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HomeMy WebLinkAbout1993-06-21 ccm -.------ , , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 21, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, June 21, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost and Commissioner Stiff were absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - June 14. 1993 It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the .inutes of the regular meeting of June 14, 1993, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Presentation of awards to winners of 1993 Healthv Strides National Coloring Contest. soonsored bY National Recreation and Park Association and the California Prune Board Recreation Superintendent Suzette Harkin introduced the winners of the 1993 Healthy Strides National Coloring Contest. She stated that this coloring contest was part of the kick-off for the California Prune Board's Healthy Strides campaign, which is encouraging families to walk as a part of getting into shape and staying healthy. Mayor Swanson presented plaques to Jon Schwartz, winner of the K through 1st grade eompetition, and Britany Lee Barclay, winner of the 2nd grade through 3rd grade competition, congratulating them on their artwork. Reauest for oermission to address Commission re new prooosal for Cultural Plannina Process - John C. Barsness. Executive Director of Montana Arts Foundation City Manager Wysocki noted that, included in the Commissioners' packets, was a letter 06-21-93 :-.._-~--- . I - 2 - from John Barsness, dated June 17, forwarding a revised proposal for the cultural planning process. Mr. John Barsness, Executive Director of the Montana Arts Foundation, reminded the Commissioners that he had forwarded his initial proposal for the cultural planning process in February and had withdrawn that proposal in April, based on an anticipated negative response. He eurther noted that the City forwarded several questions and issues to which responses were needed; and he has just completed those answers. Mr. Barsness highlighted the revised proposal, noting that it includes updating of the existing cultural inventory, which was completed in 1990, and expanding that inventory to include a three-mile radius of the city. He stated that either three or four public meetings will be held, in which people will be encouraged to provide information that will assist in the updating of the inventory, assist in identifying and prioritizing cultural needs, and assist in identifying strategies for implementation of the recommendations. Mr. Barsness stated that under this proposal, his office will complete the work, rather than through an outside consultant. He noted that this would be done under the auspices of a seven- .member oversight committee comprised of three representing the cultural committee, three representing the business community and one representing the City. He noted that this proposal would cost a total of $3,000, with $1,500 being funded through a Montana Arts Council grant and $1,500 being funded through a contribution from the City. He stated this is a $2,000 reduction from the original proposal, due strictly to the work being done in-house. Mr. Barsness stated that, in addition to updating and expanding the cultural inventory, under this proposal his office will collect some demographic information and assess the actual dollar impact that the arts and cultural activities have on the community. He then noted that he has received several letters of support for this proposal, including letters from the Bozeman Symphony Society, the MSU Department of Music, and the Montana Council for International Visitors. Mr. John Barsness stated that he must complete all of this work on a very abbreviated .\fOrk schedule, since the project must be completed by the end of November. He stated that after the plan is completed, he will submit it to the Commission for consideration and action. He assured the Commission that the requested action will not include any proposal to incorporate this plan into the Master Plan. 06-21-93 -..... ----..--.--.--. ......- .--------- , , - 3 - Mayor Swanson thanked Mr. Barsness for his additional work on this proposal, noting his support for the requested City contribution. Commissioner Vincent stated support for the proposal. He then encouraged Mr. Barsness to conduct four public meetings, with the fourth being held in October so that those involved with eMSU can be given an opportunity to participate, since their input could be valuable. City Manager Wysocki recommended that the Commission approve the expenditure of $1,500 to fund the City's portion of the costs for this proposal. He further cautioned that audit requirements for the expenditure of monies for this project may be more extensive than Mr. Barsness' standard operating procedures provide for, suggesting that the Commissioners may wish to require that his paperwork provide the detail necessary to meet the City's audit requirements. It was moved by Commissioner Knapp, seconded by Commissioner Vincent, that the Commission authorize Mr. Barsness to proceed with updating of the cultural plan, as proposed, and authorize the expenditure of $1,500 in City monies for the project, requiring that Mr. Barsness provide any additional paperwork that may be necessary to meet audit requirements for the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner _napp, Commissioner Vincent and Mayor Swanson; those voting No, none. w Discussion - comments forwarded by Peccia and Associates re sDecific elements in adoDted tranSDortation Dlan City Manager Wysocki reminded the Commissioners that, included in their packets, was a memo from Planning Director Epple, dated June 17, forwarding a letter from Doug Widmayer, Peccia and Associates, dated June 14, regarding the Bozeman Urban Transportation Plan 1991 Update, as adopted by the City Commission and the County Commission. Planning Director Andy Epple reviewed the comments which Mr. Widmayerforwarded in his letter of June 14 regarding two of the changes adopted by the City Commission and the County Commission. He presented the first comment for discussion, noting it pertains to TSM SE3. He eeminded the Commission that under this item,~ they had voted to approve the future installation of a bicycle lane on the south side of Mendenhall Street and the north side of Babcock Street, after off-street parking has been provided to replace the parking spaces that would be displaced by the removal of parking along one side of each of those streets. He stated that the consultant is concerned because this language would place the bicycle lanes on the left side of the streets; and 06-21-93 . - 4 - American Association of State Highway and Transportation Officials (AASHTO) standards provide for bicycle lanes on the right side of the street. The Planning Director stated that in subsequent conversations with Mr. Widmayer, he had forwarded the concept that by having bicycle lanes on the left side of the one-way streets, .biCYClists can more easily make their maneuvers toward the downtown area, instead of facing the need to cross two lanes of traffic. He acknowledged, however, that drivers are used to bicyclists being on the right side of the street; and having a bike lane on the left side of the street carries inherent dangers. Mayor Swanson stated he does not have a problem with the recommendation. He then asked on which side of the street the parking would be removed. Commissioner Knapp suggested that decision does not need to be made at this time. She also suggested that the language be adjusted simply by not specifying upon which side of the street the bike lanes are to be installed, allowing the AASHTO standards of the day to govern. Planning Director Epple suggested the language in SE3 be amended to state"... establish bike lanes between 3rd and Rouse Avenues on Mendenhall Street and Babcock Street in .ccordance with AASHTO standards, ... "; the Commissioners concurred. The Planning Director then forwarded Mr. Widmayer's comments on TSM SE25, pertaining to the bike lane on South Willson Avenue. He reminded the Commission that the compromise language in this TSM provides for one bike lane, installed on the east side of the street. He noted that Mr. Widmayer questioned why a bike lane on the east side, which is the downhill side where bikes travel almost as fast as the vehicles, instead of the west side, which is the uphill side where vehicles travel faster than bikes. He further indicated it is not a good practice to have a bike lane on just one side of a two-way street, particularly because of the confusion it may create for young bicyclists just learning to ride on the street. He stated, instead of this compromise, Mr. Widmayer suggests that parking should be removed from one side of the street, thus allowing the installation of a bike lane on each side of the street. He noted that this recommendation is based on Mr. evidmayer's observation that there is very little parking on one side of the street. He stated that if these proposed changes are not made, Mr. Widmayer has indicated he will include a statement in the document which indicates that the consultant does not endorse the language in that section. Mayor Swanson noted that the Commission discussed the issue of bike lanes along South 06-21-93 - 5 - Willson Avenue at great length. He forwarded his continued interest in removing the parking from the east side of the street and striping bicycle lanes along both sides of the street. Responding to Commissioner Knapp, the City Attorney stated that if the bike lanes were not installed in compliance with AASHTO standards, the City would not be liable per se in case of .an accident; however, that fact could be used against the City in any argument about the case, in an effort to prove negligence. Mayor Swanson stated the Commission has agreed to the removal of parking and installation of bike lanes along 11 th Avenue, College Street and Grant Street. He expressed , concern that, since the Commission has already agreed to the removal of parking along those major streets, it would be inconsistent to not remove parking along South Willson Avenue as well. Commissioner Knapp noted that one of the Commission's main goals is to help maintain the downtown parking area; and adequate parking is a vital part of that goal. She stated that, while it might be possible to remove the parking from Garfield to either Curtiss or Olive, she could not support the removal of parking any closer 10 the downtown area. Director of Public Service Forbes suggested that a logical terminus for the bike lane would .e Babcock Street, rather than ending a bike lane in a rather illogical location. Commissioner Knapp stated that AASHTO standards are set for an ideal world. She noted that it appears the Commission is trying to do something fairly creative with an old street format; and the standards prohibit local governments from doing so without major construction. She stated the Commission is trying to establish bike lanes to encourage people not to drive cars; and the process is becoming very difficult. The Planning Director stated that the AASHTO minimum standards keep a community from going halfway on implementing changes. He stated that the dimensions and configurations established through these standards have been tried and determined safe. The Planning Director stated that Mr. Widmayer has made it very clear that the best option, if the Commission does not wish to remove parking from one side of South Willson Avenue, .s to leave it as is. He then stated that, from his own personal riding on Willson, he does not believe there are many conflicts along that street; however, he recognized that is a minority point of view. Mayor Swanson reiterated his view that to remove parking from one side of South Willson C' 06-21-93 - 6 - Avenue and install bike lanes on both sides would be advantageous to everyone, largely because of the better view it would create. Commissioner Vincent stated his desire to review the proposed configuration and view the street once again before making a decision. He stated that many cyclists, including him, prefer to .use other streets rather than riding on Willson. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the language in SE3 be revised to read" ... eliminate parking and establish bike lanes in accordance with AASHTO standards between 3rd and Rouse Avenues on Mendenhall Street and Babcock Street when replacement of lost off-street parking spaces (approximately 104 in total) is provided in alternative locations... ". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Following discussion, it was determined that the transportation plan should be completed as quickly as possible, with the understanding that a revision to TSM SE25 will be forthcoming immediately after the document has been finalized. u City Manager Wysocki noted that, included in the Commissioners' packets, was a copy of the information forwarded by the Planning Staff. Assistant Planner Dave Grigsby presented the staff report. He stated that under Application No. Z-9374, the applicants are seeking a deviation to allow a new gabled roof on an existing out-structure to encroach two feet into the required eight-foot side yard setback. He stated that, shortly before the Design Review Board's review of this application, some of the neighbors brought to Staff's attention the fact that there is an illegal apartment in the basement of the residence at this address, and that there are parking problems resulting from this illegal use. He stated that, as a result of that information, he recommended to the ORB that a condition be edded to approval of this application which requires that rental of the illegal basement apartment cease immediately, and until such time as it has been reviewed and approved. Planner Grigsby stated there is a two-car garage at the rear of the property, which is located 34 feet from the back property line. He suggested that two additional parking spaces could be provided in the back yard. He then forwarded revisions to two of the three recommended 06-21-93 ----..-----.-.-. -~ -- , " 7 - conditions which have been forwarded for Commission consideration, to further ensure that neither the "guest house" nor the illegal basement apartment will be improperly used in the future. Assistant Planner Grigsby submitted to the Commission copies of a letter from Mr. and Mrs. Wiersma to the Planning Office, dated May 8, and a letter from Mr. and Mrs. Wiersma to their .neighbors, dated May 20. Responding to Mayor Swanson, the Planner stated that the basement apartment is, indeed, illegal. He noted that it does not meet the requirements for ingress and egress, since the tenants must enter through the main house to reach the basement. He then indicated that some ~ exterior modifications would be required to meet the code requirements. Further responding to the Mayor, the Planner stated he has not been in contact with the owners of the property, but has been in contact with the manager of the property. Planner Grigsby stated that the applicant may not rent the guest house out; and it may not be occupied for extended periods of time. Mr. Allen Dunayer, 224 South Bozeman Avenue, stated he lives next door to the subject property. He noted that the zoning in this area has been amended to R-3a; and the area is primarily eeveloped as single-family residential, with a few apartments being grandfathered. He stated that the neighbors' concern isn't primarily the proposed guest house, but revolves around the fact that there is a family of six renting the main floor, wJth the basement being rented out to two unrelated people. He noted that the primary residence on the site is a rental; and the guest house designation leads to some real technicalities. He then expressed an interest in ensuring that the neighborhood is maintained intact, and not compromised by the type of activity that is occurring on the subject property . Mr. Dunayer registered concern about the impacts on parking in the area created by the current use of this property. He emphasized the fact that the neighborhood's primary concern is the rental of the downstairs area as a separate unit. Mr. Dunayer expressed concern that the City does not seem to be well informed about enegal rentals in the community, noting that staff was unaware of this illegal use until he brought u it to their attention. Mr. Allen Dunayer characterized the out-building which the owners wish to convert to a guest house as blighted, noting there was a fire in it several years ago. He also questioned what will happen to the site and the use of that structure if another person purchases the property. 06-21-93 - n_..______. - 8 - City Attorney Luwe addressed Mr. Dunayer's concern about the current illegal use of the property. He stated that staff will address this'Oloning violation, no matter what happens with the requested deviation. He then cautioned the Commission that potential future zoning violations are not a basis for denial of the requested deviation because the City has adequate mechanisms to _nsure that violations do not occur as a result of the approval. or to enjoin violations if they do occur. Responding to Commissioner Vincent, Mr. Dunayer stated his concerns are based on the fact that the upstairs and the downstairs are currently rented as two separate units; and there is potential that the guest house could also become a rental unit. He expressed concern that this would create a high-density use in an R-3a zoning district, thus impacting the character of the district. u The City Manager noted that staff often learns about violations through citizen reports, to which it then responds. He reminded the Commission that the basement rental is to be addressed through another process. He stated that the existing use will be discontinued immediately, and may be re-instituted only after the appropriate reviews and approvals have been .0mPleted. He noted that the condition requiring that the guest house meet applicable code requirements and be used in compliance with the code will help to ensure that it does not become another illegal use. Commissioner Knapp noted that if the Commission approves the requested deviation, the neighborhood will benefit because the existing out-structure will be upgraded. She further noted that the illegal rental will be addressed independent of the Commission's action. Responding to Mayor Swanson, Planning Director Epple stated that under the City's zone code, no more than four unrelated persons may occupy one unit. He indicated that a family of six plus two unrelated persons does not meet that code requirement. He further noted that the off- street parking requirements must be met. Mr. Dunayer expressed concern that under the current process, staff accepts drawings .hat are submitted with applications. He noted that, while that process seems appropriate, it often results in applicants submitting only the information they wish to rather than "telling the whole story". He suggested that, while it may appear to be more bureaucracy, it may be appropriate to add another step in the process, for staff to physically review the entire site and existing structure(s) to verify the accuracy of the plan submitted prior to processing of the application. 06-21-93 - 9 - The Planning Director stated that staff presently does some verification of site drawings submitted; noting that such reviews and conversations with neighbors often yield valuable information. Mayor Swanson indicated his interest in approving this requested deviation, noting that .he believes the result will help to protect the neighborhood character and help to guarantee that no further code violations occur. At Commissioner Vincent's request, City Attorney Luwe reviewed the criteria upon which the Commission must base its decision on deviations, as set forth in Section 18.42.080 of the zone code. Commissioner Vincent stated he has some serious questions about this application, stating he is not sure it will benefit the neighborhood. It was moved by Commissioner Knapp, seconded by Commissioner Vincent, that the Commission approve the deviation from Section 18.18.050 of the zone code, as requested by Robert and Phyllis Wiersma, under Application No. Z-9374, to allow a new gabled roof on an existing structure at 220 South Bozeman Avenue to encroach two feet into the required eight-foot _ .side yard setback, subject to the following conditions: 1. That the "leveled" walls will be re-stuccoed or finished to match the rest of the structure's exterior; 2. That the "guest house" meet, and be used in compliance with, all applicable code requirements; and 3. That the rental of the illegal basement apartment be discontinued immediately, and until such a time as the basement apartment has been reviewed and approved by the appropriate City departments, prior to issuance of a building permit. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Knapp C' and Mayor Swanson; those voting No being Commissioner Vincent. Ordinance No. 1367 - amendina various sections of the solid waste (aarbaae) ordinance . City Manager Wysocki presented Ordinance No. 1367, as approved by the City Attorney, entitled: ORDINANCE NO. 1367 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1323 AND WHICH SAID ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY 06-21-93 - 10 - REVISING SECTIONS 8.16.010, 8.16.015, 8.16.020, 8.16.030, 8.16.050, AND 8.16.060 OF SAID CODE, PROVIDING FOR THE CHANGE OF THE TERM "GARBAGE" TO THE TERM "SOLID WASTE", AND FOR REVISIONS TO THE COLLECTION, DISPOSAL OF SOLID WASTE, AND THE PAYMENTS THEREFOR. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their regular meeting of June 7, and recommended that they finally adopt it at this eime. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that Ordinance No. 1367, amending specific sections of Chapter 8 of the Bozeman Municipal Code, pertaining to solid waste, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Thank you note from the Pregnancy Problem Center for the use of Lindley Park eor the June '93 Walk for Life. (2) Memo from Clerk of the Commission Sullivan, dated June 18, cancelling the work session scheduled for June 23 due to lack of a quorum. Mayor Swanson suggested that, following the scheduled work session on Monday, June 28, the Commission should decide if they want to set another work session. The City Manager encouraged the Commission to set their work sessions to last 1 % to 2 hours, noting it will probably take three work sessions to complete a review of his recommendations. He then suggested the possibility of adding a work session on Thursday, July 1. The Commissioners concurred in setting a third work session on the budget from 7:00 ..m. to 9:00 p.m. on Thursday, July 1. 0 (3) Copy of a letter from the Department of State Lands to Neighborhood Coordinator/Grantsperson Goehrung, dated June 11, notifying the City that its application for a Montana Community Forestry Management Grant has been approved, in the amount of $2,503. 06-21-93 - - 11 - (4) Copies of the minutes for the Highway Commission's regular meeting held on April 16 and telephone meetings of April 29, May 12, May 28 and June 3. (5) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, June 24, in the Commission Room. . (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 22, at the Carnegie Building. (7) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, June 22, at the Carnegie Building. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 22, at the Courthouse. (9) The City Manager submitted his weekly report, as follows. (1) Stated that twelve pOlice officers will be completing, in Lewistown, refresher training on driving over the next six weeks in an effort to reduce risk. (2) Announced that the District 10 meeting for the Montana League of Cities and Towns, scheduled for tomorrow, has been cancelled; and it will be rescheduled for a later date. (3) Stated that he and Arnold Plowman broke ground for the Senior .center expansion on Saturday afternoon. He noted that. since it was part of a dinner show. there were approximately 150 in attendance. (4) Announced that two copies of his budget recommendations are on file at the Library for review, but may not be checked out. (5) Stated that paving of the west Kagy Boulevard extension is in progress. (10) Commissioner Vincent stated that he represented the Commission at a dinner at the Bistro with some Japanese guests, upon very short notice. He noted embarrassment over the fact neither he nor a representative of the Governor had any gifts for the Japanese in exchange for the gifts they received. He then suggested that the Commissioners consider budgeting for a few gifts which they could exchange at this type of activity. City Manager Wysocki stated that he had been asked to attend and represent the City, but turned the invitation down because it was short notice. He further noted that the Montana .ouncil for International Visitors usually sends information on the guests prior to their arrival; however, that did not occur in this instance. He then noted that the City does have some small cowboy hat key rings which are well received. He stated that they are readily available to those who need them for need them for this type of occasion. 06-21-93 -..----- -..-.--- .- .--- - 12 - Commissioner Vincent stated that, based on the City Attorney's advice, he will bring the gifts which he received at that dinner to City Hall for display. (11 ) City Attorney Luwe stated that he and Attorney Barry O'Connell met with representatives from the State Department of Health and Environmental Sciences on Friday to .diSCUSS the Bozeman Solvent Site. (12) Clerk of the Commission Sullivan submitted the following. (1) Briefly reviewed the agenda for next week, characterizing it as quite light. (2) Announced that her assistant, Brenda Statton, gave birth to a baby girl last Tuesday. (3) Stated that she spoke with Commissioner Stiff this afternoon; and he is progressing as well as doctors had anticipated. (13) Mayor Swanson stated that he attended the Montana League of Cities and Towns Board meeting on Friday. He noted that the agenda for the 62nd annual conference, which is scheduled for October 6 through 8 in Great Falls, is tentatively set; and it appears to be a good conference. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2916 - establishing tag system fees and other scecial fees for defraying the cost and excense of collecting and disDosina of solid waste COMMISSION RESOLUTION NO. 2916 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRAYING THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323. Commission Resolution No. 2917 - establish in a a revised landfill fee schedule for users of the City of Bozeman landfill COMMISSION RESOLUTION NO. 2917 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. . Commission Resolution No. 2919 - authorizing the Durchase of road oil and sundry construction materials from the Montana DeDartment of Transportation during Fiscal Year 1993-1994 on an as-needed basis COMMISSION RESOLUTION NO. 2919 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AUTHORIZING THE PURCHASE OF ROAD OIL AND SUNDRY 06-21-93 -- . -. - 13 - CONSTRUCTION MATERIALS FROM THE MONT ANA DEPARTMENT OF TRANSPORTATION DURING FISCAL 1993-1994 ON AN AS NEEDED BASIS. Commission Resolution No. 2920 - authorizing issuance and sale of Soecial Imorovement No. 656 Bonds. in the amount of $392.000 for a 10-inch water main and all necessary aoourtenances to serve all lots and tracts located in the Burruo Annexation . COMMISSION RESOLUTION NO. 2920 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 656; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF SPECIAL IMPROVEMENT DISTRICT NO. 656 BONDS, IN THE AMOUNT OF $392,000 FOR THE PURPOSE OF ACCOMPj.lSHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF A 10- INCH WATER MAIN AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO THE CITY OF BOZEMAN, MONTANA. Authorize City Manaaer to sian - Annexation Aareement with Georae E. Westlake and Kav Martinen - 14.2 acres located in the NE% of Section 1. T2S. R5E. M.P.M. Commission Resolution No. 2921 - annexation of 14.2 acres located in the NE% of Section 1. T2S. R5E. M.P.M.. as reauested bv Wal-Mart Stores.lnc.. for George E. Westlake and Kav Martinen COMMISSION RESOLUTION NO. 2921 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TQ SAID CITY AND REFERRED TO AS THE OAK/NORTH 5TH ANNEXATION AND HEREIN MORE PARTICULARLY DESCRIBED. Authorize staff to oroceed with submittal of aoolications to the Montana Deoartment of Transoortation for Drolects to be funded through enhancement monies. as recommended bv the enhancement orogram steering committee Authorize commitment of $5.000 contribution to the Gallatin Develooment Co roo ration for the Small Business Develooment Center in Fiscal Year 1993-1994 budaet Authorize commitment of $5.000 contribution to the Gallatin Development Corooration for general suooort of oDerations for Fiscal Year 1993- ~ . Authorize exoenditure of $28.000 from Fiscal Year 1992-1993 budget for City's share of ourchase of riaht-of-way for North 19th Avenue interchange Authorize City Manaaer to sian - Mutual Aid Aareement for fire services in Gallatin County Ratify City Manaaer's sianature on Collection Aareement between City and the Forest Service (for aooraisal of the E% of Section 13. T4S. R6E. Gallatin Countv. and Section 19. T4S. R7E. Park County) 06-21-93 -.,.-....-. ----".-.--- -.---------.. - 14 - Authorize City Manager to sign . Revised agreement between the City of Bozeman and the Human Resource DeveloDment Council. District IX. Inc.. re administration of $375.000 CDBG arant for installation of infrastructure for low- and moderate-income housina oroiect Building Insoection Division report for May 1993 Claims . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Recess - 5:10 o.m. ~ Mayor Swanson declared a break at 5: 1 0 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. . Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 2914 - intent to annex 4.078 acres - Lot 1. Gordon Mandeville State School Section Subdivision (old KBMN site) This was the time and place set for the public hearing on Commission Resolution No. 2914, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2914 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 V DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF . BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Wysocki stated that the applicant has requested that this public hearing be opened and continued until a more complete Commission is present. Mayor Swanson opened and continued the public hearing to 7:00 p.m. on Tuesday, July 6, 1993. 06-21-93 ----.--- -.- .----.- - -..-. .-.... .- -... ----.-- - 15 - Public hearina - Conditional Use Permit - Bernard C. Bissel - to eXDand non-conformina use and allow the construction of a 2.184-sauare-foot. two-storv. twelve-unit efficiencv 8Dartment structure - Tract A. C.O.S. No. C-23-B. Northern Pacific Addition (1207 East Main Street) This was the time and place set for the public hearing on the Conditional Use Permit requested by Bernard C. Bissel, under Application No. Z-9357, to allow the expansion of a non- conforming use and to allow the construction of a 2,184-square-foot, two-story, twelve-unit .fficienCy apartment structure, and to install related parking and site improvements on property described as Tract A, Certificate of Survey No. C-23-B, Northern Pacific Addition. The property is more commonly known as 1207 East Main Street, and is zoned B-2, Community Business District. Mayor Swanson opened the public hearing. Assistant Planner Dave Grigsby reviewed the written staff report, which had previously been forwarded to the Commission. He stated that under the requested conditional use permit, twelve existing mobile homes spaces will be removed, and in their place will be constructed a 2, 184-square-foot footprint, two-story, twelve-unit efficiency apartment structure. He stated that since the subject property is located in a B-2, Community Business District, a conditional use permit e:s required to allow the occupancy of apartments on the ground level. He noted that this proposal represents an expansion of a non-conforming use, since there are already two non-conforming apartment structures on the site, one with eight units and one with twelve units. He stated that the new building is to have essentially the same floor plan as the existing units. The Planner stated that in the original plans, the applicant proposed to provide fourteen off-street parking spaces; however, under the zone code, he must provide fifteen parking spaces plus one handicapped parking space. He noted there is adequate space on the site to provide those spaces as well as meet the landscaping requirements. Planner Grigsby stated that access to the site will be through the existing paved access from East Main Street, which extends to the existing twelve-unit structure at the back of the subject tract. He stated that the new building is to be constructed just to the north of the existing .i9ht-unit structure, between rows of mature conifer and deciduous trees. The Assistant Planner stated that the existing mobile homes in this trailer park are old and badly deteriorated; and this proposed change in use will help to clean up the site and make it a more usable area. He stated that there are pre~;ently nineteen trailer spaces; and this proposal will remove twelve of them, leaving seven spaces, with only five of them being occupied. 06-21-93 0 , - 16 - Planner Grigsby stated that the two existing structures were classified by the City as "motels"; however, under the current zone code, they would be classified as apartments. He noted that the plans for the new structure reference the "Hi-Land Motel" rather than apartments. He stated that the overall plans for this subject property include the addition of a four-unit motel at _ome time in the future. The Planner reviewed surrounding land uses in the area, which include commercial properties along East Main Street and residential uses behind them. He stated that the subject property lies within an entryway corridor; ther~fore, this application was reviewed by the Design Review Board. He stated that following that review, the Board determined that the proposed development is not visible from the roadway and is shielded by mature vegetation and the natural slope toward the rear of the property, and further determined that this proposal essentially meets the design objective plans. The Planner stated that the proposed efficiency apartments will have no greater traffic impact than the existing mobile homes. He also noted that they will provide affordable housing and will comply with health and safety issues. . Planner Grigsby stated that staff has reviewed this application in light of the six criteria set forth in the zone code, and has determined that it generally complies with those criteria. He u stated that, following its public hearing, the Planning Board concurred in the recommendations of the Planning staff, Development Review Committee and Design Review Board, and forwarded its recommendation for approval, subject to sixteen conditions. Responding to Mayor Swanson, the Planner stated that Mr. Bissel has indicated a willingness to accept the conditions as recommended by the Planning Board. Responding to questions from Commissioner Knapp, Mr. Bissel stated that the proposed structure is to be 84 feet by 26 feet. He stated that each efficiency apartment is to be 14 feet wide by 26 feet long, with the stairway making a portion of that square footage unusable. This results in a gross square footage of 364 square feet per unit; and if one subtracts 25 percent for aalls, stairwells and storage, that results in approximately 270 square feet of open space in each unit. Mr. Bernard Bissel, Vice-President of Hi-Land Properties, Inc., reviewed the locations of existing mobile homes on the subject site, noting that many of them are to be removed within the next few weeks. He stated that the mobile home spaces are slowly being phased out and replaced 06-21-93 - 17 - by efficiency apartment units. He noted that this allows them to more closely monitor the number of people in each unit, indicating that they try to limit occupancy to one person per unit. He stated that if more than one person is in a unit, they are charged an additional one-third of the rent for the month. . Mr. Bissel stated there is 180 feet between the centers of the two rows of trees. which is ample space for the proposed building, the paved parking lot and required landscaping. He stated that construction of the maintenance garage is currently underway; and they hope to have most of the new units available for rent by September. He then indicated that they do not intend to construct the four-unit motel shown on the site plan, either now or in the future. Responding to questions from Mayor Swanson, Mr. Bissel stated that 60 to 70 percent of his current renters are students; and he ant~cipates that same ratio will carryover to the new building. He stated that the rents are set at $225 per month for one person and $300 per month for two. He noted that the units are furnished, briefly reviewing what is included in each apartment. Responding to Commissioner Knapp, Mr. Bissel stated that the existing block building will .ventuallY be removed, after the maintenance garage is completed and the electrical meters are removed or moved to another location. Responding to Mayor Swanson, Mr. Sissel stated that some of the tenants commute by vehicle; however, many of them ride bicycles when the weather is nice. Mr. Bissel then showed the Commission several photographs of the subject site and its 0 current uses. He stated that as soon as possible, the remainder of the mobile home sites will be removed. City Manager Wysocki read into the record a letter of support from Bruce and Carolyn Miller, dated June 6, which was received by the Planning Office. No one was present to speak in opposition to the requested conditional use permit. It was moved by Commissioner Knapp, seconded by Commissioner Vincent, that the .UbliC hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Vin~ent, seconded by Commissioner Knapp, that the customary one-week waiting period for land use decisions be waived. The motion carried by the 06-21-93 -....-.. -- -- -.--------- _. -.-----..---..---....-- - 18 - following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Commissioner Vincent stated he feels this proposed efficiency housing seems to be a viable alternative that is preferable to trailer houses. . Mayor Swanson noted that the street in front of this proposed unit does not have a name, and asked Mr. Bissel if it is long enough to have a name. Mr. Bissel responded that this question was also raised before the Planning Board. He stated that the address has always been 1207 East Main Street plus the trailer or apartment number; and he has no problem with retainingnthat address. It was moved by Commissioner Knapp, seconded by Commissioner Vincent, that the Commission approve the Conditional Use Permit requested by Bernard C. Bissel, under Application No. Z-9357, to allow the expansion of a non-conforming use and to allow the construction of a 2, 184-square-foot footprint, two-story, twelve-unit efficiency apartment structure, and to install related parking and site improvements on property described as Tract A, Certificate of Survey No. C-23-B, Northern Pacific Addition, subject to the following conditions, as recommended by the .City-county Planning Board: 1 . That the parking area meet code requirements for landscaping and required number of parking spaces, and typical parking and disabled accessible space widths shall be adequately dimensioned, identified with signage as per ADA guidelines, and shown on the final site plan. Additionally, that all improvements to be made under this approval shall be clearly distinguished from existing and/or future potential improvements and shown on the final site plan; 2. That a Stormwater Drainagerrreatment Plan and Maintenance Plan for a system designed to remove solids, silt, 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 basis details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plans, prior to final site plan approval; 3. That the final location of the proposed sewer and water services shall be shown on the final site plan and approved by the Water/Sewer . Superintendent. Applications for City water and sewer service shall be completed by the applicant and submitted to the City Engineer's Office prior to site plan approval; 4. That the location and size of existing water and sewer mains shall be identified on the final site plan; 5. That all existing utility and other easements must be shown on the final site plan; 06-21-93 . - 19 - 6. That the trash enclosure be relocated out of the sight triangle and shown on the final site plan. That the parking access drive approach sight triangle shall be free of plantings or obstructions over thirty inches in height which will obscure vision within the sight triangle, and that the sight triangle be shown on the final site plan; 7. That the applicant shall provide an adequate, accessible location for the water meter inside the building, and shall provide a backflow prevention . unit; (> 8. That the applicant shall include a typical concrete curb and sidewalk detail and asphalt paving cross section detail on the final site plan; 9. 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; 10. 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; 11. That all conditions specifically stated under any conditional use listed in the zone code shall apply and be adhered to by the owner of the land, successors or assigns; 12. That all of the special conditions shall be consented to in writing by the applicant; 13. That seven (7) 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 (6) 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; 14. 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 cost estimates, construction plans and methods of security shall be made a part of that Agreement; 15. 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 16. 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 (1 %) 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 Knapp, Commissioner Vincent and Mayor Swanson; those voting No, none. 06-21-93 . .- - -.----.-. -.-.------ .---.-- - -,~------- . - 20- Public hearina - Conditional Use Permit - Steve SDarks - to allow the construction of a 5.077- sauare-foot office building on lot 1. Remington Subdivision (1822 West lincoln Street) This was the time and place set for the public hearing on the Conditional Use Permit requested by Steve Sparks, under Application No. Z-9356, to allow the construction of a 5,077- square-foot office building on Lot 1, Remington Subdivision. The subject parcel is more commonly .cated at 1822 West Lincoln Street and is zoned R-4, Residential, High-density District. City Manager Wysocki stated that the applicant has requested that this public hearing be opened and continued until a more complete Commission is present. . Mayor Swanson opened and continued the public hearing to 7:00 p.m. on Tuesday, July 6, 1993. Adjournment - 7:32 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 and Mayor Swanson; those voting No, none. . ATTEST: ~si~ Clerk of the Commission . 06-21-93 -- - ___n