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HomeMy WebLinkAbout1996-04-01 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 1, 1996 ********************** ******* . The Commission of the City of Bozeman met in regular session in the Commission Municipal Building, April 1 , 1996, at 3:00 p.m. Present were Mayor Stueck, Room, 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 remove any of the Consent Items for discussion. City Manager Wysocki requested that award of the bid for expansion of the Swim Center be removed for discussion. Minutes - March 18 and March 2~, 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . minutes of the meetings of March 18 and March 25, 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. Mayor Stueck deferred action on the minutes of the meetings of November 20 and December 4, 1995, to a later date. Conditional Use Permit - Gaston Enqineerinq for Town Pump, Inc. - allow conversion of existinQ 4,200-square-foot space in Buttrey's Shoppinq Center into casino servinq alcoholic beveraqes- Buttrey's Tract of Kirk's 2nd Addition ( 1601 West Main Street (Z-9603) This was the time and place set for the decision on the Conditional Use Permit requested by Gaston Engineering for Town Pump, Inc., under Application No. Z-9603, to allow . conversion of an existing 4,200-square-foot space in Buttrey's Shopping Center into a casino serving alcoholic beverages. The subject site is more commonly known as 1601 West Main Street. Planning Director Epple noted that Associate Planner Dean Patterson had comprehensively reviewed the background information and issues at last week's agenda 04-01-96 - .._.,,_..~- -..- ~ 2 ~ meeting. He noted that the Commissioners have also received copies of the staff report, the minutes from the City-County Planning Board meeting and their resolution, forwarding a recommendation of denial. Mr. Jerry Gaston, engineer representing the applicant, stated general concurrence . with the staff report, except for recommended conditions of approval Nos. 3, 4 and 5. He noted that those conditions reference items which are binding "on the owner of the land, his successors or assigns". In this instance, however, the applicant is a leaseholder; and he does not wish to commit the owner to those conditions. Mr. Gaston briefly reviewed the staff report, which contains the six criteria set forth in the Bozeman Municipal Code for considering conditional use permits. He noted that the subject site has been developed as a shopping center; and the subject 4,200-square-foot space represents less than 5 percent of the entire area of the shopping center. He reminded the Commission that the space already exists, with a loading area in the rear and parking in the front. He noted that the subject property is served by North 15th Avenue, which operates at a Level B, and US Highway 191, or West Main Street, which currently operates at a Level C. . Mr. Gaston noted that all of the activities in this business are to occur indoors. The applicant has spoken with most of the business owners in the Buttrey's Shopping Center and, except for some concerns about parking, which were registered by those on the south end of the shopping center, no major concerns were expressed about this proposed business. He stated that, based on the zone code, a total of 501 parking spaces are needed for all of the businesses located in the shopping center; 570 parking spaces are currently delineated in the parking lot; and the parking lot can actually accommodate in excess of 700 vehicles at the present time. He recognized that the parking lot does not meet code requirements for landscaping and traffic protection; however, he feels it would be unfair to require those improvements in conjunction with a leasehold operation that occupies less than 5 percent of the space. . Mr. Jerry Gaston noted that some concern was expressed about trash and vandalism during the public hearing before the City-County Planning Board. He stated that those conditions already exist in the area and should be viewed as a police enforcement problem rather than as a problem that this proposed casino is anticipated to compound. 04-01-96 - 3 - Mr. Gaston addressed the proximity of this proposed casino to churches and schools in the area. He stated that the distances which have been referenced regarding the proximity to those facilities pertain to liquor licenses; and that is a separate issue from the item currently before the Commission. He noted that an adjacent space within the shopping center already . houses a lounge with gaming machines. He further noted that the existing lounge does not seem to have created any problems for young people who go to other establishments in Buttrey's Shopping Center or McDonald's for lunch. Responding to Mayor Stueck, Assistant Planning Director Debbie Arkell stated that the section in the code pertaining to a 20-percent increase in traffic and parking impacts applies to redevelopment or reuse of a piece of property, and is not applicable in this instance, since the conditional use process has been triggered through the sale and consumption of alcoholic beverages on the premises. Responding to City Manager Wysocki, Associate Planner Patterson stated that, while the subject site is 570 feet from the nearest church, although not addressed from the same street, the existing lounge lies just outside the 600-foot buffer for churches and schools which . are addressed from the same street. Responding to Commissioner Youngman, the Associate Planner stated that Condition No.3, as recommended by staff, contains the four standard boilerplate conditions for all conditional use permits, as set forth in the zone code. He recognized that arrangements between lessors and lessees can create problems when attempting to enforce these conditions. City Attorney Luwe reminded the Commission that the conditional use permit runs with the land; and this applicant could transfer ownership of the casino to someone else, who must then comply with the conditions of approval. He then recommended that the Commission include the standard conditions in approval of the application, to ensure that they are met even if ownership of the business changes. He recognized the difficulty that this can create with . a lessor/lessee relationship; however, he suggested those problems could be addressed through a separate agreement between the two parties. Responding to Commissioner Frost, Associate Planner Dean Patterson recognized that cooperation between the property owner and the lessee is essential under Condition No.4, since the property owner becomes responsible for the improvements once they have been installed. 04-01-96 --.----------.---...-- .- --- - 4 - Mayor Stueck expressed concern that under the recommended conditions, the lessee is being asked to make a commitment for parking lot redesign and, if the lessor is not willing to accept the redesign, then the lessee cannot meet the conditions. Commissioner Rudberg stated that, while she does not like the idea of another casino, . she does not see any legal way to not approve it. She noted that requiring this applicant to redesign the parking lot, which is huge, would be inappropriate. She recognized that the parking lot needs to be resurfaced and restriped, although that should not be a part of approving this application, either. She then suggested the possibility of removing long-term parking immediately in front of the businesses, changing it to 15-minute parking only. Commissioner Stiff stated he feels adequate parking is available, and that the applicant should not be required to provide parking lot improvements. Commissioner Frost stated that, while he agrees there is adequate parking, he feels that the traffic circulation should be improved, parking spaces should be more defined, and pedestrian safety should be enhanced in the entire parking lot. He then indicated that, without the five conditions recommended by staff, he cannot support approval of this application. . Commissioner Youngman stated she feels there are sufficient grounds upon which to legally deny this application, particularly in light of the Planning Board's recommendation. She expressed concern about the configuration of the existing parking lot, noting that the parking lot is often full enough that one must cross several travel lanes before reaching the safety of a sidewalk. She noted that this proposed use will generate even more long-term parking in the lot; and that will further impact the short-term parking situation. She recognized Condition No. 4, as recommended, would ensure that the parking lot is safer for pedestrians; however, approval of the application without that condition would only serve to further compound the problems and make the lot less safe for students to cross. She also expressed concern about the proximity of this proposed use to churches and schools. Mayor Stueck stated that, while he does not support Condition No. 4, as . recommended, he feels it would be appropriate to revise Condition NO.5 to require that the applicant obtain a confirmation from the lessor that the parking lot will be upgraded as soon as possible, indicating that he hopes upgrades, particularly those pertaining to safety, will be implemented as quickly as possible. He then indicated that, another review of the current parking lot revealed there is not adequate space for a double row of parking along the south 04-01-96 . __.______ .__.._.__._.____._... __._u_.. .__.___.___...._ - 5 - end of the parking lot, where the single row of parking currently exists. He also noted that his concerns about the proposed parking spaces at the bottom of the hill from the center access from West Main Street were compounded by his latest review of the parking lot. Responding to Commissioner Youngman, Mayor Stueck stated that 78 parking spaces . are needed for this application, which involves 5 percent of the total square footage of the shopping center structure. He also noted there are an adequate number of spaces in the existing parking lot, particularly since many of the businesses within the shopping center attract only short-term shoppers. He concluded by stating that this proposed 4,200-square-foot business does not seem to generate the type of burden that is needed to justify the suggested conditions pertaining to the parking lot. Commissioner Rudberg stated that she can typically park where she wants to in this parking lot. She then indicated that drawing lines in the parking lot will not address the concerns which have been raised about how this parking lot functions. Commissioner Frost stated that parking lots can be designed to provide for the safety of pedestrians as well as the safe maneuvering of vehicles, citing the lot at Wal-Mart as an . example. It was moved by Commissioner Stiff that the Commission approve the Conditional Use Permit requested by Gaston Engineering for Town Pump, Inc., under Application No. Z~9603, to allow conversion of an existing 4,200-square-foot space in Buttrey's Shopping Center into a casino serving alcoholic beverages, subject to the following conditions: 1 . The proposed signage shall be modified to be in conformance with the Bozeman Sign Code and Design Objectives Plan. The final plan for the sign shall include details, comprehensive labeling and complete dimensioning. Approval of the sign shall be obtained by the Design Review Board; 2. The applicant shall provide painted striping in the parking lot to delineate the additional number of parking stalls required by the Bozeman Zoning Ordinance; 3. When a Conditional Use Permit has been approved by the City . Commission, the permit shall be issued by the Planning Director upon the receipt of the applicant's written consent to all of the conditions imposed, including the CUP conditions required by Section 18.53.030.G.: a. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit process; 04-01-96 ________.. .___n ....___ -... -. - ...- ..-- - 6 - b. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; c. That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the . land, successors or assigns; and d. That all of the special conditions shall be consented to in writing by the applicant; and 4. The applicant, in cooperation with the property owner, shall arrange to have those parking areas along West Main Street which are badly deteriorated repaved to a parking lot standard acceptable to the Engineering Department. Documentation that the property owner approves of and authorizes the repaving shall be provided to the Planning Office prior to issuance of the Conditional Use Permit as per Condition No.3. Mayor Stueck yielded the gavel to Commissioner Rudberg for the purpose of seconding the motion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner (Mayor) Stueck and Commissioner Rudberg; those voting No being Commissioner Frost and Commissioner Youngman. . Commissioner Rudberg returned the gavel to Mayor Stueck. Preliminarv clat review - Morrison-Maierle for Golf Course Partners - Bridaer Creek Subdivisions, Phase II and III - allow subdivision of 56.6 acres into 91 single-familv lots and 1 condominium lot - portion of tract in NW%, Section 1. T1 S. R6E. MPM (both sides of Mcllhattan Road. immediatelv south of City landfill) (P-9601) This was the time and place set for review of the preliminary plat for Bridger Creek Subdivision, Phases II and III, as requested by Morrison-Maierle for Golf Course Partners, to allow 56.6 acres located in the Northwest one-quarter of Section 1 South, Range 6 East, Montana Principal Meridian, into 91 single-family lots and 1 condominium lot. The subject parcel is more commonly located along both sides of Mcllhattan Road, immediately south of the City landfill. Senior Planner Dave Skelton presented the staff report. He reminded the Commission . that Phase I of the subdivision, which contains a total of 287 acres, has been approved as the mixed use phase of a planned unit development. Also, the 18-hole golf course, which is the central portion of the development, has been completed and is in operation. He stated that under this application, the final two phases of the development are being considered; and that involves ensuring that the entire development is completed in accordance with the master plan 04-01-96 -.-----..-..-. - 7 - for the project. He stated that Phase II contains 47 single-family residential lots and 1 condominium lot; and Phase III contains 44 single-family residential lots. He reminded the Commission that this subdivision lies south of the City's landfill and west of Story Mill Road, with Mcllhattan Road bisecting the property. . Senior Planner Skelton stated that staff has identified the impacts this proposed subdivision will have on the surrounding area and the City's infrastructure; and that information is contained in the written staff report, which was previously distributed to the Commission. He noted that this application has also been reviewed in light of the six public interest criteria set forth in the Montana Code Annotated; and those comprehensive findings are also contained in the written staff report. He characterized the issues for these two phases as being the same as those identified for Phase I. He noted that in Phase II, the groundwater depth has been identified at 3.7 feet below the surface, which precludes the digging of basements in that area. He noted, however, that in Phase III, the groundwater depth is 8 feet below the surface. He indicated that impacts to the existing watercourses must be mitigated; and that can be accomplished by cooperating with the Soil Conservation Service and the Department of Fish, . Wildlife and Parks. The Senior Planner stated that Phase II is to be developed before Phase III. He noted that, because of the timing of development, the applicant has raised concerns about some of the recommended conditions for approval, as contained in the resolution from the City-County Planning Board. He indicated that staff has recommended, and the Planning Board concurred, that looping of the water main through Phase III must be completed in conjunction with Phase II; and the length of that looping is approximately 3,000 feet. He also noted that a sewer easement is being required to the north end of the property, as well as extension of the 4-inch sewer main to the north property line. He stated that the Director of Public Service has forwarded a recommendation that the City pay $ 7,460 toward that extension, since it would end at the landfill. He noted that the clubhouse has already been connected to the City sewer; . and the Planning Board has recommended that the applicant be required to complete an application for connection to sewer service and be billed retroactively for the services received to date. He stated the applicant is proposing 12-foot-wide utility easements in front of the lots in Phase II and III; however, subdivision regulations require that those easements be 20 feet wide and that they be located on the rear or side lot lines. He stated that, following discussion, 04-01-96 - u ___.._________..._ _u__ --.-.-. ---.----- --.--.-. _____.__. - - ___._________._u___._..___. __.__.._". - 8 - staff has recommended the conditions be written to provide some flexibility in the location of the utility easements, to accommodate staff concerns as well as the applicant's desires. Senior Planner Skelton stated that this subdivision is accessed from Bridger Drive, Story Mill Road and Mcllhattan Road. To accommodate impacts from this subdivision, the . applicant is to improve Mcllhattan Road to the western edge of the property to a 28-foot-wide paved standard with gravel shoulders, and improve Story Mill Road from Mcllhattan Road to the northern boundary of the property to a County road standard. The Senior Planner forwarded the applicant's request for a waiver to the requirement to provide a second access from Phase II. He noted that the Development Review Committee discussed this request at length, and determined that the request is appropriate. He noted that, given the topography of the area, Mcllhattan Road is twenty feet higher than Phase II. Also, the road would cross wetlands and one of the holes in the golf course. The Senior Planner noted that under the R-3 zoning designation on this property, 304 residences could have been constructed; however, under this application, less than 100 units are proposed. He also noted that under the covenants, the applicant is proposing to limit . development of the lots to single-family residential use except for Lot 16 in Phase II. He suggested that the appropriate notation be made on the plat to avoid confusion in the future. The Senior Planner stated that the applicant is required to dedicate 4.53 acres of parkland in conjunction with this application; and he is proposing 4.80 acres in Phase III. A private park in the interior of Phase II does not count toward the parkland dedication because it is to be owned and maintained by the property owners' association. The Senior Planner noted that the 1990 Bozeman Area Master Plan Update designates the old Milwaukee railroad right-of-way for public open space and trail corridors. He recognized that this is a conceptual corridor; and, in this instance, that alignment traverses the golf course. He noted that a revised alignment was negotiated, to move the trail to the southern edge of the property in Phase I, ending at the East Gallatin Recreation Area. He noted that in . conjunction with Phase II, the trail is to continue north; however, some concerns about the exact alignment of that trail have yet to be resolved. He indicated that, because of those concerns, the applicant requested the decision on this preliminary plat be delayed from March 18; and he provided an extension of the 60-day review period, to April 15, to allow time to address that issue. He noted that the Recreation and Parks Advisory Board sub-committee has 04-01-96 - 9 - forwarded a proposed revision to the condition pertaining to alignment of the trail in its March 27 memo, which has been distributed to the Commission. He noted that a question still exists about who should be responsible for implementing the trail improvements; and he suggested that could be resolved prior to filing of the final plat for Phase II. . The Senior Planner stated that, following its review of this application, staff forwarded a recommendation for approval, subject to 43 conditions. He stated that, following its public hearing on this application at its March 5 meeting, the Planning Board forwarded its recommendation for approval, also subject to 43 conditions. He briefly highlighted the key conditions in that recommendation, noting that they generally address the issues which have been previously identified. Mr. Rex Easton, President of Golf Course Partners, Inc., stated that Senior Planner Skelton has presented the application and the issues well. He provided a brief update on the trail corridor, stating he is interested in reaching an agreement on the trail corridor that is acceptable to all parties. He suggested that, to allow the process to move forward, the Commission revise the condition to allow him to work with the Recreation and Parks Advisory . Board to develop an alignment for the trail and an implementation plan prior to filing of the plat for Phase II. Mr. Easton suggested that Condition Nos. 16 and 31, pertaining to utility easements, should be considered in tandem to ensure that revisions to one do not conflict with the other condition. He then turned his attention to looping of the water main. He requested that they either be allowed to provide a financial guarantee or allowed to install the looped water line when Phase II is 50 percent built out. He expressed concern that to require looping of the water main along Story Mill Road before the plans for improvement to that roadway have been completed is premature and would result in unnecessary costs of relocating the line. He also noted that installing the looped water main in conjunction with Phase II infrastructure . improvements would place a heavy financial burden on the project that he feels could be alleviated. Mr. Easton addressed the issue of the bridge across Bridger Creek on Story Mill Road. He stated that, while he is willing to bear his fair share of the costs of upgrading the bridge, he feels that the City should recognize its impacts from traffic going to and from the landfill and the County should recognize the impacts of traffic going to other rural subdivisions. He 04~01-96 ______m__ -...-----------.---...- - 10 - recognized that the County intends to upgrade the bridge, at an estimated cost of $90,000; and he does not feel it would be appropriate to require his subdivision to bear the entire cost. At Mayor Stueck's request, Mr. Easton addressed the proposed revisions to conditions as forwarded by Senior Planner Skelton, stating his general concurrence with each of those . conditions. Responding to Commissioner Stiff, Mr. Easton stated that the proposed alignment of the trail crosses the golf course at a point where there is little danger, since it is located behind a tee box. He noted that, while there is no safe place to cross a golf course, this crossing is more acceptable than many other options. Responding to Mayor Stueck, Senior Planner Skelton stated it would be appropriate to add a waiver of right to protest the creation of an SID/RID for improvements to the bridge on Story Mill Road if the Commission wishes to do so. He then indicated that staff recognizes the impacts which the City has on the bridge; however, since this is a County road, they feel that the County should also become involved in the costs of improvement. He recognized that obtaining their participation may be difficult. . Responding to Commissioner Frost, Senior Planner Skelton suggested that Condition No. 26, pertaining to the trail corridor, should remain as flexible as possible, to allow for negotiations between the applicant and the Recreation and Parks Advisory Board. He then indicated that he has no problem with combining Condition Nos. 16 and 31, if the Commission wishes. He cautioned, however, that if Condition No. 31 is eliminated through combining it with Condition No. 16, then the City should require written approvals from all of the utility agencies before the rear utility easements are eliminated. Responding to Mayor Stueck, Mr. Easton stated that looping of the water main from Phase II back to Phase I would involve crossing four holes of the golf course. He noted that looping the water main from Phase II and Phase III involves crossing only one hole of the golf course, which is much less disruptive. . Mr. Bob Lee, Recreation and Parks Advisory Board, stated that the Board authorized the Trails Subcommittee to work on behalf of the Board to resolve the issue of the trail alignment and development. He noted that the Board reviewed the pre-application for this project last fall, and has worked closely with Mr. Easton through the process. He noted that Mr. Easton is providing a significant amount of recreational amenities within the subdivision. 04-01-96 - 11 - He stated that the Committee's interest is in finding a route for the trail that is practical and aesthetically pleasing. He stated that the Recreation and Parks Advisory Board is interested in obtaining a trail corridor from the East Gallatin Recreation Area to Mcllhattan Road without using sidewalks or roadways, if possible. . Mr. Lee stated that the Board has also considered who should be responsible for building the trail. He recognized that the trail improvements will be expensive; and they actually represent a community enhancement. On that basis, the Board feels it would be appropriate for the community to fund the improvements, not through City coffers, but through other sources of funding. He encouraged the Commission to approve a condition pertaining to the trail that is flexible enough to allow the Board and the Committee to continue to work with Mr. Easton to develop a trail alignment that is acceptable to everyone. Responding to Mayor Stueck, the Commissioners concurred that a waiver of right to protest the creation of an SID/RID for improvements to the bridge on Story Mill Road should be added to the conditions of approval. They also concurred that Condition Nos. 16 and 31 could be combined. . Mayor Stueck then asked for Commissioner comments regarding looping of the water main. Commissioner Frost stated support for the condition as written; however, if necessary, he could support the Mayor's proposal that looping be delayed with the applicant bearing the costs of flushing in the meantime. Commissioner Youngman recognized the compelling public safety reasons for requiring looping of the water main. She noted that looping of the water main back to Phase I seems unnecessarily complicated. Commissioner Rudberg stated she feels it would be inappropriate to install the water main across the golf course; however, it is a long loop through Phase III. She then asked who . would be responsible for paying any costs associated with problems that might be incurred as a result of the dead-end line. Commissioner Stiff stated it is tough to deal with a dead-end line for an extended period of time. He recognized the difficulty of looping the water main given the uncertainties about the profile of the Story Mill Road improvements. 04-01-96 ------ - ... ___ ______. _n. ..__.___.._ - 1 2 - Mayor Stueck expressed his uncertainty about how to address the looping of the water main, particularly in light of the road improvements. Mr. Easton stated he anticipates that development in Phase III will begin within three years if the market remains approximately the same. He recognized that if the water main . looping is not completed immediately, a financial guarantee will be required. City Manager Wysocki suggested that the ,Commission delay its decision until April 15, in light of the concerns which have been raised. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission table action on this preliminary plat to the April 15 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Award bid ~ expansion at Swim Center ~ Rodnev Hobaugh Construction. Bozeman. Montana ~ base bid of $406.378.00 . City Manager Wysocki reminded the Commission that this item had been removed from the Consent Items for discussion. He noted that, included in the packets was a letter from Mr. Cliff Chisholm, architect, dated March 27, analyzing the bids received. He briefly summarized the contents of that letter, and forwarded his recommendation that the bid for the base plus Alternate NO.1 be awarded to the low bidder. Commissioner Rudberg stated that, particularly since the costs of this project have risen from an estimate of $250,000 to $410,000, she feels the Commission needs more time to analyze the information. Responding to concerns expressed by the City Manager about delaying the decision for two weeks, the Mayor noted that a special meeting could be called as a part of next week's meeting if determined necessary. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that action on this item be tabled, with discussion to be placed on next week's work session and a decision on the April 15 agenda. 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. 04~O1-96 ~ ---- - 13 - Ordinance No. 1420 - adding Chapter 9.93 of the Bozeman Municipal Code, prohibitina the carryina of weapons in City-owned buildings and property Distributed to the Commissioners were copies of Ordinance No. 1420, as approved by the City Attorney, entitled: ORDINANCE NO. 1420 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED AS 9.93, AND ENTITLED "WEAPONS IN PUBLIC BUilDINGS AND PROPERTY", PROHIBITING THE CARRYING OF WEAPONS IN All CITY-OWNED BUilDINGS AND PROPERTY. Mayor Stueck noted that the Commissioners have received two letters regarding this issue. He noted that one issue which has been raised is the fact that vehicles with hunting rifles in the gun rack would not be allowed on City property under this ordinance as proposed; and a similar problem exists with the County's ordinance. City Attorney Luwe stated that the Commission may revise the ordinance to allow for an exception if they so desire. Responding to concerns raised by Mayor Stueck about the draft ordinance which was . included in the Commissioners' packets, City Attorney Luwe stated that was the ordinance prepared by County Attorney Salvagni for County Commission action. He characterized the City's ordinance as being very similar, only pertaining to the City's property. He noted that weapons are already banned from City parks under another section of the code; however, he felt it was important to include them in this ordinance as well, to ensure that people are aware of the prohibition. Mr. John Weigand, 2671 Kid Curry Drive, stated he has been a resident of Montana since 1966, living in Belgrade and rural Bozeman since 1974. He serves on the Board of Directors of a state-wide organization that supports the Second Amendment right to own, possess and bear firearms. He noted that many of the members collect weapons for historic, . recreational or investment purposes. Mr. Weigand expressed concern that the proposed ordinance is too broad and would negatively impact a significant number of taxpayers. He noted that the gun shows and safety training classes which are held at the Fairgrounds attract a significant number of people; and the gun show is one of the largest income producers housed at the Fairgrounds. He stated those gun shows are very closely monitored to ensure that no weapons are loaded; and failure 04-01-96 ----...------ - 14 - to comply with the regulations results in expulsion of the individual. He cautioned that under the ordinance, as proposed, these activities would no longer be allowed. He further noted that hunter safety classes would also be in jeopardy. Mr. Weigand stated that he feels a weapons ban might be appropriate where the court . system is housed; however, he feels that the broad ban being considered could be He then encouraged the Commission to accept more public input before counterprod uctive. acting on the proposed ordinance. Responding to Commissioner Frost, Mr. Weigand stated that people are not allowed to have loaded guns at gun shows because they tend to be congested; and organizers wish to avoid potential problems. City Attorney Luwe stated that this ordinance does not prohibit displays or gun shows in either City buildings or parks. Commissioner Frost noted that the purpose of the ordinance is to protect the health and safety of City employees and the public. He recognized that this is Montana and that people like to hunt; and he feels it would be appropriate to exempt hunting rifles in locked . vehicles on public property. He noted that the definition of "weapon" includes knives with blades over four inches; and that type of knife is often carried by both hunters and contractors. He indicated that Commissioners need an opportunity to review the ordinance closely before acting on it. Commissioner Youngman stated she feels that adopting some version of the ordinance to protect employees and the public is appropriate. She noted that, during the brief time she has had to review the ordinance, she has found some items that need revision; and she recognized that the ordinance can either be provisionally adopted now and then revised prior to final adoption, or the Commission could delay adoption until after it has had an opportunity to more closely review and revise it. . Commissioner Rudberg expressed concern over the enforceability of this type of ordinance. She also questioned whether the Commission is overacting to recent incidents, particularly in the Jordan area. She stressed her interest in protecting the employees; however, she feels it would be appropriate to delay adoption of this ordinance until after the Commissioners have had an opportunity to review it and accept public comment. 04-01-96 ------- -- -.-----..- . __...._ _"..__n - 1 5 - Commissioner Stiff stated he has not had an opportunity to review the ordinance since the Commissioners received it just prior to the meeting; and he wants the opportunity to do so before acting on it. Mayor Stueck stated he shares Commissioner Frost's concerns about the fact that . this ordinance prohibits a gun in a locked vehicle in a parking lot for a City-owned building. He recognized that if this issue could be addressed through an exemption, then some of his major objections would be alleviated. City Attorney Luwe stated that he can address the concerns which have been raised through amendments to the ordinance. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission table action on this ordinance until the April 15 meeting. 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. . Approval of loan from CDSG Revolving loan Fund monies. per recommendation from Community Affordable HousinQ Advisory Board City Manager Wysocki reminded the Commission that these items had originally been listed under Consent Items but had been removed for discussion. Included in the Commissioners' packets was information pertaining to both this agenda item and the following agenda item. Ms. Caren Couch, contracted staff person for the Community Affordable Housing Advisory Board, stated that the Board received two requests for funding; and the Board has recommended approval of both. She briefly highlighted the Board's recommendations, which include a loan to Reach, Inc., in the amount of $50,000, at no interest for twenty years, for a new home for low-income disabled persons; and a loan to Interfaith, in the amount of . $25,000, at no interest for thirty years, to help fund purchase of 1.5 acres upon which to construct 12 apartment units for low and very low-income persons. She stated that additional funding sources for these projects could include CDBG and HOME grants for the Interfaith project and a County-sponsored lOR bond for the Reach project. 04-01-96 - 16 - Mr. Rob Tallon, Director of Reach, Inc., stated that Reach has been assisting disabled individuals for the past 22 years. He noted that the house at 308 South 13th Avenue is in need of costly repairs, including addressing many code problems and accessibility issues. He stated that, rather than trying to upgrade the house, they have decided it would be better to . sell the existing home and construct a new home. He stated that they purchased property in Valley Creek Subdivision two years ago and, since that time, have tried unsuccessfully to get CDSG funds to assist in construction of the home. He noted that they are now pursuing the issuance of lOR bonds through the County. Mr. Tallon estimated that the entire project will cost $458,000; and Reach will spend $200,000 of its own money while borrowing the remainder. He stated that, through borrowing $50,000 at 0 percent from the CDSG Revolving Loan Fund, they will save an anticipated $50,000 in interest over the course of the project. Commissioner Stiff stated that, because of concerns he encountered after reviewing the plans and the costs, he contacted Mr. Tallon this morning with several questions. He noted that, based on a 3,889-square-foot building at $75 per square foot, the costs do not calculate . to the total projected for the project. Mr. Tallon responded by roughly estimating the costs involved, which include contingency, architectural services and landscaping. He stated that, given the size of the lot and the landscaping requirements within this subdivision, the landscaping costs will be quite high. Commissioner Stiff expressed concern about loaning these monies at no interest, noting that when the City does so, it actually decreases the amount available for future loans. He suggested, rather, than a nominal interest rate should be charged whenever possible to protect this source of funding. Mr. Tallon recognized that the Commission must make the final decision; and then he must calculate the impacts of that decision to determine whether it is beneficial for his . organization to accept the terms. He noted that if interest is charged, the benefit of borrowing these monies is decreased accordingly. Responding to Commissioner Rudberg, Mr. Tallon stated that there are eight clients living in the house on South 13th Avenue; and the new home will be constructed to 04-01-96 ---------.---.....-- -... _ _n_____ __ - 17 - accommodate eight clients. He noted that, while it is anticipated all of the residents will relocate, there is not guarantee that will occur. Rev. Glover Wagner, President of Interfaith Housing II, forwarded their proposal. He stated that the Community Affordable Housing Advisory Board has recommended approval of . a $25,000 loan at 0 percent interest to help fund acquisition of a 1.5-acre parcel of land on which 12 units of low-income housing and a 20-unit head trauma facility are to be constructed. He noted that four units of the housing are to be made available to those who are ready to move from the head trauma center, if housing units are open. Rev. Wagner stated that the purchase price of the land is $125,000; therefore, $100,000 would need to be raised by the churches involved if this loan is approved. He noted that they have a balance of $17,000 in the accounts for both housing projects; and they have applied to United Way for financial assistance. He stated that Interfaith must commit to purchasing the land by September; however, the success of applications for CDBG and HOME monies will not yet be known. Rev. John Plummer, member of the Board, stated that the first step in Interfaith . Housing II is to acquire the land, after which they will proceed with obtaining City approval for the structures. He noted that the commitment to purchase the land must be made by the end of September; however, closing on it will not occur until sometime between October 1 and December 31 . He recognized that, because of this timing, they will not know if the land will be acquired by the September 16 deadline for submittal of the grant application to the State. He then indicated that preliminary discussions with representatives at the State Department of Commerce about this project have been positive; and those individuals are eager to see the grant application. Mr. Rob Burda, architect working on the Interfaith II housing project, showed the Commission a small scale conceptual drawing of the proposed development. He stated that . a head trauma unit is proposed on one end of the site, with a large landscaped area and parking lot in the center and 12 units of low-income housing units on the other end of the site. Responding to questions from Commissioner Stiff, Rev. Plummer stated that under this proposal, Interfaith will purchase the 1 % acres of land if it can successfully raise the monies. He stated that the head trauma center would be constructed by a separate corporation; and that corporation would reimburse Interfaith for a proportionate share of the 04-01-96 --------- ---" ----. - 18 - land costs. He stressed the importance of recognizing that the head trauma center and the low-income housing units are two separate uses proposed for the same parcel of land. He also noted that those who are ready to move from the head trauma center must compete, on equal footing, with others for the rental units available. He indicated that four of the housing units . are to be handicapped accessible; and those are probably the units for which the head trauma patients would compete. Commissioner Stiff reiterated his concern about loaning monies from this fund with no interest because of the negative impact it has on the future use of the fund. He noted that after these two applications are funded, there will be no monies remaining in this fund until repayments generate a new balance with which to work. He suggested that a low interest rate that equals the inflationary rate would help to maintain the integrity of the fund and should not negatively impact any application to the point that it becomes not viable. Rev. John Plummer stated a willingness to accept a 4-percent interest rate on the $25,000 loan. Commissioner Stiff also expressed concern about the 30-year payback on this loan, . particularly since it is for only $25,000. Rev. Plummer concurred that a 30-year payback seems long and noted that a 20-year payback could be accommodated within their cash flow. Mayor Stueck thanked Interfaith for their efforts, noting that they and Habitat for Humanity have taken an active role in attempting to address the low-income housing needs of the community. Responding to Commissioner Rudberg, Assistant Planning Director Arkell stated that when the City sponsors a CDBG application for a specific project, it may choose whether to grant or loan those monies to the applicant. She noted that the City has granted the monies from the last several applications; therefore, the Revolving Loan Fund has not continued to build. She recognized that the City will probably not obtain the same type of grant that has . been used to create the Revolving Loan Fund because owner-occupied rehabilitation projects are minimal at this time; however, that possibility does exist. Responding to questions from Commissioner Rudberg, Commissioner Stiff stated that Assistant Finance Director Peg Biekert is preparing information on the flow of repayments into the Revolving Loan Fund; and it should be available in the near future. 04-01-96 - - ----- ..-- - .--- . .--. ---- .. ..- - - 19 - Commissioner Stiff stated appreciation for Interfaith's willingness to accept a 4- percent interest rate. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve a $50,000 loan from the Community Development Block Grant . Revolving Loan Fund to Reach, Inc., at no interest for a period of twenty years, as recommended by the Community Affordable Housing Advisory Board. 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. Approval of loan from CDBG Revolving Loan Fund monies. per recommendation from Community Affordable HousinQ Advisorv Board City Manager Wysocki noted that this item was discussed in the previous agenda item. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that . the Commission approve a $25,000 loan from the Community Development Block Grant Revolving Loan Fund to Interfaith Housing II, at no interest for a period of twenty years, as recommended by the Community Affordable Housing Advisory Board. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner Frost; those voting No being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck. It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the Commission approve a $25,000 loan from the Community Development Block Grant Revolving Loan Fund to Interfaith Housing II, at 4 percent interest for a period of twenty years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman, Commissioner Frost and Mayor Stueck; . those voting No, none. Recess ~ 5:55 p.m. Mayor Stueck declared a recess at 5:55 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. 04-01-96 ~ 20 - Reconvene - 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. . Public hearina - application for tax reduction for expandina industrv. pursuant to Section 15-24-1402. M.C.A.. and Commission Resolution No. 2660 - Color World of Montana, Inc. This was the time and place set for the public hearing on the application for tax reduction for expanding industry, as requested by Color World of Montana, Inc., and as set under Commission Resolution No. 3106, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3106 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 FOR TAX REDUCTION UNDER SECTION 15-24-1401. ET SED, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Mayor Stueck opened the public hearing. Commissioner Youngman announced that she will abstain from participating in . discussion and voting on this agenda item to avoid the appearance of a conflict of interest. Mr. Mike Burgard, Vice President, Finance for Color World, stated that his letter dated January 18, 1996, which was submitted with the application form, provides all of the information regarding this request. He then indicated a willingness to respond to questions. Mr. Bob Graff, President of Artcraft Printers, Inc., briefly highlighted the contents of his letter dated April 1 , a copy of which has been distributed to the Commission. He noted that Color World previously applied for, and received, a tax reduction with no demonstration of public benefit. He noted that Color World is now seeking a tax reduction on equipment which it has had in place for approximately a year, and which is the standard type of electronic equipment that all commercial printers in Montana use. Mr. Graff stated that he has monitored applications for tax reductions throughout the . State; and many of those applications have been denied because the applicant could not demonstrate positive results, such as increased employment. He noted that in this instance, the only benefit seems to be to the applicant; and encouraged the Commission to deny the application. 04-01-96 __..._..._ __"_0'."'_'-. .___,. _ _._....-.. ._ .-..--------- -.- -- ---. .----.----.. - 21 - Responding to Commissioner Rudberg, Mr. Burgard stated the copy of the news article attached to Mr. Graff's letter pertains to a contract which Color World received after its last tax abatement was approved. He stated that the life span of a computerized system is three to five years; and under this application, the old computerized equipment which was . purchased six years ago is being replaced by more modern hardware and software. Mayor Stueck noted that the only other application for tax reduction upon which he has acted involved a business with no similar businesses in this area. He noted the issue of unfair advantage has been raised in this instance; however, he noted that this program is available to anyone who wishes to take advantage of it. Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the requested tax reduction. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Commissioner Youngman abstained. City Attorney Luwe announced that staff will bring back a resolution as soon as . possible to complete this process. Continued Dublic hearina - Master Plan Amendment - chanae land use desiQnation from Rural Residential Node to Business Park/Industrial - Holly Brown for Jack & Vanessa Germeroth and James & Doris Ferguson ~ 17.38 acres located in Section 17 , T2S, R5E, MPM (5391 & 5393 Gooch Hill Road and 8474 Huffine Lane) (P-9550) This was the time and place set for the continued public hearing on the Master Plan Amendment requested by Holly Brown for Jack & Vanessa Germeroth and James & Doris Ferguson, under Application No. P-9550, to change the land use designation from Rural Residential Node to Business Park/Industrial on 17.38 acres located in Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 5391 and 5393 Gooch Hill Road and 8474 Huffine Lane. . Mayor Stueck opened the pUblic hearing. City Manager Wysocki entered into the record a letter from Holly Brown, attorney representing the applicants, to Associate Planner Dean Patterson, dated March 7, 1996, withdrawing this application for Master Plan Amendment. 04-01-96 -.- ------------..-...----.....--..... - 22 - It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission acknowledge receipt of the letter of withdrawal. 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. . Continued public hearing - Zone Map Amend ment - "AS" to "M-1" - Hollv Brown for Jack & Vanessa Germeroth and James & Doris Ferguson - 17.38 acres located in Section 17 , T2S, R5E, MPM (5391 & 5393 Gooch Hill Road and 8474 Huffine lane) (Z-95151) This was the time and place set for the continued public hearing on Zone Map Amendment requested by Holly Brown for Jack & Vanessa Germeroth and James & Doris Ferguson, under Application No. Z-95151, to change the zoning designation from "AS", Agricultural--Suburban, to "M-1", Light Manufacturing, on 17.38 acres located in Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 5391 and 5393 Gooch Hill Road and 8474 Huffine Lane. Mayor Stueck opened the public hearing. City Manager Wysocki entered into the record a letter from Holly Brown, attorney . representing the applicants, to Associate Planner Dean Patterson, dated March 7, 1996, withdrawing this application for Zone Map Amendment. It was moved by Commissioner Frost seconded by Commissioner Youngman, that the Commission acknowledge receipt of the letter of withdrawal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Public hearing - proposed Ordinance No. 1419 - establishing six-month moratorium on applications for conditional use permits for casinos Included in the Commissioners' packets was a copy of proposed Ordinance No. 1419, . entitled: ORDINANCE NO. 1419 AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR A SIX-MONTH MORATORIUM ON SUBMISSION AND APPROVAL OF CONDITIONAL USE PERMITS FOR CASINOS WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY DUE TO THE PROllFERA TION OF SUBMISSION OF 04-01-96 --.--.----- ---------.-..-- . - 23 - CONDITIONAL USE PERMIT APPLICATIONS FOR CASINOS UNDER INADEQUATE ZONING PROVISIONS. Mayor Stueck opened the public hearing. Ms. Debbie Bjelland, 3009 Secor Avenue, stated the increase in gambling casinos and activities is staggering and, unfortunately, the increase in compulsive gambling is equally . staggering. She confessed that she is a compulsive gambler, from a middle class family and with a college education, who has lost her family to this addiction. She noted that local governments receive a significant amount of revenue from this source; and they should set aside some of those funds to assist those who require treatment and counseling. Ms. Bjelland encouraged the Commission to approve this moratorium, limiting the places where gambling is available as much as possible. She also suggested that the casino owners should take some responsibility, monitoring those who are compulsive gamblers. Ms. Sandra Smiley, 618 South 14th Avenue, stated that as a social worker for over twenty years, she has worked with those addicted to gambling. She noted that many people gamble away all of their resources, including social security and vocational rehabilitation . checks; and she has recently seen the developmentally disabled fall into the same trap. She encouraged the Commissioners to adopt this ordinance, establishing a moratorium. Mr. Jim Livermore, 305 Eighth Street, Belgrade, stated that men encounter problems with gambling addictions, too. He noted that he is actively involved in the gamblers anonymous program in Bozeman, which started its operation in November. At the present time, ten to twelve people attend on a regular basis; and he characterized that as the tip of the iceberg. He stated that gambling and alcohol had controlled his life, leading to a divorce. He concluded by encouraging the Commission to approve the moratorium. City Manager Wysocki entered into the record a letter of support from Mr. Don Bachman, 109 North Broadway Avenue, dated March 25, 1996. No one was present to speak in opposition to the proposed moratorium. . Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Rudberg stated she has received more input on this issue than any other. She emphasized the importance of recognizing that she is not addressing this as social behavior; rather, she feels it is time to review the zone code in a comprehensive manner to see 04-01-96 ---- - - 24 - if it needs to be revised prior to acting on more applications for casinos. She suggested that, to accomplish this, it might be beneficial to appoint a task force to look at all relevant issues. Commissioner Stiff stated concurrence with Commissioner Rudberg's comments. Responding to Commissioner Youngman, City Attorney Luwe stated that an . emergency interim zoning ordinance may not be for a period longer than six months. He noted that if the Commission needs more time to complete the zone code review and amendment process, it may enact an ordinance through the normal procedures to provide the additional time needed. Commissioner Youngman indicated she is supportive of the moratorium. City Attorney Luwe cautioned the Commission that it is very limited on how it can limit casinos. He noted that they may not be prohibited within city limits, although they could be limited to certain areas. He also noted that the Commission may not limit the form of gambling. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission adopt Ordinance No. 1419, an emergency interim zoning ordinance providing for a six-month moratorium on applications for conditional use permits for casinos. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Public hearinQ - appeal of City-County Planning Board decision on maior site application to allow construction of 37 .90 1-sQuare-foot, 69-unit Hampton Inn Motel - Carl Tanae, Jr., (Z-95133) This was the time and place set for the public hearing on the appeal of the City- County Planning Board decision on the major site plan application, as requested by Carl Tange. . Jr., under Application No. Z-95133, to allow construction of a 37 ,901 ~square-foot, 69-unit Hampton Inn Motel on Block 3, Tange's Addition. The subject property is more commonly located at 75 Baxter Lane. Mayor Stueck opened the appellate hearing, and reviewed the process for this type of hearing. 04~01-96 .~---- .- - 25 - Assistant Planning Director Debbie Arkell presented the staff report. She stated that on September 26, 1995, Mr. Tange made application for the subject motel. She noted that this application included the creation of an artificial lot just large enough to accommodate the proposed motel plus required parking spaces and landscaping. The remainder of the twenty- . acre parcel will remain in open space at the present time. She noted stated that no traffic analysis on the impacts to the intersection of North 7th Avenue and Baxter Lane was included in that application, although it was one of the items identified during a pre-application review. She noted that a traffic analysis was subsequently prepared by Morrison-Maierle and was submitted on January 19, 1996. The review process began shortly thereafter and, following its public hearing on March 5, the Planning Board approved the application, subject to 22 conditions. She stated that at that time, Mr. Tange was informed of the appeal process; and on March 8, he filed the documented appeal. Assistant Planning Director Arkell reviewed the four items being appealed, which are as follows: 1 . Condition No. 17. This condition requires the water main . extension be adequately looped with the City's water system; the applicant proposes to construct an approximate 1,1 OO-foot-Iong dead-end water line to the site. 2. Condition No. 15. This condition requires all public infrastructure improvements be substantially complete before a building permit is issued; the applicant proposes to begin construction of the motel when final design of the water and sewer systems is complete, thus construction of both the infrastructure and motel would be done at the same time. 3. Waiver of the impact fees. This item is not the subject of any conditions attached to the Planning Board's approval and, therefore, cannot appropriately be considered. Further, appeal of impact fees is subject to a different hearing process under a different section of the Bozeman Municipal Code. 4. Condition No.8. This condition requires that the applicant submit a specific plan to eliminate left-turn movements onto North 7th Avenue from Baxter Lane and if, six months after installation of traffic signal lights at the 1-90 on and off ramps and construction of West Oak Street between North 7th Avenue and North 19th . Avenue, the Montana Department of Transportation determines the improvements are needed, the applicant is to install the improvements. The applicant does not believe that he should be required to install the improvements since the problems already exist and the new motel has not yet been constructed. The Assistant Planning Director stated that the water main in Baxter Lane currently ends at the Holiday Inn and, under the conditions, the applicant would be required to extend 04-01-96 - 26 - the water main from there to the subject location and then south to the new water main in West Oak Street. She stated that the estimated cost to extend the water main from the Holiday Inn to the new Hampton Inn site is $35,000; and to loop the line back to West Oak Street is an additional $80,500. She noted that the installation of infrastructure improvements . is required prior to issuance of a building permit to ensure that utilities are extended to the building prior to its occupancy. She also emphasized the importance of water for fire protection during construction. The Assistant Planning Director briefly reviewed the proposed improvements to be made to the intersection of North 7th Avenue and Baxter Lane, if those improvements are determined necessary. She noted that it involves the installation of a curb extension from the median, in what is referred to as a "t-bone", which allows for left turns from North 7th Avenue onto Baxter Lane but precludes left turns from Baxter Lane onto North 7th Avenue. Assistant Planning Director Arkell reminded the Commissioners that they may consider only the public record from the public hearing before the City-County Planning Board and any evidence relevant to the grounds of appeal. She noted that once this hearing is closed, the . Commission must either uphold, overturn or modify the decision of the City~County Planning Board. Mr. Carl Tange, applicant, stated he is attempting to develop a portion of the property which he has owned for over forty years. He stated that he ran a resort in California for over 25 years; and that included operating a water system, sewer system, roads and security people for a community of as many as 6,000 people. He stated that the water system was not looped; and the samples were taken every week to ensure the quality of the water. He stated that problems with degradation were not encountered except when the campground was not being used. He forwarded his support for the policy that the water system be looped, noting it is a good basic policy. He suggested, however, that when the looping places an undue . hardship on the property owners and when it is evident that construction in the area will result in extension of the water mains within the next few years, there should be a mechanism for delaying the requirement for looping. Mr. Tange briefly addressed the elimination of left turns from Baxter Lane onto North 7th Avenue. He recognized that the proposed improvements are not very costly. He stated, however, that he does not believe he should be required to bear the entire cost of those 04~01-96 . -.- .-..... .._.n _.____ - 27 - improvements since the intersection is already operating at an unacceptable level of service, without the construction of the Hampton Inn. Mr. Tange forwarded his proposal that the building permit be issued when the plans for the water and sewer service extensions have been approved. He noted that this would . allow for construction of the water and sewer extensions and the building to begin at the same time, thus shortening the construction time. He noted that if the water and sewer improvements are to be installed before the building permit is issued, it will be another whole year before the motel is in operation. No one from the public was present to speak. Since there were no Commissioner objections, Mayor Stueck closed the appellate hearing. Responding to Commissioner Rudberg, Mr. Tange stated that his $80,000 estimate for looping of the water main from the subject site to West Oak Street is based on the figures contained in the report from Morrison-Maierle for an 8-inch water main. Responding to Mayor Stueck, Director of Public Service Forbes stated the minutes . from the latest Transportation Commission meeting reflect that the installation of traffic signals at the on ramp and off ramp are included on the May letting list. Mayor Stueck stated he agrees with the appellant on the issue of installing a traffic control device at the intersection of North 7th Avenue and Baxter Lane to eliminate left turns; rather, he feels the Montana Department of Transportation should address the issue. He noted that earlier today, the Commission concurred that another project should be required to loop its water system, at a substantially longer length than is involved in this application. He further noted that if the applicant installs the looped line at this time, he can seek a provision for pay backs from anyone who connects to that line in the future and thus recoup some of those costs. He noted that requiring the installation of water and sewer services prior to construction . of the building is a standard requirement. He indicated a willingness to consider allowing construction of the building to begin sooner, possibly when the water and sewer lines are 50 percent installed. He suggested that under that scenario, the water and sewer lines should be complete one or two months before the building is. He recognized that the waiver of impact fees is not appropriately addressed at this time. 04-01-96 ..-- .-.-- - 28 - Commissioner Frost stated he feels the water line should be looped. He recognized that a compromise could possibly be reached on when construction of the building may begin in relationship to the installation of water and sewer lines; however, he recognizes that the water service should be available for fire protection during a majority of the building . construction. He then indicated support for Mayor Stueck's position on the intersection of North 7th Avenue and Baxter Lane. Responding to Commissioner Frost, Director of Public Service Forbes stated that, in practice, a water service is considered substantially complete when it is charged, holds pressure and has passed the tests. He noted that a sewer service is considered substantially complete when it has passed all of the drainage tests. Commissioner Youngman recognized that problems already exist at the intersection of North 7th Avenue and Baxter Lane. She noted, however, that the addition of another motel will make the situation even worse and the applicant should, therefore, bear a proportionate share of the costs. She indicated concurrence with the other Commissioners on the remaining items. . Commissioner Rudberg stated her support for looping of the water main and requiring that the water and sewer services be substantially complete before construction of the building begins. She noted that the applicant should not be required to install the improvements at the intersection; however, she suggested that if he is required to participate, then the other businesses in that immediate area should also be required to do so. Commissioner Stiff stated he supports looping of the water main and installation of the water and sewer lines before construction begins. He then indicated that the applicant should be required to bear a portion of the costs for installing improvements at the intersection of North 7th Avenue and Baxter Lane, but not all of the costs. Responding to comments from the Commission, Assistant Planning Director Arkell . stated that the traffic report suggests that the Hampton Inn should increase the traffic on Baxter Lane by approximately 10 percent. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission modify the City-County Planning Board's decision on the major site plan 04-01-96 - -------.----- - 29 - application, as requested by Carl Tange, Jr., under Application No. Z-95133, to allow construction of a 37,901-square foot, 69-unit Hampton Inn Hotel on Block 3, Tange's Addition, by amending Condition NO.8 to read as follows: As the Montana Department of Transportation agrees with the findings of the applicant's traffic study that the elimination of left-turning movements . onto North 7th Avenue will allow the intersection of North 7th Avenue and Baxter Lane to function at an acceptable Level of Service, the applicant shall submit a specific plan to the Montana Department of Transportation and the City of Bozeman depicting how the findings are to be implemented. A minimum Level of Service of "C" must be provided. The final implementation plan is subject to the review and approval of the Montana Department of Transportation and the City of Bozeman, and must be obtained prior to final site plan approval. The construction of the intersection improvements shall be delayed until six months following the completion of the installation of traffic signal lights at the 1-90 on and off ramps on North 7th Avenue and the construction of West Oak Street from North 19th Avenue to North 7th Avenue. If the Director of Public Service of the City of Bozeman and the Montana Department of Transportation determine at that time that the above-required improvements to the intersection of North 7th Avenue and Baxter Lane are not needed, this condition will be waived. If it is determined that the improvement to the intersection is necessary to obtain a Level of Service "C", then the previously-approved improvements will be constructed within a reasonable time. The applicant shall bear ten percent (10%) of the costs of those improvements. . 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. 1418 - revisinQ Chapter 3.24 of the Bozeman Municipal Code. re impact fees Included in the Commissioners' packets was a copy of Ordinance No. 1418, as approved by the City Attorney, entitled: ORDINANCE NO. 1418 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1414, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 3.24.010. 3.24.040, 3.24.050, 3.24.060. 3.24.070. 3.24.080, 3.24.090, 3.24.100 AND 3.24.110; . PROVIDING FOR REVISIONS TO DEFINITIONS; REVISIONS TO EXEMPTIONS TO STREET IMPACT FEES, FIRE PROTECTION IMPACT FEES, WATER IMPACT FEES AND WASTEWATER IMPACT FEES; REFUNDS OF DEVELOPMENT FEES PAID; AND EST ABLlSHING A DEVELOPMENT IMPACT FEES REVIEW COMMITTEE. Mayor Stueck noted that the Commissioners did not receive the revisions to this 04-01-96 -.......--- ---.--- -.-..-- - 30 - ordinance until just prior to the Commission meeting; and no Commissioner has had a chance to review it. Associate Planner Chris Saunders asked that the Commissioners address the questions raised in Planning Director Epple's memo, which was distributed to the Commission. . He noted that staff is seeking clarification regarding the exemption of up to a 20~percent expansion, or 2,000 square feet, for a non-residential building. He provided three scenarios, noting that they represent three different interpretations forwarded by staff members during development of the implementation policy. Following discussion of those scenarios, City Manager Wysocki suggested that the ordinance be amended to provide for a one-time exemption to allow expansion of up to 20 percent, or 2,000 square feet, with no impact fees assessed. He stated that after that one- time exemption is used, then all future expansions will be subject to impact fees. He also noted that if the first expansion exceeds 20 percent or 2,000 square feet, the impact fees will not be applied to the portion of the expansion which is eligible for exemption; but impact fees will be assessed on the remainder. . Commissioner Frost stated that, as long as everyone is treated the same, he feels the exemption is appropriate. Commissioner Youngman suggested that the Commission provisionally adopt the ordinance as it has been submitted, recognizing that the needed revisions can be made prior to final adoption. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission provisionally adopt Ordinance No. 1418, amending Chapter 3.24 of the Bozeman Municipal Code, pertaining to impact fees, 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 Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner . Frost and Mayor Stueck; those voting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Arbor Day" - April 26. 1996 04-01-96 - 31 - Commission Resolution No. 3110 - des!gnating Clerk of the commission as Records Manager for the City COMMISSION RESOLUTION NO. 3110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA. SUPPORTING THE DEVELOPMENT OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY AND DESIGNATION A RECORDS . MANAGER. Authorize expenditure of $7.747.71 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period October 1. 1995 throuah December 31. 1995 Approval of loan from CDBG Revolvina Loan Fund monies. per recommendation from Community Affordable Housina Advisory Board Authorize City Manager to sign - Architectural Services Agreement with Georae Mattson - expansion of Senior Center Ratify Actina City Manaaer's signature - Utilities Aqreement with Montana Department of Transportation - West Oal< Street between North 7th Avenue and North 19th Avenue Award bid - Bozeman Creek Water Supply line Replacement - Johnston Excavating. Inc.. Bozeman. Montana - $81.650.12 e Claims It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Invitation to attend a tub grinder demonstration at 2:30 p.m. on Thursday. . April 11, at the Landfill. (2) Letter from the American Red Cross, dated March 1996, reviewing its accomplishments over the past year. (3) Letter from Rev. Richard Crow, Temple Baptist Church, dated March 28. 04-01-96 --..-.---- - 32 - expressing concern about allowing dogs in the cemetery and allowing its use as a recreational site. (4) Copy of the press release format that will be used this summer for the Bozeman Traffic Watch Program. . (51 Agenda for the Development Review Committee meetin g to be held at 10:00 a.m. on Tuesday, April 2, in the Commission Room. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 2, at the Courthouse. (7) The City Manager expressed concern about all of the additional items which the Clerk placed on the Commissioners' desks just prior to the meeting because they had arrived after the deadline and pertained to items on today's agenda. He noted that trying to copy items received at the last minute places a burden on the Clerk's office. City Attorney Luwe noted the Commission had previously agreed that items received after public hearings have been closed are to be marked "late submittal" and are not to be distributed until after the decision has been made. He noted, however, that the Commission . has not given staff direction to withhold information received between the deadline and meeting time; therefore, staff has no authority to do so. (8) Commissioner Frost noted that last week, the Commission received a presentation from the Chair of the Cemetery Board, at which time allegations were made about the balance in the Cemetery Perpetual Care Fund. He stated that a review of the City's financial statements for the past fifteen years showed that the monies have been appropriately handled; that the balance in the Fund does not reflect the suggested transfers; and that the interest from the Fund is transferred annually to the General Fund to offset the operating costs at the Cemetery. Commissioner Frost stated that similar comments were also made at the Study Commission meeting. He expressed concern that this type of comments, made by someone . who is disgruntled, are often accepted at face value rather than being challenged. Discussion - proposed letter from Mayor to boards and commissions; revised application for boards and commissions Mayor Stueck noted that the draft letter and revised application form were discussed 04-01-96 - 33 - at last week's meeting. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the draft letter from the Mayor to the boards and commissions and the revised application for boards and commissions. The motion carried by the following Aye and . No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being Commissioner Rudberg. Adiournment - 8:47 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. c!J~ C /3fi:-n ..,A:. . ATTEST: DON E. STUECK, Mayor ~;/~ ROBIN L. SULLIVAN Clerk of the Commission . 04-01-96