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HomeMy WebLinkAbout1992-08-24 ccmWORK . ,- i ,t-- . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 24, 1992 ***************************** The Commission of the City of Bozeman met in work session in the Commission Room, .uniciPal Building, August 24, 1992, at 2:00 p.m. Present were Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Work Session re annexation Dolicv City Manager Wysocki distributed copies of Commission Resolution No. 2716, which is the annexation policy under which the City staff and Commission consider annexation requests, and a draft of an updated policy which was previously discussed at a work session on January 21. He then encouraged the Commission to work from the draft revised document, noting that a number of staff members are present to provide their views on this issue. He also cautioned that . this discussion should remain philosophical in nature. not pertaining to any specific annexation. The City Manager then noted that some of the provisions of this policy seem to be in .., conflict with one another, suggesting that should be taken into consideration. He also noted that a determination must be made on how aggressive the Commission wishes to be in its annexation procedures. Assistant City Manager Ron Brey noted the City has been operating under the general philosophy that it will take an aggressive approach to annexation; and to date that has included approval of annexation requests when received. He then stated that alternative approaches to an aggressive policy might be City-initiated annexations; and another might be for the municipality to determine that subsidizing of initial annexation costs is appropriate. He stated that, in light of these options, it seems that the City has actually taken a neutral approach rather than aggressive .approach. The Assistant then cautioned that the initial costs of annexation can be prohibitive if the City does not decide to participate to some extent. He also noted that at the present time, it is much less expensive to develop in the county. He then noted that, without the full cooperation of the County, care must be taken to make annexation an attractive alternative. Director of Public Service Phill Forbes noted that in some areas of the community, the 08-24-92 -----.------ -- ,.-. .--..- u_ _...- I ) - 2 - necessary infrastructure to accommodate development is not present. He noted, however, that recognition must be given to the fact that annexation of a vacant parcel of ground does not translate to immediate full development and demand on the applicable City services. He cautioned, however, that annexation can result in some more immediate demands on this department than on .others in the City. He cited, as an example, the fact that if a residential area is annexed and subdivided and only one home is constructed, that individual still expects the appropriate levels of construction and maintenance for streets, water and sewer services. The Director then noted there are instances where there is ample excess capacity to accommodate additional development; however, in some areas the lack of adequate capacity limits the amount of development that may occur. He cited as examples the lack of sewer capacity in the southeast segment of the community, the lack of adequate roads in the northwest sector and the excess sewer capacity in that same area. He then suggested the possibility of implementing different policies based on different infrastructure needs and capabilities, as well as funding options. The Director noted that another item to take into consideration is development in the .county which impacts other City services which are provided through the General Fund, i.e., library, streets, parks, and recreational programs. He suggested that in some instances it may be better to annex so that the users of the services also provide some of the revenues. Director Forbes suggested that a cost/benefit analysis might be beneficial, so that the City can determine whether an annexation is in its best interests. He suggested that this analysis should be prepared by the applicant, with substantial input from City staff, and with the staff verifying that analysis. Chief of Police Dick Boyer noted that in some instances, only one road can be utilized to gain access to an annexation. He suggested that in the future, care must be taken to ensure that more than one access is available to an annexation, so that emergency vehicles can respond in a . more timely manner. He then noted that the islands of county property within the general city limits create headaches for his department. He then indicated that annexations do not generally impact his department significantly. Fire Chief Allen Shearman stated concurrence with Chief Boyer's comments, noting that the City's irregular boundaries make it difficult for his department to determine whether the response is theirs or a rural fire departments; and sometimes it is not until they arrive at the site 08-24-92 -..-.....--. -.- -..--.-- .--...- - -- .-.-.- ~- _n --- '."..... . )' - 3 - that can be determined. The Chief then stated that, in addition to access, adequate water supply is also a concern. He also noted that the types and sizes of buildings is of interest and concern, particularly when a commercial building is located in a subdivision originally planned for residential development. . Planning Director Andy Epple stated an interest in developing a strategy for annexation of the area currently contained in County Zoning District No.1. He noted this is not a suggestion to "grab land" but, rather, to accommodate those parcels which are interested in annexation. He noted the ultimate goal would be to annex all of the zoning district, with long-range facilities planning to ensure that the infrastructure needs are met. He also noted that the extension of some of the City services, i.e., water and sewer trunks, will help to direct growth. He then stated that, while annexation of smaller pieces may result in added confusion for a period, eventually he anticipates that the entire area will be annexed and the general boundaries of the community smoothed out. Mr. Dan Kamp noted his involvement in one annexation proposal which seems to have prompted this discussion. He then suggested that if the City would establish a long~term program Afor capital projects, it could take a more pro-active role in annexation. He noted that through this ...., approach, the City could more easily direct and channel growth in a manner which it could best accommodate with roads and public utility services. Mr. Kamp then noted that activities which occur outside the control of the City or the County do impact how the community grows, i.e., relocation of the hospital, the recent improvements to Springhill Road and the imminent construction of the North 19th Avenue interchange. City Manager Wysocki noted that practical problems, such as high groundwater tables, . must be taken into consideration, as well as the potential failure of septic tank systems in areas such as along Western Drive. He cautioned that if the City wishes to annex those types of areas, eit should do so before people are faced with the need to replace septic systems rather than after they have incurred the costs of replacement. The City Manager then stated an interest in encouraging growth in a specific direction through the installation of certain infrastructure improvements, and taking a more pro-active stance. He stated it must be determined whether the City wishes to install water and sewer trunk lines at its own cost or if a payback should be required. He also noted that those areas which are generally 08-24-92 . ...---- --- - 4 - surrounded by the city, i.e., the area between Durston Road and West Babcock Street, enjoy the benefits of most of the City services without contributing to their costs; and he feels that efforts should be made to alleviate that problem. The City Manager noted that during the hearing on the variances requested by Mr. Martel .--.. at last week's meeting, five or six references were made to the fact that water and sewer services I_V. have not been provided to the property since its annexation eighteen years ago. He then noted that the City's policy has always been that those services will be provided upon request by the owner, and at the owner's expense. City Manager Wysocki then noted the legislative provisions for annexation do create some , problems, because they limit the type and size of wholly surrounded parcels that may be annexed unilaterally. Acting City Engineer Craig Brawner suggested that careful thought should be given to implementing hook-up fees to help cover the costs of additional water and sewer capacities in the future. He noted that, while capacity may be in excess at this time, using shortens the amount of time before additional services are required. He cautioned, however, the fees charged must not ._ be too high if the City wishes to take a pro-active stance. Director of Public Service Forbes noted that projects pertaining to infrastructure typically include a large price tag. He then stated that the demands placed on infrastructure are generally slow-growing in nature; and the need for expansion of those services is typically not addressed until the situation is critical because of the costs involved. He noted that the City does not budget monies for items that would be nice or that will be needed in the future because of the number of severely critical items that need immediate funding. The Director noted that, often, these expansions involve threshholds, which must be met or exceeded before the expansion can be justified. He noted that this is not only true for the utilities, but for items such as a new fire sub-station as well. ~ Mr. Dan Kamp noted the frustration which he felt when serving on the Planning Board . \ regarding impacts on City services as a result of development which the County controls. He noted that an aggressive annexation pOlicy could possibly help to alleviate some of those problems and result in more City control. Commissioner Knapp noted the issue of short-term costs versus long-term costs. She then noted a desire for more stringent regulations at the State level, noting that she is appalled that 08-24-92 . ..-- -..- -- .-...- - ---... --.. , \ , , - 5 - , a septic tank and well are both allowed on a one-acre parcel. The City Manager noted an interest in extending services such as water and sewer trunks prior to development, noting it is easier to install them in the middle of an empty field than to try weaving around existing development. He also noted the possibility of seeking a legislative change .WhiCh would require property owners within a specified distance from a water or sewer trunk line to tie onto those City services to remedy a problem. The City Manager then stated that an annexation usually does not begin to break even until the tenth year, depending on its rate of growth. I Acting City Engineer Brawner noted that the City has allowed several parcels outside city limits to tie onto its water and sewer services recently, in exchange for waivers of right to protest annexation. He also noted that developers do have the option of developing at a higher density with City water and sewer services; and that may provide some incentive for annexation. He then noted the need to ensure that development costs within the city are carefully balanced with those costs for developing in the county, so that the problems generated by urban sprawl are minimized as much as possible. . Mr. Dan Kamp noted there are areas of the community where growth could be accommodated quite easily. He cited the northwest quadrant as an example, noting that the sewer trunk line already traverses that area; water main extensions could be easily accommodated; and the North 19th Avenue/West Oak Street loop is scheduled for construction in the near future. He then noted that impact fees for water and sewer services would be appropriate; however, he also cautioned that impacts on the General Fund activities, such as police and fire, should also be considered. Mr. Kamp also noted the importance of annexing a parcel when the owner is interested. He cautioned that if the City does not, the developer may proceed with development in an alternative manner, and then not be interested in annexing. . Commissioner Vincent noted considerable discussion has revolved around the issue of who should pay for the extension of infrastructure; however, there is nothing in the current goals or policies for annexation which refers to that issue. He also noted the strong potential for conflict between the goals and policies contained in the present annexation policy, which results in the need for a judgment call by the Commission. Planning Director Epple noted that the current policy addresses the parcel under 08-24-92 --.- - . ------- --------- ------- , . \ , , - 6 - , consideration being surrounded on three sides; and the staff has always interpreted that as being immediately surrounded. He then asked if the Commission is interested in interpreting that statement as being generally surrounded rather than specifically surrounded. The City Manager stated an interest in having that interpretation relaxed, suggesting it is .too strict. Assistant Brey suggested that all of the costs involved in annexation need to be identified and considered. He then noted that the economies of developing in areas where the City can easily provide the services should be carefully considered, noting that this could help to decrease the difference between the costs incurred and the revenues resulting from development. Commissioner Knapp noted the impacts on General Fund services, i.e., library, parks and other social services, emphasizing the fact that they should also be considered. City Manager Wysocki noted staff will consider this discussion in attempts to revise the annexation policy. He then noted that additional discussion will be necessary before the policy is revised. Planning Director Epple reminded the Commission of the need for a decision on the .schrenk annexation request in the near future. Break - 3:10 to 3:30 p.m. Commissioner Knapp declared a break from 3:10 p.m., to 3:30 p.m., prior to the beginning of the regular business session. Regular Session The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 24, 1992, 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. Mayor Swanson asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Frost requested that the deviations requested by the Emerson Cultural Center be removed for discussion. 08-24-92 ------.-----..- ____________ - .__.__.._..____.u_.__._.,. ________________.._ -- . ..--._~_. .--.-- -- ) . , t - 7 - Minutes Mayor Swanson requested that the approval of the minutes of August 24 be deferred for one week. . Decision - master olan for Boaert Park City Manager Wysocki reminded the Commission that at the meeting of August 10, they received the presentation on this master plan. He then reminded them that this was the time set for the decision. Mayor Swanson noted that the Commissioners have received a copy of Page 6, which is the reason the decision on this plan was deferred. Commissioner Knapp noted that Page 6 includes the following provision: "New policy direction should be developed to address the impacts of large user groups such as Farmers' Market. Policy directives should include scale of operation, time and frequency of operation, and impacts to other user groups and surrounding neighborhoods." She then asked who would be responsible for developing that policy. Ala The City Manager suggested that the Commission ask the Recreation and Parks Advisory .~ Board to develop a proposed policy, for review and possible approval. Commissioner Frost noted his interest in ensuring that the parking lot conforms with the City's zone code, particularly the landscaping requirements. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the master plan for Bogert Park, with the addition that the parking lots within the park meet the City code requirements for landscaping. 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. This was the time and place set for the continued public hearing on variances to Section 18.50.160 to allow expansion of the existing non-conforming use and not require paving or curbing in the parking area requested by Martel Construction, under Application No. C-9214. The subject property is known as Tract 3, Certificate of Survey No. 236; a .176-acre tract located in the 08-24-92 ---.......--- --..-.-.. ----- - ----_._~_.- - .-. ---.- ----_._--~-~_...__...__.__...._--- \ , . , . . - 8 - , Southwest Y4, Southeast Y4, Section 18, Township 2 South, Range 6 East; and Tract B of the Bozeman Creek Annexation. The subject site is more commonly known as 1203 South Church Avenue. Mayor Swanson opened the continued public hearing, after which he reviewed the process eta be followed for this public hearing. Planning Director Andy Epple noted that, included in the Commissioners' packets, was a memo dated August 20, providing additional information on this issue and forwarding ten conditions for Commission consideration, if they determine that is the manner in which they wish to act. He then distributed a new memo, dated August 24, modifying some of the proposed conditions as a result of discussions with Commissioner Frost earlier today, and adding two more. He noted that the Commission has also just received a memo from Mr. William Martel, dated August 24, forwarding eight recommended conditions for approval and taking strong exception to three of the conditions recommended by staff. Planning Director Epple reviewed the contents of his memo dated August 20, reviewing the options available to the Commission. He stated that, after review of issues raised at last .~eek's public hearing, staff has determined that this variance process for expansion of an existing non-conforming use is the appropriate process to be followed. He then noted that the master plan encourages flexibility and recognizes pre-existing non-conforming uses. He stated that, while water and sewer mains are located along property lines of the subject parcel, the sewer line is along the west property line; and extension of the line across the creek could be extremely difficult and possibly raise significant environmental issues and impacts. He suggested that, in light of that problem, a potential hardship may exist. The Planning Director then reviewed the twelve conditions set forth in his August 24 memo, noting that these are only suggestions resulting from input received at last week's meeting. He also noted his intent to compare his memo to the responses in Mr. Martel's memo received this e date. He stated the applicant has forwarded an abbreviated version of No.1, pertaining to outside storage of materials; accepted No.2, pertaining to a deed restriction; objected strongly to No.3, pertaining to a 310 permit; objected to No.4, pertaining to curbing and paving; revised No.5, pertaining to grading and drainage plans; accepted No.6, pertaining to plans for oil and grease disposal and containment in the shop area; generally accepted No.7, pertaining to building permits; objected to No.8, pertaining to vegetative screening or fencing west of the creek, around the west 08-24-92 \ , . i - 9 - and south sides of the existing property; accepted No. 8a, pertaining to ORB review; accepted No. 9, pertaining to final site plan, and NO.1 0, pertaining to occupancy. Mr. Martel has also verbally responded to the two new conditions, indicating that the contractor was to have purchased the appropriate demolition permit prior to razing of the old barn on the new lot, and agreeing to . maintain the existing pedestrian and bicycle access across the creek. The Planning Director then stated that staff has discussed the possibility of adding a condition to require Mr. Martel to provide for the future extension of East Garfield Street; however, they have determined that would be an inappropriate condition for this request. Responding to Commissioner Frost, the Planning Director stated that no permits for construction on the site have been issued. He noted the applicant is currently constructing a new landscape planter in the general area where one is shown on the site plan; and that is acceptable. Responding to Mayor Swanson, the Planning Director stated that Mr. Martel has assured the Planning staff that this request for expansion of a non-conforming use will not result in any increase in the amount of rolling stock, equipment or materials stored. He noted, therefore, that the restricting of storage on the new site will not result in additional storage on the old site. .. Responding to Mayor Swanson, City Attorney Luwe stated it is difficult to relate condition ,., No. 12, re public pedestrian access, to the requested expansion of a non-conforming use, particularly since the expansion does not require the access resulting from additional equipment or materials. He noted it would be difficult to defend such a condition if it were challenged. Mr. Dick Andriolo, attorney representing the applicant, reminded the Commission that the subject property is zoned R-S, Residential--Suburban; therefore, without central services, only one house per twenty acres could be constructed. He then noted that the Commission may grant the requested variances, subject to certain conditions; however, he noted that if the Commission approves the variances with the conditions recommended by staff, it will essentially eliminate the variances. . Mr. Andriola then reminded the Commission of the three criteria under which an application for variance must be considered. He reminded the Commission that, historically, this site has been utilized as a construction type area since the early-1900's; and the zoning has been superimposed on that historic use. He noted the existing business is viable, is an integral part of the tax base, and supports other businesses and the community. Mr. Andriolo noted that the requested expansion could have occurred on Mr. Martel's 08-24-92 ------ --. - .,,- ---..-------------------.---------------- ------..---- .-...--....--.-.--.. ..- .... ~ . , f - 10- . original parcel; however, he has chosen this process in an attempt to expand in a manner which will be most compatible with the zoning and surrounding development. He noted that South Church Avenue is generally a rather run-down area of the community; and Mr. Martel's property stands out, along with Mr. Linn's property, as being well maintained. He also reminded the . Commission that all of the surrounding property owners have stated support for the variances; and all of the objectors reside more than 300 feet from the subject site. Mr. Dick Andriolo then reviewed the conditions recommended by staff, forwarding the applicant's comments on each. This presentation paralleled the Planning Director's, with some expansion on those conditions to which the applicant is opposed. Mr. Andriolo noted that if Condition NO.1 is imposed, it will eliminate the purpose for which Mr. Martel plans to use the site. He stated that, while the applicant plans to move some of the equipment which is currently stored on the back portion of the original lot, he plans to maintain his materials storage there. Under this condition, that option would be eliminate the intended use. He reminded the Commission that the applicant proposes to construct a shop building in which to maintain his equipment; and the parking area on the new lot will only be for equipment. He stated that the employees will continue to .utilize the driveway and parking lot that they have in the past. Mr. Andriolo stated the applicant has no problem with filing a deed restriction on the four acres of the new site lying west of the stream, which will pertain to heirs, assigns or successors, so that the construction company cannot expand its activities into that area. He then noted that Mr. Martel is environmentally conscious; and he is willing to take whatever steps are necessary to ensure that the new parking area and new shop area do not negatively impact the area or the stream. Mr. Andriolo stated the applicant is not aware of any floodplain violations on his property; however, he is willing to correct any if they do exist. He also noted the applicant has planned to construct a shop building which is compatible with the existing building; and he is willing to submit .hiS plans to the DRB for their review and comments. He then noted that the filing of a final site plan and provision of a financial guarantee prior to occupancy if the improvements are not completed are standard conditions which the applicant is willing to meet. Mr. Dick Andriolo then addressed those conditions proposed by staff to which Mr. Martel objects. He stated that the concrete along the bank of the creek was installed prior to 1975 and, therefore, is legal. He also noted that the bridge on the original site is a legally existing structure. 08~24-92 -----..---.- - .--.-.-..-....-.----.--.-.- --.-.--. ; . , , - 11 - . He then noted that the bridge on the newly-acquired parcel is not safely constructed; and it is the applicant's intent to remove that bridge. He stated that this is the only activity planned near the creek; and it will not require any activity within the streambank, so a 310 permit will not be required. He noted there is no need for a 310 permit; and he feels this condition is inappropriate. . Mr. Andriolo then stated Mr. Martel is opposed to the requirement to curb and pave the driving and parking areas on the new site. He noted that in a review of the site, Mr. Dick Vincent, Fish, Wildlife and Parks Department, indicated a preference for a graveled parking lot rather than a paved parking lot, allowing water to naturally percolate through the soils before entering the stream. He stated that since this lot is to be utilized for equipment storage, driving on the site should be at a minimum. Mr. Dick Andriolo then stated he does not believe that requiring the applicant to screen the west and south sides of his existing lot is an appropriate condition for these requested variances; and it does not seem to accomplish anything. Mr. Andriolo then addressed the two new conditions which staff has recommended. He noted that the contractor was to have acquired a demolition permit prior to razing of the barn. He .then suggested that this issue really has no bearing on the requested variances. He then stated strong objection to any possible change in the existing pedestrian and bicycle access across Sourdough Creek across Mr. Martel's property. He noted the legal ramifications that could occur from recognition of this as a public access, and suggesting that no private property owner should be required to accept such potential liability. Mr. Andriolo then noted that Mr. Martel purchased the six-acre parcel that was formerly the mink farm with the intent to expand his business to that site. He then reiterated the applicant's position that his construction company use is less non-conforming than the mink farm was, and that this new use will have less impact on the area. He also noted the applicant's willingness to use only two acres of the six-acre site for this purpose, and filing a restrictive deed to ensure that . his successors don't either. Responding to Mayor Swanson, Mr. Bill Martel stated he proposes to store office trailers, equipment and trucks on the existing property. He noted that the equipment which needs repair and that which can be easily vandalized will be relocated to the new parking area; and an employee who lives in that house will be charged with the responsibility of preventing vandalism. He noted that in the current storage location, which lies west of the creek, some of his equipment has 08-24-92 --- ., . . , - 12 - incurred vandalism damage; and only those pieces of equipment which cannot be easily vandalized will remain there. Responding to Mayor Swanson, Mr. Andriolo noted that, while placing concrete along a streambank is not allowed under today's standards, it is presently in good repair and not harming . the creek at this time. He stated the applicant does not wish to remove the concrete until it reaches a state of disrepair, at which time he will do so and replace it with the materials determined appropriate at the time. Responding to Commissioner Frost, Mr. Martel stated that under this proposal, the amount of storage on the west side of the creek on the original parcel will decrease. Commissioner Frost expressed concern that, while the applicant has indicated he has no intention to increase the amount of equipment or materials stored on the site, the storage space is being increased substantially. He noted that with this application for expansion of the non- conforming use, increased storage seems inherent. Mr. Andriolo noted that no additional equipment purchases are anticipated. He then noted that the amount of materials stored on the site may vary from time to time; however, the majority .Of materials are delivered to the construction site rather than to this location. Responding to Commissioner Frost, Mr. Martel stated he does not anticipate that his business will change the manner in which it operates; therefore, he does not feel the use of the land will change. Responding to questions from Commissioner Frost, Mr. Andriolo stated he feels this application meets the three criteria established by the Supreme Court. He stated an unnecessary hardship exists if the applicant is required to maintain his entire operation on the existing parcel; and approval of this application will provide a more unified and efficient operation. He further noted that this application will provide for less visual impact on the community, since the more naturally screened areas are to be utilized. . In response to Commissioner Frost, City Attorney Luwe noted the applicant must prove hardship; and he has indicated that expansion to the west would create a hardship because of the creek. He also noted that, because of the creek, the existing structure cannot be expanded to the west, but can be more appropriately expanded to the north. Responding to Commissioner Stiff, the Planning Director noted that the subject parcel is zoned R-S. He then questioned why the applicant's representative has suggested that this will only 08-24-92 ---- --'- . . - 13 - allow development of one residence per twenty acres, particularly since water and sewer services are available at the property lines. He noted that through the PUD process, this area could be developed at a density of greater than one unit per acre. Commissioner Knapp stated that, while she can understand the applicant's opposition to .the condition that he acquire a 310 permit, she feels it is imperative for the City to ensure the integrity of the stream channel is protected. She then asked if the applicant would be willing to acquire a 310 permit if he were to work in the stream adjacent to the new lot. Mr. Andriolo responded he would have no problem with that. Responding to Mayor Swanson, Mr. Jerry Gaston stated that the natural screening on the new parcel is substantially deciduous, with some evergreens. He noted that it is all natural vegetation; and the applicant would be willing to enhance it if necessary. Mr. Bill Ogle, co-owner of Kenyon Noble on North Rouse Avenue, noted that Mr. Martel has been a substantial contributor to the community. He noted the importance of allowing this business to remain competitive, through approval of the requested variances. He suggested that it is time for the community to support a business which has supported the community for many .years. He then cautioned against placing a condition on this application which would open the site to the public, particularly since Mr. Martel needs to retain the capability of protecting his investment in equipment and materials. He then stated he feels there are adequate tools available for ensuring that the creek is protected. He noted the historic use of this property as a construction company, and encouraged Commission approval of the application. Mr. Edgar Rexroat, 2414 Fairway Drive, noted the nice appearance of Mr. Martel's property. He then urged the Commission to note the benefit which Martel Construction has brought to Bozeman, and approve this application. Mrs. Dixie Swenson, Executive Director of the Gallatin Development Corporation, noted that the GDC's mission statement calls for maintenance and development of a strong economic . foundation, to a great extent through the expansion of existing businesses. She then stated support for this application, noting that this expansion meets the GDC mission statement, without any significant impacts on the surrounding neighborhood. Mrs. Swenson also encouraged the City to pursue the historic mixed use concept in zoning, in an effort to provide a mechanism under which industrial and residential uses may work together to make the mixture work to everyone's benefit. 08-24-92 ----- ----,- --- .n_ ..--.,- __n__ . , , - 14 - Mr. Junior DeGidio, 1309 South Montana Avenue, noted he has been a businessman in Bozeman for 34 years and is a former Martel Construction employee, He noted their work is superb, always meeting or exceeding code requirements, He then encouraged approval of this application. . Mr. Dick Prugh, 404 South Sixth Avenue, noted the conflict which exists between the new zoning and the existing use. He then noted that in this instance, the regulations create a hardship because they do not allow Mr. Martel to expand his business, except through this type of process. He noted that the applicant's willingness to accept reasonable conditions for approval will result in ensuring that the public interest is served, and encouraged Commission approval. Mr. Bill Grabow, 621 South 14th Avenue, former Commissioner and Mayor, noted he also served on the Planning Board for twelve years. He then noted his mixed emotions about the new planning and zoning documents, encouraging the Commission to recognize the importance of pr!Jviding for this type of activity. He then encouraged Commission support for this application. Mr. Roger Koopman, 811 South Tracy Avenue, stated support for the application, He noted his philosophical differences with the City's zone code, after which he noted that a .community is largely commercial in nature. He then noted the importance of maintaining adequate flexibility for commercial endeavors to grow, noting that if they cannot, they will be driven from the community. He highlighted some of the benefits which Martel Construction has provided to the community and his careful maintenance of the property, after which he encouraged approval of this reasonable request. Mr. Bob Davies, Bozeman Trail Road, noted that over the past few years, City government has been quite active in attracting new business into the community, often through underwriting of loan guarantees and providing tax breaks. He then suggested that the Commission be consistent in that philosophy, and provide for an existing, successful business to expand, Mr. Chuck Paden, 507 Ice Pond Road, stated that, with the appropriate conditions, he has .no objection to the application. He then addressed the conditions as recommended by staff, particularly the first four. He noted that the applicant has agreed to record a deed restriction on the four acres west of the creek, as provided in No.2. He also noted that he does not feel that curbing and paving of the new parking area is necessary, noting his main concern is to ensure that the run.off into the creek is safe and free of pollution; and that essentially eliminates No.4. He then addressed Condition Nos. 1 and 3 in greater detail. He stated that residents along Ice Pond 08-24-92 - .. n_.._._._ --- .---- . , , - 15 - Road would be visually impacted by any storage on that portion of the lot west of the creek; and the fact that most of the screening is deciduous will result in some visual impact from the storage lot on that portion of the new lot lying on the east side of the creek. Mr. Paden noted that Mr. Bob Evans, who owns the property to the north of the new site, .sPoke in support of this application; however, he does not live at that location. He noted that the resident of that property has, in fact, written a letter of opposition to this proposed expansion. He also noted that Mr. Jim Vernon, who lives across Sourdough Road and looks down on the subject site, has repeatedly spoken in opposition to this proposed expansion. Mr. Paden stated that he does not object to the principal economic benefit of this application, which includes the new shop building and new storage building, as long as hazardous materials are not stored there. He noted his only objection is to the outdoor storage of heavy equipment. He stated that the new storage area is located in the floodplain and closer to the residences along Ice Pond Road. Mr. Chuck Paden then addressed Condition No.3, pertaining to the requirement for a 310 permit. He noted that the concrete has been in the stream for an extended period of time, and is egrandfathered in; however, he noted that over the next few years, it will deteriorate and begin to cause problems for those who reside downstream unless it is addressed immediately. He suggested that, since concrete is no longer legal along the streambank, the Commission require that it be removed, before it creates any problems, with appropriate riprap being installed. Mr. Paden stated that if the Commission approves this application with the conditions to which the applicant has agreed plus Nos. 1 and 3, he feels that it is acceptable to most of those who have previously objected. He noted that, while he does not welcome industrial expansion in this area, he is willing to accept it, with these conditions. Mr. Dick Andriolo reiterated the point that a 310 permit is not necessary unless work is being done in the streambed; and none is proposed. He also noted that the concrete along the .streambank on the existing lot, which was legally installed prior to 1975, is still in good condition; and the applicant has no intent to remove it until it deteriorates. He also challenged the appropriateness of attaching such a condition to the requested variances. Mr. Andriolo then suggested that the new storage area will generate less visual impact than the existing storage area because of the natural screening that is available. Responding to Commissioner Knapp, Mr. Martel stated that the bridge across the creek 08-24-92 I - 16 - . on the old mink farm property is rather unsafely constructed; and the timbers can easily be removed without impacting the stream. Responding to Commissioner Frost, City Attorney Luwe stated he feels that No.3, pertaining to 310 permits, is an appropriate condition for approval of this application. He then .noted that. as testimony has revealed. he and Mr. Andriolo disagree on that issue. Responding to Mayor Swanson, Planning Director Epple stated that earlier today, he discussed with the applicant's representatives the possibility of a gravel parking lot, with the appropriate grading and drainage plans provided. He then noted that the issue of providing curbing to protect landscaped areas must yet be addressed, if paving and curbing are not required. He stated that, since he is not aware of any problems generated by the existing unpaved parking lot on site, he does not feel that paving of this lot is "an issue of paramount importance". Responding to Commissioner Frost, the Planning Director stated that grading and drainage plans will be required only for those areas where no lots are constructed, because it appears that the old parking area is stable. Responding to Commissioner Vincent, the City Attorney indicated that the Commissioners ._may seek clarification from staff prior to making a decision at next week's meeting, even if the ~ public hearing is closed today. He then reminded the Commissioners that their initial decision pertains to whether this application meets with the three criteria established by the Supreme Court, after which conditions for approval can be considered. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public hearing be closed. 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. Mayor Swanson closed the public hearing. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the . Commission not waive the customary one-week waiting period. 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. Mayor Swanson requested that this item be placed on next week's agenda for action. 08-24-92 -..------- ..-...---.. , , , . - 17 - . Decision - Conditional Use Permit - Bozeman Shelter Care. Inc.. - allow oDeration of youth grouD home in existina house on Lot 1. Block 7. Fiaains Addition No.4 (3025 Westridae Drive) This was the time set for the decision on a Conditional Use Permit, as requested by Bozeman Shelter Care, Inc., under Application No. Z-9289, to allow operation of a youth group home in an existing house on Lot 1, Block 7, Figgins Addition No.4. The subject site is more .commOnlY known as 3025 Westridge Drive. The City Manager reminded the Commission that the public hearing was held at last week's meeting. He then submitted to the Commission a memo from Planning Director Epple, dated August 21, 1992. Planning Director Andy Epple reviewed his memo of August 21, noting it contains a new proposed Condition No. 16, pertaining to meetings with a recognized neighborhood group, should one be formed. He noted that this condition provides for at least quarterly meetings. He then stated that, while the Commission may encourage the Bozeman Shelter Care to appoint a Figgins Addition representative to its Board of Directors, it has no authority to place such a requirement in the conditions for approval of the conditional use permit. . The Director stated that representatives of the BSCI have just reviewed the proposed condition; and they have suggested that the requirement for quarterly meetings may be too restrictive to both the BSCI and the neighborhood. He also noted that they have gone on record as encouraging public attendance at their Board meetings and have indicated that they are seeking applications from interested Figgins residents to serve on the Board. He then suggested that the condition be revised to provide a less structured meeting schedule with the neighborhood group. City Attorney Luwe suggested the possibility of changing the condition to require "two meetings a year, as requested by the neighborhood". Commissioner Vincent noted that communication between the shelter care and the neighborhood is fundamental to the success of the new home. He noted that if the neighborhood perceives a problem, it should have the ability to call a meeting with the BSCI Board of Directors, .so it can be addressed immediately; however, they should not be required to call a meeting because of a structured schedule established under a condition of approval. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit, as requested by Bozeman Shelter Care, Inc., under Application No. Z-9289, to allow operation of a youth group home in an existing house on Lot 1, Block 7, Figgins Addition No.4, subject to the following conditions: 08-24-92 ~---_.- --...-.. __._.._. ..___.__. _..n . , . - 18 - . 1. That outdoor activities such as ball games be curtailed on a consistent basis at 10:00 p.m., to assure peace and quiet in the residential neighborhood during evening hours; 2. That any change in operation to allow more than 10 children in the facility at any given time be subject to review and approval by the State Department of Family Services, with notification provided to the City-County Planning Office that such increase in numbers served is to .4A. occur, and that appropriate DFS licensing has been obtained; ,., 3. That the facility be operated and maintained at all times in compliance with all applicable rules, regulations and standards set forth by DFS, Department of Health and Environmental Sciences and the Bozeman zone code; 4. That evidence of DFS approval of operation of the facility at 3025 Westridge Drive be provided to the City-County Planning Office prior to occupancy of the structure or commencement of the use as a youth group home occurs; 5. That a City standard sidewalk be constructed adjacent to the property along Westridge Drive, subject to review and approval of the City Engineering Department; 6. That an Occupancy Permit, issued by the Chief Building Official certifying that all applicable Uniform Building and Fire Codes have been complied with, be issued prior to occupancy of the structure or commencement of the use as a youth group home occurs, and that a copy of said Occupancy Permit be provided to the City-County Planning ~ Office; ........... 7. That in an effort to minimize neighborhood impacts, Shelter Care youth not be allowed to have vehicles at the premises during their stay therein; 8. That in an effort to minimize neighborhood impacts, no more than two staff people be on premises at any given time, except when necessitated by crisis or emergency; 9. That in order to minimize neighborhood impacts, the two car garage be renovated as necessary for use as a parking facility, and that staff use the inside of the two-car garage for parking when on duty, to leave at least one stacked parking space on the driveway available for guests, deliveries, etc.; 10. That a privacy fence be installed along the north property line, in accordance with DFS licensing requirements and City of Bozeman zoning standards; 11. If occupancy of the structure or commencement of the use is to occur . prior to the installation of the required outdoor, non-building site improvements (i.e., privacy fence and sidewalk) the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of the required improvements. Said Improvements Agreement shall include detailed cost estimates and construction plans of the sidewalk and fence. The Improvements Agreement shall be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all secured site improvements shall be completed by the applicant within 08-24-92 -..-......-..-. .-....--- . '. - 19 - nine (9) months of occupancy to avoid default on the method of security. All required building improvements shall be completed prior to occupancy of the building by Bozeman Shelter Care, Inc. 12. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the A conditional use permit procedure; ....... 13. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 14. That all conditions specifically stated under any conditional use listed in this ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 15. That all of the special conditions shall be consented to in writing by the applicant; and 16. That if a Figgins neighborhood group or organization is formed to provide constructive advice, input and feedback on the operation of a youth group home at 3025 Westridge Drive, the executive director and officers of Bozeman Shelter Care Inc. will agree to hold a minimum of two meetings per year, at the group's request, with said group or organization for as long as it is in existence and/or continues to desire to participate in such meetings with BSCI. The motion carried by the following Aye and No vote: those voting Aye being Commissioner a ~ Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Decision - variance to allow four off-street parking soaces instead of reauired nine oarkinq soaces - Bozeman Shelter Care. Inc. - Lot 1. Block 7. Fiagins Addition No.4 (3025 Westridae Drive) This was the time set for the decision on the variance to allow four off-street parking spaces instead of the required nine parking spaces requested by Bozeman Shelter Care, Inc., under Application No. C-9216, on Lot 1, Block 7, Figgins Addition NO.4. The subject site is more commonly located at 3025 Westridge Drive. The City Manager reminded the Commission that the public hearing was held at last . week's meeting. Mayor Swanson stated that both the School District and representatives from the Overbrook Planned Unit Development have indicated to him an interest in meeting with an organized Figgins Addition neighborhood group to discuss various issues as they may arise. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the variance from Section 18.50.120.F.1. of the zone code to allow four off- 08-24~92 -.. - - .--- .-- ----- . -..-.---... ._. .__._n.._ - __.______ __....u._." .___._.._.__ .__. ~.--_....__. ---.... .--- --.- -- - ....._-_.~ ~_._. . .- - 20 - street parking spaces instead of the required nine parking spaces requested by Bozeman Shelter Care, Inc., under Application No. C-9216, on Lot 1, Block 7, Figgins Addition No.4, subject to the following conditions: 1. That all conditions of approval of CUP Application No. Z-9289 be made applicable to and become a part of any approval of this variance ~ requires; and - ~ 2. That BSCI file and record a deed restriction with the Gallatin County Clerk and Recorder assuring that future uses of the subject property for any purpose other than as a "youth care facility" be limited strictly to allowable R-2 (Residential-Single-Family, Medium Density) uses, and that evidence documenting such filing and recording be provided to the City-County Planning Office prior to occupancy of the structure or commencement of the use of the property as a youth group home occurs. The City of Bozeman shall be made a party to said deed restriction, which shall be binding on all heirs, successors and assigns of the subject property, and which shall be revocable only by mutual consent of the City and owner of the subject property. 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. _Decision on variances to Sections 18.50.060.C.. 18.28.050. 18.50.060.A. and 18.50.100.C. - ......, Brit Miller for Blue Basket Market for Lot 1. Block 3. Walker ProDertv Subdivision ( 1 035 Reeves Road West) This was the time set for the decision on the variances to Sections 18.50.060.C., 18.28.050, 18.50.060.A. and 18.50.1 OO.C. of the zone code, as requested by Brit Miller for the Blue Basket Market, under Application No. C-9215, for Lot 1, Block 3, Walker Property Subdivision. The subject site is more commonly known as 1035 Reeves Road West. The City Manager reminded the Commission that the public hearing was held at last week's meeting; and the decision was deferred until this time. Mayor Swanson asked Associate Planner Wall to review each of the five variances, after which he requested that the Commission act on each of the five variances separately. . Planner Wall reviewed each of the requested five variances, after which the Commission voted on them individually, as follows: 1. From Section 18.50.060.C., to allow the driving/parking area to encroach 22 feet into the required 25-foot corner side yard on the south; 2. From Section 18.50.060.C., to allow the driving/parking area to encroach 21 feet into the required 25-foot corner side yard on the north; 08-24-92 -.-.-.-...-.--..---..-. ---.--.-. --...- ... .-.-. - 21 - 3. From Section 18.50.060.A., to allow a gas pump island canopy to encroach 5 feet into the required 20-foot yard setback for a permitted encroachment; 4. From Section 18.28.050, to allow the driving/parking area to encroach 22 feet into the required 25-foot corner side yard on the east; and 5. From Section 18.50.110.C., to allow 40-foot-wide curb cuts rather . . than the maximum 35-foot width. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission deny the requested variance from Section 18.50.060.C., to allow the driving/parking area to encroach 22 feet into the required 25-foot corner side yard on the south. 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. i It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission deny the requested variance from Section 18.50.060.C., to allow the driving/parking area to encroach 21 feet into the required 25-foot corner side yard on the north. 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. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission deny the requested variance from Section 18.50.060.A., to allow a gas pump island canopy to encroach 5 feet into the required 20-foot yard setback for a permitted encroachment. 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. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission deny the requested variance from Section 18.28.050, to allow the driving/parking area . to encroach 22 feet into the required 25-foot corner side yard on the east. 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. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission deny the requested variance from Section 18.50.11 O.C., to allow 40-foot-wide curb cuts rather than the maximum 35-foot width. The motion carried by the following Aye and No 08-24-92 -- -.---...-- --~,..~~_.~-,.._'" ~ .---- -"..~~,'-_._----_.._-,-_.._,,--- . . - 22 - vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. At the City Manager's request for direction, Commissioner Frost suggested that the applicant go through the deviation process, as recommended by staff; Mayor Swanson concurred. . The Planning Director then suggested another option would be to encourage the applicant to consider the parcel which is immediately to the south. He noted that parcel contains 1.62 acres instead of the. 723 acres involved in this site. The City Manager reminded the Commission that this area is B-1, Neighborhood Commercial, rather than B-2, Highway Commercial. He suggested that with the B-1 designation, attracting traffic from the interstate should not be a primary goal of the business. Ordinance No. 1352 - vacatina and abandonina the north/south alley between Lots 1 throuah 20. Block C. Alderson's Addition City Manager Wysocki presented Ordinance No. 1352, as approved by the City Attorney, entitled: . ORDINANCE NO. 1352 .,., AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY LYING BETWEEN LOTS 1 THROUGH 20, BLOCK C, ALDERSON'S ADDITION TO THE CITY OF BOZEMAN. MONTANA. The City Manager reminded the Commission that they had conducted the public hearing on the intent to vacate this alley, which lies under the Emerson School, at last week's meeting. He then recommended that they provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission provisionally Ordinance No. 1352, vacating and abandoning the north/south alley in Block C, Alderson's Addition, and that it be brought back in two weeks for final adoption. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 08-24-92 - ---- ----.-.... -------------- ------.-------..--- ..~ .. -.- --"._-_._-~"""". ..._..~ . < . .. - 23 - MultiDle deviations to Sections 18.50.100.0.5.c.. 18.50.120.0.1.. 18.50.120.8.11.. 18.50.120.8.13. and 18.50.035.0.2. - Emerson School Site. 111 South Grand Avenue - Emerson Cultural Center The City Manager reminded the Commission that Commissioner Frost had requested that this item be removed from the Consent Items. . Commissioner Frost stated he had requested this item be removed from the Consent Items because the site drawings were sketchy, and he wanted to know exactly what the landscaping and parking lot elements are actually to be. Planning Director Andy Epple stated that he has been assured by Susan Taylor that a more detailed and complete site plan is being prepared, and will be ready for the Planning Board meeting tomorrow night, when the major site plan review is scheduled. He then reviewed the plans for re- use of the school structure as a cultural center, which include the following requested deviations: 1. From Section 18.50.1 00.D.5.c.( 1 )(c), to allow a four-foot-wide screening strip for the parking lot rather than the required eight-foot- wide strip; 2. From Section 18.50.1 00.D.5.c.(3), to allow parking spaces closer than 90 feet from the trunk of a tree; '. 3. From Section 18.50.1 00.D.5.c.(5), which requires interior landscaping in a parking lot containing more than 15 parking spaces; 4. From Section 18.50.100.D.5.c.(5)(i), which requires permanent irrigation systems; 5. From Section 18.50.120.8.1., to allow 23- and 24-foot driving aisles instead of the required 26-foot-wide driving aisles for two-way traffic; 6. From Section 18.50.120.8.1.(5), to allow 35 percent compact car spaces in Phases I and II; 48 percent compact car spaces with all three phases, rather than the allowable 25 percent; 7. From Section 18.50.120.8.11., which requires a 6~inch by 6-inch perimeter concrete curb around the entire parking lot; 8. From Section 18.50.120.8.13., which requires concrete sidewalks between any building and parking lot; and 9. From Section 18.50.035.D.2., which requires a permanent enclosure for garbage storage. . Commissioner Stiff expressed concern about the potential further cutback in parking, noting he does not feel the neighborhood should be subjected to severe on-street parking problems because of the new use of this structure. He also noted that the 75 percent capacity of the building, which triggers Phase III of the parking lot, could mean different things which would, in turn, have different impacts on the area. The Planning Director noted that staff and the DR8 have recommended that the parking 08-24-92 --- .. ......---.. . ---.--.. -~_.._-_..- ---- ~ , . - 24- , lot plan be reviewed to ensure that adequate circulation is available for fire trucks and emergency equipment. He then stated that staff has long recognized that if the Emerson were to be used as something other than a school, deviations to the parking requirements would be required. Commissioner Vincent suggested that a neighborhood parking district may be needed for .the residential area around the old Emerson school site if it is determined the impacts are too great. Responding to Commissioner Stiff, the Planning Director stated that under the City's parking regulations, 129 parking spaces are required for the rental space in the new cultural center; and that does not include the 125 parking spaces for the theatre portion only. He noted that, because of the nature of the two activities, it is anticipated that the same parking spaces could be utilized for both purposes. He then stated that in Phases I and II, 82 parking spaces are to be provided; and when Phase III is completed, a total of 118 off-street parking spaces are to be provided under the current plan. The City Manager noted that if events occur at both the Willson School auditorium and the Emerson Cultural Center at the same time, on-street parking will definitely impacted. He noted, however, that if an activity is being conducted at the cultural center only, there should be adequate eon-street and off-street parking to accommodate the activity without adversely impacting the residential area. Responding to Commissioner Stiff, the Planning Director stated that the availability of on- street parking on all four sides of the Emerson Cultural Center was taken into consideration when staff was preparing its report on these requested deviations. He noted that since the site does have this type of exposure for on-street parking, it was determined that this request was appropriate. Mayor Swanson noted that the Development Review Committee and the Design Review Board have discussed this site and its situation extensively and determined this is the best approach for re-use of the structure. He then noted an interest in the 75 percent occupancy rate for . triggering of the third phase of the parking lot. Commissioner Vincent noted that if the auditorium has a capacity of 500 people; and they arrive at an average of two people per vehicle, 250 cars could easily require parking. He noted that approximately 142 spaces would be available on and around the site, leaving 108 vehicles to find other parking in the area. Commissioner Stiff noted that the residential area around the Emerson site is supportive 08-24-92 . , .. - 25 - of the change in use for the building, and recognizes that it will incur some parking impacts from time to time. He noted, however, that he felt their concerns should be noted when considering this item. Responding to Commissioner Knapp, the Planning Director stated that at the time the .building reaches 75 percent occupancy, review of the off-street parking area will be conducted, to determine if Phase III parking is necessary. He noted that if that review determines that only 50 percent or so of the existing parking area is being utilized, the applicant will not be required to tear up the grass to pave additional parking spaces. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the multiple deviations to Sections 18.50.100.D.5.c., 18,.50.120.D.1., 18.50.120.B.11., 18.50.120.B.13. and 18.50.035.D.2., listed above, as requested by the Emerson Cultural Center, subject to the following conditions: 1. That a four-foot-wide minimum area be provided for screening the parking lot from West Olive Street in the area of the Phases I and II parking, with the existing chain link fence removed. The area must be planted with a hedge and/or a combination of berming and large evergreen shrubs of appropriate varieties to ensure a minimum four- . foot-high screen. The landscape plan must be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field at least five years of professional design experience; 2. That a parking lot layout which includes a second exit, traffic circulation islands, wheel stops or sidewalks between the parking stalls and the west side of the building, and adequate turning radii be presented to and approved by the Development Review Committee. If the new layout eliminates parking stalls to ensure safety within the parking lot, that deviations to the number of parking spaces be allowed; 3. That at the time 75 percent of the available rental space within the building is leased, that the need for Phase II parking be reviewed. If the additional parking is deemed necessary by the City Commission, then a detail of the parking area be submitted to and approved by the City Engineer and Planning Office to ensure adequate drainage and design; 4. That all hand rails to be replaced be made of wood; . 5. That details of the following structural changes be submitted in full detail for review by the Historic Preservation Officer, Planning staff and, if deemed necessary, the Design Review Board: a) All signage must be reviewed by DRB; b) Rain gutters for the south side of the building; and c) Refinishing of wood surfaces, interior and exterior; 6. That no seats be removed from the auditorium/theatre, and that ticket sales for events held in the auditorium be limited to 500; and 08-24-92 _.. ..._.___ _.__n_...'.____ . -...-- ,.. - .-...------- ----...-------.---- .n___. . . - 26 - 7. That a garbage enclosure be provided with a detail shown on the final site plan. 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. . Concect clan review - Creekside Subdivision & P.U.D. - 161-acre parcel generallv bordered bv Baxter Lane on the north. city limits on west and Davis Lane extended on the east City Manager Wysocki requested that this item be deferred due to the late hour. Mayor Swanson requested that this item be placed on next week's agenda. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledge receiDt of Detition from residents of North Broadwav Avenue re truck traffic Acknowledge receiDt of aDDlication of annexation - PV Entercrises - 12.267-acre tract located at northwest corner of intersection of West Main Street and West College Street: refer to staff . Reauest for authorization to close scecified inactive SID funds through use of $24.476.07 in SID Revolving Fund monies Award bid - pavina of Kaav Boulevard. 11th to 19th Streets. Schedules I & II - Pioneer Readv Mix. Bozeman. Montana - $194.113.50 Authorize staff to eroceed with DreDaration of acclication for CDBG housing arant for SeDtember cvcle. and set tentative hearina date on acclication for Sectember 9 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 - 6:04 D.m. Mayor Swanson declared a recess at 6:04 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the regular business items. Reconvene - 7:00 c.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the 08-24-92 . ..-..-.-...- -...--. . . - 27 - scheduled public hearings and completing the regular business items. Public hearing - tentative aDDroDriation ordinance for FY93 This was the time and place set for the public hearing on the tentative appropriation .ordinance for Fiscal Year 1992-1993, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1993. Mayor Swanson opened the public hearing. City Manager Wysocki briefly highlighted the figures contained in the tentative appropriation ordinance for Fiscal Year 1992-93, for salaries, operations and capital, as follows: General Fund - $5,442,119; Special Revenue Funds - $2,573,082; Debt Service Funds - $1,585,000; Water - $2,130,100; Sewer - $1,726,898; Garbage - $798,116; Internal Service Funds - $360,578; and Trust & Agency Funds - $182,000, for a total of $14,797,893. He then . reviewed the various sources of revenues, noting that they also total $14,797,893, providing for a balanced budget. The City Manager reminded the Commission that during July, they conducted four work sessions on the City Manager's Recommendations document, and adopted the tentative appropriation ordinance on August 3, which included those figures. He further reminded the Commission that on August 10, they conducted another work session on the budget, at which time they forwarded specific revisions to the tentative appropriation ordinance, with those revisions to be considered as a part of this public hearing. Administrative Services Director Gamradt reviewed the revisions which the Commission determined should be a part of this public hearing, as follows. . General Fund. City Commission - remove $7,000 from capital for renovation of the dais, since the project is to be delayed for one year; Police Department - remove $15,000 from salaries, for a parking attendant (to be moved to Special Revenue Funds); Fire Department - add $25,000 to salaries for a new inspector/firefighter; Streets - remove $40,000 from operations {to be moved to Special Revenue Funds; add $15,000 to operations; and Building Maintenance - remove $2,500 from capital for a new sound system (in conjunction with renovation of dais). 08-24-92 .- " ~ If."""""! ''I'''''''""'''" . - 28 - Special Revenue Funds. Create a new "neighborhood parking district" budget unit and include the $15,000 for salaries from the Police Department and $40,000 for operations from Streets. Enterprise Funds. Garbage Disposal - add $240,000 to capital for a new scraper. . The Director then reviewed the adjustments to revenue, which include transfer of $10,000 from the General Fund to Special Revenue Funds for the neighborhood parking district, and adding $180,000 to the Enterprise Funds as an INTERCAP loan for the scraper. Administrative Services Director Gamradt then reviewed the revised totals as a result of these adjustments, noting that the total revised budget is $15,068,393. Mr. Jerry Nelson, 360 Concord Drive, expressed concern about the fund balances for the General Fund for the years ending June 30, 1991 and June 30, 1990, and the amount by which they have increased. He noted that the fund balance increased more that $200,000 between those years; and it appears the City is holding an incredibly large sum of money without a designated purpose or reason. He noted that, while he recognizes the importance of the City retaining adequate reserves to obtain good interest rates on bonds, he feels that the amount which the City .is presently holding is excessive. Mr. Nelson then reminded the Commission of the crisis which this community is encountering with regard to affordable housing. He noted the problem has been "studied to death" with very few reasonable solutions surfacing. He then noted that property taxes are one of the elements in affordable housing, encouraging the Commissioners to maintain as Iowa tax levy as possible. He suggested that this has not occurred in the past, given the excessive reserves which exist. Mr. Walter Martel, 1603 South Willson Avenue, expressed concern about the purchase of a new scraper for the landfill at a cost of $240,000, $180,000 of which is to be funded through an INTERCAP loan. He then suggested that, in light of the reserve balances, the City pay cash for the scraper instead of borrowing. . Mr. Martel noted the taxpayers need a break, however slight it might be, particularly in light of the recent increases in the appraised values of residential properties. He suggested that those increased valuations, and the additional tax revenues generated from them, should be taken into consideration when establishing the mill levy for this year. Mr. Don Langohr, 205 Westridge, stated support for the comments which have been 08-24-92 ----- -.-.. --.---., --..- -,--_., - ,. -------.-.. - 29 - made. He stated he does not believe the City should accumulate reserves in excess of what they have been in the past. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, submitted to the Commission a letter dated August 24, encouraging the Commission to consider '-, the increased valuation of the mill in Bozeman as well as the increased growth in the community . when setting its budget and mill levy . She then encouraged the Commission to lower the number of mills levied as much as possible for this upcoming year. City Manager Wysocki read into the record a letter from Mrs. Shirley Sedivy, 2205 Highland Court, dated August 20, encouraging the City to include one-third of the costs of bringing City facilities into compliance with the new accessibility regulations under the Americans with Disabilities Act in this year's budget, rather than waiting until Fiscal Year 1995 to fund all of those costs. Administrative Services Director Gamradt responded to several of the issues raised in the public testimony. He reminded the Commission that Pages 13 and 14 of the City Manager's Recommendations include the policy statements regarding reserves. He noted the only ~ ~discretionary monies being held are in the undesignated reserve, which is set at 8 percent of the '" annual General Fund expenditures. He noted that the Governmental Finance Officers' Association has recommended that the undesignated reserve level be set at 5 to 10 percent; and the City has selected 8 percent for its reserve level. He then reviewed the other three reserves which have been established for specific purposes, which include: (1) cash flow reserve, (2) employee benefits payable reserve and (3) fixed asset acquisition and replacement reserve. The Director noted that at the present time, the monies set aside to cover the employee benefits payable are an option--one which is supported by the auditors. He noted, however, that in 1995, the GASB regulations will be revised so that this funding is mandatory; and having those in place now will avoid any possible adverse audit comment. He then noted that the amount set aside for fixed assets is $1.4 million; ~ however, the amount of accumulated depreciation (which is not utilized for General Fund activities) . ac \ is $2 million. Director Gamradt then reminded the Commission that the reserve accounts apply only to the General Fund. He noted that the Garbage Fund, which must pay for the new scraper, does not have adequate cash to fund the $240,000 purchase, so staff has proposed that $60,000 in cash be utilized and the remaining $180,000 be borrowed. 08-24-92 ~---- O~-L.q.-g~ _u_._ ______ -- ...---.--.-.-.... . , - 30- City Manager Wysocki reminded the Commission that last year's mill levy was at 123.54 mills; under his proposal, the mill levy for this year would have been 123.34; and with the new mill value, the levy can be lowered to 120.85 mills. Responding to Mayor Swanson, the City Manager stated that the estimated costs of ~ complying with ADA regulations has not been determined. He suggested that, rather than .,., attempting to address the matter at this time, it would be better to address it through a budget amendment if it is determined that some of the projects should be completed this fiscal year. He then noted that $3,500 has been included in this year's budget for administrative expenses associated with the ADA regulations. Responding to the Mayor, Director Gamradt stated the Garbage Fund has approximately $150,000 in cash balance. He reminded the Commission of the high priority items which have been identified for this fund, noting that to use $60,000 as a down payment on the new scraper will leave only $90,000 with which to address some of the other priority items. The Director also cautioned the Commission that this fund is quite unstable; therefore, it is better to maintain a slightly larger reserve in the fund. He noted that the more stable a fund is, the lower the reserves ~can be. ~ At the Mayor's request, the Director reviewed the reserves for cash flow and how they are established. He noted that property taxes, which are the City's primary source of revenue, are collected by the County in November and May; and the City receives its share in December and June. He stated this causes the City to spend an average of $744,000 more than it receives in the first five months of the fiscal year; resulting in a need for operating cash in that amount. He stated that, while registering of warrants until the tax revenues are received is a possible option, having the cash on hand is a much more efficient and cost effective manner in which to conduct business. Commissioner Stiff suggested that, rather than being behind in tax collections, the City . actually receives one-half of its property tax revenues just fifteen days prior to the start of the fiscal year. He also noted that the four reserve accounts total $2.4 million, or 50 percent of the amount budgeted for this year's General Fund. He then noted that the policy regarding reserves is established as a part of this budget; and he feels it is important to set a policy which protects the City's financial interests but also recognizes the taxpayers' constraints. He then suggested that the Commission establish one unreserved fund balance in the amount of 20 percent of the General 08-24-92 _._..,--_._--~ , , - 31 - Fund budget, stating that he does not feel that the reserves should be mutually exclusive. He stated that he was on the Commission when the City was attempting to recover from a financial catastrophe; and, while he recognizes the importance of maintaining a healthy level of reserves, he feels the City has too much now. . Responding to Mayor Swanson, Commissioner Stiff stated he recognizes that the City apparently has no option but to fund employee benefits liabilities; however, he feels that a 20- percent reserve could serve that purpose as well as the other reserve needs. He then noted that, once the tax monies have been collected, it is impossible to give them back to the people who paid them. He noted, however, that reserves have grown substantially over the past four years; and he feels that the revenues could be reduced for the next few years. Commissioner Frost stated support for the current policy, stating he feels it is better to set aside monies for a particular purpose than to simply set aside monies that can be utilized for anything. Administrative Services Director Gamradt stated that, as the result of an external auditor's recommendation, the monies set aside for acquisition of fixed assets was moved from the Special . Revenue Fund to a reserve in the General Fund. He then noted that the other three reserves had been established prior to his beginning to work for the City, which is almost seven years ago. He suggested that since this structure has been in place for nearly ten years and since it has not been the subject of any additional auditor comments, he feels it should be maintained. The Director then reviewed the difference between reserves and designations, noting that reserves are for those monies that must be set aside legally; and designations are set aside by the Commission. He then noted that the Commission could establish one large reserve, as suggested by Commissioner Stiff; however, he stated that would be contrary to the recommendations of the auditor. Administrative Services Director Gamradt stated that one Commissioner asked him to .research the reserve levels of other communities in Montana, and forwarded the following results: Billings has $13 million in reserves and a $17 million General Fund budget, for a 74-percent reserve balance; Great Falls has $6.6 million in reserves and an $8.7 million General Fund budget, for a 76- percent reserve balance; and Helena has $1.8 million in reserves and a $5.3 million General Fund budget, for a 35-percent reserve balance. He then noted that these figures average out to a 62- percent reserve balance; and Bozeman has 60 percent in reserves. 08-24-92 -----..-- . . . . - 32 - 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. City Manager Wysocki asked if the Commissioners have any additional changes they want made to the appropriation ordinance; the Commissioners forwarded no revisions to the numbers. Commissioner Stiff stated that if the reserve policy is established at this point, he feels it should be carefully reviewed at this time, noting that the Commission has just received some new information regarding reserves. He then expressed concern about the fact that the level of reserves is growing at the rate of $200,000 per year; and that issue should be carefully reviewed. Commissioner Vincent noted that Commissioner Stiff raises some points which he would like time to consider. He stated that, while he wants to consider Commissioner Stiff's idea of establishing only one reserve fund, he is leaning toward retaining the four separate categories that have been established and which have worked over time. He noted that the balances in those .funds should be maintained within reasonable limits; and any growth in those balances should be carefully reviewed. Commissioner Vincent then noted that many of the public seem to forget that many of the City Commissioners are in the same boat. He noted that he bought his home not too many years ago, at age 43. He further noted that he is a one-income family, and is supporting both his wife's and his daughter's attendance at college. He stated that his income is almost frozen, since it is at the top of the teacher's salary schedule because of his years of service; and he has incurred the same increases in property valuation as other residential property owners in the community. He further noted the breakdown of property taxes, which are divided approximately one-half to the school district, one-fourth to the County and one-fourth to the City. . Commissioner Knapp noted that the future must be considered as well as the present. She noted that in the next few years, the City may incur a decrease in revenues; and it will still have obligations which must be met, one of the largest being infrastructure repair and replacement and growth. She stated the costs of implementing the new transportation plan update, which are estimated at $35 to $40 million over the next twenty years. She then noted concern about how lowering of the revenues now would impact future attempts to raise revenues to meet 08-24-92 ___n ---. .-..-- . , , . - 33 - expenditures, stating she is comfortable with the budget as it is. City Manager Wysocki reminded the Commission that no monies have been included in this budget for renovation of the Law and Justice Center, noting that to expend monies for that project will require a budget amendment. He then noted that if the staff feels that installation of .improvements to meet ADA requirements is necessary this year, he will bring back a budget amendment for that item as well. Mayor Swanson stated an interest in providing monies in this year's budget for complying with ADA regulations. He noted the substantial decrease in the mill levy, from 123.54 to 120.85 mills. He then stated support for the City's reserve policies and fund balances, stating he feels they meet the guidelines set by the large bond rating companies. He noted the importance of retaining the four separate reserves which have been established, suggesting that, while the City enjoys a good position at this time, it may encounter problems in one or all four of these areas at the same time; and it should be in a position to address them. Mayor Swanson then asked if the other Commissioners feel that monies should be set aside in this budget to begin meeting ADA requirements. . Commissioner Frost noted an interest in including monies for this item. Commissioner Stiff noted the various committees on which he has served, to ensure adequate access and services for the disabled. He noted that a lot of money has been spent on studies and other things; and, really, the handicapped are no better off than they were. He then stated an interest in seeing monies expended for actual projects, but not for administration or studies; however, he is not sure how they should be incorporated into the budget. Commissioner Knapp stated that, while she recognizes the importance of including monies for meeting ADA requirements in upcoming budgets, she feels it ought to be subjected to the same review and scrutiny as all other requests for projects and equipment. She then suggested that this item be considered during the goal setting process next spring, in anticipation of the budgeting .process. Commissioner Stiff noted that, although the mill levy has dropped this year, 2.6 of those mills were for the SID Revolving Fund to cover the bonds for the Valley Unit Subdivision. He noted that means that the mill levy has remained essentially the same for all other operations. Responding to Commissioner Stiff, the Administrative Services Director stated that, with the revisions which have been made, $104,747 in reserves will be used to balance the General 08-24-92 ------- _____________n......_., _... ..... . . , . '. . - 34- ,- Fund portion of the budget. He then reminded the Commission that revenues are budgeted conservatively and expenditures are budgeted realistically, which typically results in a positive balance at the end of the fiscal year. He also noted that the amount of capital purchases was very small a few years ago; and the amount expended on capital items has risen at a rate which is less .than the rate at which the reserve has grown. He stated that in the future. this will allow the City to pay cash for some of the larger capital items. Commissioner Vincent noted the City's good fortune in being able to debate about what is excessive reserves, particularly in light of the State's borrowing money just to get by. He noted that in 1981, the Legislature (of which he was a member) had difficulty in spending all of the money it had available; and if they had just invested $50 million, the State may not be in its current dilemma. The City Manager noted that the appropriation ordinance will be placed on the September 9 agenda for final adoption. Break - 8:25 to 8:32 c.m. A Mayor Swanson declared a break from 8:25 p.m to 8:32 p.m., in accordance with --...,. Commission policy established at their regular meeting of March 14, 1983. Continued public hearina - master clan amendment - Bozeman Area Parks. Dcen Scace and Trails (POST) master clan element This was the time and place set for the continued public hearing on the master plan amendment to the 1990 Update of the Bozeman Area Master Plan, under Application No. P-9223, to add the Parks Open Space and Trails (POST) element to the master plan. Mayor Swanson reopened the continued public hearing. Associate Planner Kevin Wall presented the staff report. He briefly highlighted the contents of the plan, noting that following its public hearing on August 4, the Planning Board .recommended approval subject to some very specific revisions. The Planner stated that Chapter 1 of the hearing draft of the Bozeman Area Parks, Open Space and Trails (POST) Master Plan, dated July 1992, provides the Introduction and Summary of Recommendations. Planner Wall then stated that Chapter 2 provides the Background and Findings, characterizing it as the high point of the entire document. He noted that the process which the 08-24-92 --..---- ---------.... .. _.~_.._.._-- -.-. .'.'--. . ..--- -~. " , " . - 35 - , Parks, Open Space and Trails (POST) Committee utilized to develop this plan is set forth, along with analyses of how this plan fits with other plans which address parks, open spaces and trails. He stated that the trail system has three main trunks, the Gallagator, Sourdough and Highland Ridge loops; and networking of those trails has been identified as a strong need. He further noted that . the Committee has proposed the development of a region-oriented multi-purpose (ROMP) park in the general area of the North 7th Avenue interchange or the North 19th Avenue interchange, which would contain approximately 50 acres and attract activities from all over Bozeman and Belgrade. He noted that if the park were properly located, it could be accessed through an extended network of trails, possibly utilizing the old railroad right-of-way. The Planner stated this chapter also contains an inventory of the City's parkland. He noted that a consensus building process was completed; and a priority list for development of those parks has been established. He then noted that a comparison of how that priority list, the POST survey, the 1989 County plan, the 1979 County plan and the 1990 Bozeman Area Master Plan addresses each of the important issues has been provided. Planner Wall stated that Chapter 3, Existing Parks and Maintenance, encourages the .Recreation and Parks Advisory Board to investigate community needs and continue the effort toward improvement of those parks. He noted this section also encourages establishment of a maintenance policy for each park. The Planner then stated that Chapter 4 addresses the issue of Future Parks, Trails, and the Preservation of Open Space. He characterized this as the centerpiece of the document, providing an overview of the individual parks and setting guidelines for parkland dedications in conjunction with future subdivisions and developments. He stated that the Planning Board has proposed some revisions to this section of the plan. He then noted that this plan does not establish policies for recreational trails, but recommends that it be done in the future. He noted that this plan does propose improvements to the Highland Ridge Trail, protection of stream corridors, .improvements to the Sourdough Trail, extension of the Gallagator linear park on both the north and south ends, future trail links and extensions, commuter routes for bicyclists and pedestrians, peripheral open space, and a region-oriented multi-purpose (ROMP) park. The Planner stated that a foothills overlay district has been proposed, for specified foothill areas around the community, to ensure that development is compatible with the area. Associate Planner Wall briefly reviewed Chapter 5, which pertains to Land Acquisition, 08-24-92 ----... '~ . ," . - 36 - , Chapter 6, entitled Funding and Resources, and Chapter 7, entitled Synopsis of Responsibilities and Time Line. Responding to Commissioner Knapp, the Planner stated that the proposed revisions to Table 4 will not impact the preceding table. . Ms. Amanda Cater, 19 Hodgeman Canyon Drive, stated she has served as Chair of the Parks, Open Space and Trails Committee for the past two years. She then noted the amount of time and energy that several people have dedicated to this project and development of this final plan. She stated this final plan gives guidance for responding to requests for development of various areas in and around the community. She then encouraged the Commission, in light of the amount of development which is occurring, to adopt and implement this plan as soon as possible. Mr. Lee Stroncek, 818 South Black Avenue, stated he lives adjacent to the Gallagator linear park. He encouraged the City to acquire as much land for parkland and open space as possible, as quickly as possible. Responding to Mayor Swanson, Ms. Cater stated the Committee is comfortable with the revisions which were recommended by the Planning Board. . Commissioner Vincent noted the Commission has received a letter from Mr. William Locke, dated August 20, in which he forwards his minority view of the plan. He then asked about a possible "post POST" committee to oversee implementation of the plan. Ms. Cater responded that she feels the only function of a "post POST" committee would be to serve as a watchdog. Ms. Gretchen Rupp, 221 Lindley Place, member of the POST Committee, noted the plan includes a listing of proposed responsibilities for implementation of the plan. She noted that one of those recommendations is that the City hire a grant writer, to tap into some of the funding options available for this type of project. Mr. Robert Lee, 2101 Fairway Drive, member of the POST Committee, suggested that if . the Commission feels a 'post POST" committee is needed. a drastically reduced version of the POST Committee should be considered; and it should be made subordinate to the Recreation and Parks Advisory Board. Mrs. Ann Banks, 7 Hill Street, member of the POST Committee, noted the importance of reviewing parkland dedications under the subdivision process to ensure that those parcels are strategically located to maximize options for park and trail systems. She then asked about the 08-24-92 ---......-..---..-- -------------- -......- ---... . 4J 0 - ,If, \ - 37 - . agreement which the City currently has with the Gallatin Valley Land Trust for improvements to the trail system. City Manager Wysocki stated the current agreement with the Gallatin Valley Land Trust is very narrow and specific in nature, and is rather short term. He noted that there may be an .opportunity for additional agreements in the future, as funding becomes available. Mr. Jim Wysocki, 415 Morrow, noted that there have been discussions in the past about a trail connecting the City's parkland in Valley Unit Subdivision to the fishing ponds and asked if that has been included in this plan. Associate Planner Wall responded that one of the Planning Board's recommendations pertains to connecting trail designations in the northwest corner of the community; and that trail could be expressly outlined. Ms. Cater stated support for including this trail designation. She then noted that the main objective of this plan is to provide a corridor through which people can access national forest property from within the city. Commissioner Frost asked if all of the planners have read and reviewed this plan. . Associate Planner Wall responded that all of the planners are aware of the document and will utilize it when reviewing a project, if necessary. He then noted that Recreation Superintendent Sue Harkin receives a copy of the agenda for DRC meetings; and the Planning office will contact her when necessary to forward an item to the Recreation and Parks Advisory Board for review and comment. Further responding to Commissioner Frost, the Planner stated that the County will be conducting its public hearing on this plan tomorrow. He then noted that any subdivisions in the County will be reviewed for compliance with this document, after it is adopted by both governing bodies. Mrs. Daria Joyner noted that the railroad right-of-way near Belgrade is used extensively . by bicycles. She noted that to link Belgrade with a region-oriented multi-purpose park through this right-of-way would be extremely beneficial to both communities. She suggested that this project could be accomplished simply and easily and could provide an additional link between the two communities. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being 08-24-92 . . . , - . . - 38 - , ~ Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the . Commission waive the customary one-week waiting period. and approve the master plan amendment to the 1990 Update of the Bozeman Area Master Plan, under Application No. P-9223, to add the Parks Open Space and Trails (POST) element to the master plan. 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. ( 1 ) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on July 28, along with a copy of a letter from the Montana Department of Transportation to Mr. Baumbauer. . (2) Weekly water report for the week ended August 20. (3) Letter from Harold Prather, Georgetown, Kentucky, dated August 16, stating appreciation for the Sunrise Campground. (4) Letter from Bozeman Shelter Care Facility, dated August 20, regarding their application for conditional use permit, which was acted on earlier this afternoon. (5) Agenda for the Gallatin County Commission for their meeting to be held on August 25, along with daily minutes for the week of August 10. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 25, at the Carnegie Building. (7) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on . Tuesday, August 25, at the Carnegie Building. (8) Letter from Mr. Edmund P. Sedivy, Jr., attorney representing the Estate of Dorothy Porter, dated August 17, forwarding a $50,000 donation to the Library, with no specific stipulations on how the monies are to be spent. The City Manager noted that how the monies will be utilized is a topic for future discussion. 08-24-92 --------.- -.- ---.---.-.....---....--.-.-- ----..-". . ..-..--. -.. _..,- '. '. ~ ~ " ~ - 39 - , ~ (9) The City Manager submitted his weekly report, as follows. (1) Attended the MMIA meeting on Thursday and the loss control workshop on Friday. He noted the Friday workshop is the first in a series to be conducted by experts in various fields; and this one pertained to police departments. (2) Noted that staff spent a considerable amount of time working on items .for this week's agenda. (10) Commissioner Frost noted appreciation for Bozeman, particularly after spending last week at a conference in Seattle. (11 ) Commissioner Vincent asked about the Blue Basket Market agenda items on the DRC and DRB agendas. Associate Planner Wall stated that, in light of the Commission's actions earlier today, he will recommend a defacto denial of these items. (12) Commissioner Vincent asked about the appeal process for a certificate of appropriateness, since he has been asked to testify on an application before the DRB at tomorrow's meeting. Associate Planner Wall responded that any appeal of a DRB decision is made to the City .commission. (13) Commissioner Vincent noted that last night a tree limb fell across the power lines which serve their street lights; and by late this afternoon the City crews had cleaned up the broken limbs and Montana Power Company had repaired the damaged lines. (14) Mayor Swanson distributed copies of a memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated August 18, announcing a September 11 meeting of the Legislation and Resolutions Committee. He then encouraged the Commissioners to forward any ideas they may have regarding legislative issues prior to that meeting. ( 15) Mayor Swanson requested that the Commission's prior decision on Mr. Polus' request for multiple variances be placed on next week's agenda for further review. . ( 16) City Anorney Luwe submitted the following. (11 Attended the loss control workshop in Helena on Friday, characterizing it as "an eye opener". (2) Noted that Staff Attorney Wordal is beginning to conduct in-house training for the police officers. (3) Noted he will be out of the office next week for the remaining six days of his summer military training. (4) Reminded the Commissioners that if any of them are served with papers regarding the John Alston case, they are to be forwarded to Barry O'Connell's office immediately. 08-24-92 _________..____.__.u___ ... ., ( ..;;, " ~ ,..<\, '" - 40- .. ( 17) Clerk of the Commission Sullivan reminded the Commissioners that next week is the fifth Monday of the month. She then asked if there are any topics which they wish to address in a "fifth Monday" type of format. Mayor Swanson requested that further discussion of the annexation policy be placed on ......... the agenda. ~ Adjournment - 9:45 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. 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. ~ ,.., ATTEST: {jf:vd~ R BIN L. SULLIVAN Clerk of the Commission . 08-24-92 -