is extended from Broadwater Avenue on a temporary basis, would cause any problems. He stressed that all water and sewer mains must 10-07-96 - 3 - be constructed in accordance with plans and specifications which have been reviewed and approved by the Engineering Department. Mr. Joe Sabol, attorney representing the applicants, stated that the proposal forwarded by City Engineer Brawner is the result of meetings held over the past week, in which . the developers and the City staff have worked together to arrive at a solution acceptable to everyone involved. He stated the applicants are willing to accept City Engineer Brawner's recommendations and to construct the Phase I, Zone 8 sewer main improvements, while looking forward to the potential of paybacks in the future or possibly credits toward impact fees. He stressed that the applicants wish to also receive approval to extend the sewer main from Broadwater Avenue, if necessary, to provide sewer service on a temporary basis while the new sewer trunk line is being completed. He recognized that this approval would be with the stipulation that no further development would be allowed to occur on the subject 135 acres until the Phase I, Zone 8 trunk line has been constructed. He suggested that the temporary main extension not be a public line, but be designated as a private line to minimize potential problems with others desiring to connect to it in the future. . Mr. Sabol forwarded concerns about a potential difficulty in obtaining easements for the Phase I, Zone 8 sewer trunk line, particularly in light of the fact that it took two years to obtain the easements for the Valley Unit trunk line. He recognized that the new sewer trunk will actually be a benefit to other properties in the area, as well as the subject parcel, although others may not recognize that benefit, which can sometimes lead to difficulties in obtaining the needed easements. He noted, however, that as long as the applicant receives approval for a temporary extension of the sewer line in Broadwater Avenue, the timely construction of the athletic club can be assured. He requested that the Commission allow the issuance of a building permit for the athletic club prior to the installation of the infrastructure improvements, with the requirement that those improvements be completed prior to issuance of an occupancy . permit, expressing concern that the process of reviewing and approving plans for water and sewer improvements can sometimes be a lengthy one. City Engineer Brawner reminded the Commission that building permits are issued through the Building Inspection Division. He then reminded the Commission that water and sewer improvements are typically required before the issuance of a building permit, to ensure adequate on-site facilities for protection of the structure under construction. He noted that the 10-07-96 ----- - 4 - water main must be looped, suggesting that extensions of the water mains in West Babcock Street and Fallon Street could provide that looping. Assistant Planner Chris Saunders reminded the Commission that the zone code requires the infrastructure to be in place prior to the issuance of a building permit. . Responding to questions from Commissioner Frost, City Engineer Brawner cautioned that projects must be included in the five-year capital improvements program to be funded through impact fees. He noted that at this time, the Zone 8 sewer trunk is not included in that plan. He then reviewed the mains to be installed in Phase I of the Zone 8 sewer trunk, which include the sewer trunk from the subject property north to Oak Street, connecting to a line between Durston Road and West Oak Street to create a loop back to the Valley Unit trunk line. He indicated that in future phases, the Cottonwood trunk line will be extended northward, along Davis Road and north of the GardinerlSimmental Plaza, connecting to the main sewer lines to the Wastewater Treatment Plant. Mr. Joe Sabol stated it is the applicant's intent to bear the costs of the Phase I, Zone 8 sewer main extension, possibly with other property owners participating in the costs when . they connect. He then requested a waiver from the requirement that infrastructure be in place prior to issuance of a building permit. He noted that this will allow construction of the athletic club to begin as soon as possible, with the greater potential that the Phase I, Zone 8 sewer main will be ready to serve the site prior to occupancy, thereby reducing the possible need for a temporary sewer line from Broadwater Avenue. Mayor Stueck cautioned that the application under consideration at this time is for annexation, and this type of request must be addressed through a different process. Responding to Commissioner Frost, City Engineer Brawner stated that, based on the fact that capacities are calculated on a conservative basis and based on current flows, there appears to be adequate space in the lines that would be used in the Valley Unit Subdivision to . accommodate the athletic club on a temporary basis. Responding to Commissioner Youngman, the City Engineer indicated that it would be acceptable to allow the temporary sewer line to be constructed as a private line. He suggested that, if the grade of the sewer line is appropriate, it might be possible to use that line as a permanent line in future development of the property. He suggested that, since it would be a private line, it should be installed on private property rather than in the street rights-of-way. 10-07-96 - 5 - City Engineer Brawner encouraged the Commissioners to consider the proposed revisions and additions to the conditions for approval of the annexation, as forwarded in his October 4 memo. Commissioner Stiff suggested that Condition No. ad be amended to start with the . phrase: "In addition to the Annexation Agreement, the applicant shall enter into a separate binding agreement... " Responding to Commissioner Youngman, City Attorney Luwe stated that issues such as the location and abandonment of the temporary sewer line should be addressed through written agreements between the applicant and the City. Responding to questions from Mr. Sabol, City Engineer Brawner stated his proposed condition that the applicant be required to extend the sewer main to his property when it is located within 1,300 feet of the property line, at his expense, is based on the general statutory requirement that a property must be connected to a sewer main, within a specified number of days, when it is located a specified distance from the property line. He indicated that, in this instance, 1,300 feet is half the distance between Durston Road and West Babcock Street, . which is the northern boundary of the subject property. Responding to Commissioner Frost, the City Engineer stated that, from a cost effective and logical standpoint, it makes more sense to install the Phase I, Zone 8 sewer trunk improvements than to install a temporary sewer service from the main in Broadwater Avenue. He stated that, if the temporary sewer service is to be allowed, it is important to attach conditions to ensure its discontinuance in a timely manner. Mr. Joe Sabol stated he feels it is appropriate for the 360 Ranch to bear the costs of extending the sewer main through their property, noting that Mr. Delaney is willing to bear the costs of extending the sewer main through his property. He then expressed concern that no expansion of the athletic club will be allowed during its connection to the temporary sewer . service, particularly if that condition does not allow for covering of a tennis court or possible adding of a tennis court. Assistant Planner Chris Saunders responded that a conditional use permit, which is the process under which the Bozeman Athletic Club West was approved, may be expanded only through another conditional use permit. He indicated that during that review, any additional impacts can be identified and addressed. 10-07-96 --..-----..-.-.---. ----- --.-..-.-... - 6 - Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Frost stated that, while he recognizes the benefits that a temporary sewer service could provide the developer, he is concerned about the potential risks to the City . and, on that basis, he cannot support the proposed annexation. . Commissioner Youngman stated that she could support annexation with the requirement for a permanent sewer trunk connection, but she cannot support it with a temporary sewer connection. She expressed concern about the bad precedent which allowing a temporary connection might create, stating it is preferable to encourage orderly growth. Commissioner Rudberg stressed that, if Mr. Delaney wished, he could withdraw his application for annexation and could construct the athletic club with a septic system. She forwarded her personal preference for annexation and connection of that facility to City sewer service, even if it is initially through a temporary line. She noted it would be preferable to install the Phase I, Zone 8 sewer trunk line immediately, but she recognized the potential that obtaining easements may not occur immediately. . Commissioner Stiff stated that, while allowing a temporary sewer connection is not the best alternative, it is preferable to a septic system adjacent to the city. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution of annexation upon execution of the Annexation Agreement and satisfaction of the following conditions: 1. Fire and Street Impact Fees for the existing structures on the subject property shall be paid concurrently with the annexation of the property. At the time the existing structures apply for connection to the City's Water and Sewer facilities, those impact fees shall also become due. 2. Water rights, or cash-in-lieu thereof, in an amount sufficient to supply the site with City water (as calculated by the Director of Public Service) shall be provided by the applicant at final plat, final site plan approval, or issuance of any building permit, whichever occurs first. . 3. The applicant shall dedicate to the City of Bozeman, by easement, one-half of the 90-foot-wide right-of-way needed for West Babcock Street, that is, the 45 feet which is on the applicant's property, unless otherwise provided. 4. The applicant shall dedicate to the City of Bozeman, by easement, one-half of the 1 OO~foot-wide right-of-way needed for Ferguson Avenue, that is, the 50 feet which is on the applicant's property, unless otherwise provided. 10-07-96 .---.-..- _..u _._ .._..._ ~ 7 - 5. The applicant shall provide and file with the County Clerk and Recorder's Office executed waivers of right to protest creation of SIDs for the construction of the following improvements: a. Sanitary trunk sewer improvements master planned to serve the subject property under the City's Wastewater Facilities Plan Update. . b. Street improvements to West Babcock Street and Ferguson Avenue, including paving, curb and gutter, sidewalks and storm drainage facilities. The waiver shall specify that in the event SIDs are not utilized for the completion of these projects, the property owner shall agree to participate in any alternative financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, ultimate sewer contribution, or combination thereof, as approved by the City. A copy of the filed document shall be submitted with the Annexation Agreement. 6. The applicant shall provide water service to any future development on the annexed property by means of extending fully looped water mains from the City's central water distribution system. 7. The Bozeman Athletic Club facility authorized under the . Conditional Use Permit approved July 15, 1996 by the City Commission may connect to the City's existing municipal sanitary sewer system subject to the City Engineer's approval of the point of connection and subject to the following: a. The City's sanitary sewer main shall be extended to a point adjacent to the applicant's property. b. Plans and specifications for the sewer main extension, prepared by a professional engineer (PEl, shall be provided to and approved by the City Engineer and Water Superintendent. The plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall provide professional engineering services for construction inspection, post- construction certification and preparation of mylar (and digital if available) record drawings. Construction shall not be initiated on the public infrastructure improvements until the . plans and specifications have been approved and a preconstruction conference has been conducted. c. No building permits will be issued prior to completion and City acceptance of the completed sewer main improvements. d. In addition to the Annexation Agreement, the applicant shall enter into a separate binding written agreement with the City of Bozeman 10-07-96 - 8 - guaranteeing the abandonment of the temporary sewer service and immediate connection to the master planned trunk sewer at such time as the master planned trunk sewer is available within 1,300 feet, or less, of the subject property's boundary. . 8. In approving the temporary sanitary sewer connection, sanitary sewer service shall be allowed only for the Bozeman Athletic Club West facilities approved on July 15, 1996, under Conditional Use Permit Application No. Z-9643. No expansion of the athletic club facilities or further development of this or any other properties which would result in increased sewer discharges shall be approved prior to the completion of the City sanitary sewer trunk master planned to serve this property. 9. Pursuant to Condition NO.1 for approval of the Conditional Use Permit, as approved on July 15, 1996, "The Development Review Committee shall again review the Conditional Use Permit for this property and may, if necessary, and, subject to the concurrence of the City Commission, modify or impose additional conditions of approval. " 10. The annexation of this property shall not relieve the applicant of his responsibility to comply with all terms and conditions of the approved Bozeman Athletic Club West Conditional Use Permit under Application No. Z-9643. 11. An annexation map shall be submitted by the applicant for use . with the Annexation Agreement. The map must be supplied on a mylar (either 24 inches by 36 inches or 18 inches by 24 inches) for City records and on either letter or legal size paper for filing with the Annexation Agreement with the County Clerk and Recorder. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. Ordinance No. 1431 - Salarv Ordinance for Fiscal Year 1996-1997 Included in the Commissioners' packets was a copy of Ordinance No. 1431, as approved by the City Attorney, entitled: ORDINANCE NO. 1431 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. City Manager Wysocki reminded the Commission that statutes require the Commission to adopt the salaries for the department heads, its employees and the City Judge by ordinance. 10-07-96 -..---- .-... .. ----..- -- - 9 - He indicated that the salaries contained in this ordinance reflect a 3-percent increase, which is the same increase as other employees have received this year. Commissioner Rudberg requested information on the deferred compensation for each of the employees in the ordinance prior to final adoption of the ordinance. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1431, the salary ordinance for department heads, the City Judge and employees of the City Commission, 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 Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Ordinance No. 1432 - adding Section 2.76.220. crohibitina dogs in the Sunset Hills Cemetery Included in the Commissioners' packets was a copy of Ordinance No. 1432, as approved by the City Attorney, entitled: ORDINANCE NO. 1432 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A SECTION TO BE NUMBERED SECTION 2.76.220 OF SAID CODE; PROVIDING FOR PROHIBITION OF DOGS IN THE SUNSET HILLS CEMETERY. City Attorney Luwe reviewed the exceptions to the prohibition of dogs in the cemetery. He then suggested that, if the Commission wishes, it could provisionally adopt the ordinance and then ask the Cemetery Board to review it and forward its recommendations prior to final adoption. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that Ordinance No. 1432, prohibiting dogs in the Sunset Hills Cemetery, be provisionally adopted and that it be brought back for final adoption on November 4, after the Cemetery Board has had . an opportunity to review it and forward a recommendation. 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. 10-07-96 -...----- - 10 - Discussion re Historic Preservation Advisorv Commission's request to expand its membership to provide for UP to fifteen members Responding to Commissioner Youngman, City Attorney Luwe stated that if the Commission approves of this concept, staff will bring back an ordinance providing for the expanded membership for Commission consideration. He stated that at that time, the . Commission will have an opportunity to review the revised language and forward suggestions for additional revisions. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back an ordinance revising the membership of the Historic Preservation Advisory Commission, as requested by that body. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Commission Resolution No. 3152 - establishing a revised landfill fee schedule. effective November 4. 1996 . Included in the Commissioners' packets was a copy of Commission Resolution No. 3152, as approved by the Commission, entitled: COMMISSION RESOLUTION NO. 3152 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. City Manager Wysocki reminded the Commission that Commissioner Rudberg had requested this item be removed from the Consent Items. He stated that this revised fee schedule represents a 6~percent increase in fees. He noted that an average pickup load of garbage weighs 180 pounds, which is lower than the weight upon which the minimum fee is calculated. He then indicated that the fines for liquids were included in the landfill fees established in 1992, but have since been dropped; and staff has requested that they be added . back into the schedule since liquids cannot be accepted at the landfill. He then reminded the Commission that only 15 percent of the garbage deposited at the landfill is from City collection trucks; the remaining 85 percent is from other haulers and private citizens. Responding to Commissioner Rudberg, the City Manager stated that the landfill fees were last increased about this time last year. 10-07-96 - 11 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission adopt Commission Resolution No. 3152, establishing a revised landfill fee schedule, effective November 4, 1996. 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 City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Glenn and Lee Allinger, 112 Westridge Drive, dated October 1, forwarding input on four different issues. (2) Letter from Gallatin Valley Land Trust, dated September 23, asking that the City of Bozeman act as lessee of the railroad right-of-way for the Story Mill Spur Trail and pay the annual $25.00 lease fee. The City Manager indicated that he has committed the City to this arrangement, . unless the Commission determines not to do so; the Commission concurred that the City should serve as lessee and pay the annual fee. (3) Letter from the Gallatin Valley Land Trust, dated August 5, asking that the City bear $732.00 of the expenses it has billed for improvements to the trail along the northeast side of the New Hyalite View Subdivision. Commissioner Youngman suggested that this request be placed on the October 21 agenda for consideration. Responding to Mayor Stueck, the City Manager indicated the trail is located on an easement from the Bozeman Deaconess Foundation. (4) Copy of the police log from September 30, in which three dog complaints . are listed. (5) Copy of the Gallatin Development Corporation News, dated September 1996. (6) Copy of the Gallatin Development Corporation's Partner's Update, dated September 1996. 10-07-96 - 12 - (7) Minutes from the Bozeman Beautification Advisory Board meetings held on June 26 and July 17, 1996. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 8, in the Commission Room. . (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 8, in the Commission Room. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, October 8, at the Gallatin County Courthouse. (11 ) Agenda for the Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Wednesday, October 16, in the Library meeting room. (12) Minutes from the Highway Commission telephone meeting held on August 2, the regular meeting held on August 14 and 15, and the telephone meeting held on September 4, 1996. The City Manager noted that, on Page 4 of the August 14 meeting, there is discussion about the speed zone on Highway 93 near Darby. He briefly highlighted the process, which . began in November 1993, with the study being conducted in July 1995 and action just being taken. He cautioned that the City is encountering the same types of timing problems in its request for a speed study on Kagy Boulevard. He suggested that, during the upcoming legislative session, it may be appropriate to seek a timeframe under which the Department of Transportation must react to this type of request. (13) Copy of the notice that the Gallatin County Planning Department will be closed to the public on Fridays, to allow staff time to perform their work assignments. (14) The City Manager submitted his weekly report, as follows. (1) Attended the Firemen's Breakfast this morning. (2) Attended the Chamber of Commerce retreat last week, during which he provided input on City activities. (3) Attended the luncheon meeting on the Burns Telecommunications program last Wednesday. (4) Announced that Assistant City . Manager Ron Brey is attending the International City/County Management Association meeting this week. (5) Stated he has had several conversations with representatives for the MSU Foundation subdivision, noting that City staff is awaiting information from the engineering consultants. (6) Announced that Park/Cemetery/Forestry Superintendent John McNeil and Director of Public Service Phill Forbes met with representatives from the Gallatin Valley Softball 10-07.96 .-.--.---.--....--- - 13 - Association to finalize this year's activities and begin preparations for next year's season. (7) Announced that the City used 1,136 acre feet of water from Hyalite during the 1995 season and 1,990 acre feet of water this year. ( 15) Commissioner Youngman submitted the following. (1) Attended a workshop . at MSU over the weekend regarding Internet communications for schools, libraries and communities. She noted that the information was interesting and could be valuable in setting up a bulletin board for the City. (2) Spoke at the Montana Parks and Recreation Association meeting held last week. ( 16) Commissioner Stiff stated that he attended the Senior Center Board meeting last week. He indicated that they have raised $107,000 of the $195,000 in matching monies needed for the expansion project. (17) City Attorney Luwe stated that Commission Resolution No. 3138, which establishes the revised cemetery fees, contains a typographical error in one of the fees. He then indicated that staff will bring back a resolution on the October 21 agenda for Commission action, and asked if the Commission wishes to allow staff to collect the accurate fee between . now and the October 21 meeting; the Commissioners indicated their concurrence. ( 18) Mayor Stueck submitted the following. (1) Attended the Recreation and Parks Advisory Board meeting last Thursday night. He distributed copies of the itemized City expenses for the Sweet Pea '96 activities, exclusive of police officers, noting that the grand total is $4,756.55. He indicated that the Board is attempting to address this issue, which may be in the form of a recommendation for damage deposits in the future. (2) Stated that the official record for the Bozeman School District reflects a loss of 41 students in grades K through 5, an increase of 14 students in grades 6 through 8, and a loss of 7 students in grades 9 through 12. He noted that the loss of 91 elementary students last year and 41 students this year is equal to over one-half of an elementary school, which may be to the District's . advantage as it attempts to upgrade the older schools. He then stated that the student populations in Belgrade, Manhattan and Three Forks continue to increase. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 10-07-96 . -- -..... - 14 - Commission Resolution No. 3149 - encouragina Leaislature to increase Der- line charae for emeraency communication services COMMISSION RESOLUTION NO. 3149 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENCOURAGING THE MONTANA STATE LEGISLATURE TO . INCREASE THE PER-LINE FEE FOR EMERGENCY COMMUNICATION SERVICES, WITH THE REVENUE INCREASE TO BE DISTRIBUTED TO CITIES AND COUNTIES. Authorize City Manaaer to sian - Annexation Agreement between City and N.R. (Rick) PODe - 1.0 acre located in the NE%. SE%. Section 31. T2S. R5E. MPM - 1233 Story Mill Road (west side of Story Mill Road between Bridaer Drive and Mcllhattan Road) Commission No. 3150 - annexing 1.0 acre located in the NE%. SE%. Section 31. T2S. R5E, MPM - 1233 Story Mill Road (west side of Story Mill Road between Bridaer Drive and Mcllhattan Road) COMMISSION RESOLUTION NO. 3150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY (FORMERLY REFERRED TO AS THE POPE ANNEXATION REOUEST) AND HEREIN MORE PARTICULARL Y DESCRIBED. . Staff reDort - reauest for annexation of 23.45 + acres located in Dortions of Tracts 3 and 5 and all of Tract 4. Smith Subdivision. located in the NY2. NW%. Section 11, T2S. R5E. MPM (south side of Durston Road. west of and adiacent to Greenwav Subdivision) - Terrence Corcoran and J.A. Strowbridge Commission Resolution No. 3151 - intent to annex 23.45 ::t: acres located in Dortions of Tracts 3 and 5 and all of Tract 4. Smith Subdivision. located in the NY2. NW%. Section 11. T2S. R5E. MPM (south side of Durston Road. west of and adiacent to Greenway Subdivision): set Dublic hearina for November 4. 1996 COMMISSION RESOLUTION NO. 3151 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Acknowledae receiDt of reauest for extension of sewer service outside city limits - Anita Saunders. 27489 Frontage Road: refer to staff Authorize staff to eroceed with bid for new fire DumDer truck Reauest for waiver of street cut Dolicy - to allow cuttina of West Lincoln Street at MaDle Lane (near Alder Court) for extension of water and sewer services to University ADartments Droiect - Gaston Enaineerina for Bin Chana 10-07-96 -..----- -- ------- - 15 - Authorize Mavor to sign - Findinas of Fact and Order - minor subdivision of 1.1 OS-acre parcel known as Tract 2 and the east 15 feet of Tract 3. Mountain Vista Subdivision to create two residential lots (corner of South 20th Avenue and West College Street) Authorize Mayor to sian - Findinas of Fact and Order - oreliminary Dlat for Diamond Estates Subdivision - subdivide 19.957 acres located in . the EY2. WY2. EY2. SEy... Section 3. T2S. R5E. MPM into nine residential lots and one remainder lot for future residential development (north side of Durston Road at Meaaher Avenue extended) Authorize City Manaaer to sian - Amendment No.2 to Professional Services Agreement - Corrosion Control Proiect at Water Treatment Plant. Damschen & Associates Authorize City Manaaer to sian - Amendment No.4 to Agreement between Montana Deoartment of TransDortation. Gallatin County and City of Bozeman re North 19th Avenue interchanae rest area/visitors' center Authorize City Manager to sign - Amendment No. 5 to Professional Services Agreement with Morrison.Maierle re North 19th Avenue interchanae rest area/visitors' center Authorize exoenditure of $6.487.05 as oartial reimbursement for costs billed bv the State of Montana Deoartment of Environmental Qualitv for the Bozeman Solvent Site for the oeriod Aoril 1 through June 30. 1996 . Award bid - two 1997 four-door sedan oolice cars - Danhof Chevrolet Geo. Inc.. Manhattan. Montana - bid amount of $35.626.00 Reauest for City of Bozeman to co-soonsor Know Your Watershed: Gallatin workshoo. beina held on October 11 and 12 at the Museum of the Rockies Aoolication for temoorarv beer license - Belgrade Bandit Booster Club. Inc. - Gallatin County Fairarounds - October 19. 1996 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 - 4:52 o.m. Mayor Stueck declared a recess at 4:52 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled pUblic hearings. 10-07-96 - 16 - Reconvene - 7:00 c.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearina - COA with deviation from Section 18.18.050 of the Bozeman Municical Code to allow removal of an existing dilacidated garage and construction of new two-car garaae on same footcrint. thus encroachina 7 feet into reauired 8-foot side yard setback on lots 9 and 10. Block 48. West Park Addition - Robert Ekev and Kristine Thomas. 719 South 6th Avenue (Z-9679) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, requested by Robert Ekey and Kristine Thomas, under Application No. 2-9679, to allow the removal of an existing dilapidated garage and the construction of a new two-car garage on the same footprint, thus encroaching seven feet into the required eight foot setback on Lots 9 and 10, Block 48, West Park Addition. The subject property is more commonly known as 719 South 6th Avenue. Mayor Stueck opened the public hearing. . Historic Preservation Planner Derek Strahn presented the staff report. He stated that the new two-car garage is to be constructed on essentially the same footprint as the old garage. He noted there is a question about whether the existing garage is located wholly on the applicant's lot or if it encroaches onto the adjacent property, but the new garage will be located one foot inside the property line. He noted that the style of the new garage will be compatible with the historic character of the subject property as well as the neighborhood. The Historic Preservation Planner stated that staff has reviewed this application and recommended approval, subject to the boilerplate condition. The Design Review Board conducted its review of the application at its September 10 meeting, after which it also forwarded a recommendation for approval, subject to the recommended condition. Mr. Bob Ekey, applicant, stated that their property is fifty feet wide. He also noted . that many of the garages in the immediate area are located close to the property lines. In light of their desire to maximize the usable space in their back yard, they have proposed locating the garage close to the side property line. Mr. Ty Braden, 721 South 6th Avenue, stated his property is adjacent to the subject property. He stated his support for th.e proposed garage, characterizing it as a definite upgrade. 10-07-96 .....--.---..--.- ------- - 17 - No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission approve the Certificate of Appropriateness with deviation -from Section 18.18.050 of the Bozeman Municipal Code, requested by Robert Ekey and Kristine Thomas, under Application No. Z-9679, to allow the removal of an existing dilapidated garage and the construction of a new two-car garage on the same footprint, thus encroaching seven feet into the required eight foot setback on Lots 9 and 10, Block 48, West Park Addition, subject to the following condition: 1 . That the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Public hearina - COA with deviations from Sections 18.18.030 and 18.50.160. Bozeman MuniciDal Code. to allow demolition and reconstruction of rear addition and new front Dorch. and conversion of sinale-familv into two-familv house on Lots 19 and 20. Block 2. Davis and Babcock Addition - Dvnamic Desians representing Richard Mecklenburg. 211 North Wallace Avenue (Z-9678) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.18.030 and 18.50.160 of the Bozeman Municipal Code, as requested by Richard Mecklenburg, under Application No. 2-9678, to allow the demolition and reconstruction of a rear addition and new front porch, and the conversion of a single-family dwelling into a two-family dwelling on Lots 19 and 20, Block 2, Davis and Babcock Addition. The subject property is more commonly known as 211 North Wallace Avenue. . Mayor Stueck opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, the non-historic rear addition, the safety of which is questionable, is to be removed and replaced with a new, more historically sensitive addition; a dormer is to be added to the south roof of the house; a front porch is to be constructed; the house is to be re~ 10-07-96 ...-...-----.--... - 18 - roofed; and the brick on the existing house is to be repaired or replaced as needed. He noted that the subject lot is 50 feet wide and, under the code, a 60-foot-wide lot is required for a two-family dwelling. He noted that the existing house is located 17 feet from the front property line, rather than the required 25 feet; therefore, a deviation is required to allow . expansion of that non-conforming structure. The Historic Preservation Planner stated that the subject property is one of the oldest in Bozeman, being constructed long before modern zoning. He stated that the proposed changes in the home would have minimal effect on the character of the site and would, in fact, improve its historic value and functionality. He indicated that the new rear addition will also enhance the safety and appearance of the house. The Historic Preservation Planner stated that, following review of this application, staff recommended approval, subject to the boilerplate condition. Following its review of the application at its September 10 meeting, the Design Review Board forwarded its recommendation for approval, subject to the boilerplate condition plus three more conditions. He briefly reviewed those conditions, which were added to ensure the final appearance of the . dwelling unit. Historic Preservation Planner Strahn stated that, late this afternoon, he received a letter from an individual who has indicated that she is part owner of the property and has concerns about the project. In response to that letter, he forwarded the City Attorney's suggestion that the following condition be added to possible approval of this application: "That a title report on the project be required, at the applicant's expense, and that all parties of record must sign off on acceptance of the project." He indicated that this will ensure any legal tangles are addressed before the project moves forward. He also suggested that the Commission may wish to amend the boilerplate condition to state "... within one year of Certificate of Appropriateness approval or until legal disputes regarding this project are completely resolved " ... e Souther, 118 East Beall Street, representing the applicant, stated concurrence with the staff presentation. She noted that the applicant is still living in the house, but has no power and cannot obtain power without the appropriate City permits. She asked if the Commission could help in that process, so he may continue to live in the house while it is being upgraded. 10-07-96 ---.. """.-. _.",,- - 19 - Responding to the Commission, Planning Director Epple indicated that the letter to which the Historic Prservation Officer referred is in his office, and characterized it as a letter of opposition. Responding to Mayor Stueck, Historic Preservation Planner Strahn stated that the . existing house is not currently in the best state of repair, but he was not aware there is no electricity to it. He cautioned that care must be taken to ensure that the process for requiring all conditions be met is not compromised. He then indicated it is not necessary to have a building permit to get the electricity connected to a building. Responding to questions from Commissioner Stiff, the City Manager suggested that the boilerplate condition not be amended. Responding to Commissioner Frost, the Historic Preservation Planner stated that, upon request by the applicant, Certificate of Appropriateness approval may be extended for up to one year, with six months being the length of a typical extension. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stueck closed the public . hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.18.030 and 18.50.160 of the Bozeman Municipal Code, as requested by Richard Mecklenburg, under Application No. Z-9678, to allow the demolition and reconstruction of a rear addition and new front porch, and the conversion of a single-family dwelling into a two- family dwelling on Lots 19 and 20, Block 2, Davis and Babcock Addition, subject to the following conditions: 1. The applicant shall utilize 6-inch ColorLok siding materials on the proposed new addition; 2. The applicant shall utilize asphalt shingles for the proposed roofing . improvements; 3. The applicant shall closely follow the Historic Preservation Officer's suggestions with respect to masonry repair and replacement; 4. That a title report on the project be required, at the applicant's expense, and that all parties of record must sign off on acceptance of the project; and ~~~d ~:i; ~VP7 10-07-96 .--... -.-".-".. .._--,,_. ..-.-----. . ..- -----.- .----.------- ....-.--....-.-. - 20 - 5. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor . Stueck; those voting No, none. Public hearina - Zone MaD Amendment - establish initial zonina designation of "R-MH" on 6.15 acres described as Dart of Tract 1 and all of Tracts 2. 3 and 4. Fowler Subdivision. in the SE%.. NW%.. Section 11. T2S. R5E. MPM - Dennis Balian (north side of West Babcock Street. iust west of Hunters Way) (Z-9666) This was the time and place set for the public hearing on a Zone Map Amendment, as requested by Dennis Balian, under Application No. 2-9666, to establish an initial zoning designation of "R-MH", Residential--Single-family, Mobile Home, on 6.15 acres known as part of Tract 1 and all of Tracts 2, 3 and 4, Fowler Subdivision, located in the Southeast one- quarter of the Northwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located along the north side of . West Babcock Street, just west of Hunters Way, and is more commonly known as 2701 West Babcock Street. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson gave the staff report. He stated the subject property is currently located in County Zoning District No.1. He indicated that it is a long, narrow piece, approximately 200 feet wide by 1,300 feet long, with West Babcock Street along the south end and West Mendenhall Street bisecting the parcel. He reviewed the surrounding land uses, which include mobile homes, single-family, and multi-family residential units. The Associate Planner stated that the annexation process for the subject parcel has been started but not yet completed; and a zone map amendment to "R-3", Residential--Medium- . density, has been previously approved, contingent upon annexation. He further noted that the preliminary plat for the Yellowstone Peaks Subdivision has previously been approved. He indicated that the applicant is willing to withdraw the "R-3" zoning application if the "R-MH" zoning is approved. 1 0-07-96 --.---..--..-...- .. ~ 21 ~ Associate Planner Patterson stated that staff has reviewed this application in light of the twelve criteria set forth in the statutes for consideration of zone map amendments, and the staff's comprehensive findings are contained in the staff report. He highlighted some of those findings, noting that development under the proposed "R-MH" zoning designation will probably . be at a lower density than the previously approved "R~3" zoning designation. He noted that, while mobile homes have a negative connotation when considering property values, multi-family units often carry the same connotation. He stated that today's manufactured homes are of much higher quality than those constructed ten to twenty years ago, therefore, he suggested the negative impacts would be minimal. He concluded by forwarding staff's recommendation for approval. He indicated that the City-County Planning Board conducted its public hearing on September 17 and, following that hearing, concurred in staff's recommendation for approval. Mr. Dennis Balian, applicant, noted that the previously approved preliminary plat will allow 44 townhouse units, and a total of 36 units could be accommodated under the requested "R-MH" zoning designation. He stated that this will result in a slightly lower impact on West . Babcock Street, which is of constant concern when reviewing proposals for development in this area. He noted, with interest, that both his proposals for multi-family and mobile home development of the subject property have generated negative comments regarding impacts on surrounding property values. He concluded by encouraging Commission approval of this application. 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 Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Map Amendment, as requested by Dennis Balian, under Application No. 2-9666, to establish an initial zoning designation of "R~MH", Residential-- . Single-family, Mobile Home, on 6.15 acres known as part of Tract 1 and all of Tracts 2, 3 and 4, Fowler Subdivision, located in the Southeast one-quarter of the Northwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and authorize and direct staff to bring back an ordinance implementing the zone change upon completion of the annexation process. The motion carried by the following Aye and No vote: those voting Aye 1 O~O7-96 H''''.. _n ,______ . _. .______ - 22 - being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Commissioner Frost requested a staff update on West Babcock Street on an upcoming agenda. . Public hearino - Zone MaD Amendment - from "R-S" to "R-MH" - 17 .49-acre tract known as 5Dringhill Mobile Home Park. located in the SE%. Section 23. and the SE%. Section 24. T1 S. R5E. MPM (approximatelv % mile east of Springhill Road on SDrinahill Lane) (Z-9675) This was the time and place set for the public hearing on a Zone Map Amendment, as requested by the City Commission under Application No. Z-9675, to change the zoning on a 17 A9-acre tract known as Springhill Mobile Home Park, located in the Southeast one-quarter of Section 23, and the Southeast one-quarter of Section 24, Township 1 South, Range 5 East, Montana Principal Meridian, from "R-S", Residential--Suburban Country Estates, to "R-MH", Residential--Single-family Mobile Home. The subject property is located approximately one- quarter mile east of Springhill Road on Springhill Lane. Mayor Stueck opened the public hearing. . Associate Planner Christopher Williams presented the staff report. He noted that the Springhill Mobile Home Park was platted in 1970, prior to the current "R-S" zoning designation, and the "R-S" designation was applied in 1979. He reminded the Commission that 28 mobile homes were initially installed on the subject property, and approval was recently granted for an additional 17 mobile home lots. He further reminded the Commission that on August 7, variances were unanimously approved to allow development of those lots, which dQ not meet the minimum lot size or lot width requirements for the "R-S" zoning district, and to allow for 8-foot side yard setbacks. He further noted that at that time, staff was directed to bring back a zone map amendment to change the zoning to "R-MH", to better reflect the characteristics of the existing development. Assistant Planner Williams stated that staff has reviewed this application in light of . the twelve criteria established in the Montana Code Annotated, and the comprehensive staff findings are contained in the written staff report. He briefly highlighted those findings, forwarding staff's recommendation for approval. He stated that at its September 17 meeting, the City-County Planning Board conducted its public hearing on this application, after which it concurred in staff's recommendation for approval. 1 0-07-96 ...------ - 23 - Mr. Lowell Springer, representing the owner of Springhill Mobile Home Park, indicated support for the Zone Map Amendment and a willingness to respond to questions. No one was present to speak in opposition to the proposed Zone Map Amendment. 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 approve the Zone Map Amendment requested under Application No. Z-9675, to change the zoning on a 17.49-acre tract known as Springhill Mobile Home Park, located in the Southeast one~quarter of Section 23, and the Southeast one-quarter of Section 24, Township 1 South, Range 5 East, Montana Principal Meridian, from "R-S", Residential-- Suburban Country Estates, to "R-MH", Residential--Single-family Mobile Home, and authorize and direct staff to bring back an ordinance implementing the zone change. 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 - Zone Code Amendment - add ChaDter 18.45. creatina a casino overlav zone (Z-9674) This was the time and place set for the public hearing on a Zone Code Amendment, as requested by the City Commission under Application No. Z-9674, to add Chapter 18.45, creating a casino overlay zone. Mayor Stueck opened the public hearing. Assistant Planner Christopher Williams presented the staff report, distributing copies of the proposed amendments, dated October 7, 1996, and a listing of the various establishments in the community and the number of gambling machines in each. He reminded the Commissioners that on April 1, they adopted a six-month moratorium on applications for . casinos, to allow an opportunity for consideration of restrictions on the locations of casinos and, on September 30, that moratorium was extended for an additional six months. He noted that this moratorium was in response to a recent proliferation of casinos within the community. The Assistant Planner reviewed the proposed zone code amendments, which include a definition of "casino" and create an overlay district in which they may be located. He noted 10-07-96 - 24- that the overlay district may only be located in the "M-1", Light Manufacturing, or "M-2" Manufacturing and Industrial, zoning districts, and it may not be located within an entryway overlay district except for the 1-90 overlay district. Responding to City Attorney Luwe, the Assistant Planner suggested that where the . 1-90 overlay district overlaps another entryway overlay district, the other entryway overlay district should prevail since it is more restrictive. He noted that the language in the proposed amendments should be revised to reflect that. He also raised a question about whether casinos should be prohibited in planned unit developments. Assistant Planner Williams stated that staff reviewed this application in light of the twelve criteria set forth in the Montana Code Annotated, and the comprehensive findings are contained in the written staff report. He summarized those findings by indicating that staff found the Zone Code Amendment to be in compliance with those criteria. He noted that the City-County Planning Board conducted its public hearing on this application at the September 17 meeting, after which it forwarded a recommendation for approval. Dr. Howard Busching, 1914 Spring Creek Drive, addressed the issues of gambling and e casinos in general. He stated that in the three years he lived in Reno, Nevada, the church in which he ministered was burglarized seven times. He noted that most of the residents of that city recognized that it would be a more desirable place to live if it had not been for the gambling. He expressed concern that the image portrayed to today's youth is that winning through various gambling options is what brings happiness. Mrs. June Busching, 1914 Spring Creek Drive, stated that those she has talked to over the past six months have expressed concern about the number of casinos in the community. She characterized more casinos as more trouble for the community, rather than helping the community's economy. Mr. Mike Powers, 270 Comfort Lane, noted that the definition of a "casino" includes . the provision that the establishment has fifteen or more machines, stating he would prefer to see that number lowered to three or five machines. Mrs. Jacque Powers, 270 Comfort Lane, stated her support for anything that can slow down gambling in the community. She suggested that casinos should not be restricted in the city only, but that the restriction should extend out along the roadways into the community as well. 10-07-96 ------- - 25 - Mr. Doyle Yaney, 85 Bozeman Trail Road, stated he feels gambling and alcohol fit into the same category as alcohol and driving. Mrs. Elizabeth Fuller, 702 Bridger Drive #16, noted all of the new casinos constructed recently and asked where they have acquired the licenses to sell alcoholic beverages that are . needed to operate such a facility. No one was present to speak in opposition to the propose Zone Code Amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Commissioner Youngman, Assistant Planner Williams recognized it may be necessary to revise Section 18.45.040.0. to clarify where alcoholic beverages may be consumed, to avoid potential problems in the future. Commissioner Frost stated his support for lowering the number of machines in the definition of casino, possibly to five or six. Commissioner Youngman noted that during the public meetings, there was wide support for reducing the number of machines as far as possible. She recognized that there is . a point at which the number of machines is incidental to the main use, but she is uncertain what that is. She then suggested that five, six or seven might be a reasonable number to include in the definition. Responding to Commissioner Stiff, the Assistant Planner stated that if this amendment is adopted, existing casinos will be grandfathered. Commissioner Youngman characterized this proposed amendment as reclaiming the original intent of allowing gambling machines in Montana. As a result of Commission discussion, issues to be considered prior to acting on this Zone Code Amendment include the number of machines contained in the definition, whether casinos should be required to go through the conditional use permit process or allowed as a permitted use, and whether casinos should be allowed in planned unit developments. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission table action on this item until the November 4 meeting at 3:00 p.m. 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. 10-07-96 _ .......-...----..--.- - 26 - Public hearing - variances from Sections 18.38.060 and 18.56.090 of the Bozeman MuniciDal Code to allow construction of a three-story medical office building which exceeds the 38-foot heiaht limitation bv 8 feet and waive the reauirement to acauire a building Dermit within six months of aDproval of a variance - Bozeman Deaconess HosDital for 931 Hiahland Boulevard (2-9614) This was the time and place set for the public hearing on the variances from Sections . 18.38.060 and 18.56.090 of the Bozeman Municipal Code, as requested by Ellerbe Becket Construction Services, Inc., for the Bozeman Deaconess Hospital, under Application No. C-9614, to allow construction of a three-story medical office building which exceeds the 38- foot height limitation by eight feet, and to waive the requirement to acquire a building permit within six months of approval of the variances. The subject property is located at 931 Highland Boulevard. Mayor Stueck opened the pUblic hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that these variances are being sought in conjunction with a major site plan application to allow construction of the third medical building at the Bozeman Deaconess Hospital complex. She noted that the hospital is built on a sidehill, and the proposed new structure is to be located . on the west side of the existing buildings. She reviewed elevations in the immediate area, noting the elevation is 4,910 feet at the upper level of the site, dropping 12 feet to the location of the proposed building. She noted that, with this differential, from the east side of the building, the office building will appear to be two stories high. The Assistant Planning Director stated that staff has reviewed the two requested variances in light of the three criteria established by the Montana Supreme Court, and the comprehensive findings are contained in the written staff report. She noted that the public assembly portion of the building, which is the tallest point, is exempt from height limitations. She stated that the main portion of the new structure is to be 46 feet high, which exceeds the height limitation contained in the code. She noted that, given the topographical features of the site and the pitched roof of the structure, the code would allow the building to be a maximum . height of 38 feet, therefore, the variance is being requested. She stated the applicant is also seeking a variance to the requirement that the building permits be obtained within six months of approval because there is a question about whether all of the necessary infrastructure improvements can be completed within six months. 10-07-96 - 27 - The Assistant Planning Director stated that the subject property was originally zoned "PU", Public Lands and Institutions, and in 1990, it was changed to "BP", Business Park, to allow for the development of the medical office buildings. She characterized the existing buildings as a high quality development, which will be enhanced by this proposed addition. She . noted that the hospital complex is located on a 40-acre portion of a 500-acre site, so there is ample room around it. She further noted that, from the street, the building appears to be a one-story facility, although it is actually two stories high. Assistant Planning Director Arkell briefly reviewed the three criteria for review of variances and the staff's findings for each of those criteria. She noted that, while the new office building is to be three stories tall when completed, the third floor may not be constructed immediately. She concluded by forwarding staff's recommendation for approval of the variances with no conditions. Mr. John Kern, Ellerbe Becket Construction Services, stated the hospital wishes to expand its level of service to the community by providing more ambulatory care facilities. He noted that with the addition of the third building, a main entrance is to be created, with better . directories to assist people in moving throughout the office complex and the hospital. He stated that, with this additional building, medical services to the community will be maximized while the costs will be minimized. Mr. Kern noted that the two closest neighbors to this facility are Hillcrest Retirement Home, which is at an elevation equal to the top of the hospital, and the Sunset Hills Cemetery. He concluded by encouraging Commission approval of this request. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Each of the Commissioners forwarded statements of support for the proposed third medical office building in the hospital complex and support for the requested variances. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the . Commission approve the variances from Sections 18.38.060 and 18.56.090 of the Bozeman Municipal Code, as requested by Ellerbe Becket Construction Services, Inc., for the Bozeman Deaconess Hospital, under Application No. C-9614, to allow construction of a three-story medical office building which exceeds the 38-foot height limitation by eight feet, and to waive the requirement to acquire a building permit within six months of approval of the variances. 10-07-96 ----.---- ------ - _.__.n .._.. - 28 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Public hearing - Master Plan Amendment - Sub Plan for North 19th Avenue/West Oak Street (P-9629) This was the time and place set for the public hearing on proposed revisions to a Master Plan Amendment, establishing a sub plan for North 19th Avenue/West Oak Street which includes an alternative design review procedure. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He reminded the Commission that at the September 16 meeting, they had conducted the public hearing on the proposed sub plan. At that meeting, representatives for Saccoccia, Perkins and Cape/France, three of the four major landowners in the area, submitted a proposal for an alternative to the planned unit development process, called the "alternative development review procedure". He further reminded the Commission that they have conducted the public hearing on the sub plan as . prepared by the Planning staff and approved by the City-County Planning Board, noting that this public hearing is limited to consideration of the "alternative development review procedure". He cautioned that the public hearing on the sub plan was closed to verbal comment at the September 16 meeting, with the deadline for written comment being October 2. The Senior Planner further reminded the Commissioners that at the September 16 meeting, they asked that the "alternative development review procedure" be reviewed by the Planning Board. He noted that the Board did review the proposal at its October 1 meeting, accepting substantial public participation, and has forwarded its recommendation for adding the language "or an alternative development review process designed to achieve the same objectives" after each reference to the planned unit development requirements in the sub plan. . He stressed that the details of the alternative development review procedure will be the subject of zone code amendments, which will be processed within the next few months to implement the master plan amendment. He encouraged the Commission to limit discussion to the master plan amendment only at this time, recognizing that the implementation of the plan will be addressed through the zone code. 10-07-96 - 29 - Mr. Dan Kamp, representing Dr. Saccoccia, stated that one of the driving forces for the proposed alternative development review procedure is that the planned unit development chapter of the zone code is not the appropriate place for implementation of the sub plan, rather, the entryway corridor chapter is. He indicated that the landowners are in almost total . agreement with the goals and objectives of the sub plan, noting that the details for implementation of the plan will be addressed in the next step. Mr. Lowell Springer, representing Cape/France, stated concurrence with Dan Kamp's comments. He recognized the importance of creating an alternative development review procedure that will work while meeting all of the design goals and objectives. Mrs. Anne Banks, 7 Hill Street, noted that at the last public hearing, the developers' representatives presented the beginnings of an alternative development review procedure, but no elaboration of that procedure has been provided to date. She stated that the public deserves to know more about this procedure before a decision is made, and asked that this hearing be continued until more information is available. Mr. Bobby Gavin, 1013 Thomas Drive, stated he feels more information is needed . before a decision is made. He suggested that, rather than making a quick decision, the Commission should wait until more information is available before making its decision on this proposal. Mr. Todd McFadden, 417 Bonner Lane, stated his knowledge of this proposal is limited to the information he has garnered through the media. He noted that open space and trails are important to him, stating that they help to create a beautiful community. He then encouraged the Commissioners to act with sensibility and sensitivity to the needs of the community as a whole. He also asked that more information on this alternative development review procedure be made available to the public. Mr. Mike Franklin, 1101 Mountain Ash, stated that he and his neighbors signed a . petition in favor of the planned unit development process. He noted that, while the alternative development review procedure is to address the same goals as those of the planned unit development, under the PUD process, 30 percent open space is required, but under the alternative, only 0 to 20 percent open space is being requested. He also noted that the landowners have suggested the trails would not necessarily be open to the public. On those 10-07-96 .-.. ---. .-..... .--....----. - 30 - two basest he does not believe the proposed alternative would meet the same goals as a planned unit development. Mr. Brian Leland, 528 North Bozeman Avenue, suggested that this is the time to "put real horse power" behind rewriting the planned unit development chapter of the zone code. . He then raised questions about how objective and how uniform an alternative development review procedure might be, suggesting that revisions to the planned unit development process might address the concerns that generated the new proposal. Mr. Lowell Springer stated that the additional language in the master plan amendment, which allows for the alternative process, provides for a different review mechanism which meets the same goals. He stressed that under this process, the option for development of an alternative procedure is being provided, if the developers and the City can create a procedure that is acceptable to both parties. He cautioned that if the proposed language is not approved, the option for an alternative procedure is not provided. Mr. Steve Kirchhoff, 516 South 6th Avenue, questioned how the Commission can accept language to allow for an alternative development review procedure when the procedure . has not yet been identified. He also asked whose responsibility it will be to prepare the alternative. He then questioned the need for a different procedure if it is to be patterned after and similar to the planned unit development process. Commissioner Frost stated the North 19th Avenue/West Oak Street corridor seems to be an ideal area for higher density mixed use development, possibly with residential units allowed on second floors. He recognized that this type of development is allowed under the planned unit development process, and suggested that it also be allowed under the alternative procedure that is developed. He questioned what the phrase "designed to achieve the same objectives" means, stating he feels that it should be more clearly stated to avoid the potential for misinterpretation in the future. He concluded by indicating that, while he appreciates green . entryways, he feels that it is important to provide separated pedestrian and bicycle facilities in those areas. Senior Planner Skelton assured the Commissioners that the zone code amendment process will provide adequate opportunities to ensure that the alternative development review procedure is written to encourage the desired type of development in this entryway corridor. 10-07-96 .--.......----- .. --... ~ 31 ~ Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to Mayor Stueck, City Attorney Luwe stated the Commission may act on this master plan amendment at this time, recognizing that a resolution adopting the amendment . and findings of fact must be submitted for Commission action to complete the process. Planning Director Epple reminded the Commission that this master plan amendment must also be submitted to the County Commission for its public hearing and action, noting that the hearing is scheduled for October 15. ft was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission direct staff to bring back the findings of fact and a resolution incorporating the sub plan for the North 19th Avenue/West Oak Street corridor into the 1990 Bozeman Area Master Plan Update, with the phrase "or an alternative development review process designed to achieve the same objectives" after each reference to the planned unit development requirements for Commission consideration. 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. Mayor Stueck thanked the Planning staff and the City-County Planning Board for their extra effort and extra time in preparing a master plan amendment which represents the best interests of the community, including several special meetings. He characterized this as one of the best examples of long-range planning for the community, in an open process which has encouraged citizen input. Commissioner Youngman noted the Commissioners have received comments from over 400 people advocating use of the planned unit development process or possibly something even stronger. She stated that, with the additional language suggested by the Planning Board, allowing for an alternative process is appropriate. She stressed the importance of ensuring that . commercial development along this corridor be appropriately buffered from existing residential neighborhoods. Commissioner Youngman noted there is a $12 to $13 million taxpayer investment in infrastructure improvements along this entryway to the community. She recognized that the change in land use designation from residential to commercial essentially triples the value of the land, according to realtors, and she feels that through cooperative efforts between 10-07-96 - 32 - government and private individuals, development which enhances the area and meets community values and goals can occur. Commissioner Frost suggested that a side benefit of attractive development along this corridor might be an upgrading of the North 7th Avenue corridor. . Mayor Stueck noted that the Commission did receive a considerable amount of written comment regarding this master plan amendment. He expressed concern that some of those letters started by "calling people names", suggesting that "those who live in glass houses should not throw stones". He forwarded his interest in receiving input, but encouraged those doing so to do so in a matter-of-fact manner. He emphasized his disapproval of the references to "greedy landowners" or "greedy developers" in some of the letters, stating that Junior Tschache donated $25,000 to begin engineering design of the interchange; Don Cape gave a 90-foot-wide easement through his property, at no cost to the City, for the new North 19th Avenue alignment; Gene Graf gave 13 Y2 acres of his property for right-of-way for the new North 19th Avenue alignment; Jerry Perkins and Philip Saccoccia gave easements across their properties for the West Oak Street extension from North 7th Avenue to North 19th Avenue; . and Don Cape and Philip Saccoccia are bearing the special improvement district costs for construction of the portion of North 19th Avenue between Baxter Lane and West Oak Street. He recognized that these individuals will benefit from the alignment of the roadway and the commercial designations which result from this master plan amendment, but encouraged everyone to also recognize their contributions. Commissioner Rudberg stated it bothers her that people are always critical of North 7th Avenue. She recognized that, while it is not pretty, it has been there for many years. She then forwarded her discomfort with asking a private landowner to set aside 30 percent of his land in open space, particularly when only those in a certain area would be asked to do so. She cautioned that green open space, which has been identified as an attribute by many of those . testifying, takes a significant amount of water, which could negatively impact the City's water supply. Commissioner Rudberg recognized that growth is here to stay, particularly since the world population continues to increase. She stated that the North 19th Avenue/West Oak Street corridor provides a prime area for commercial development, thus creating jobs in the 10-07-96 ..---- -... ..--- ~...:.........J:.:':.-.. -.....-..-....-. - 33 - community. She noted that commercial and industrial development are beneficial to a community, particularly since they are less draining on City services than are residential areas. Commissioner Rudberg concluded by concurring with Mayor Stueck's indication that he does not wish to receive letters which contain name calling. . Adjournment - 9:29 D.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. { Cl ~ J3~ DON E. STUECK, Mayor ATTEST: . (j!u/.: J .dg;~ ROBIN L. SULLIVAN Clerk of the Commission . 10-07-96