Loading...
HomeMy WebLinkAbout1993-10-04 ccm . . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA October 4. 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 4, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - SeDtember 27. 1993 Mayor Swanson deferred action on the minutes of the regular meeting of September 27, 1993, for a period of one week, since the Commissioners received them just prior to the meeting. .Staff reDort - request for annexation of 27. 5-acre tract located in the NW Y. . Section 15. T2S. R5E. MPM (south side of U.S. Highwav 191. west of Ferauson Avenue extended) as submitted bv Donald V. and Bethene R. Alderson (Kountz Mobile Home Park) This was the time and place set for presentation of the staff report on Application No. A-9304, as requested by Morrison~Maierle/CSSA on behalf of Donald V. and Bethene R. Alderson, for the annexation of a 27.5-acre tract located in the northwest one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at the southwest corner of the intersection of Huffine Lane and Ferguson Avenue extended and is more commonly known as the Kountz Mobile Home Park. Associate Planner Kevin Wall presented the staff report. a copy of which was included in the Commissioners' packets. He reviewed the adjacent land uses, which include single-family and enulti-familY to the north, single-family and commercial to the west, and vacant agricultural/and to the south and east. He noted the subject property is located on the south side of Huffine Lane; and city limits are %-mile from the city limits on the south side of the road and are kitty-corner across the intersection of Huffine Lane and Ferguson Avenue on the north side of the road. 1 0-04~93 _. _._n.. ___n_ __u_._ __._ "" -. . - 2 - Associate Planner Wall stated this application has been reviewed in light of the eight goals and twelve policies contained in Commission Resolution No. 2716; and those findings are set forth in the written staff report. He highlighted those findings, reiterating that the subject parcel is contiguous to the city limits only at its northeast corner. He noted that annexation of the parcel .WiII result in an island of annexed territory, surrounded on four sides by unannexed land. He stated that, since the parcel is essentially developed, with established access points, annexation of the property will have little or no effect on the existing transportation system. The Associate Planner stated that the subject property is not currently serviced by any City services; however, the subject site lies within the City's urban service area boundary. He stated that connecting to the City's sewer system could alleviate some of the problems being encountered by a failing septic system. He noted that the tract is currently served by nineteen septic systems and uses a community water system which is supplied by two wells. He stated that he just received a report from the Gallatin County Health Department today, notifying him of another septic failure on or about Friday. He stated that mitigating this problem is one the primary motivating factor behind this application for annexation. . The Planner noted that no future trail links have been identified in the plan. He noted, however, that protection of the Farmer's Canal would be reviewed in conjunction with any additional development of the tract. Associate Planner Wall stated that the 1990 Bozeman Area Master Plan designates the subject site as Urban Residential; and the current development is in compliance with that designation. He noted, however, that if the subject property is zoned A-S; and after annexation, that zoning designation must be changed to an urban residential zoning designation. He stated that, since the subject parcel is largely developed, the Director of Public Service has recommended that the applicant be required to pay the cash-in-lieu of water rights payment prior to finalization of the annexation. He noted that the applicant has indicated his intent to add fifteen to eighteen additional mobile home site within the next two years. . The Associate Planner stated that the Police Chief has forwarded his comments in opposition to the requested annexation because his Department's ability to respond is limited. He noted that the subject tract is essentially an island, with a substantial amount of unannexed land between it and the current city limits. He noted the Fire Marshal has also forwarded his concerns. He stated those include a request that the ID numbers on the mobile homes be upgraded so they 1 0-04-93 .___..._u._ -.-- ...----- -.-. ...-----.-- ----- - -..-.-". - 3 - are more readily visible, that location maps be provided at the entrances, and that the westernmost access road be looped or a turn-around be provided at the end. The Fire Marshal also indicated that an adequate water supply for fire protection purposes must be provided. The Associate Planner stated that Gary Griffith, Bozeman Public Schools, has indicated _hat the District already provides transportation for the site. and that the school system could probably accommodate any additional students from the anticipated eighteen new units. Associate Planner Wall stated that it may be appropriate to require oversized water and sewer mains to the subject site, to accommodate future growth in that portion of the community. He noted that, per City policy, the City would pick up any of the costs attributable to oversizing of those lines. Associate Planner Kevin Wall stated that staff has identified several issues for the Commission to consider; however, it is unable to forward a recommendation. He noted that the application does comply with some of the goals and policies, and does not comply with some of the goals and policies. He suggested that addressing some of the inherent environmental problems due to the septic problems by providing City sewer service to the site is probably one of the more eompelling reasons to proceed with the annexation process. Mr. Glenn Wood, Morrison-Maierle/CSSA, indicated he is representing the applicant. He stated one of the main reasons for requesting annexation is because of the nineteen septic systems which service the subject site. He noted they have been in place for twenty years; and the applicant is experiencing difficulties with them. He noted the Gallatin County Health Department has been evaluating the systems and has forwarded letters regarding its findings. He indicated that connecting to City sewer would alleviate all of the environmental problems that are being encountered. Mr. Wood stated the applicant is interested in seeking connection to only the City sewer system at this time because of the costs involved. He estimated that connecting to the sewer service will cost $400,000; and adding the costs of connecting to water makes a prohibitive eituation. He stated that, while he understands the concerns raised by the Police and Fire Departments, he feels that the environmental issues are overriding issues. Responding to Mayor Swanson, Mr. Wood stated that a maximum of eighteen units may be added to the subj'ect site. 10-04-93 . - 4 - Mayor Swanson questioned what type of liability to the City may encounter if it were to annex the subject site without requiring an adequate water supply for fire protection; Mr. Wood responded that issue must be resolved. Responding to questions from Commissioner Knapp, Mr. Wood stated that each septic _vstem services five to six mobile home units. He stated that No. 19 is now back in service. noting the problem was in a broken line that leads to the drainfield. Further responding to Commissioner Knapp, Mr. Wood stated fire protection is now provided by the Rae Volunteer Fire Department. He noted they have some small tanker trucks; and they have a large portable pond which they erect and feed with large tank trucks. Mayor Swanson noted there is language in the staff report that suggests the possibility of creating a special improvement for the installation of water system improvements in the future. He then asked if a time certain could be included in that condition. Mr. Wood stated the Engineering Department has indicated the need for a looped system. He suggested that the City should possibly assist in looping of the system, noting that Mr. Alderson is willing to pay his fair share of those costs. . Responding to additional questions from Commissioner Knapp, Mr. Wood stated that each of the septic tanks is a 3,OOO-gallon size. He noted that when they were installed twenty years ago, they were the standard size; however, they do not meet today's standards. He indicated that larger drainfields would be required; and a different type of septic tank arrangement would be required. City Manager Wysocki suggested the possibility of pursuing a special improvement district for the installation of both water and sewer services at the same time. He noted the costs of installation might be lower if both are installed at the same time; and providing both services could address the questions and concerns which have been raised. He noted the serious groundwater contamination problems that are currently being encountered, and the need to address them as quickly as possible. . Mayor Swanson stated he feels that addressing the environmental issues is extremely important, reminding the Commission that the creation of a water quality district is one of their top priority items for this fiscal year. He then stated he feels it is important to find some new R-MH zoning, since affordable housing is a very high priority for the Commission this year. He noted that the spaces for eighteen additional manufactured homes could be beneficial. 10-04-93 ..-- - 5 - Mayor Swanson noted the need for a stop light at the intersection of U.S. Highway 191 and Ferguson Road. He noted that many of the residents in Valley Unit Subdivision have emphasized the need for an access point onto West Main Street in addition to the West Main Street/West Babcock Street intersection; and he feels that this could provide a good second access. . The Mayor then stated he feels that location maps and better identification numbers would be a good idea, as well as a looped access road, are important components of the annexation. He also noted his interest in seeing sewer services installed immediately, with water service being installed within three to five years. Commissioner Knapp stated she feels that the number and condition of the existing septic systems is a problem; however, she is also concerned about the City's liability for fire protection if water service is not extended immediately. Commissioner Vincent stated he feels the timeframe for installation of a City water service is extremely important. Commissioner Frost stated that groundwater is his primary concern. He noted an interest in funding the costs through a special improvement district, asking what those costs might be. He etated he is willing to support the annexation with sewer services being extended immediately if water services are extended at the same time. The City Manager concurred in the importance of providing sewer and water services as quickly as possible, particularly because of the need to provide for adequate firefighting inside city limits. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize and direct staff to prepare a resolution of intent to annex the subject 27.5- acre parcel commonly known as Kountz Mobile Home Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. rdinance No. 1375 - Salar Ordinance for Fiscal Year 19 City Manager Wysocki presented Ordinance No. 1375, as approved by the City Attorney, entitled: ORDINANCE NO. 1375 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 1 0-04-93 --.. - 6 - MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of September 20, and recommended that it be finally adopted _t this time. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1375, establishing the salaries of specified employees for Fiscal Year 1993-1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ratifv award of bid for expansion of Senior Center to Tavlor Construction. Bozeman. Montana. in the base bid amount of $144.867 plus six alternates totalling $10.390: per recommendation from the Board of Directors for the Bozeman Senior Center City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Judy Morrill, Director of the Bozeman Senior Center, dated September 28, along with a copy eOf the bid tab form. The City Manager noted that the bid tab reflects the amounts bid by the low bidder for the base bid and the alternates, as follows: Base Bid Expansion $ 144,867. Alternate 1 Cabinets in reception area 1,590. Alternate 2 Basement windows 1,800. Alternate 3 Carpet/tile in basement 2,400. Alternate 4 Paint basement walls 1,700. Alternate 5 Install north wall 1,000. Alternate 6 Install and paint soffit panels 1,900. Alternate 7 Second opening in basement wall 3.800. Total base and seven alternates $ 159.057. The City Manager noted that the Senior Center Board of Trustees has forwarded its recommendation that the bid be awarded to Taylor Construction for the base bid plus the first six elternates. He then expressed his concern about not including Alternate No.7, which will provide for two openings in the basement wall between the existing basement and the new addition, for safety reasons. He forwarded his recommendation that the Commission award the bid, including Alternate No.7, with the City paying the $3,800 cost of that alternate. 10-04-93 ---- -- -. - ----- -, --. - 7 - The City Manager stated that the Seniors have raised $140,000 for this project to date; therefore, they are approximately $15,000 short of covering the costs of this expansion. He forwarded his recommendation that the Commission award the bid with the understanding that the City will loan the Seniors the difference, at no interest. He asked the Commission to not set a _igure for the loan, since it may be necessary to approve change orders that would result in Increased costs. Responding to Mayor Swanson, Ms. Judy Morrill, Director of the Bozeman Senior Center, stated the Seniors have raised over $156,000 for this project and have expended some of those monies on the architectural services. She noted that, while the Seniors are very interested in having two openings in the existing basement wall, they were also trying to reduce the costs as much as possible and felt it would be possible to live with just the one opening. She then concurred that having two openings would be much better than just one. She noted they had anticipated a low-interest loan from the City; and she is very pleased at the proposal of a no- interest loan. The Commissioners, in turn, thanked the Seniors for their work in maintaining the .expanding the Senior Center. Responding to Mayor Swanson, Ms. Morrill stated that construction is to begin within 30 days of execution of the contract documents. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve award of the bid for expansion of the Senior Center to Taylor Construction, Bozeman, Montana, in the base bid amount of $144,867 plus the seven alternates above, in the amount of $14,190, for a total amount of $159,057, with the understanding that the City will pay for Alternate No.7 and will finance the difference between what the Senior Citizens have raised for the project and the final costs of the project in a no-interest loan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 10-04-93 . --- - 8 - (1 ) Invitation to the annual Fire Prevention Breakfast, which was held this morning at the Fairgrounds. (2) Memo dated October 1, forwarding the names of those who have called the Clerk's office indicating their opposition to the sculpture selected for the North 7th Avenue _CulPture Park. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 5, at the Carnegie Building. (4) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 5, at the Carnegie Building. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 5, in the Commission Room. (6) Agenda for the County Commission meeting to be held tomorrow at 1 :30 p.m. at the Courthouse, along with daily minutes for the weeks of September 13 and September 20. (7) The City Manager submitted his weekly report, as follows. (1 ) He, Administrative Services Director and Clerk of the Commission Sullivan met with a gentleman from .he State who has agreed to develop a request for proposals for the City to replace its telephone system. He noted the County is also interested in upgrading its telephone system; and the possibility of a joint telephone system, in light of the relocation of City departments to the Law and Justice Center, is a real possibility. (2) Announced that the Parking Commission met last week, noting they are getting prepared to do some major planning. (3) Announced that the County is preparing to hire a consultant to complete a needs assessment, which is a requirement for eligibility for federal grants in the areas of economic development and housing. (4) Noted that Police Department activities have "warmed up in certain spots". (5) Announced that he has signed an operations agreement with the Humane Society for this fiscal year. He noted that their ten-year lease agreement comes up for renewal next year; and they are interested in pursuing another lease agreement that will allow for expansion of their operation. (6) Stated that Mayor Swanson made . good presentation to Rotary Club on Tuesday. (7) Announced that the Recreation and Parks Advisory Board will be reviewing its policy regarding the use of alcoholic beverages at the Lindley Park Center. He stated that, in light of problems which have occurred at the facility in conjunction with the use of alcohol, it is very possible the Board will ask the Commission to concur with policy changes which no longer allow alcohol at the facility. 10-04-93 ~ - 9 - (8) Commissioner Frost submitted the following. (1 ) Attended the Parking Commission meeting. He noted their intent to establish some goals, with the assistance of a facilitator. (2) Attended a meeting with Gene Cook, Daria Joyner, Director of Public Service Forbes and Assistant City Manager Brey, to talk about cleaning up and improving North 7th Avenue. He _oted that these discussions revolved around the installation of sidewalks and street trees, and possibly working with the State to see if some of the medians can be eliminated. He noted that Daria Joyner had initial discussions on this topic with business owners approximately two years ago; and they now seem ready to pursue it. (9) City Attorney Luwe submitted the following. (1) Announced that approximately a week and a half ago, he received word that the deed for the Burke Park property had been recorded; and he has prepared a draft lease for the retained lots, which will be forwarded to Mr. Burke. (2) Stated he is working on a litigation report, which he will forward to the Commission as well as provided to the auditors. (10) Clerk of the Commission Sullivan submitted the following. ( 1) Reviewed the room reservations which she has for the Commissioners in conjunction with the Montana League .f Cities and Towns Conference, which is being held this week in Great Falls. (2) Briefly reviewed the agenda for the October 12 meeting. (11 ) Commissioner Knapp reminded the Commissioners that their comments on the sidewalk policy are due on October 12. ( 12) Mayor Swanson requested a work session on impact fees, noting the issue has been in the news lately. He suggested this could include a review of the report which was completed in 1983 and an update from Director of Public Service Forbes and Planning Director Epple on the efforts which are being made to update that report and consider the addition of impact fees for schools. City Manager Wysocki stated if there is enough progress to warrant a work session, he will schedule one. . (13) Mayor Swanson submitted the following. (1) Announced he will be out of town most of the next two weeks, noting he will be attending a college reunion. (2) Announced that on Thursday, he assisted in taking some guests of the Land Trust to canoe on the Madison River; and it took six seconds for the first canoe to overturn. (3) Gave a "State of the City" address to the Rotary Club on Tuesday, and presented them with the Mayor's Award for the monetary 10-04-93 ~ 1 0 ~ contributions and the hours of volunteer work they have contributed to various City projects. (4) Announced that at the Rotary Club meeting, he asked them to respond to the survey about a general obligation bond issue, which he had presented to the Commission last week. He noted the responses were overwhelmingly positive, with the suggestion that a larger bond issue should be _OUght than what was proposed. (5) Stated that Justin Buchanan has been hired to lay the groundwork for a local water quality district; and steps will be taken to replace him in his old position in the Gallatin County Health Department. He stated there is a very strong indication that a $12,500 grant will be received from the State, which will increase the monies available to complete the work. (6) Indicated an interest in receiving an update on the Community Transportation Enhancement Program and the State's program. He suggested that possibly Planning Director Epple or Neighborhood Coordinator/Grantsperson Goehrung could gather the information and present an update at an upcoming Commission meeting. (14) Mayor Swanson reminded the Commission that the City Manager's evaluation must be finalized before the end of the calendar year. He requested that discussion of the evaluation process be placed on the October 25 agenda, so that everyone knows what process will .be followed and so that there are no surprises when the evaluation begins. (15) Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, reminded the Commission of the Balloonfest scheduled for this weekend at the Fairgrounds. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Fire Prevention Week 1993" - October 3~9. 1993 Commission Resolution No. 2937 - intent to annex Tract E~1. Certificate of Survey No. 1623. located in the SEY-. of Section 31. T1 S. R6E. MPM (1.9198~acre tract located alona the north side of Bridger Drive between Zia's and Horse World); set public hearina for November 1. 1993 COMMISSION RESOLUTION NO. 2937 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICUlARl Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. 1 0~04~93 . --... .~~~ - 11 - Commission Resolution No. 2938 - levving and assessina aarbaae assessments for Fiscal Year 1994: set Dublic hearina for October 18. 1993 COMMISSION RESOLUTION NO. 2938 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE . OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE. Commission Resolution No. 2939 - levving and assessina liahtina district assessments for Fiscal Year 1994: set public hearina for October 18. 1993 COMMISSION RESOLUTION NO. 2939 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTION 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12- 4333, M.C.A. Commission Resolution No. 2940 - levving and assessina delinauent sewer charges for Fiscal Year 1993: set Dublic hearina for October 18. 1993 COMMISSION RESOLUTION NO. 2940 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELlNOUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13- 4309, MONTANA CODE ANNOTATED. Commission Resolution No. 2941 - levvina and assessina delinauent snow removal charaes for Fiscal Year 1993: set Dublic hearina for October 18. 1993 COMMISSION RESOLUTION NO. 2941 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRA Y THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER . 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Commission Resolution No. 2942 - levving and assessing Dreliminary assessments on SDeciallmDrovement District No. 656 (water main in BurruD Annexation) - $392.000: set Dublic hearina for October 18. 1993 10-04-93 - 12 - COMMISSION RESOLUTION NO. 2942 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 656 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 656. . Commission Resolution No. 2943 - levvina and assessina Dreliminarv assessments on SDecial Improvement District No. 657 (paving of Lexington Drive) $130.000: set Dublic hearing for October 18. 1993 COMMISSION RESOLUTION NO. 2943 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 657 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 657. Acknowledge receiDt of Detition from residents along North 15th Avenue re installation of "no throuah truck traffic" sians: refer to staff Authorize City Manager to sian - Sewer line Reimbursement Agreement - Wal- Mart Stores. Inc. - Drovide for City Darticioation in reDlacement of the 21-inch sewer line across their DrODertv. in an amount not to exceed $30.000 . Authorize absence of Commissioner KnaDD from meetina of November 1. 1993. in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Knapp, 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 Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Recess - 4:50 D.m. Mayor Swanson declared a recess at 4:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. . Reconvene - 7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. 10-04-93 _____n______._ _..___. _ ____ __ ----. ..-----... --------- -. .-....-. -..------.-.-.- ....-..~.....-. - 13 - Public hearing - variances from Sections 18.50.100 and 18.50.050.F.2.. to allow the reauired 75% live vegetative around coverina to be reDlaced with a non-veaetative landscace element in the front and side yards and to allow existing playground equipment in the north yard on Lot 2. Block 1. University Sauare Subdivision - Buz and Judv Cowdrev for Kid's Decot. 2010 West Koch Street This was the time and place set for the public hearing on the variances requested by Buz and Judy Cowdrey for Kid's Depot under Application No. C-9312, from Section 18.50.050.F.2., .0 allow playground equipment that is currently located in the north yard, and from Section 18.50.100 to allow the required 75-percent live vegetative ground covering to be replaced with a non-vegetative landscape element in the front and side yards on Lot 2, Block 1, University Square Subdivision. The subject site is more commonly known as 2010 West Koch Street. Mayor Swanson opened the public hearing. Associate Planner Kevin Wall, along with staff intern Jackie Magnant, presented the written staff report which had been prepared by Interns Jackie Magnant and Sandy Palakovich. He reminded the Commission that in March, they approved a Conditional Use Permit application for the day care center, subject to several conditions. He noted that at the same time, they approved a variance to allow a greater lot coverage than was allowed by the traffic generation calculations. He stated the building is allowed to cover 19.5 percent of the lot because of that variance. . The Associate Planner then reviewed the surrounding land uses, which include a shopping center and retail stores to the north and northwest, and multi-family residential to the south, east and southeast. The subject site is located in an R-Q, Residential--Office, zoning district. Intern Jackie Magnant stated that staff has reviewed this application in light of the three criteria set forth in the zoning ordinance; and those findings are included in the staff report. She then highlighted the staff findings, noting the intent of the R-O district is to "provide visual buffering between land uses of differing character" and "enhance the beauty of the zoning jurisdiction of the City of Bozeman." She stated that the existing use of the north yard of the subject property does no~ meet these intent statements. She stated that staff was unable to identify any unnecessary hardships owing to conditions unique to the property. She stated that .taff has determined that to approve another variance which would allow the playground equipment would only compound the problems created by allowing the larger building on the site. She suggested the problems have been encountered because the applicants did not allow enough space for the playground equipment that is required by the Department of Family Services. She further noted that the playground equipment was not included on the final site plan for the conditional use 10-04-93 - 14 - permit. She cautioned that approval of these requested variances could result in an unwarranted precedent; and forwarded staff's recommendation that they not be granted. Mr. Buz Cowdrey, applicant, stated he did not receive the Planning Staff's written report until 4:00 p.m. today; and he was surprised and disappointed by their conclusion. He stated that _e does not believe this application is contrary to the public interest, particularly because of the importance of playground equipment at a day care facility. He stated that this particular equipment has been placed in the front yard because of the suggestion that the sizes and types of playground equipment for younger and older children be placed in two different areas. He noted they have received many positive comments about the playground equipment; and the Planning staff has received a number of letters of support for this application. Mr. Cowdrey stated he feels the Planning Staff does a good job of reviewing an application in light of the code requirements; however, he asked that the Commission incorporate common sense into its decision-making process. He noted that the playground equipment is not fixed in place but can be moved if necessary. He encouraged the Commission to approve the application as submitted. . Mr. Doug Fullerton stated he and his wife own the Kid's Depot, and are currently in the process of purchasing the land. He acknowledged that the playground equipment is located in the front yard setbacks, stating he does not consider it as an accessory structure. He noted that the playhouses which they have constructed for the older children are located in the back yard because . he recognized them as accessory structures and located them on the lot accordingly. Mr. Fullerton questioned whether the size of the playground equipment is the reason that staff has designated it as an accessory structure, even though it is movable. He then addressed the issue of landscaping, noting that the manufacturer of the playground equipment has recommended that pea gravel be placed under it because it does not pack down and creates a safe landing place for the children. He stated that, if necessary, they could install some sod in the less critical areas under the equipment. He also suggested that planting a hedge along the fence could elso minimize the visual impacts of the pea gravel. He then submitted four photographs to the Commission, showing the equipment in question. Mr. Fullerton reminded the Commission that the building has a 4,500-square-foot footprint, which represents 19.5 percent of the property. He noted that they installed more landscaping than was shown on the final site plan to enhance the property. 10-04-93 - 15 - Mr. Tom White, attorney representing the applicant, noted the changing needs of society, suggesting there will be more day care centers locating in commercial areas. He suggested that the public interest should be carefully taken into consideration, encouraging the Commission to allow the playground equipment to remain in the front yard. He noted that the safety and welfare eOf the children at the day care must be taken into consideration when reviewing the variance to the landscaping requirements. Mr. White encouraged the Commission to allow the planting of a hedge to minimize the visual impacts of the playground equipment. He noted the playground equipment allowed in the front yards of other day care centers, with high screening fences, which are no longer allowed under the new zone code. Mr. Tom White then reminded the Commission that the applicants must comply with the requirements of the Department of Family Services. Those include the requirement to separate the equipment used by the different ages of children and the issues surrounding the safety of the children. He encouraged Commission approval of the variances. Commissioner Knapp stated she feels the City acted in good faith when it granted the .variance for the larger building, only to find there is not compliance with the final site plan. She also questioned why the State's requirements for playground equipment were not addressed at that time, under the applicant's original request. Associate Planner Wall stated that a condition of approval was that the City receive documentation of approval from the Department of Family Services; and that letter has not yet crossed his desk. Planning Director Epple stated he respects the Department of Family Services' requirements for outside play areas. He stated that, while they require that the play areas be separated, the Department does not require that one of those play areas be in the front yard. He further noted there was no indication on the final site plan that the playground equipment would be placed in the front yard. . Responding to Commissioner Vincent, Planning Director Epple stated he is unaware of any staff member making any type of assurance to the applicant that playground equipment could be placed in the yard setbacks. Responding to additional questions from Commissioner Vincent, the Planning Director stated that, because of grade differences, the fence at Pooh Corner seems higher than its four-foot 10-04-93 --.--.- - 16 - height; and it actually considered the corner side yard as opposed to a front yard. He further reminded the Commission that Pooh Corner is part of the Southwood Planned Unit Development, which is a different process from the one following in this instance. Responding to more questions, the Planning Director stated that neither a fence nor a _edge may be more than four feet tall. He then cautioned that the Department of Family Services may not allow a hedge instead of a fence. Mr. Doug Fullerton stated if they had been aware of the definition of "accessory structure" and how it would be applied to their playground equipment, they may have approached the situation differently. He characterized this as a miscommunication between the Planning Staff and the applicants. Mr. Buz Cowdrey noted the discussion which has revolved around adequate playground equipment. He also stated they were lead to believe that if the State of Montana Department of Family Services and the Gallatin County Family Services were satisfied with the results, the City would be, too. .reak - 7:35 to 7:38 p.m. break from 7:35 7:38 p.m., to allow the Mayor Swanson declared a p.m. to Commissioners to confer with staff. Public hearing (continued) - variances from Sections 18.50.100 and 18.50.050.F.2.. to allow the reauired 75% live vegetative ground coverina to be replaced with a non-vegetative landscape element in the front and side vards and to allow existing plavground eauipment in the north yard on Lot 2. Block 1. University Sauare Subdivision - Buz and Judy Cowdrey for Kid's Depot. 2010 West Koch Street Commissioner Vincent asked what alternatives the applicants will have if the Commission denies these requested variances. Mr. White responded that, as Mr. Cowdrey had suggested, meeting the standards of the Department of Family Services is critical. He then quoted the last sentence of a letter from Ms. .osemary Miller, Community Social Work Supervisor with the Department of Family Services, in which she stated "I recommend that the infant play yard be allowed to remain in the front of the center yard which satisfactorily meets our requirement of a separate play yard for this age range." He noted that meeting the Department's requirements has now placed the applicant in conflict with the City's zoning ordinance. 1 0-04-93 - - - 17 - Further responding to Commissioner Vincent, Mr. Doug Fullerton stated that if the Commission denies the application, they must find an alternative location for the playground equipment that is satisfactory to the City. He noted that staff has indicated that the front and side yard setbacks are not acceptable; and there is not adequate space in the side yard to accommodate _he large piece of equipment. He then concluded they are a "little tight on space", given the size of the structure and the number of parking spaces required for that structure. Responding to the City Manager, Mr. Fullerton stated they could try to lease property from the adjacent land owner as an alternative. Responding to Commissioner Stiff, Associate Planner Wall stated he does not know if allowing the oversizing of the building is what started the current problems, although he does not believe that a building which covers 19.5 percent of the site is excessive. Commissioner Frost asked if the site plan in the packet is new, even though it is dated March. He then asked where the property is on the west side of the site, since it is not readily identifiable. Associate Planner Wall showed the Commission where the west property line is, noting .hat some of the improvements have been installed off site. Responding to Commissioner Frost, Mr. Cowdrey stated that when they viewed the site with the architect and the Department of Family Services, they noted how small the back play area was for all of the play equipment they wished to install. He stated that, since he also owns the lot to the west, he decided it would be appropriate to move some of the improvements over a few feet to the west. He noted this has allowed the detention area to be located outside the play area, which he feels is extremely important. Responding to Commissioner Frost, the Planning Director recognized that the detention/retention pond is to be located on site. He noted, however, that in this instance, it would be possible to require an easement agreement to accommodate the pond as it is constructed. Mr. Cowdrey noted that an easement has already been recorded at the Courthouse. . Planning Director Epple noted the site is too small for all of the things which the Fullertons , want to do in conjunction with the day care center. He stated he does not know when the decision was made to use the front yard in a way that was different than originally planned. He noted that when the discrepancies were identified is when the Planning staff became involved in the process again. 10-04-93 -- --- - 18 - Responding to Commissioner Frost, the Planning Director stated that a review of the Planning Board record reflects that there was discussion about the playground equipment being located in the rear and side yards. He reminded the Commission that the equipment may not be located in the required setbacks, which made placement of any sizeable equipment in the side yard _mpossible. Responding to Commissioner Frost, Mr. Fullerton stated there was not adequate room on the site plan for a play area on the side. He then stated that the applicants had always anticipated placing the playground equipment in areas other than the side yard. Commissioner Frost questioned why the applicants have not complied with the final site plan which was originally approved. Mrs. Cari Fullerton, applicant, noted that no playground equipment was shown on the site plan. Mayor Swanson stated the applicants have suggested that the size of the playground equipment is the prime factor. He then asked if the use of much smaller equipment would have changed the staff report; the Planning Director stated he does not believe so. He noted the focus .s on use of the front and side yard setbacks, concentrating on the front yard since that is the most obvious. City Manager Wysocki asked if there is more playground equipment on the site than is required by the Department of Family Services. Mr. Doug Fullerton responded that the Department has no specific requirement for the amount of playground equipment provided. Mr. Buz Cowdrey stated they felt it was important to provide a variety of playground equipment, addressing each of the different age groups at the facility. Mrs. Jennifer Bordy, 1822 West Lincoln Street, stated she has a 2 %-year-old child who attends the Kid's Depot. She noted they provide a much-needed service in Bozeman. She noted the building and playground equipment are very attractive. She also noted that a day care facility . compatible with the purpose of the R-O zoning designation. Mrs. Bordy noted that day care facilities which were constructed prior to adoption of the new zone code; and they were allowed to have playground equipment in the front yard and to have tall fences which screen it from view. She then stated that Bozeman is growing; and the Child Care Connections office does not have sufficient sources to meet everyone's needs. She 10-04-93 ~- - .-.....--- -., ,.- - .. ...------------. . - 19 - encouraged approval of the application, noting that this business does provide an important service to the community. No one was present to speak in opposition to the requested variances. City Manager Wysocki noted that the Clerk of the Commission has received a stack of _arm letters in support of this application. She submitted those letters to the Commission far their review. Planning Director Epple noted that the Planning Office had received a stack of similar letters prior to distribution of the staff report; and copies of those letters were included in the Commissioners' packets. Mr. Buz Cowdrey asked the Commission to approve the requested variances. He noted that they have not intentionally violated the zoning ordinance, but have attempted to provide a nice environment for the children who utilize the facility. Mr. Doug Fullerton stated that he and his wife became involved in this business because they noticed the lack of day care services available in Bozeman. He noted they have been open for 40 days and have over 140 children signed up for their services, including days, weekends, eVeningS and drop-ins. He encouraged Commission approval of this application, noting that the alternative is to remove some of the playground equipment. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. Mayor Swanson reminded the Commissioners that their alternatives for action include approval, disapproval or approval with conditions. Commissioner Vincent expressed his desire to defer action on this application, to allow him time to visit the site and consider the testimony that has been forwarded this evening. . It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the customary one-week waiting period for land use decisions be waived. The motion failed by the following Aye and No vote; those voting Aye being Commissioner Stiff and Commissioner Knapp; those voting No being Commissioner Vincent, Commissioner Frost and Mayor Swanson. 10-04-93 -.---- --- ,-.-- - ...... -----..- _ ____n ". '" - 20 - Mayor Swanson requested that the Commissioners forward any comments to staff as soon as possible. He then announced that he will be absent from next week's meeting and suggested that, since a super-majority is needed to approve a variance, it would be most appropriate to defer action until the afternoon session of the October 18 meeting; the Commission concurred. . Adiournment - 8: 1 0 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Frost. ATTEST: .if~ ;I~ ROBIN L. SULLIVAN Clerk of the Commission . 10-04-93