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HomeMy WebLinkAbout1995-06-19 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 19, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 19, 1995, at 3:00 p.m. Present were Mayor Pro Tempore Stueck, Commissioner Youngman, Commissioner Stiff, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Vincent was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - June 5 and June 12. 1995 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . minutes of the meetings of June 5 and June 12, 1995, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Decision - authorize City Manaaer to sign Aareement for Extension of Sewer Service between City and Mountain Mobile Estates (formerly Kountz Mobile Home Park) City Manager Wysocki distributed the latest draft of the proposed agreement to the Commissioners, noting that several revisions have been made. He further noted that Ms. Holly Brown, attorney representing the applicant, has forwarded requests for additional changes to be incorporated into the agreement. . Ms. Holly Brown, attorney representing Mr. Don Alderson, owner of the Mountain Mobile Estates (formerly known as Kountz Mobile Home Park), forwarded her requested changes for Commission consideration. She suggested that No. 5(c), pertaining to the westernmost access, be revised to read "... the westernmost access road shall be improved to meet City requirements for emergency and maintenance purposes." She stated that this language would 06-19-95 . --- _.._________ .u._ - 2 - ensure that the City's concerns are met while providing the flexibility not available under the current language, which requires either looping with the other roads or installing a turn-around area. Ms. Brown addressed NO.9 next, which requires that the applicant provide a 50-foot . road and utility easement along the east property line for future extension of Ferguson Avenue. She expressed concern that this would effectively eliminate the 18 mobile home lots along that side of the mobile home park because there is no way to reconfigure the spaces so that none are lost if a 50-foot-wide strip is removed from the usable space. She asked that this condition be amended to allow for addressing of the easement in conjunction with the annexation process rather than with this sewer connection process. She then noted that the adjacent property, which is owned by Montana State University, is currently vacant. She stated that, while her client has not approached MSU to date, it may be possible to reach an agreement under which the road alignment is shifted slightly to the east so that the impacts on the existing mobile home park are minimized. City Manager Wysocki stated that staff agrees with the proposed change on No. 5(c). . He stated, however, that No.9 is a key provision in the agreement must be resolved before the agreement can be finalized. He noted that, from the staff's perspective, it is preferable to have the issue resolved prior to allowing connection to City sewer service, since plans for completion of the annexation process are indefinite. The City Manager stated that in No.1 0, reference to the size of steel casing should be eliminated, so that it reads"... the Owners shall either construct a steel casing sleeve, properly sized, ... " Ms. Holly Brown asked that in No. 11, the language should be changed to read "". comply with conditions 1-8, except for 3. in accordance with the City Commission's decision on April 4, 1994." She noted that No. 12, regarding the installation of water meters, is of concern to her client because the cost of installation is unknown. She also asked that No. 14 . be amended to delete references to "low and moderate income" and "trailer park". She noted that what were formerly referred to as "trailers" are now referred to as "mobile homes"; and. due to the nature of the subject park, it will remain a site for low and moderate income residents. She requested that reference be made to the existing commercial site within the 06-19-95 ~ - 3 - mobile home park and that, through that acknowledgement, a commercial use of that site be allowed to continue. Ms. Brown then requested that a new item be created, or possibly an existing one expanded, to provide that if annexation occurs within six years, an acceptable interim method . of providing water for firefighting purposes be allowed until connection to City water service is complete. She stated that a minimum of six years is needed for her client to recover from the costs of installing sewer service; and this would help to ensure that cost recovery period is provided. City Manager Wysocki stated the proposed language change in No. 11 is acceptable to staff. He then forwarded the estimated cost of installing water meters is $2,000 to $2,500 per meter. He also concurred with the proposed language changes in No. 14. In conclusion, he addressed the proposed addition regarding the requested delay in connection to City water service, suggesting that the end of No. 14 be revised to read"... immediately connect to City water or provide an approved temporary alternative, acceptable to the Bozeman Fire Department, at their own expense... " . The City Manager returned to No.9, reiterating his position that the road and utility easement issue must be resolved prior to connection to the City sewer. He noted that the suggestion to possibly curve the roadway into a realignment to the east would be an acceptable alternative to the City, provided the adjacent property owner is willing to accept the shift in road alignment. He then recommended that the Commission authorize City staff to work with the owners' representative in an effort to complete the agreement, with the final document to be submitted to the Commission for review at the July 3 meeting. He suggested that if all of the issues can be adequately resolved, the applicant could proceed with the necessary steps for connection to City sewer. Responding to Commissioner Stiff, City Engineer Craig Brawner stated that Ferguson Avenue north of US Highway 191 is centered on the half-section line. . Commissioner Frost expressed concern about the fact that the Commission has just received another revised draft of the agreement, with several revisions and new conditions added. At his request, staff once again reviewed the proposed revisions to the draft which was distributed just prior to the meeting. 06-19-95 - --- - 4 ~ Responding to Commissioner Stiff, Mr. Jay Springer, consulting engineer representing the applicant, stated that there are three wells at the mobile home park, only two of which are being used. He indicated that the third well will not be used unless the demand for water increases substantially; and he does not anticipate that occurring. . Responding to Commissioner Frost, the City Manager stated that the City has annexed without providing City water service in the past, citing the Burrup Annexation as an example. He also reminded the Commission of the discussions encountered when water mains were recently extended to that annexation. Responding to additional questions from Commissioner Frost, Ms. Brown emphasized that her client is not asking to be exempted from the requirement to connect to City water in conjunction with annexation; he is simply trying to establish a minimum six-year recovery period from the costs associated with connecting to City sewer. She further recognized that this limit applies only if the water from the wells remains potable. She noted that if the wells become fouled for any reason, her client recognizes that emergency action will be necessary. Commissioner Youngman noted that the applicant would be allowed to continue using . the property involved in the road and utility easement until such time as Ferguson Avenue is extended. Ms. Brown responded that she is aware of that intent; however, she also recognizes that the road extension could occur in the near future if some development of the vacant property along the south side of US Highway 191 were to occur. Commissioner Youngman noted that in one of the previous drafts, a parenthetic expression about the water hook-up was included, but it has been deleted in the latest draft. She suggested that it be added back into the latest draft. Commissioner Stiff asked that the Commissioners receive copies of the final agreement as soon as it is completed, so they have more time to review it. . City Manager Wysocki stated that staff has attempted to move this item forward as quickly as possible, particularly in light of the fact that the applicant is working under a deadline from the State of Montana Department of Health and Environmental Sciences. Ms. Brown thanked the City staff for working with her client in an effort to resolve the existing problems. 06-19-95 - 5 - It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the tentative draft with the changes to Nos. 5c, 9, 10, 11 and 14 as discussed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore . Stueck; those voting No, none. Reauest to reconsider application for variances from Sections 18.30.050 and 18.50.060.C.1.. Bozeman Municipal Code. to allow building to encroach into front yard and side vard setbacks on Lots 7-11. Block 1. Springbrook Addition - Joe Sabol for Ileana Indreland. Michael Delaney and Delaney & Company. Inc. (707 West Main Street) City Manager Wysocki reminded the Commission that, included in last week's packet, was a memo from City Attorney Luwe, dated June 9, forwarding correspondence regarding the subject application, including a letter dated June 2, in which Mr. Sabol requested Commission reconsideration of the application. Responding to questions from Commissioner Frost, City Attorney Luwe stated that if the Commission decides to reconsider its decision on this application for variances and conducts . another public hearing, its decision will be based on the information received during that public hearing. He noted that more variances were identified that were requested during the original consideration of this application; and the new public hearing may reveal that those issues have been addressed in other ways or may show that the need for those variances still exists. The City Manager cautioned that if the Commission decides to reconsider this application, its reconsideration must be limited to the two variances requested under the original application. Mr. Joe Sabol, attorney representing the applicant, stated he feels there is sufficient information to warrant reconsideration of the overall plan and the requested variances. He further indicated that a substantial amount of confusion seemed to exist as staff reviewed the original application and prepared the staff report; and he feels that confusion could be . substantially mitigated through the reconsideration process. He further stated that he believes his presentation before the Commission would help to alleviate much of the confusion which surrounded the previous process; and he would like to be given an opportunity to address the Commission regarding the application. He noted that, while submittal of a new application is an option, his clients prefer to pursue reconsideration of the previous application, in an effort 06-19-95 --- - - - 6 - to speed up the process and take advantage of at least a portion of this year's construction season. Commissioner Frost asked if it would be possible to pursue deviations instead of variances to accommodate the desired development of this site. . Planning Director Epple responded that, through deviations in exchange for design excellence, a 20-percent deviation to the front yard setback requirements could be considered. He noted that the variances previously requested were for ten and nine feet into the setbacks on West Main Street and North 7th Avenue, respectively; and under the deviation process, a maximum of five feet could be considered. Commissioner Frost stated that, while he feels the proposed building is beautifully designed and would be a welcome addition on that corner, the application does not meet the three criteria established by the Montana Supreme Court. He noted, rather, the application reflects a lot too small for the proposed building. He then stated his strong preference to consider encroachment into the setbacks through the deviation process rather than the variance process. . Commissioner Stiff stated he feels it would be appropriate to reconsider the application. Mayor Pro Tempore Stueck stated he also feels it would be appropriate to reconsider the variance application. He stated the proposed building design is beautiful and would be an asset to the community. He then suggested that, since the subject property is a corner lot with restricted access, he feels that the variances can appropriately be considered. Commissioner Youngman suggested that, with reconfiguration, the requested variances could possibly be lessened or even eliminated. She then stated that she does not believe that any of the primary reasons for denial of the application have changed; therefore, she cannot support reconsideration. City Manager Wysocki cautioned that the applicant's representative has suggested that clarification of the original application could result in the Commission viewing the requested . variances differently. Commissioner Youngman expressed her concern about wasting the applicant's time, particularly when it does not appear that the situation has changed substantially enough to warrant a change in the final vote. 06-1 9-95 - 7 - Planning Director Epple cautioned that redesign of the project, which seems to be the most appropriate way to proceed, cannot be considered under a reconsideration of the previous action. He then suggested that setting of a hearing on a new application might be preferable to reconsideration, particularly in light of the potential that the variances associated with the . initial application will not be approved. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission deny the requested reconsideration of the application for variances from Sections 18.30.050 and 18.50.060.C.1., Bozeman Municipal Code, to allow building to encroach into front yard and side yard setbacks on Lots 7 through 11, Block 1, Springbrook Addition. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Stiff and Mayor Pro Tempore Stueck. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission table action on this request until the July 3 meeting, when a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Stiff, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No being Commissioner Frost. Ordinance No. 1400 - amending Section 10.32.260 re maximum duration for parking in Citv- operated oarking lots Included in the Commissioners' packets was a copy of Ordinance No. 1400, as approved by the City Attorney entitled: ORDINANCE NO. 1400 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 10.32.260 OF THE BOZEMAN MUNICIPAL CODE BY REVISING THE MAXIMUM PARKING DURATION IN CITY-OPERATED PARKING LOTS. . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1400 on first reading, revising the maximum parking duration in City-operated parking lots, and that it be brought back in two weeks for final adoption on second reading. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. 06-19-95 " - - - 8 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Letter from the American Legion, Gallatin Post No. 14, dated June 14, regarding . their successful drive for funding to purchase new flags for display along Main Street and commemorative flags for the veterans' plots at the cemetery. In the letter, they aCknowledge the personal participation from Park Superintendent John McNeil and Cemetery Foreman Tim Murphy. (2) Memo from Assistant City Manager Brey, dated June 12, forwarding a complaint regarding the MSU residential parking district. (3) Copy of a request for permission to conduct a Fun Run for the Battered Women's Network on Saturday, September 16, along with comments forwarded by Police Captain Bill Kayser. The City Manager noted that he has asked staff to consider the possibility of establishing an acceptable run route, which minimizes the number of intersections at which participants . must be protected. (4) Letter of resignation from the Bozeman City Government Study Commission, dated June 15, as submitted by Sean R. Knight. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 20, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 20, in the Commission Room. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 20, in the Commission Room. (8) The City Manager submitted his weekly report, as follows. (1) Announced that . Administrative Services Director Gamradt has just returned from the Government Finance Officers' Association annual conference in Baltimore. (2) Announced that two firefighters have returned from attendance at the Fire Academy in Maryland. (3) Stated that staff is revising the disaster emergency plan for Gallatin County. (4) Stated that the Environmental Protection Agency has audited the City's sewage pretreatment program and will be submitting its findings within the next couple weeks. (5) Reminded the Commission of the City/County discussion 06-19-95 -- ..- - 9 - set for Wednesday afternoon. (6) Announced that all of the residences on North 17th Avenue which were impacted by the contaminated plume have been connected to City water service. (9) Commissioner Youngman asked that the Commission write a letter regarding the Bozeman postmark. . The Commission concurred that a letter should be written; the City Manager indicated that staff will write a letter for the Mayor's signature. (10) Commissioner Stiff stated that he attended the City-County Health Board meeting last week, at which Neighborhood Coordinator/Grantsperson James Goehrung gave a presentation on possible funding sources for the Kountz Mobile Home Park connection to City sewer service. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3065 - certifYing semi-annual assessments delinauent as of May 31. 1995. to the County . COMMISSION RESOLUTION NO. 3065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. DECLARING DELINQUENT ALL SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 1995, WHICH WERE UNPAID AS OF THAT DATE, AND RATIFYING THE DIRECTOR OF FINANCE'S CERTIFICATION TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Commission Resolution No. 3066 - intent to amend 1990 Bozeman Area Master Plan Uodate by incorooratina the Parks. Ooen Soace and Trails (POST) Plan. as undated COMMISSION RESOLUTION NO. 3066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN AREA MASTER PLAN UPDATE BY INCORPORATING THE PARKS, OPEN SPACE AND TRAILS (POST) PLAN INTO SAID MASTER PLAN. Ratify City Manager's aooroval of soecial catered Beer and Wine license - little . John's Bar. 515 West Asoen - soecial oermit for Shroyer Gymnasium - June 13-18. 1995 Acknowledge receiDt of aODraisal for 33-foot wide striD of riaht-of-way for extension of Fowler Avenue between US Hiahway 191 and West Babcock Street; intent to acceot donation of riaht-of-way uoon execution of auit claim deed - Michael Delaney 06-19-95 -- --- - 10- Authorize Clerk of Commission to advertise for Dublic hearing re revisions to number of guest Darkinq cermits cer residence in a neighborhood Darking district and scecifyina clacement of Dermit: set cublic hearina for July 3. 1995 Authorize staff to enter into aareement with James Duncan and Associates to add imDact fee studies for water and wastewater to existina contract with County at an estimated cost of $30.000. Der memo dated June 7. 1995 . Authorize execution of contract renewal with Gallatin County for Drovidina library services to County residents at same fundina level as last fiscal year. cer Library Board of Trustees recommendation in letter dated June 7. 1995 Commission Resolution No. 3067 - authorizing the Durchase of road oil and sundry construction materials from the Montana Decartment of Transcortation durina Fiscal Year 1995-1996 on an as needed basis COMMISSION RESOLUTION NO. 3067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE PURCHASE OF ROAD OIL AND SUNDRY CONSTRUCTION MATERIALS FROM THE MONTANA DEPARTMENT OF TRANSPORTATION DURING FISCAL YEAR 1995-1996 ON AN AS NEEDED BASIS. Acclication for Beer and Wine License - Wine Gallery. 102 South 19th Avenue - Calendar Year 1995 Award bid for reclacement of carcetina in City Hall - Pierce Floorina. Bozeman. . Montana Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Recess - 4:20 D.m. Mayor Pro Tempore Stueck declared a recess at 4:20 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 06-19-95 --- ..-. - 11 - Public hearina - variances from Sections 18.50.160. 18.50.110.D and E.. 18.50.120.F. and 18.50.100. Bozeman Municipal Code - to allow eXDansion of existina nonconformina buildina on Tract 12A. Durston Subdivision bv adding 7 .020 square feet in two Dhases. - Carl Bever. for Serv-Ur-Self Furniture (511 North 7th Avenue) (C-9505) This is the time and place set for the public hearing on variances requested by Carl Beyer for Serv-Ur-Self Furniture, under Application C-9505, to allow expansion of the existing non- . conforming building on Tract 12A, Durston Subdivision by adding 7,020 square feet in two phases, as follows: 1. From Section 18.50.160, Bozeman Municipal Code, to allow expansion of a building which encroaches 7 % feet into the 25-foot corner side yard setback along Durston Road and 7 % feet into the 10-foot rear yard setback; 2. From Section 18.50.110.0 and E., Bozeman Municipal Code, to allow "grandfathering" and use of the existing non-conforming parking lot and non-conforming drive access which is 45 feet south of the intersection of North 7th Avenue and Durston Road; 3. From Section 18.50.120.F., Bozeman Municipal Code, to reduce the required number of parking spaces from 69 plus 3 accessible spaces to 42 plus 2 accessible spaces; and 4. From Section 18.50.100, Bozeman Municipal Code, to allow a reduction of the required landscaping. . The subject site is more commonly located at 511 North 7th Avenue. Mayor Pro Tempore Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that sewer records reveal that the subject building was connected to City sewer in 1951; there are no building permit records available to show when construction of the building occurred. She noted that in 1984, the Board of Adjustment granted a variance to allow use of the existing parking lot and paved areas as they existed, with landscaping in only the planters in front of the building. The City Attorney's review of the record for that appeal has revealed that the fourth requested variance is not needed, because of that 1984 decision. The Assistant Planning Director stated that the loading dock and storage area at the back of the building were added in 1980; and, since the building encroaches into both the . corner side yard and the rear yard setbacks, it is considered a non-conforming structure. The Assistant Planning Director stated that there are currently four accesses onto the subject property from North 7th Avenue. She noted that under this application, the northernmost curb cut is to remain; however. the three remaining curb cuts are to be closed and a second curb cut added toward the southern end of the property, to provide for traffic 06-19-95 - ~ - 12 - circulation. A portion of the paved parking lot is currently being used for a used car sales lot. While the existing parking lot does not comply with code requirements, the new parking area to be provided in conjunction with the expansion will meet code requirements. Assistant Planning Director Arkell stated that, since North 7th Avenue is a State . highway, the Montana Department of Transportation has reviewed this application and has approved the second proposed curb cut. The Assistant Planning Director stated that each of the variances in this application has been reviewed in light of the three criteria for considering variances, as established by the Montana Supreme Court and as set forth in Section 18.56.060 of the Bozeman Municipal Code; and the comprehensive staff findings are contained in the written staff report. The Assistant Planning Director stated that the addition to the building will meet all setback requirements. She noted that the issue of parking requirements for furniture stores has been previously discussed; and staff recognizes that the demand for parking spaces at that type of retail store is substantially different from the demand for parking at retail stores like Wal- Mart. She suggested that this item should probably be included in the next set of zone code . amendments. Assistant Planning Director Arkell stated that, in light of the staff findings contained in the written staff report, staff recommends approval of the requested variances, subject to two conditions. Responding to Commissioner Frost, Assistant Planning Director Arkell stated that under the zone code, the applicant is required to obtain a building permit within six months of approval. She noted that, since the applicant must go through the major site application process, staff recognizes it may not be possible to meet that timeframe; and Condition No.1 adequately addresses that issue. Mr. Dave Grigsby, Cikan Architects, representing the applicant, stated his general concurrence with Assistant Planning Director Arkell's staff report, noting one exception. He . stated that his client was under the impression that variances run with the land; therefore, it would not contain an expiration date. He noted that his client sought the variances as the first step in the potential expansion of the building; however, at this time, no specific plans have been prepared. He expressed concern that six months may not be adequate time for preparing plans for the expansion and obtain the financing necessary to complete the project. He then 06-19-95 -- - 13 - asked that the Commission approve the variances without the time limit proposed by staff, allowing an indefinite period of time for completion of the project. City Attorney Luwe recommended that the Commission attach a timeframe to its approval of the requested variances. . Responding to questions from the Commissioners, Assistant Planning Director Arkell stated that one year would be an acceptable time. She further suggested that the Commission could set a time period with a provision for a six-month extension if requested by the applicant. No one was present to speak in opposition to the requested variances. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. 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 Youngman, seconded by Commissioner Stiff, that the Commission approve the following variances: 1. From Section 18.50.160, Bozeman Municipal Code, to allow expansion . of a building which encroaches 7'Y2 feet into the 25-foot corner side yard setback along Durston Road and 7 Y2 feet into the 10-foot rear yard setback; 2. From Section 18.50.110.D and E., Bozeman Municipal Code, to allow "grandfathering" and use of the existing non-conforming parking lot and non-conforming drive access which is 45 feet south of the intersection of North 7th Avenue and Durston Road; and 3. From Section 18.50.120.F., Bozeman Municipal Code, to reduce the required number of parking spaces from 69 plus 3 accessible spaces to 42 plus 2 accessible spaces; subject to the following conditions: 1. That a Major Site Plan application be submitted for the addition within one year from the date of the Commission's decision, with the option of one six-month extension, as requested by the applicant and approved by the City Commission; or the variance shall be automatically cancelled and become null and void; and 2. That the landscaping, as shown, for North 7th Avenue be included in the . Major Site Plan application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. 06-19~95 --- - 14 - Public hearina - Certificate of AooroDriateness with deviations from Section 18.20.050 to allow reolacement of shed with 22-foot bv 24-foot storaae shed and aarage which encroaches 6 feet into reauired 10-foot rear yard setback - Lots 19. 20 and Dortion of 21. Block 1. Beall's 3rd Addition - Edwin D. Hoadley (516 North Willson Avenue) (Z-9559) This was the time and place set for the public hearing for the Certificate of Appropriateness with deviations from Section 18.20.050, as requested by Edwin D. Hoadley, . under Application No. Z-9559, to allow replacement of an existing 20-foot 8-inch by 22-foot 6-inch storage shed with a 22-foot by 24-foot storage shed and garage which encroaches 6 feet into the required 10-foot rear yard setback on Lots 19, 20 and a portion of 21, Block 1, Beall's 3rd Addition. The subject site is more commonly located at 516 North Willson Avenue. Mayor Pro Tempore Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this application, the existing dilapidated storage shed is to be removed and replaced with a garage/storage shed. The new building is to be located in essentially the same location as the existing building, which is four feet from the rear property line, thus requiring the requested deviation. The Assistant Planning Director stated that the Design Review Board considered this . application at the May 23 meeting. At that time, no written testimony was received; and the Board, after discussion, forwarded its recommendation for approval, subject to three conditions. She reviewed this conditions, noting that during the ORB meeting, the applicant indicated that the walk door at the southwest corner of the garage was inadvertently omitted from the drawing. She noted that the applicant expressed concern about installing a window on the north side of the garage; and the ORB has recommended that one be considered but not required. Mr. Ed Hoadley, applicant, stated he is interested in replacing a shed that is not structurally sound with an improved structure. Responding to Commissioner Stiff, Mr. Hoadley stated he is reluctant to install a window . on the north side of the new building because it is not visible from his house and would serve as an invitation for someone to break in. He stated that since the building is 24 feet long and will be built as low as possible, he does not believe it is necessary to break up the line of the building be adding a window. He then noted that, if required by the Commission, he will add a window. 06-19-95 -... '-.,,- .-- - 15 - No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. 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 approve the Certificate of Appropriateness with deviations from Section 18.20.050, as requested by Edwin D. Hoadley, under Application No. Z-9559, to allow replacement of an existing 20-foot 8-inch by 22-foot 6-inch storage shed with a 22-foot by 24- foot storage shed and garage which encroaches 6 feet into the required 10-foot rear yard setback on Lots 19, 20 and a portion of 21, Block 1, Beall's 3rd Addition, subject to the following conditions: 1. A walk door be added near the southwest corner of the new garage; and 2. That a building permit must be obtained within one year of issuance of the Certificate of Appropriateness. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. Public hearing - Conditional Use Permit - Dick Harte and Harry Huntsinger - allow renovation of and addition to existina service station and its re-use as a bar/restaurant servina alcoholic beveraaes and casino - lot 13. Block 30. Northern Pacific Addition (913 East Main Street) (Z-9540) This was the time and place set for the public hearing on the Conditional Use Permit as requested by Dick Harte and Harry Huntsinger, under Application No. Z-9540, to allow renovation of and addition to an existing service station and its re-use as a bar/restaurant serving alcoholic beverages and casino on Lot 13, Block 30, Northern Pacific Addition. The subject site is more commonly located at 913 East Main Street. . Mayor Pro Tempore Stueck opened the public hearing. Senior Planner Lanette Windemaker presented the staff report. She stated that the subject property is the site of the old Husky service station and is located immediately across the street from Lindley Park. 06-19-95 - 16 - , The Senior Planner stated that staff has reviewed this application in light of the six criteria set forth in Section 18.50.030 of the zone code; and the comprehensive findings are set forth in the written staff report, which was previously submitted to the Commission. She noted that the surrounding land uses include commercial and vacant land, with the park located . across the street. She forwarded staff's concerns about the potential negative impact which this proposed use might have on the park. The Senior Planner stated that the application has been reviewed by the Development Review Committee and the Design Review Board; and those bodies have forwarded recommended conditions for approval of the application. Senior Planner Windemaker stated that the City-County Planning Board considered this application at its regular meeting held on June 6, 1995. Following its public hearing and review of the six criteria, it forwarded a recommendation for approval, subject to twenty conditions. She stated that Director of Public Service Forbes has suggested that the Commission may wish to delete Condition No. 20, since the signalization of Highland Boulevard and East Main Street is one of the projects to be funded through the general obligation bond issue. She then noted . that the Planning Board has also asked staff to approach the Montana Department of Transportation about the possibility of striping a crosswalk across East Main Street at Cypress Street. She reported that staff has contacted the Department; however, no response could be anticipated in time for this meeting. Responding to Commissioner Frost, Senior Planner Windemaker recognized that Condition Nos. 4 and 9 and Nos. 6 and 10 are very similar in nature. She noted, however, that one of those conditions was recommended by the Development Review Committee while the other was recommended by the Design Review Board and pertain to different elements of the same issue. She then asked that the Commission not delete either of the conditions. Further responding to Commissioner Frost, the Senior Planner stated that a 25-foot-wide strip of landscaping is to be provided behind the curb sidewalk; and that will result in removing . a substantial amount of existing paving. She indicated that canopy trees are to be provided within that landscape strip; and they are set back from the street far enough that the trees are acceptable to the Montana Department of Transportation. Commissioner Youngman noted that Condition Nos. 5 and 12 are identical; Senior Planner Windemaker concurred and noted that one of them can be eliminated. 06-19-95 ..-... -- ~ - 17 - Mr. Harry Huntsinger, applicant, stated a willingness to accept the conditions recommended for approval of this application. He then stated that this proposed casino/ restaurant is to be "Jackpot East" and is intended to be a duplicate of the existing Jackpot Casino on the west end of Main Street. He stated that at the existing Jackpot Casino, the . sales of pop and colfee exceed the sales of beer and wine; and their biggest crowd is at lunch time. He stated that they have acquired an all-beverage license for the new establishment, because it was the only license available; but they will sell only beer and wine under that license. Mr. Huntsinger stated that, through previous applications before the Commission, he has shown his interest in working with the City and meeting all requirements. He pledged to continue that same working relationship with the City, and to provide a quality development. Ms. Joni Westberg, 206 Cypress Avenue, stated she has recently moved from Mesa, Arizona. She indicated that her children, ages 7 and 10, are not allowed to go to Lindley Park by themselves; and she is concerned that the proposed bar/casino will further negatively impact that area. She also expressed concern about the combination of alcohol and gambling, noting . the behavior modifications that can occur with drinking. She encouraged the Commissioners to carefully consider these issues in the decision-making process. Ms. Thea Nelson, 1007 East Curtiss Street, stated they purchased their home thirty years ago in what was a "AAA" residential neighborhood. She does not feel that they should be asked to contend with bars and gambling, particularly so close to Lindley Park, which is a family-oriented park. Mr. Huntsinger stated that an employee of the private security company will be on site at closing time, to ensure the safety of the casino's employees. He then noted that the security company will patrol the area throughout the evening, although they will not be on-site except for closing. He stated that food will be served until 11 :00 p.m. or midnight. The motel owners have indicated an interest in this feature, since they are presently losing business to . North 7th Avenue businesses because no late-night food service is currently available on East Main Street. At Mayor Pro Tempore Stueck's request, Mr. Huntsinger addressed the gambling portion of the operation. He noted that most of the clientele in their existing casino are 40 + years old. 06-19-95 - - - ----- - 18 - He noted that, typically, people stop to get something to eat; and drop a quarter or two into the machines while waiting for the food they ordered to arrive. Responding to Commissioner Youngman, Senior Planner Windemaker stated there is some indication that some overcrowding of the available parking at the existing Jackpot Casino . may occur at certain times. She noted, however, that no studies have been done to verify that perception. She suggested that this is one of those uses for which the parking requirements should possibly be monitored, to determine whether the code requirements are adequate. She also suggested that, if the Commission is concerned about this being a potential problem, a condition can be added which requires a periodic monitoring or review of the parking. She noted that if an overcrowding situation is identified, the applicant could possibly acquire use of some of the adjacent vacant land for additional parking. Responding to Commissioner Frost, Senior Planner Windemaker stated there is no State- approved crosswalk across East Main Street in this general area at the present time. She then indicated that if a crosswalk is approved, it would be reasonable to ask the Montana Department of Transportation to approve bouncing ball pedestrian lights as well. . Responding to Commissioner Stiff, City Attorney Luwe stated that under Section 18.53.010 of the Bozeman Municipal Code, the Commission may conduct periodic reviews of a conditional use permit. He cautioned, however, that such conditions are sometimes difficult to remember and enforce. Mayor Pro Tempore Stueck stated he cannot support requiring this applicant to participate in both the installation of a crosswalk at Cypress Avenue and a traffic signal at Highland Boulevard. He then indicating his willingness to require the applicant to participate in the crosswalk only, if approved by the Montana Department of Transportation. Following discussion, the Commissioners stated general concurrence with that position. Commissioner Youngman noted that, strictly speaking, neither Lindley Park nor the residential area is immediately abutting the subject parcel. She noted, however, that the . Commission is responsible for ensuring the public heaith, safety and general welfare and asked if it would be possible to add a condition to approval of this application that would ensure that negative impacts on the neighborhood are preventively addressed. She then asked about reviewing this use in a specific amount of time after it opens, i.e., six months, to determine whether the residents feel that negative impacts have resulted. 06-19-95 - 19 - Senior Planner Windemaker stated that, through a condition allowing for periodic review of the conditional use, such issues could be addressed. The City Manager suggested that the review be conducted administratively, rather than bringing the issue back before the Commission. . City Manager Wysocki observed that the lack of parking could result in people going somewhere else to eat. He noted that if the business owner recognizes this problem, he will probably attempt to correct it as quickly as possible, rather than allowing the lack of parking to impact his business. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. 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 approve the Conditional Use Permit as requested by Dick Harte and Harry Huntsinger, under Application No. Z-9540, to allow renovation of and addition to an existing . service station and its re-use as a bar/restaurant serving alcoholic beverages and casino on Lot 13, Block 30, Northern Pacific Addition, subject to the following conditions: 1. The main entrance shall be emphasized through the use of a 6: 12 peaked roof pitch, recessing, awning, lighting detail or other architectural details; 2. A trash enclosure detail shall be provided, in accordance with Section 18.50.035.0; 3. Roof top mechanical equipment shall be shown on the final elevation, and screening shall be provided; 4. A detail of a lighting fixture which meets the zoning code shall be provided; 5. All exterior light fixtures shall be designed with cut-off shields to deflect light down and/or away from adjacent properties and streets, and must be detailed on the final site plan. Light fixture luminaires shall not be visible from adjacent properties and streets. Light standards shall not . exceed a height of 20 feet or the height of the structure, whichever is lower; 6. At a minimum, six large canopy street trees shall be planted in the public right-of-way, subject to approval by the Montana Department of Transportation; 7. Signage for this zoning lot shall be a maximum of 93 square feet, which includes the one allowed freestanding sign. The banner/flags shall be removed. The specific signage and location is not approved as part of this 06-19-95 " __~-=-,. u__ ~. - 20 - application, however must be in accordance with the Sign Code. A sign permit shall be obtained from the Building Department; 8. Colors shall be specified on the final site plan. No decorative lighting, i.e. neon tubes or exterior building wash, has been indicated. DRB would have to review decorative lighting for approval; 9. The final site plan and development of the site shall conform to all . applicable City of Bozeman regulations, to include zoning regulations. The following zoning regulations have been noted as not being met, and shall be corrected prior to final site plan approval: a. 18.52.03.D.b., site plan information and fully dimensioned; b. 18.50.035.R, bike rack shall be provided and a detail shown; and c. 18.50.120.A 11, curbing shall be provided around the entire parking lot and a detail shall be provided; 10. Trees shall not be planted within five (5) feet of the water service line; 11 . The applicant shall comply with the following conditions of approval set forth by Rick Hixson, Project Engineer, prior to final site plan approval: a. The final site plan shall be adequately dimensioned; b. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants shall be provided to and approved by the City . Engineer. The plan shall demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/ retention basin details (including basin sizing and discharge calculations, and discharge structure details) and the stormwater discharge destination. The plan as submitted does not include adequate definition of the type of facility proposed, i.e., retention or detention or the quantity of stormwater it is designed for, (i.e., provide calculations). Also provide a detail of the checkered plate crossing used at the sidewalk. In addition, a stormwater maintenance plan shall be submitted to and approved by the City Engineer. The plan shall identify the persons responsible for maintenance, the procedures to be used and the maintenance schedule; c. Plans and specifications for curb and gutter, sidewalks, and drive approaches prepared by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall provide Professional Engineering services for construction inspections, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed improvements shall be provided at the time of the design. 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. No certificate of occupancy will be issued prior to City acceptance of all infrastructure improvements. Infrastructure improvements in the public right-of- way shall be coordinated with the Montana Department of Transportation; d. Plans and specifications for any proposed fire service line must be prepared in accordance with the City's Fire Service Line Policy by 06-19-95 -. - 21 - a Professional Engineer registered in the State of Montana, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering services, for construction inspection, post-construction certification, and preparation of mylar record drawings; e. The drive approach shall be constructed in accordance with the . City's standard approach (i.e. concrete apron, sidewalk section, and drop-curb) and shown as such on the final site plan. A City curb cut and sidewalk permit shall be obtained prior to final site plan approval; f. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be provided and approved by the City Engineer; g. All existing utility and other easements must be shown on the final site plan. Property lines shall be shown and identified on the final site plan; h. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within sight triangle; and i. Root barrier material shall be used for plantings; 12. The applicant shall comply with he following conditions of approval set forth by Fred Shields, Superintendent of Water/Sewer, prior to final site . plan approval: a. All water and sewer lines, both existing and proposed, shall be shown accurately on the final site plan; b. All water and sewer mains, service lines and easements, both existing and proposed, shall be shown on the fina/landscape plan; c. Size be accurately indicated on all water and sewer lines shown on final site plan; d. All fire hydrants within 500 feet shall be shown or indicated on final site plan; e. An accurate, dimensioned detail of the domestic water meter location, inside of the building, shall be shown on the final site plan; and f. Any change of location to water service or meter will be done by the City of Bozeman Water Department at the owner's expense; 13. That, if approval is obtained from t he Montana Department of . Transportation, the applicant shall bear the costs of striping a crosswalk across East Main Street in the vicinity of Cypress Avenue and the installation of any warning signage or lighting; 14. That should problems with either parking or security due to this conditional use be identified by the Planning Department, the applicant shall work with staff to remedy the problems; 15. Seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be 06-19-95 - 22 - submitted for review and approval by the Planning Director within six months of the date of City Commission approval. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 16. The applicant shall enter into an Improvements Agreement with City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and . methods of security shall be made a part of that agreement; 17. A building permit must be obtained prior to work, and must be obtained within one (1) year of final site approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but no concrete may be poured until a building permit is obtained; 18. If occupancy of the structure or commencement of the use is to occur prior to the installation of all required on-site improvements, the improvements agreement must be secured by a method of security acceptable to the City of Bozeman equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; and 19. 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 applicant's written consent to all 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 procedure; 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 the special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those . voting No, none. Public hearing - Zone Map Amendment - R-Q to B-P - Paul C. & Connie VanderJagt and Ken LeClair - lot 2. Minor Subdivision No.7. BurruD Annexation (32600 East Frontage Road) (Z-9551 ) This was the time and place set for the public hearing on the Zone Map Amendment as 06-19-95 .-. -.- --- ~ 23 - requested by Paul C. and Connie VanderJagt and Ken leClair, under Application Z-9551, to change the zoning from R-O, Residential--Office, to BP, Business Park, on lot 2, Minor Subdivision No.7, Burrup Annexation. The subject site is more commonly located at 32600 East Frontage Road. . Mayor Pro Tempore Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, the zoning on the subject 12.309-acre parcel would be amended from R-O to BP. Since the master plan land use designation on this parcel is "business park/industrial" the requested zoning would be appropriate. He reviewed the surrounding uses and zones, noting that the property to the east is zoned and developed as rural residential development while the property to the west is zoned M-1 and contains a mix of commercial/industrial and residential development. The Senior Planner stated that staff has reviewed this application in light of the twelve criteria established in Section 76-2-304, Montana Code Annotated; and the comprehensive staff findings are contained in the written staff report, which was previously submitted to the . Commission. He stated that staff feels the requested rezoning to BP is appropriate, as a buffer between the existing urban and suburban development. He noted that the BP zoning district provides for substantial open space and is more restrictive than the existing R-O zoning designation. Senior Planner Skelton stated that the City-County Planning Board considered this application at its meeting of June 6, 1995. He noted that, following review of the twelve criteria and the public hearing, the Board forwarded its recommendation for approval. Mr. Ken leClair, applicant, indicated a willingness to respond to questions. No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the . public hearing. 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 Youngman, seconded by Commissioner Stiff, that the Commission approve the Zone Map Amendment as requested by Paul C. and Connie Vander Jagt and Ken LeClair, under Application Z~9551, to change the zoning from 'R-O, 06-19-95 - - 24 - Residential--Office, to BP, Business Park, on Lot 2, Minor Subdivision No.7, Burrup Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. . Public hearinQ - Commission Resolution No. 3062 - request for reduction of taxes under Section 15-24-1402. M.C.A. (new and exoandina business) - Lattice Materials Corooration This was the time and place set for the public hearing on Commission Resolution No. 3062, as approved the City Attorney, entitled: COMMISSION RESOLUTION NO. 3062 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Mayor Pro Tempore Stueck opened the public hearing. City Manager Wysocki reminded the Commission that the Montana Code Annotated . allows for local governments to provide tax reductions to new and expanding businesses, subject to certain restrictions. He reminded the Commission that this option has been exercised by two businesses in the past. Ms. Carol Engen, Accountant for Lattice Materials, stated that under this application, they are seeking a tax reduction for assets needed for modernized or new processes. She noted that the identified improvements are necessary for the company to grow and compete in today's technological market. Ms. Engen stated that in 1994, the company purchased a total of $139,155.66 in identified equipment items; and in 1995, they are anticipating a total of $345,325. in additional purchases. The majority of this equipment is used in the production department, with a small portion being used in the office. She characterized the equipment for the production department as allowing for more efficiency in existing operations as well as . allowing for expansion into new areas and technologies. She noted that the computer and software will allow for tracking of orders through the manufacturing process, stating that it will allow for responses to inquiries from customers about where in the process their particular orders may be as well as the anticipated ship date. 06-19-95 ----.. -- - 25 - Ms. Engen emphasized the fact that the operation has no adverse environmental impact on the community. She noted that the company has been recently audited by the Montana Department of Labor to ensure compliance with OSHA standards; and they received an environmental review in 1994. . Commissioner Youngman questioned how the copier and a company vehicle can qualify for the requested tax reduction. Commissioner Stiff stated he has the same question, noting the importance of ensuring that all items included in the tax reduction provision truly Qualify under this section of the statutes. He noted that, in addition to the items mentioned by Commissioner Youngman, he is concerned about the electronic mail, the VCR and the phone system. Ms. Engen responded that the VCR is used for in-house safety training; and the E-mail system and the new phone system for more efficient communication with customers. Responding to the City Manager, Ms. Engen stated that before they purchased the new copier, they had a small table top model; and for large print jobs and reports which needed to have a professional appearance, they used the services of a local copy firm. . Responding to Mayor Pro Tempore Stueck, Ms. Engen stated that Lattice has no direct competitors in Montana; the closest competitor is in California. Mr. Mike Burgard, 3017 Secor, stated he is one of the principal owners of Color World, a firm which has taken advantage of this tax reduction program. He noted that this is one tax incentive available in Montana which allows businesses to compete with out-of-state businesses which can take advantage of lower tax structures. He stated that, because of the tax reduction which his firm received, he has been able to invest more monies in the business as well as successfully competing with the out-of-state firms. He noted that the types of positions being created at Lattice Materials are typically higher paying than the service industry jobs which are available in the community. He then encouraged Commission approval of this application. . No one was present to speak in opposition to the requested reduction of taxes under Section 15-24-1402, M.C.A. Responding to Commissioner Youngman, the City Manager stated that the Commission may remove any of the items from the list for tax reduction that it wishes prior to making its decision. 06-1 9-95 - - - 26 - City Attorney luwe stated that staff will prepare a resolution providing for the tax reduction after the Commission has made its decision. Following discussion about the non~production items on the list of improvements, the Commissioners agreed that the company vehicle and copy machine should be removed. While . some concerns were also expressed about the electronic mail, phone system and VCR, they concurred that those items could be identified as modernized methods in the overall operation of the firm. Since there were Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the application for reduction of taxes under Section 15-24-1402, M.C.A., as submitted by lattice Materials, with the exception of the copy machine and the company vehicle. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. . Public hearina - Master Plan Amendment - Recreation and Parks Advisorv Board - amendment to the Bozeman Area Parks. DDen 5Dace and Trails Master Plan (P-9525) This was the time and place set for the public hearing on the Master Plan Amendment, as requested by the Recreation and Parks Advisory Board, under Application No. P~9525, to include, as an addendum, the amendment to the Bozeman Area Parks, Open Space and Trails (POST) Master Plan. Mayor Pro Tempore Stueck opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated that under this application, the latest update of the Parks, Open Space and Trails Plan is to become a part of the 1990 Bozeman Area Master Plan Update. . Associate Planner Morris stated that the City-County Planning Board conducted its public hearing on this application at the June 6 meeting. Following the public hearing and review of the four criteria set forth in the Master Plan for the amendment process, the Board forwarded its recommendation for approval for incorporation into the 1990 Bozeman Area Master Plan Update, as an addendum. He noted that the Board recognized that when the Master Plan is 06~ 19-95 --. - 27 - updated, the POST Plan should be included as a part of the Master Plan, rather than being attached as an addendum. The Associate Planner cautioned the Commission that this update represents only a rewrite of Chapter 4 of the overall plan, which pertains to parks. Also, an addendum to the . POST plan, providing for a classification system for trails, is included in this application. He stated that this update will replace the discussion on parks which is contained in the Master Plan, since it is more comprehensive. Mr. Bob Lee, Chairman of the Recreation and Parks Advisory Board, noted that a question was raised at last week's agenda meeting about what Figure No.9 represents. He suggested that by adding the clarification "core" parks to the text on Page 16, the questions could be easily addressed. He noted that the Planning Board has forwarded that recommendation to the City Commission. Mr. Lee then emphasized the fact that this application includes only a small portion of the overall POST Plan, noting that some confusion over this issue arose during the Planning Board meeting. . Mr. David Jones, member of the Recreation and Parks Advisory Board, stated that the addendum to the POST Plan provides for a classification system for trail construction and maintenance. He stated that this document has been prepared because of concerns raised about the lack of such a classification system and identification of the types of surfaces that would be acceptable for each classification. He indicated that this addendum will allow for consistent classification of trails and help to ensure a functional trail system. He then stated that the Board hopes to implement an "adopt-a-trail" program for maintaining the trail system once the appropriate surfacing has been completed. Mr. Terry Lonner, representative of Citizens to Save Open Space, stated that the group endorses the proposed amendment. He stated, however, that the group feels that the plan should be expanded to include open spaces as well. . Mr. Lonner suggested that the issue of open space should be addressed jointly by the City and the County Commissions, and that a joint Open Space Fund should be investigated. He recognized that if the City and the County governments undertake a joint effort to address open spaces, it could create a cumbersome process that moves slowly, and that some of the needed flexibility may be lost. He noted, however, that such a structure could help to ensure 06-19-95 ---- - 28 - the long-term success of the program. He reminded the Commission of its goal on growth management and critical areas, which is one of the high priority goals for the upcoming fiscal year. Mr. Lonner stated that for the plan to be successful, a high degree of commitment by . all parties is necessary. He stated that this includes budgeting for the items which have been identified as high priority for the success of the plan. Mr. Lonner stated that a regional park, containing 100 acres or so, is an excellent idea. He cautioned, however, that "parkland" is not synonymous with "open space"; they perform different functions. He noted that park areas, which are developed and are often used for recreation activities, require a substantial amount of maintenance. On the other hand, open space, while it may provide for some forms of recreation, are generally more benign and do not require maintenance. He noted that open space provides protection for features important to the community, including waterways and wildlife habitat. Mr. Lonner concluded by stating that S.O.S. is not opposed to organized parks; they simply believe that open space should be aggressively sought, approved and funded. He . cautioned that once open space is changed because of development, it is lost forever. He then encouraged the Commission to actively pursue the issue of open space as well as parks. Responding to questions from Commissioner Youngman, Associate Planner Morris stated that adoption of this amended chapter of the Parks, Open Space and Trails Plan does not preclude incorporating another chapter on open space at some time in the future. The Commissioners thanked the Recreation and Parks Advisory Board for the work they have done on this amendment to the Master Plan. Since there were Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. 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 approve the Master Plan Amendment, as requested by the Recreation and Parks Advisory Board, under Application No. P-9525, to include, as an addendum, the amendment to the Bozeman Area Parks, Open Space and Trails Master Plan. The motion carried by the 06-19-95 .---...- - 29 - following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Adjournment - 9:02 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 Stiff and Mayor Pro Tempore Stueck; those voting No, none. Ol9;t c! ~ DON E. STUECK Mayor Pro Tempore ATTEST: ~ J~ . ROBIN L. SULLIVAN Clerk of the Commission . 06-19-95 --- --