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HomeMy WebLinkAbout1994-03-21 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 21, 1994 ***************************** (. The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 21, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, 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 Vincent asked if any of the Commissioners wanted to have any of the Consent Items removed for discussion. Clerk of the Commission Sullivan requested that Commission Resolution No. 2964 be removed for discussion. Minutes - March 7. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . minutes of the regular meeting of March 7, 1994, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. - Continued discussion ~ reauest for extension of City water and sewer services to the Fort Ellis leisure Community - Planned Development. Inc. (Bozeman Trail Road/Canarv LaneJ Included in the Commissioners' packets were a memo from the Director of Public Service Phill Forbes, dated March 18; copies of Pages 52-55 of the Bozeman Area Master Plan Update; a memo from Nadia Beiser and David M. Richards, Planned Development, Inc.; and additional public comment. . Responding to Mayor Vincent, Mr. Glen Wood, Morrison-Maierle, stated that they just received a copy of Director of Public Service Forbes' memo dated March 18. He then indicated that, while he has no comments at this time, he may have some comments later in the meeting. 03-21-94 - - -- " -,_._~-~ - 2 - Mayor Vincent noted that the Commission had deferred action on this item at last week's meeting to provide an opportunity to consider the substantial amount of input forwarded at that time. He then asked for Commissioner comments. Commissioner Stiff stated that he reviewed this proposal based on the premise that . it must be in the City's best interests to extend the water and sewer lines to the subject property and there be some way for the City to "stay even". He noted that this would provide an immediate benefit to the developer and, hopefully, a future benefit to the City. He contacted the Hospital administration regarding their plans for future development of the large parcel of ground they own in that general area, and found that they are working on a master plan for their property. He noted that any development is in the future, with no immediate use for the proposed water and sewer line extensions. Commissioner Stiff noted that the City will be giving up capacity that would have serviced some other area of the community. He noted the City is not legally expected to allow the subject parcel to be connected to the City's services, nor is it the City's responsibility to accommodate their request. He stated that the subject area will eventually be part of an . orderly growth pattern. Commissioner Stiff stated the financial statements for Fiscal Year 1993 reveal that from FY83 to FY93, the City has had deficits ranging from $341,000 to $625,000 in its Waste Water Fund because no provision has been made for funding of depreciation. He suggested that in a situation like this, where the City is being asked to dip into its ability to service the community, he feels that some mechanism for requesting a fee to compensate for that lost capacity should be considered. Commissioner Stiff concluded by stating that, based on the information he has forwarded, he cannot find any basis upon which he can justify approval of the request. Commissioner Frost stated it appears the City can benefit from a developer extending the City's service lines. He also noted the master plan is ambiguous on whether the City . should be providing services in the growth area. Commissioner Frost noted the Director of Public Service has indicated, in his memo, that the City will be short of water by the time the community's population reaches 32,000; and with the current growth rate, that number is fast approaching. He indicated that, on that basis, he cannot support the requested extension of lines. 03-21-94 -.---- -- -- -....---- --...-- n___... .. _...__._. - 3 - Commissioner Stueck stated that if the Commission approves this request, the water and sewer lines will be extended at no cost to the City. He noted the strong point of this request is that it ensures the groundwater in the area will be protected. He stated that, while the groundwater in this area is not as much of a problem as it is to the south and the west, . steps must be taken to ensure that it is not contaminated. He then stated that, on the basis of protecting the groundwater and because the extension of the water and sewer lines would not cost the City anything, he supports the request. City Manager Wysocki stated that, while he agrees that the actual extension of the water and sewer lines would not cost the City anything, there are costs involved. He noted that under the developers' proposal, the City would be asked to administer a payback agreement for a number of years. Also, connection of the proposed development to the City's system will result in a decrease in remaining capacity, hastening the time when expansions are necessary. The City Manager emphasized the fact that the State statutes require that the groundwater be protected. He also noted that the State has strict rules regulating the . installation of septic systems; therefore, he does not feel that issue should be a primary driving force. City Manager Wysocki stated that in the memo from Planned Development, Inc., the applicants propose that a 25-percent surcharge be added to the water and sewer costs. He suggested that, while this may be legal in other states, he does not believe the Public Service Commission in Montana would approve such a charge. City Attorney Luwe stated that in his opinion, the City cannot charge 25 percent additional for properties outside city limits. He suggested that option for mitigating impacts might be to establish an upfront charge, based on plant capacity replacement. The City Manager reminded the Commission of the City's policy to bear the costs of oversizing lines, cautioning them that this could result in costs to the City. He then stated he . feels that approval of this request would be premature. Commissioner Youngman expressed concern about acting on this specific proposal before a policy has been established. She forwarded her belief that the benefits of this request may outweigh the negatives, provided a mechanism can be devised for the applicants to pay the extraordinary costs. She also noted concern about the last main paragraph of Director of 03-21-94 .- . --.-.-....- -.... -... ....--.- --. - ..---"'---.- -- -.-----.--- - -- ------- - 4 - Public Service Forbes' memo which reads: "As a matter of policy, the provision of utility services within the Urban Growth Area and the City's annexation policy should complement each other. At the present the annexation policy does not address provision of City services without annexation. Should the Commission choose to modify this policy, staff would suggest . it be done in the broader context of the completed facilities plans, rather than in response to a specific development proposal." She stated that, while it is important for the Commission to ensure that the groundwater is protected and ensure that long-term development is appropriate for possible future incorporation into the city limits, making a decision without a policy is backward. She then stated her interest in deferring action on this request until a policy has been adopted. Mayor Vincent stated that he cannot support approval of this request. He noted there are many unanswered questions, a large number of which have already been raised. He stated that to allow this requested extension of services will hasten the day when the city as a whole may have to pay more than would be saved in the short term by accepting this request. Also, it would set a precedent that could create problems in the future. He also emphasized the . paragraph in Director of Public Service Forbes' memo in which he indicated that the City historically requires annexation prior to connection to the City's water and sewer services and prior to development. The City Manager cautioned the Commission that there are instances in which properties outside city limits have been connected to City services. He cited residences along Old Highway 10, which are immediately adjacent to the City's sewer trunk to the Waste Water Treatment Plant, as examples. He noted that the State law requires that the City allow properties within 500 feet of a main to connect to the sewer. Commissioner Stiff noted that the City is not in a position to allow this development to connect to City services and pay any type of impact fee. He noted that the City is in the middle of several processes, including the development of impact fees, reviewing the potential . for expansion of the plan, and reviewing the possible reconstruction of Mystic Lake Dam. He stated that, while he would like to support this request, circumstances will not allow it. Mayor Vincent suggested that the applicant could resubmit this request after the Commission has developed a policy. 03-21-94 - 5 - Commissioner Youngman asked if the Commission could conditionally approve this request, subject to any impact fees that may be developed. City Attorney Luwe stated that if the City successfully reach an agreement with the developer, an escrow account could be established with an estimated amount for impact fees. . He noted that the amount in the escrow account could then be adjusted once the impact fees have been established. He cautioned the Commission that, in practicality, this approach may be difficult to administer. City Manager Wysocki asked if the applicant would be receptive to this type of approach. Mr. Joby Sabol, attorney representing the applicant, stated that is not an approach that has occurred to any of those representing the applicant; therefore, he cannot respond at this time. Responding to Mayor Vincent, the City Attorney reminded the Commission that the applicants need a decision 50 they can determine how to proceed with providing water and sewer services to their development. . Mr. Sabol suggested that the Commission could vote to approve this request with the condition that an escrow account be established; and the applicants could then make their decision on whether or not to proceed with this option before next week's Commission meeting. Responding to Mayor Vincent, the City Manager stated that if the Commission votes negatively on this request, the applicant could still come back with a different proposal for Commission consideration. Director of Public Service Forbes stated that the facilities plan updates should be completed in nine months; and he projected that a majority of the work on establishing impact fees should be completed within three months thereafter. Mayor Vincent stated that, while he is not opposed to the requirement of an escrow . account, he feels that should be a part of the proposal rather than added in the decision-making process. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission deny the request submitted by Planned Development, Inc., to tie onto and extend City water and sewer services to the Fort Ellis Leisure Community. The motion carried by the 03-21-94 ___.._.._._.. '.____n____._______..____.__.., __ ----. .-.-------.. .- . -- .,--,,- -... - 6 - following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stueck. Certificate of ADpropriateness to modify an approved Conditional Use Permit for First Security Bank drive-in bank facility. 670 South 19th Avenue. to allow addition of accessory structure . Z-9410 This was the time and place set for consideration of the Certificate of Appropriateness to modify an approved Conditional Use Permit for First Security Bank drive-in facility, as requested by Jim Drummond for First Security Bank, under Application No. Z-9410. City Manager Wysocki reminded the Commission that this item had been listed under Consent Items at last week's meeting. It was withdrawn for discussion by Commissioner Frost; and the applicant requested that action be tabled for a period of one week so their legal counsel could be present. Senior Planner Dave Skelton presented the staff report. He stated this application is for a Certificate of Appropriateness to allow an accessory building as a modification to a Conditional Use Permit for a Planned Unit Development which the applicant obtained in 1990. . The Planner distributed to the Commission copies of three site plans which were submitted to the Planning staff during the Conditional Use Permit process. He noted the first, which is identified as Attachment" A", was submitted to the City Commission in 1990 as a part of the application for the Conditional Use Permit to allow construction of a drive-in banking facility at 670 South 19th Avenue. He reminded the Commission that this subject site lies within the South 19th Avenue entryway overlay corridor and is subject to the provisions of the design objective plans. He noted that in 1990, the Commission approved the Conditional Use Permit with conditions pertaining to off-street parking and landscaping; and the applicant submitted Attachment "B" to the Design Review Board and the Planning staff as a result of those conditions. He drew attention to the northeast corner of the site plan, where a "waste and ground tool storage area, wood fence enclosure" notation had been added. He noted that . this reflects a relocation and expansion of the waste storage area originally proposed in the southeast corner. He stated that the ORB and the Planning staff reviewed that site plan and essentially approved it, forwarding that approval to the Commission under "FYI Items". In March 1993, the final site plan was submitted, as noted in Attachment "C"; and, while the area for "waste and ground tool storage area, wood fence enclosure" had been enlarged, it was still 03-21-94 - 7 - depicted as a fenced area. He noted, however, that is the same location as the 20-foot by 30- foot by 16-foot-high structure, with a 10-foot-high overhead door, now exists. Senior Planner Skelton stated that, after reviewing this information, staff has determined that since 1990, some type of enclosure at the subject location was anticipated. . He noted, however, that elevations are typically provided for any type of structure proposed on the site, there were no elevations for an accessory structure. The Planner stated that a review of the plans submitted for the building permit revealed that a page was included in that set of plans showing an accessory building. He suggested that obtaining a Certificate of Appropriateness will bring the accessory building into compliance with the zone code and the entryway overlay corridor guidelines. Senior Planner Skelton stated that a copy of the summary report submitted to the Design Review Board and a copy of their minutes have been included in the Commissioners' packets. He reminded the Commission that under this report, staff has attempted to deal with an existing structure, forwarding recommendations for changes which would bring that structure more into compliance with the principal structure. He stated that the Design Review . Board accepted all of those recommendations except that they be allowed to use asphalt roll shingles rather than cedar shakes or asphalt shingles which would more closely match the principal building. He noted that, while changing the current 2: 12 pitch to a 4: 12 pitch hip roof with cedar shakes would be more in keeping with the principal structure, that was not included as a part of the conditions. Senior Planner Skelton stated that on March 18, Planning staff once again met with the adjacent property owners; and they continue to have concerns that this accessory structure degrades not only the bank property, but their commercial properties as well. He stated they believe that a cedar shake roof, building on a 4: 12 or even a 6: 12 pitch is necessary to bring the building into compliance with surrounding development. He noted this would require removing the top four or five rows of blocks. . The Senior Planner stated that, while the neighbors continue to have concerns about the structure, they believe that if the conditions recommended by the ORB plus change of the roofline are completed, the building will be more acceptable and help to protect the integrity of the area. He then noted that a telephone message from Dr. Rogers, forwarding his continuing concerns, has been submitted to the Commission. 03-21-94 - 8 - Commissioner Frost noted that the Design Review Board also added a condition requiring that additional berming be provided. Responding to questions from Commissioner Stueck, Planner Skelton stated that the site plans which the Planning staff reviewed did not contain any indication that an accessory . building was planned on the subject site; however, the plans which were approved for the building permit did. He then noted that, while staff was monitoring the construction process, the accessory building was constructed quickly and was first brought to staff's attention by one of the adjacent property owners. Mr. Bob Planalp, attorney representing the applicant, stated the accessory building has been constructed to house equipment to maintain the site. He noted that the Bank personnel have worked with staff and with the Design Review Board to resolve the issue since they received a letter from Mr. Skelton dated)January 31. Mr. Planalp then reviewed the sequence of events which have occurred to date. He noted the Planning staff sent a letter dated, March 1, 1993, to the bank outlining the approval of the Conditional Use Permit to allow construction of the drive-in bank facility. He noted that . in that letter, they were asked to provide seven copies of the revised site plan, floor plans and landscape plans, showing the required modifications, for issuance of a building permit. Prior to June 10, the applicant obtained a building permit for construction of the facility, as outlined in that letter. Mr. Planalp stated that Page 13 of the documents submitted by Mr. Grabow, architect for the project, shows the building which is now the subject of controversy. He noted that a number of the pages in those plans contain changes which were made by the Building Inspection Department, although Page 13 contains no changes. Mr. Planalp stated that since receiving the January 31 letter, the Bank has been working with the City in an effort to resolve the concerns of the neighbors. He emphasized the fact that what has been constructed on the site to date has been constructed in accordance . with the plans upon which a valid building permit was issued. Mr. Bob Planalp stated that at the March 4 Design Review Board meeting, he had forwarded concerns that the installation of shingles on a 2: 12 pitch roof could cause leakage problems and asked that rolled roofing be allowed instead. He stated that since that meeting, Mr. Grabow has assured him that shingles can be installed without incurring leakage problems. 03-21-94 - 9 - Mr. Planalp reviewed the additional costs which the Bank is incurring to bring this building into compliance with surrounding development. He estimated a cost of $13,600 to plant more trees, provide a brick face and Dryvit exterior and asphalt shingles. He stated that to require a change in the pitch of the roof and cedar shingles, as desired by the neighbors, . would cost in excess of $7,000, which would raise that total to $21,000. He stated the Bank would like to avoid the additional $7,000 expenditure and asked that the Commission follow the recommendations of the Planning staff and the Design Review Board. Senior Planner Skelton once again reviewed the procedure followed for obtaining approval of a final site plan and building permit. He reiterated that the final site plan references the subject area as a storage area with a wood fence enclosure; and no working drawings showing an accessory building were forwarded to that office. He emphasized that the issue before the Commission now is whether a Certificate of Appropriateness can be issued for that structure, indicating that it is basically in compliance with the Conditional Use Permit, the entryway overlay district guidelines, and ensures the integrity of the surrounding commercial development. . Mrs. Chris Rogers, representing her husband, Dr. Brian Rogers, read a statement into the record which had also been submitted to the Design Review Board. She stated they protest the present appearance of the cement block garage adjacent to their north property line, noting it is not in keeping with surrounding buildings. She noted that they can accept the conditions recommended by the Design Review Board plus changing the pitch of the roof. She stated this will bring the appearance of that structure more into line with the bank facility as well as surrounding development. Mrs. Rogers then spoke on behalf of herself, as a bookkeeper in an office which looks directly at the cement building. She stated that her initial thought was that it was a temporary building in which to store construction materials and later found it was to be permanent. She noted that her husband built the office complex at 1727 West College Street ten years ago, . after extensive review; and they are now going through the review process for another building at the corner of West College Street and South 19th Avenue. She noted the extensive amount of landscaping that they have provided around their office building, stating they have received the beautification award for two years. She encouraged the Bank to take the same pride in their property and to appropriately improve the appearance of their cement block building. 03-21-94 ~ - - 10 - Mr. Terry Povah, Manager of Hamilton Stores, 1709 West College Street, noted their building was also subjected to an extensive review process, with requirements for substantial off-street parking and landscaping. He stated that, like Dr. and Mrs. Rogers, he was shocked to find out that the "temporary building" was actually constructed under a building permit. He . stated that when he questioned Bank officials, he was told the building was constructed to store the float which they use in parades; and later he was told it would house snow removal and landscaping equipment. Mr. Povah stated that, while he is unsure of what happened that allowed this building to be constructed, he feels something must be done to enhance the structure's appearance. He encouraged the Commission to approve the conditions forwarded by the Design Review Board plus require a change in the roofline. He stated that the building's height is not in proportion to its width and length; and the change in roofline, with cedar shakes, would dramatically enhance its appearance. Mr. Povah questioned the figures which the applicant's representative forwarded, suggesting it may be possibly to complete the improvements for substantially less. . Commissioner Frost stated it is unfortunate that this building was constructed without the proper review. He noted the integrity of the area has been broken with this shed/garage; and he feels that the neighbors' concerns are legitimate. Commissioner Stueck stated concurrence with Commissioner Frost's comments. He then suggested that the brick face and Dryvit exterior could more dramatically enhance the appearance of the building than most people realize. He stated that to change the roofline would definitely be expensive and, while he does not like the roofline, he feels the overall appearance of the building will be satisfactory with only the exterior changes previously mentioned. Mayor Vincent stated concurrence with Commissioner Frost's comments. He suggested that the building should be compatible with the neighborhood and consistent with . the applicable rules and regulations. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness to modify an approved Conditional Use Permit, as requested by First Security Bank, under Application No. 2-9410, to allow the 03-21-94 ...._____n -.-- - 11 - addition of an accessory building at their new drive-in bank facility at 670 South 19th Avenue, subject to the following conditions: 1. That the applicant finish the bottom ten (10) feet of the structure with a brick face similar in color to that installed on the principal building and that the remaining top portion of the structure be finished in a synthetic Dryvit finish in a cream color similar to the . fascia of the drive-up bank facility; 2. That the applicant finish the roof of the structure in cedar shakes or asphalt shingles similar in texture and color as that of the principal building; 3. That the applicant install a cluster of three (3) coniferous trees immediately behind the structure, one (1) deciduous shade tree on each side of the structure between the cluster of three (3) trees and the single coniferous tree already proposed on both sides, and that all five (5) trees be installed having a minimum height of ten (10) feet to twelve (12) feet; 4. That the applicant provide substantial berming in conjunction with the landscaping to be installed around the sides and back of the accessory structure, in a manner which will complement the landscaping; and 5. That the applicant include the above improvements in the financial guarantee and improvements agreement for the conditional use permit for the project; that all the improvements outlined above be noted accordingly on revised plans and elevations for review and . approval by the Planning Office prior to issuance of an occupancy permit by the Building Department; and that the application for a Certificate of Appropriateness be approved by the City Commission prior to issuance of an occupancy permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Youngman and Commissioner Stiff; those voting No being Commissioner Frost and Mayor Vincent. Continued discussion - review of City's sidewalk installation Dolicv. as set forth in Commission Resolution No. 2816 This was the time and place set for the continued discussion for review of the City's sidewalk policy, as set forth in Commission Resolution No. 2816. Included in the Commissioners' packets for the March 7 meeting was a memo from . City Engineer Craig Brawner, dated March 2, 1994, forwarding the final revision of the City's sidewalk installation policy. City Engineer Brawner reminded the Commission that Commission Resolution No. 2816 was adopted in 1990. He stated that the revised policy, as submitted, reaffirms the policy that sidewalks are to be installed on both sides of all street frontages, and provides 03-21-94 ... .-..-.. ...-- .-..- ._.. _. n.nu_. _ _.. _u - 12 - direction on how the sidewalk is to be installed. He noted that, subsequent to adoption of the policy in 1990, the City Commission established a five-year sidewalk installation program, based on recommendations forwarded by the PedestrianlTraffic Safety Committee. When the City began to implement the policy and program, it became apparent that the installation of . sidewalks along certain streets would be extremely difficult, e.g., South Third Avenue south of Kagy Boulevard. The City Engineer stated that in the revised policy, he has proposed rating and ranking criteria to assist in prioritization of sidewalks. He noted, however, that this will not eliminate the typical problem of people asking the Commission for reconsideration when sidewalks are ordered in front of their homes. City Engineer Brawner stated that, while the Commission discussed this policy quite extensively at their meeting of March 7, he did not receive any direction on any proposed modifications to his final draft of the sidewalk policy. He asked that they provide that direction at this time, so the policy can be finalized. Mayor Vincent noted that, since a public hearing has already been held on this item, . all discussion will be among the Commissioners and between Commission and staff. City Attorney Luwe noted that residents from the Figgins Addition have submitted a request, dated March 21, 1994, that the Commission reconsider requiring the installation of sidewalks along the cul-de-sac streets. He cautioned the Commission that this request should be considered as a separate agenda item on a future agenda. City tV\anager Wysocki noted that questions keep arising about those sidewalks ordered in last summer. He stated that, unless the Commission directs otherwise, those sidewalks will still be installed under that order. He then noted that questions have also been raised about the three cul-de-sacs which were excepted from last year's order. He stated the Commission must make a determination on the installation of those sidewalks, due to the lack of right-of-way and the extraordinary costs that will be associated with any installation of . sidewalks. He reminded the Commission that under the revised policy, Section 3.1 states "Sidewalks are required in all areas of the City... It; and Section 3.8 states"... Sidewalks shall be installed on all permanent cul-de-sac streets in accordance with the provisions of this policy." 03-21-94 - 13 - Commissioner Stueck once again forwarded his questions and concerns, which he had raised at the March 7 meeting. He suggested that Section 3.5 be amended to include language providing for the installation of sidewalks in new subdivisions at the time a home is constructed or within three years of plat approval, so that the policy corresponds with recent Commission . actions. The Commission concurred in the proposed change; however, they felt it more appropriate to add that language to Section 3.6. Commissioner Stueck then suggested that Section 3.13.3 be revised to state "The City Engineer and the City Commission and/or the City Manager determines the need to install the sidewalk on private property exists. " Commissioner Stueck asked how Section 3.11 might apply to a subdivision like the recently-approved Valley Creek Subdivision. The City Engineer responded that Section 3.11 applies to existing subdivisions, not to new subdivisions. He then cited South Third Avenue as an example of "an arterial street which abuts the rear lot line of an existing parcel". Commissioner Stueck asked if an allowance for removal of mature landscaping should be included under Section 3.17. The City Engineer cautioned that if mature landscaping is . located where the sidewalk is to be installed, it has probably been planted in the public right-of- way by a private individual, without prior approval from the City. He further reminded the Commission that, if possible, the sidewalk could be curved around a mature tree under the sidewalk policy. He then stated it would be appropriate to exclude landscaping outside the private property line from the excessive costs for installation of a sidewalk, rather than asking the City to bear those costs. The Commission concurred with the City Engineer's comments. Commissioner Stueck stated he still does not like the term "required" in Sections 3.1 and 3.2, and suggested that it be changed, possibly to "necessary". Following discussion, the City Engineer suggested that the format be changed to combine Sections 3.1 and 3.2, providing subsections to enumerate the exceptions to the basic statement that "Sidewalks are required on both sides of the street in all areas of the city." The Commission concurred that . change would address the concerns which have been expressed. Commissioner Stueck stated that he still feels that, except for safety-related issues, he feels that 51 percent of the residents in a neighborhood should be able to petition to not install sidewalks, particularly since there is a provision for 51 percent of the residents to 03-21-94 . .-.-- - 14 - petition for sidewalks. He then suggested that Section 3.3 be revised to provide for that option. Commissioner Youngman stated she feels the revisions contained in this policy go a long way toward addressing the concerns expressed during the public hearing, particularly the - rating criteria sheets. She noted that, philosophically, there are some short cul-de-sac streets in the community where the need for sidewalks is so low on the priority list that there appears to be no need. She further recognized that, with that low priority, it will be quite some time before those sidewalks will be required under the rating criteria established in this policy. Commissioner Youngman also noted that some concerns have been expressed by residents of neighborhoods) that were designed without sidewalks/ may be asked to install sidewalks under this policy. She noted that, while the neighborhood may work well with the original property owners in it, people do move; and the character of the neighborhood can change dramatically. She suggested that with such a change, possibly including the addition of handicapped individuals andlor children, the installation of sidewalks may be necessary to ensure public safety. She concluded by stating that this policy is the most appropriate one that e the Commission could adopt. Mayor Vincent stated concurrence with Commissioner Youngman's comments regarding use of the rating criteria to prioritize the installation of sidewalks. City Engineer Brawner noted that if the City continues to require that all new subdivisions install sidewalks and continues an annual sidewalk installation program that provides for the installation of sidewalks in those areas where they were not required as a part of the subdivision, there will come a time when even the lowest priority sidewalks will be installed. Mayor Vincent stated he is torn on this issue. He noted that he had previously voted against requiring sidewalks along all streets in the community. He stated, however, that is the policy under which the City has operated for several years; and many people have been . required to install sidewalks on that basis. He noted that to change the policy now would be unfair to those individuals who have already installed their sidewalks. He then indicated that, based on his last statement, he will support adoption of the revised sidewalk policy. Mayor Vincent stated that where his father lives in Bellevue, Washington, the subdivision was constructed in the mid 1950's, without sidewalks; and they still don't have 03-21-94 - 15 - sidewalks. He noted, however, in that community, the City installs and pays for the sidewalk, rather than requiring that the property owner bear the costs. If a neighborhood recognizes the need for a sidewalk, the residents may petition to have a sidewalk installed in all or a portion of the subdivision. . City Engineer Brawner suggested that if the City were to pay the costs of installing sidewalks, there would probably be more requests for installation of sidewalks in this community. He noted that since the property owner bears the costs, the interest in installing sidewalks is lower. Commissioner Youngman noted that on the rating sheet, 1 to 5 points are given for written public support. She then suggested another line be added under which 1 to 5 points would be subtracted for written public opposition. She stated this would recognize the opposing element as well and possibly provide greater balance on the rating sheets. Following a brief discussion, the Commission concurred in adding a separate line item under B. on the Sidewalk Need Rating Criteria Sheet. City Engineer Brawner questioned whether the majority should rule, or whether the . issue of safety of the children and possibly the handicapped should be carefully considered as well. City Manager Wysocki stated that staff will make the changes to the policy upon which the Commission has just agreed, and bring the resolution adopting the revised policy back for Commission action at next week's meeting. City Attorney Luwe stated that if the changes in the sidewalk policy create any conflicts with the current ordinances on sidewalk installation, he will bring back the necessary revisions to those ordinances, Request for permission to sell t-shirts. sweatshirts. and donated food and beveraaes in coniunction with Doa Walk-a-thon at Bogert Park on Saturday. May 7. from 8:00 a.m to 3:00 p.m. - Humane Society of Gallatin Valley . Included in the Commissioners' packets is a memo to City Manager Wysocki, dated March 9, 1994 from Melody Dirks, Executive Director of the Gallatin Valley Humane Society, requesting permission to sell t-shirts, sweatshirts, and donated food and beverages for a fund- raiser for the Humane Society of Gallatin County. 03-21-94 - u_ - 16 - City Manager Wysocki reminded the Commission that the City's park use ordinance indicates that the sale of goods in the parks will not be allowed unless the Commission approves a specific request. Responding to Mayor Vincent, Ms. Catrina Pryor, representing the Humane Society, . stated that the donated food will probably be in the form of ice cream. She stated that it will be refrigerated and that the handling will meet health standards. Commissioner Frost stated he feels this request meets the park use ordinance. Commissioner Youngman stated she feels a policy should be established, with a clear set of standards for consideration of this type of request. She noted the Commission has three totally distinct and different requests to consider in this and the following two agenda items. She noted that this is a non-profit event, which she feels can appropriately be approved. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the request submitted by the Humane Society of Gallatin County to allow the sale of t-shirts, sweatshirts, and donated food and beverages in conjunction with the Dog Walk-a-thon to be held at Bogert Park on Saturday, May 7, from 8:00 a.m. to 3:00 p.m. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Reauest for Dermission to sell DODcorn. caramel corn. beverages. snow cones. cotton candy. Deanuts and balloons at band concerts this summer - Bogert Park - AI & Arlene Fiscus. A & A PODcorn Included in the Commissioner's packets was a letter from AI & Arlene Fiscus, owners of A & A Popcorn, dated March 10, requesting permission to sell popcorn, caramel corn, beverages, snow cones, cotton candy, peanuts and balloons at band concerts this summer in Bogert Park. Mr. Fiscus, applicant, stated he and his wife have purchased a restored 1929 Model . A popcorn truck from which they wish to sell popcorn at the band concerts. He stated they are fully insured for liability. He then requested that an electrical hook-up be provided for their truck during the band concerts. He stated that he and his wife have attended the band concerts; and they believe that their popcorn truck could add to the atmosphere of the concert. 03-21-94 - 17 - Responding to Commissioner Stueck, Mr. Fiscus stated they have recently purchased this unit and are scheduled for sixteen events throughout the State. He stated that they have not yet required the appropriate City of Bozeman permits, but will do so before operating in this community. . Responding to Commissioner Stueck, the City Manager stated that vendor permits on Main Street are for a specific location; and the vendor must have written permission from the owner of the business in front of which he is located. He noted that he has denied a request from another individual with a popcorn truck to sell from his truck parked at the curb. Responding to Commissioner Stiff, the City Manager stated that if the Commission approves this request, staff will work out the details for an electrical hook-up. Responding to Commissioner Youngman, Mr. Fiscus stated he has talked to Mr. Ralph Challender, who has been active in the band for many years; and he has indicated his support. He stated, however, he has not approached the band as a whole. Commissioner Youngman stated she feels it is important that the band have some input on a request which involves their concerts. She also noted that in the letter, the applicant . has indicated an intent to play music during the band breaks; and she feels that may be inappropriate because the two types of music are very different. Mr. Fiscus stated that the music is strictly optional and does not need to be a part of their business. City Manager Wysocki suggested that, since this request involves a commercial venture, it should be very carefully considered. He also stated that if the Commission approves this request, he wants to retain the opportunity to reconsider the approval if the process does not seem to be working properly. Commissioner Youngman stated she feels it is important for the Commission to establish a policy before it makes decisions on this type of request. City Manager Wysocki stated the ordinance was written as it is to allow Sweet Pea . and Farmers' Market to conduct their activities. He noted that concern was raised about specifically listing those events in the ordinance, so the term "community-oriented event approved by the city commission" was inserted; and that language can cause problems in administering the policy. He reminded the Commission that in the past, no activity for private 03-21-94 - 18 - gain has been allowed in the park. He did note that this situation is unique because it is actually accessory to an existing event. Commissioner Frost stated his concern about allowing certain groups to operate in the parks on a for-profit basis, while possibly not allowing others. He suggested that any policy . on the use of parks should be simple and easy to administer. Mr. Fiscus stated that if the for-profit status of his request is the issue, he is willing to give a percentage of the profits to the band, noting that he can understand the Commission's concerns. City Manager Wysocki stated there is adequate time to delay a decision on this request until after a policy with objective criteria has been established. He suggested that if any Commissioners have any concerns or items to be addressed in the policy, they forward those items to the Clerk of the Commission within the next few days. He encouraged Mr. Fiscus to contact the Band Board in the meantime, to see of the band as a whole is supportive of his proposal. The Commission deferred action on this request until after they have had an . opportunity to establish a policy regarding the sale of items in public parks. Reauest for permission to conduct four or five fundraising parties in SoroDtimist Park at various dates during the summer - to include the sale of alcoholic bevera{Jes. food vendors and business oriented products - Cat Country 93. 7 Included in the Commissioner's packet was a letter to City Manger Wysocki, dated March 9, 1994, from Jeff Welch, Market Consultant of Cat Country 93.7, requesting permission to conduct four or five fund raising parties to include the sale of alcoholic beverages, food vendors and business oriented products in Soroptimist Park at various dates during the summer. City Manager Wysocki stated this request is similar to the previous request, except on a larger scale. He noted the primary issue is the use of public land for private gain. He also . encouraged the Commission to consider how the public will benefit from an activity like this. Responding to the Mayor, City Manager Wysocki characterized this proposed fund raising activity as "BACC II in the park". He then stated he does not believe that sale of alcohol in the park, in conjunction with this fund raising activity, is appropriate. He suggested that conducting this type of activity on private property may be more appropriate, although he 03-21 ~94 - 19 - would still remain concerned about the sale of alcohol. He indicated that he has briefly discussed these concerns with Mr. Welch. Commissioner Stueck stated his opposition to the sale of alcohol on public property. Mr. Jeff Welch stated his group also wishes to avoid any problems associated with . the sale of alcohol. He stated the intent of this proposed fund raising activity is to attract downtown business people to the park on a Wednesday afternoon, after work, to relax for a few minutes and view the products available. He noted that they would plan to carefully monitor the sale of alcohol, to ensure that no one gets out of hand. He stated that, while the sale of alcoholic beverages may attract people, if necessary, that item could be eliminated from the proposal. Commissioner Frost stated he has concern about the sale of alcohol; and he has a problem with the idea of people selling their wares in a public park. He stated this proposed activity cannot be compared to "Lunch in the Park" at Missoula or to the Sweet Pea activities held locally. Commissioner Stiff stated he cannot support this proposal because of the alcohol and . the use of public parks for sale of private items. Mayor Vincent stated he is also concerned about the consumption of alcohol in a public park; and he does not support the idea of "SACC II in the park". He stated that, while the concept is not a bad one, he does not feel a public park is the appropriate site. Responding to Mr. Welch, the City Manager stated that most of the parking lots in the downtown area are City-owned and are operated by the Parking Commission. He suggested that a parking lot might be a viable alternative location in the downtown area, although the Parking Commission must make the final determination on the request. Mr. Jeff Welch reiterated his desire to keep this proposed activity in the downtown area because it is targeted toward the business people. Due to the concerns raised, the City Manager suggested that Mr. Welch may wish to . withdraw his request in its present form and work with City staff in an effort to find a suitable alternate location. Mr. Jeff Welch withdrew his request from Commission consideration, indicating his intent to pursue alternative sites in the downtown area for the proposed fundraising parties. 03-21-94 - 20- Recess - 6:05 D.m. Mayor Vincent declared a recess at 6:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. . Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearing - Zone MaD Amendment - A-S to PLI - Bozeman School District No.7 - COS No. 482. located in the SE % of Section 24. T2S. R5E. MPM (28.759-acre Darcel located alona west side of South Third Avenue apDroximately % mile south of intersection with Graf Street) (Z-9404) This was the time and place set for the public hearing on the Zone Map Amendment from "A-S", Agriculture-Suburban, to "PLI n, Public Lands and Institutions, requested by the Bozeman School District No.7, under Application No. Z-9404, for a 28.759-acre parcel known as Certificate of Survey No. 482, located in the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly . located along the west side of South Third Avenue approximately ~ mile south of its intersection with Graf Street. City Manager Wysocki noted that, included in the Commissioners' packets, was a letter from Mr. Craig McVicker, on behalf of Bozeman School District No.7, requesting that this hearing and the following public hearing be opened and continued to April 18, 1994. Mayor Vincent opened and continued the public hearing to April 18, 1994, per applicant's request. Public hearina - Commissioner Resolution No. 2955 - intent to annex 28.759-acre tract located in the SW%. SE%. Section 24. T2S. R5E. MPM (west side of South Third Avenue) This was the time and place set for the public hearing on Commission Resolution No. . 2955, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2955 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE 03-21-94 -- - -..- - ..-.--..-- - 21 - BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened and continued the public hearing to April 18, per applicant's request. . Public hearina - Zone MaD Amendment - R-O to B-2 - Bob Heil for Harry F. Stannebein and Sherman H. VeltkamD. Co-Trustees - Lot 2. Block 1. Triangle Area Annexation (2302 West Main Street) (Z-9405) This was the time and place set for the public hearing for the Zone Map Change from R-O, Residential-Office, to B-2, Community Business, requested by Bob Heil for Harry F. Stannebein and Sherman H. Veltkamp, Co-Trustees, under Application No. Z-9405, for lot 2, Block 1, Triangle Area Annexation. The subject parcel is more commonly known as 2302 West Main Street. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He briefly summarized the written staff report, noting the subject parcel currently contains a single-family residential dwelling. Surrounding land uses include B-2 zoned land which has been commercially . developed to the east, west and north, and R-Q zoned land upon which the Wagon Wheel Mobile Home Court is located to the south. The applicant proposes to convert a portion of the residence to a retail service outlet business. The Senior Planner stated that staff has reviewed this application in light of the twelve criteria set forth in the Montana Code Annotated for consideration of zone map amendments; and those findings are set forth in detail in the written staff report. He stated the proposed amendment is in compliance with the master plan and is consistent with surrounding development on three sides of the subject property. He noted that, even though the subject parcel is only .303 acre in size, in the long-term as properties in the area improve, it will probably become an extension of the existing commercial development. . Planner Skelton forwarded staff's recommendation for approval of the requested zone map amendment. He noted that, following its public hearing held on March 1, the Planning Board concurred and forwarded its recommendation for approval of the application as well. Mr. Bob Heil, applicant, stated he is starting a time and temperature telephone business out of his home and is beginning some other computer home occupation activities. 03-21-94 ---.". - 22 - He stated that, since he is a gunsmith, he hopes to turn his hobby into a full-time business with a small retail area; and that is the reason he is seeking this zone map amendment. He emphasized the fact that this is the only single-family structure in the immediate area; and he feels this amendment is appropriate. . Senior Planner Dave Skelton reminded the Commission that consideration of this zone map amendment must be based on the twelve criteria set forth for zone map amendments. He further reminded them that all uses allowed in the B-2 zone must be considered, and that a specific proposal will be reviewed under the appropriate site plan review process. No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Vincent closed the pUblic hearing. There were no Commissioner objections to waiving of 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 from R-O, Residential-Office, to B-2, . Community Business, requested by Bob Heil for Harry F. Stannebein and Sherman H. Veltkamp, Co-Trustees, under Application No. Z-9405, for Lot 2, Block 1, Triangle Area Annexation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearina - Conditional Use Permit - Jim and Vlckv ThomDson for Dona Costello and Margie A. Brickley - allow construction of a 1.404-sauare-foot buildina to be used as day care center on Lot 10. Block B. Marwvn Addition (111 Highland Boulevard) (Z-9403) This was the time and place set for the pUblic hearing on the Conditional Use Permit requested by Jim and Vicky Thompson for Dona Costello and Margie A. Brickley, under Application No. Z-9403, to allow construction of a 1,404-square-foot building to be used as . day care center on Lot 10, Block B, Marwyn Addition. The subject site is more commonly known as 111 Highland Boulevard. Mayor Vincent opened the public hearing. Assistant Planner Dave Grigsby presented the staff report. He stated the applicant is proposing the construction of a 1,404-square-foot, single-story building to house a day care 03-21-94 - 23 - center on a lot just south of the intersection of Highland Boulevard and East Main Street, with access to be provided from Highland Boulevard. He noted the appropriate off-street parking and landscaping are to be provided; and the play area is designed so it will not encroach into the required setbacks. . The Assistant Planner stated that surrounding uses include commercial development to the north and east and residential development to the west and south. He stated that, because of covenants on the subject lot, the applicant was required to seek the approval of at least 50 percent of the property owners in the subdivision to allow the development of a day care center on this subject parcel; and she has obtained the necessary signatures. He stated the proposed day care center is to be a Montessori-type development, with a maximum of 25 students. The Assistant Planner stated that staff has reviewed this application in light of the six criteria set forth in the zone code; and the detailed findings are contained in the written staff report. He noted that, as a result of that review, staff recommended conditional approval of this application. Following its public hearing on March 1, the Planning Board forwarded its . recommendation for approval, subject to nineteen conditions. Mrs. Vicky Thompson, applicant, stated she has taught in a Montessori school for ten years. She noted that the Montessori schools in town are pre-schools; and the parents are required to find a day care facility for half-days when their children attend those pre-schools. She stated that it is often difficult for parents to accommodate this change in child care at mid- day; and her proposal is to provide day-long child care in a Montessori school setting. Mrs. Thompson also noted there are no other day care facilities in that part of town. She stated that when she sought to place the day care on the subject parcel, she was unaware of the covenant restrictions. She noted that submitting this proposal to residents of the Marwyn Addition and obtaining their approval has provided a good opportunity to meet with the residents. She characterized the support as good, with only a few people not interested . in signing the necessary paperwork to allow her day care. Mrs. Thompson stated that her facility will be licensed as a day care by the Department of Family Services; however, she continues to view it as a Montessori school. She stated that she believes this is an appropriate use of the subject parcel. 03-21-94 ----- - 24- Ms. Joyce Hanulah spoke in support of the proposal. She stated that her daughter has attended the school where Mrs. Thompson teaches, and characterized Mrs. Thompson as a good teacher and caring person. She noted concerns have been expressed about the inadequate amount of parking to be provided. She stated that the Montessori school is very . different trom the typical day care facility because a teacher greets the child at the vehicle and takes the child into the school. She noted this results in a very efficient operation and a short period of parking. She then encouraged approval of this application. Assistant Planner Grigsby noted that the applicant has worked closely with staff during the entire process. Responding to City Manager Wysocki, Mrs. Thompson indicated she has no problem with the nineteen conditions recommended by the Planning Board. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of 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 Stueck, that the Commission approve the Conditional Use Permit requested by Jim and Vicky Thompson tor Dona Costello and Margie A. Brickley, under Application No. Z-9403, to allow construction of a 1,404-square-foot building to be used as day care center on Lot 10, Block B, Marwyn Addition, subject to the following conditions: 1. That the applicant submit a separate application for a sign permit; 2. That adequate snow storage area must be designated outside the site triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder) and shown on the final site plan. Snow removed from the parking lot and drive aisle shall not be placed or piled in the public street right-ot-way; 3. That the final site plan shall include an area designated for playground equipment and shall include detail drawings showing . typical structures, materials, and size including height; 4. That the final site plan shall include a garbage enclosure location and details; 5. That the tinal plan shall include a landscape plan which meets all code requirements and points tor landscaping, including irrigation, and screening from adjacent residential uses. The final plan shall also indicate how the required landscape points are being met (Le. plant groupings, trees, etc.); 03-21-94 .. - ... ...--- .-- - 25 - 6. That a concrete curb or sidewalk shall be included around the entire parking lot and drive aisle to the front property line and shown on the final site plan; 7. That the applicant shall pave the parking lot and access to the existing Highland Boulevard pavement; 8. That the applicant shall provide and file with the County Clerk and . Recorder's office executed Waivers of Right to Protest creation of S.I.D.s for: a: Signalization at main Street and Highland Boulevard; b: Future improvements to Highland Boulevard; 9. That the applicant shall obtain a "Curb-cut Permit" for the driveway approach from the City Engineering Office prior to construction thereof; 10. That sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant; 11. That a Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing . and discharge destination, and a stormwater maintenance plan. Site drainage shall not be allowed to run into the Highland Boulevard right-of-way; 12. 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; . 13. 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; 14. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 15. That all of the special conditions shall be consented to in writing by the applicant; 16. That seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City . Commission shall be submitted for review and approved 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; 17. That the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed 03-21-94 -..."..- --.-. .. -- - 26- cost estimates, construction plans and methods of security shall be made a part of that Agreement; 18. That a building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a Building Permit is issued; and . 19. That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Public hearing - Commission Resolution No. 2954 - intent to annex 13.4247-acre tract known as Tract 1, COS No. 1224. located in the SW%. Section 32, T1S. R6E, MPM (2100-2150 Story Mill Road) . This was the time and place set for the public hearing on Commission Resolution No. 2954, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2954 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOlEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOlEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Associate Planner Kevin Wall presented the staff report. He reminded the Commission that the written staff report was included in the packets for the February 22 meeting. He further reminded the Commission that they have conducted a public hearing on a zone map . amendment for the subject parcel; and approval of that application was contingent upon completion of the annexation process. He noted that many of the issues and concerns reflected under the zone map amendment are also reflected under this annexation request. The Planner stated that staff has reviewed this application in light of the eight goals 03-21-94 - 27 - and twelve policies set forth in Commission Resolution No. 2716; and the detailed findings are included in the staff report. Associate Planner stated that in the staff report, he has forwarded staff's recommendation that the following issues be addressed in the Annexation Agreement, if the . Commission decides to proceed with the annexation: 1. The owner shall execute and file waivers of right to protest the creation of special improvement districts for the following: A. Street improvements (including paving, curbl gutter, sidewalks and storm drainage improvements) to East Griffin Drive; B. Street improvements (including paving, curbl gutter, sidewalks and storm drainage improvements) to L Street from North Wallace to Story Mill Road; and C. Signalization improvements at the intersection of Griffin and Bridger Drives; 2. The owner shall consent, in writing, to the nomination of the Mill site to the Nation Register of Historic Places; 3. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat . approval, final site plan approval or the issuance of any building permit, whichever comes first; 4. An appropriate urban zone map designation must be applied for and approved by the City Commission in accordance with applicable law; and 5. The applicant shall provide a mylar record annexation map which meets the requirements of the Director of Public Service. The Associate Planner noted that the applicant has already met Condition No.4, with a recently-approved zone map amendment, contingent upon annexation. Mr. Keith Swenson, applicant's representative, stated that many of the items and issues raised in review of this annexation request were also covered in the recent zone map amendment process. He stated the applicant is most anxious to preserve this vital historic aspect of the community; and he is working closely with staff to find alternative means for . dealing with improvements to the site through the Planned Unit Development process to ensure that the integrity of the site is maintained. He stated an interest in proceeding through the appropriate processes and getting the large metal building renovated and into operation as quickly as possible. No one was present to speak in opposition to the requested annexation. 03-21-94 -- _____..__ ~. ....._._._.__..__._____ .. .___..____. ____...._m__.._...._ ._..._....___ - 28 - Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct staff to proceed with the annexation process, preparing a . resolution of annexation for Commission action as soon as the applicant has executed the Annexation Agreement, subject to the five conditions listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Public hearina - Commission Resolution No. 2956 - intent to annex 10.0.acre tract known 8S the E%. W%. NE%. SW%. Section 11. T2S. R5E. MPM (south side of West Babcock Street. north of Main Mall) This was the time and place set for the public hearing on Commission Resolution No. 2956, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2956 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF . BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that this subject 10-acre tract is a part of a master plan for a 27-acre development. He noted that, since the three parcels involved in this development were located in County Zoning District No.1, the applicant has been required to go through a four-step process: (1) master plan amendment to establish a land use designation; (2) zone map amendment to an urban density; (3) annexation; and (4) subdivision review. He noted that the master plan amendment and zone map amendment have been completed, contingent upon annexation; and the preliminary plat for the . subdivision is scheduled for review on April 18. Senior Planner Skelton stated that staff has reviewed this application in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716; and a detail of those findings is contained in the written staff report. He stated that all three parcels, when combined, although they have been the subject of three separate annexation requests, display 03-21-94 - - .--... --.--- - 29 - benefits for the community and will result in the orderly growth of the city limits. He stated that, based on the findings contained in the staff report, staff recommends approval of the annexation, subject to eight items to be addressed in the Annexation Agreement, as follows: 1. That the landowner execute documents for recording and filing at the Gallatin County Clerk and Recorder's Office for waivers of . right to protest the creation of the following special improvement districts and/or rural improvement districts: A. Improvements to West Babcock Street; and B. Signalization at the intersection of West Babcock Street and West Main Street; 2. That the landowner provide the appropriate fee in lieu of usable water rights in accordance with the calculated amount determined by the Director of Public Service; 3. That the landowner make application for a Master Plan Amendment for an appropriate land use designation and to incorporate the subject parcel into the Bozeman City-County Planning Board's jurisdiction, and that the application be approved by the City Commission in accordance with applicable law; 4. That the landowner make application for a Zone Map Amendment for an appropriate urban designation, and that the application be approved by the City Commission in accordance with applicable law; . 5. That the applicant provide documentation of the appropriate payment to the City of Bozeman for payback to Mr. Harry Daum for initial connection to the existing sanitary sewer; 6. That the applicant provide documentation of the appropriate payback to SID No. 622 for connection to the existing water main; 7. That the applicant provide a mylar record annexation map which includes legal metes and bounds description completed by a Montana licensed surveyor of the annexation request identifying the general area of the parcel in question and the adjacent public road right-of-way; and 8. That development of the proposed annexation will provide an appropriate internal vehicular transportation system that is workable for the subject property and immediate area including proper accesses onto West Babcock Street and any additional collectors and/or arterial streets that may be impacted by development of the property in question. . Senior Planner Skelton distributed a copy of a memo from him to City Engineer Brawner and Director of Public Service Forbes, dated March 11, pertaining to special improvement districts for West Babcock Street. He noted that the information in this memo is applicable to both this agenda item and the next agenda item. 03-21-94 ----------- - 30- The Senior Planner reviewed the contents of the memo, noting that it pertains to the subdivision review process and not to this annexation hearing. He stated it is imperative for the Planning staff to gather as much information as possible when reviewing the preliminary plat application to ensure that all pertinent issues are addressed. He stated that mitigating the . impacts to West Babcock Street is one of those issues which must be addressed under the subdivision review process; and that is why waivers of right to protest the creation of SID's and/or RID's is being required under the annexation process. He emphasized the fact that all issues pertaining to actual development of the subject site are to be forwarded during review of the preliminary plat, which is scheduled for public hearing before the Planning Board on April 5 and for Commission action on April 18. Mr. AI MacSween, 314 Wilda Lane, characterized the traffic on West Babcock Street as "horrendous", stating it is very difficult to walk along or even cross the street. He noted that the applicant is to be required to sign a waiver of right to protest the creation of an SID or an RID for improvements to West Babcock Street. He then asked if those improvements are to be installed before or after the subdivision, citing timing of those improvements as a critical . issue. He also asked how many people would be involved in an improvement district if one is formed. The City Manager responded that timing of the improvements is an issue to be addressed in the subdivision review process. He then indicated that the boundaries of any district to improve West Babcock Street have not yet been determined. He stated that in the past, the County has indicated no interest in a joint SID/RID for the improvement of that roadway, so any district formed would probably not include those properties outside city limits. Mr. MacSween stated that, with the number of unanswerable questions that remain at this time, he is opposed to the requested annexation. Mayor Vincent assured those in attendance that, the Commissioners also have a high level of concern about West Babcock Street, due in large part to the development occurring in . that area; and they are interested in addressing those problems as quickly as possible. City Attorney Luwe noted that many of the concerns which have been voiced are to be addressed under review of the preliminary plat for the subdivision. He emphasized the fact that the public hearing on a preliminary plat is held before the Planning Board; therefore, it is imperative that the concerned neighbors attend that meeting and provide their input. He further 03-21-94 _n - 31 - cautioned the Commission that when they consider the preliminary plat, their decision is based strictly on the record and recommendations forwarded by the Planning Board, with no public input being accepted at that time. Senior Planner Skelton stated that staff has just received an application for the . subdivision; and that application is available for review in his office. Mrs. Sandra Koch, 104 Y2 Wilda Lane, forwarded her concerns about West Babcock Street, stating she feels that improvements to that roadway are needed before any more development occurs. She stated that, through the years, even though development has occurred, the road has remained narrow and unimproved. Ms. Cheryl Smith, former resident on Wilda Lane, asked what will happen to Wilda Lane, with all of the surrounding land being annexed into the city. The City Manager stated that under the City's current and past procedures, Wilda Lane will remain outside city limits until a majority of the residents seek annexation. He noted that they will remain in County Zoning District No. 1 and will be subject to those rules and regulations. . Ms. Esther Reiter, 3006 West Babcock Street, stated that if this subject property is annexed, her 1/3 acre will be totally surrounded by the city. The City Manager noted that, while the City does have some legal authority to annex wholly surrounded lands, it has not done so for many years. Senior Planner Skelton reminded the Commission that another concern is degradation of water. He noted that the Health Department no longer approves the installation of septic tanks and drainfields in that area; therefore, access to the City's infrastructure becomes a critical issue to existing and future development. Mr. Keith Belden, consulting engineer representing the applicant, indicated he has no comment at this time. Since there were no Commissioner objections, Mayor Vincent closed the public . hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to proceed with the annexation process, preparing a resolution of annexation for Commission action as soon as the applicant has executed the Annexation Agreement, subject to the eight conditions listed above. The motion carried by the 03-21-94 _..n - 32 - following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Public hearina - Commission Resolution No. 2957 - intent to annex 4.O-acre tract known as the west 132 feet of the E%. E%. NW%. SW%. T2S. R5E. MPM (south side of the 3100 block of West Babcock Street. north of Main Mall) This was the time and place set for the public hearing on Commission Resolution No. 2957, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2957 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated the findings for this . annexation request are identical to those forwarded in the previous public hearing. He noted that, since the master plan amendment and the zone map amendment processes had already been started prior to the processing of this annexation request, staff has recommended that six items be addressed in the Annexation Agreement, as follows: 1. That the landowner execute documents for recording and filing at the Gallatin County Clerk and Recorder's Office for waivers of right to protest the creation of the following special improvement districts and/or rural improvement districts: A. Improvements to West Babcock Street; and B. Signalization at the intersection of West Babcock Street and West Main Street; 2. That the landowner provide the appropriate fee in lieu of usable water rights in accordance with the calculated amount determined by the Director of Public Service; . 3. That the applicant provide documentation of the appropriate payment to the City of Bozeman for payback to Mr. Harry Daum for initial connection to the existing sanitary sewer; 4. That the applicant provide documentation of the appropriate payback to SID No. 622 for connection to the existing water main; 03-21-94 - 33- 5. That the applicant provide a mylar record annexation map which includes legal metes and bounds description completed by a Montana licensed surveyor of the annexation request identifying the general area of the parcel in question and the adjacent public road right-of-way; and 6. That development of the proposed annexation will provide an appropriate internal vehicular transportation system that is . workable for the subject property and immediate area including proper accesses onto West Babcock Street and any additional collectors and/or arterial streets that may be impacted by development of the property in question. Mrs. Sandra Koch, 104 % Wilda Lane, noted this subject parcel is a long, narrow tract and asked if access from Wilda Lane may be sought rather than using West Babcock Street. She noted that Wilda Lane is a private road which the residents maintain themselves; and she does not believe it would be appropriate to have this property access onto their road. Mr. Keith Belden, consulting engineer for the applicant, stated that under the application for preliminary plat which has recently been submitted to the Planning Office, access is to be provided from West Babcock Street. He assured Mrs. Koch that access from Wilda Lane has not been contemplated. Since there were no Commissioner objections, Mayor Vincent closed the public . hearing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct staff to proceed with the annexation process, preparing a resolution of annexation for Commission action as soon as the applicant has executed the Annexation Agreement, subject to the six conditions listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Break - 8:15 to 8:20 D.m. Mayor Vincent declared a break from 8:15 p.m. to 8:20 p.m., in accordance with . Commission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2964 - to Dlace question of study commission on ballot for June Drimarv election City Manager Wysocki presented Commission Resolution No. 2964, as approved by the City Attorney, entitled: 03-21-94 ----..---- -- -.---- ,. -..- -. - -- --- - 34- COMMISSION RESOLUTION NO. 2964 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF CONDUCTING LOCAL GOVERNMENT REVIEW AND ESTABLISHING A STUDY COMMISSION, PURSUANT TO SECTIONS 7-3-171 THROUGH 7-3-193, M.C.A. . The City Manager reminded the Commission that this item had been removed from the Consent Items for discussion. Commissioner Youngman proposed that the language to be placed on the ballot be revised to read "The review of the form and structure of the government of the City of Bozeman and establishment of a local government study commission..." She suggested that the bolded language be included in both the "For" and "Against" statements on the ballot, stating she feels that the revised language better depicts the issue upon which a vote is being cast. City Attorney Luwe stated that the language contained in the resolution was taken directly from the State statute. He then noted that since the statute indicates that the language on the ballot must be substantially in that form, the revision proposed by . Commissioner Youngman would be acceptable. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission adopt Commission Resolution No. 2964, calling for an election on the question of conducting local government review, as revised to include Commissioner Youngman's proposed language. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . (1 ) Copies of letters which Assistant City Manager Brey had received from John Barham, dated March 16, and from Frances and Lawrence Nelson, dated March 18, regarding cable television services and costs. (2) Copy of a letter dated February 18, from Code Enforcement Officer Beall to all business owners, reminding them of the amortization schedule in the sign ordinance. 03-21-94 -- --- - 35 - (3) Copy of a letter from the State of Montana Department of Fish, Wildlife & Parks to Neighborhood Coordinator/Grantsperson James Goehrung, dated March 16, announcing that only the top priority Land and Water Conservation Fund project will be partially funded this fiscal year. . (4) Memo from the Montana Department of Transportation announcing the proposed North 7th Avenue/I-90 signalization project, which is to be constructed next spring. (5) Minutes for the Highway Commission telephone meeting of February 8 and regular meeting of January 14, 1994. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 22, at the Carnegie Building. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March 22, at the Carnegie Building. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 22, at the Courthouse. (9) Copy of survey results from the State Chamber of Commerce office . regarding four petitions and initiatives which are proposed as ballot issues. (10) The City Manager submitted his weekly report, as follows. (1) As a board member for MMIA, he attended an insurance authority and pooled insurance meeting last week. (2) Asked the Commissioners if they prefer the two larger or three smaller signs for the residential parking district; three of the Commissioners responded that they prefer the two larger signs. (3) Indicated that staff met with representatives from the Bozeman School District regarding the conditions which staff has recommended for approval of their annexation request. He cautioned the Commission that in that instance, annexation is the step at which all desired conditions must be attached because, as a public entity, the School District is actually exempt from being required to meet the zone code requirements. (11 ) Commissioner Stueck submitted the following. (1) Attended the GDC . meeting last week. (2) Stated that a conversation with County Commission Chairman Dave Pruitt revealed that two soccer fields were set aside at the Fairgrounds, in conjunction with the American Legion baseball field project. (12) Commissioner Frost submitted the following. (1) Distributed copies of the guidelines for new construction in Salt lake City to the Commissioners, noting that while they 03-21-94 ..--...----.--. - 36- are based on the Secretary of Interior standards, they have been designed to fit Salt Lake City. He suggested that development of this type of local standards could alleviate some of the problems and concerns being encountered in Bozeman. (2) Noted that an article on the front page of Cody, Wyoming, newspaper indicates that they have just entered into an agreement . with TCI Cablevision for their television services. He then noted that the Buffalo Bill Museum in Cody is one of its main attractions, yet some people who live in Cody don't know about it, reflecting the fact that there are those who choose to remain uninformed. (13) Commissioner Youngman submitted the following. (1) Attended the TCC meeting on Wednesday. (2) Announced that she will be speaking at the lunch following the clean-up activities on April 9. (3) Announced that she will be addressing the morning Kiwanis Club next Thursday morning. (4) Attended the Interagency Breakfast on Wednesday morning. (14) Commissioner Stiff noted his recent move to the north side of town. He cited the traffic problems in that area, questioning whether North 20th Avenue is the traffic problem, or whether Durston Road is really the problem. He then requested that discussion of the proposed cul-de-sac on North 20th Avenue be placed on next week's agenda, in light of . the concerns which have been voiced to him recently by residents in the area. He stated this discussion would be most appropriately held before the engineering design of the cul-de-sac is completed. Commissioner Stueck noted that preliminary drawings of the cul-de-sac were presented to the Recreation and Parks Advisory Board at its last meeting. He noted that several concerns were expressed about the proposed design because of the amount of park space that would be taken and because of the potential safety hazards that could be encountered with the additional parking along the park. Mayor Vincent stated his concurrence that the issue should be discussed. He noted the Commission has received petitions on both sides of the issue; and he feels that this would allow for Commission response to those petitions. . City Attorney Luwe reminded the Commission that the transportation plan, with its prioritized list of projects, has been adopted following a series of public meetings and public hearings. He noted, however, that for those projects involving the closure of a street, a majority of the property owners must petition for that closure or the Commission must go through the street vacation process prior to implementing that project. 03-21-94 --. - 37 - (15) City Attorney luwe announced that he and Director of Public Service Forbes have hired a secretary, Edie Vacca, who they will share on a half-time basis. (16) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for next week's meeting. (2) Attended a portion of the meeting with telephone vendors . being held today, beginning at 9:00 a.m. ( 17) Mayor Vincent submitted the following. (1) Announced that he has received positive responses to the idea for town meetings, with transportation being the topic for the first one. (2) Stated that during spring break this past week, he spent time thinking about how this Commission is functioning; and he is pleased with the results. He stated that the division and breakdowns along philosophical lines which were predicted prior to seating of this new Commission have not been reflected in the Commission's actions to date. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Findings of Fact - aDDroval of preliminary Dlat for Valley Creek (formerlv Vallev Homestead) Subdivision (21.2 acres located 695 feet south . of West Babcock Street and 135 feet east of Yellowstone Avenue) Authorize Commissioner Frost to attend the National Trust for Historic Preservation "National Town Meetina" . Tampa. Florida - May 1-5. .1n4 It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Adjournment - 8:50 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, Commissioner Stueck and Mayor Vincent; those voting No, none. 03-21-94 ~- - 38- ~~i:r~ . ATTEST: ~~~ R IN L. SULLIVAN - Clerk of the Commission . . 03-21-94