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HomeMy WebLinkAbout1991-04-22 MinutesApril 22, 1991 Pages 3-5 - see attached revised pages Page 6 - Line 22--change "Gallatin Development Center" to "Gallatin Development Corporation" Page 11 - Line 16--change "June 1989" to "September 1989" - Line 18-19 - change "minor site plan approval" to "minor planned unit development approval" - Line 21 - change "existing code" to "old code" Page 16 - Line 16 -- change "hat" to "that" - 3 - Commissioner Goehrung noted that the five-year program for the garbage rvuu should be carefully considered when reviewing the fees to be implemented. Re then stated he feels it is important to address the landfill gate fees for cvmpustah|es and white goods, particularly since neither enters the waste stream at the landfill. Commissioner Coehrwng stated that he has gathered information from the Flathead County Refuse and Landfill District where they have done an extensive survey of landfill; and that usage survey revealed that three-fourths of the garbage clumped at the landfill comes from other than city residents. He noted therefore, it is important to address de- creasing the waste stream from those outside the city limits as well as those inside the city limits. Commissioner Goehrung then noted that the ad hoc recycling committee is to com- plete its work by July 1. He then asked if the Commission has other items which it wishes the committee to address prior to that date noting there will be a substantial amount of education to be done between now and July. Presentation of final report re Groundwater Potential in the Bozeman Fa Sub- Stephan G. Custer City Manager Wysocki stated that Dr. Stephan C. Custer has requested an oppor- tunity to address the Commission regarding his final report. Dr. Stephan Custer thanked the Commission for the cooperation and support which the City has provided over the years of his study which produced a report of nearly »oa pages. He noted that this study was completed through a DNRC Water Development pro- gram water development grant; and the purpose of the study was to explore groundwater potential in the Bozeman ran area. He stated this study is important because at the pres- ent time the City depends on surface water to provide water to its customers. Dr. Custer noted that the City has ho/pod to alleviate the demand for surface wa- ter which is processed through its treatment plant, by drilling wm;|o to irrigate the parks a:nd cemetery; and that creates more available treated water for the residents. He noted that if MSV were to obtain a portion of its needed water supply from groundwater sources that wpwu further reduce the demand on the City's treated water supply. 0r. Custer them noted that clustering of housing developments is being encouraged under the City's new master plan; however, there must be an ww,quau= water supply to support such a housing development. He stated that the Hackett report, which was c"m- nCeted mcv~t-a4-years-ago in 1960, suggests that the groundwater availability in the Bozeman area is fairly heterogeneous, but homiogomous|y so, NMI- -wh ere -:uc­h-ch,s*,i-md­-d+�nFfftertttrr-nti gf:rl-~nzur but did not identify whether there w here were areas d t avail limiting. Such questi important to assess when cluster development i r u. o+-zz-y1 _* - Dr. Stephan Custer then presented slides while he highlighted the contents of his final report. He noted that this report' entitled "Groundwater Putwntial in the Bozeman Fan Sub-oraa breaks the area around Bozeman into several different segments recogniz- ing their differences. He reviewed the number of wells that were used as the data base for this report noting that they include both deep and shallow wells. He noted that, sta- tistically, the water table is deeper to the south and east of Bozeman. Dr. Custer stated that the water level since wells were drilled ,orioa substuotia/| --tThurefore a pattern is difficult to establish. He noted however, that it is generally accurate to state there has been little change in the groundwater level in the past several years. He tbao indicated that there is more clay material to in the north end of the study area which includes Bozeman, than there is to the south and east; therefore, there is better potential for more easily accessible water to the south and pant. Dr. Custer ptwu=d that while there is a Hya[|tc fan. Bozeman Creek does not have an alluvial fan; and the fan is restricted much further south than anticipated. He them addressed the Hyalite erosional orea, noting that is where erosional zcdfm~��, has cut into the finer-graine tTertiary; and that area is located in the eastern portion of the study area (n4ia"-�he east side of Sourdough Creek), He stated those eroded areas have somewhat less groundwater� development potential than other areas. Qr. Custer indicated that the study revealed there are more coarse soils and slightly more water availability in the southern area than in the northern area. He then noted that south of the fan, Hya[ite Creek loses water, while the flow increases north of the Hn­e fan. H then addressed the fault |i | the Gallatin Ran Front, south; of __. � Bozeman. He al-so noted that wells drilled just north of that line ----- fhm-s-tttd)�--erca have more of a tendency to run dry and more commonly d to be re- drilled. Sourdough C reek) deeper, water levels deeper and potential for wells may be !ower Dr. Stephan Custer stated that the Montana State University is located on Pre-Cambrian bedrock, which lies near the surface but ho/ow the sediment; amd south of this bedrock area is +n a generally more day:jrjch soil. He noted the gneissic bedrock is extremely tough to drill through; and the water supply j-s,-mot should not be expected to be very good on the bedrock. 0r. Custer stated that the City has participated in his study through drilling of wells in some of its parhs. He noted that during his testing of all--Of-the nm|{s within 194s the study area' he found some that would pump up to 375 ga||n", per minute which is |oya than the 500 gpm suggested in *acuctt's report. He stated that in those areas whore nq-zz-o1 - 5 - 375 - gallons- per - minute wells can be drilled, clustered development eouFd mfight occur. He noted that screening of the well makes a substantial amount of difference in the amount of water that can be obtained from that source; and he would recommend that such improvements be made whenever possible. Responding to Commissioner Swanson, Dr. Custer indicated that the Hyalite fan is located generally south of Patterson Road. Mayor Hawks thanked Dr. Custer for his presentation. Ordinance No. 1325 - adopting by reference the 1987 Edition of the Uniform Code for Buildinq Conservation with Chapters 4, 5, and 7 deleted except as referenced by Chao- The City Manager presented Ordinance No. 1325, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1325 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE SECOND PRINTING OF THE UNIFORM CODE FOR BUILDING CONSERVATION, COPYRIGHTED 198.7, WITH CHAPTERS 4, 5, AND 7 DELETED THEREFROM EXCEPT AS REFERENCED BY CHAPTER 6 - HISTORIC STRUCTURES, REGULATING THE MINIMUM STAN- DARDS FOR CHANGE OF OCCUPANCY, ALTERATION OR REPAIR OF EXIST- ING BUILDINGS AND STRUCTURES AND ESTABLISHING A PENALTY FOR VIOLATION THEREOF. City Manager Wysocki reminded the Commission that action on this ordinance was tabled at last week's meeting because of a problem with the edition which had been refer- enced. City Attorney Becker stated that the State had adopted the 1987 Edition of the Uni- form Code for Building Conservation; however, when the City tried to obtain a copy of that edition, it was noted that the Editions are dated 1985, 1988 and 1991. He noted that the second printing of the 1985 Edition of the Code was copyrighted in 1987; and that is the edition which was adopted by the State. The City Attorney then recommended that the Commission provisionally adopt this ordinance, which refers to the second printing of the 1985 Edition of the Uniform Code for Building Conservation, copyrighted in 1987. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1325, adopting by reference the second printing of the Uniform Code for Building Conservation, copyrighted 1987, with specified exceptions, 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 Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Q4 -22 -91 MINUTES OF THE MEET|NO OF THE CITY COMMISSION 8OZEMAW, MONTANA April 22 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 22, 1991, at 2:30 p.m. Present were Mayor Hawks, Com- missioner GoehrUng, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners requested that any of the Consent Items be removed for discussion. Commissioner Knapp requested that the deviation re- quested by Clair Dainea for 102-118 East College Street be removed for discussion; and Commissioner Swanson requested that the deviations requested by Delaney and Company for 101 East Mendenhall Street be removed for discussion. Minutes April lo 1991 Commissioner Knapp expressed concern about one of the paragraphs conitained with- in the minutes, suggesting that it should be revised prior to approval. Mayor Hawks requested that approval of the minutes be deferred for a period of one week so that issue may be addressed. Presentation of Annual Report for the Bozeman Public Library for 1990 - Karen Vinton City Manager Wysocki stated that Mrs. Karen Vinton has requested an opportunity to address the Commission, Mrs, Karen Vinton, Chairperson of the Library Board of Trustees, submitted to the Commission the written annual report for /yyO from the Bozeman Public Library. She noted that leoo was a good year with a substantial amount of accomplishments. She stated that the Board and the staff redefined the mission statement, which clarifies the old mis- sion statement. She noted that the Commission has received a copy of the Blue Gibbon report, which was done at the 5mtz level this post year; and she noted with interest that the City's library is currently working on several of the goal statements contained in that report. Mrs. Vinton stated that this year, Board member Edna Berg has worked with the School District and MSU regarding cooperative efforts among the various libraries in the community; and or. Butterfield has been very helpful in those efforts. She noted that last summer, the Library had a computer from the scx"p/ system/ and that program was so successful that hopefully it can be done again this year. o4-2z-ol - 2 - Mrs. Vinton stated that circulation has increased in past years; and it increased another lo percent in 1990. She also noted that use of the reference and information ser- vices increased by a staggering 37 percent in 1990; and the children's programs continue to be popular. She stated that this year's budget request reflects the need for increased staffing levels to meet these increased demands from the public. Mrs. Karoo Vinton stated that in 7990 the Board started preparation for its con- tcnn/at activities; and those have already begun. She noted that on July 13 the Library will xn|4 its centennial birthday celebration, and they wilt be involved in a home show sponsored by the Board of Rwo!u/rs on July o. Mrs. Vinton stated that the Library Director and the Library Board are fiscally re- sponsible and conservative; and they have done a good job of managing the library and addressing the increased activity at the facility. Mayor Hawks thanked Mrs. Vinton for the good job the Board has done of keeping the Commission informed about its activities during the past year. Discussion submittal of two recommendations from the d hoc recycling committee Shannon Walden The City Manager noted that the Commission has received two recommendations from the ad hoc recycling committee. Ms. Jennifer Beall, member of the ad hoc recycling committee, noted that Shannon Walden was unable to attend the meeting due to a scheduling conflict. She then reviewed the two recommendations forwarded by the committee, which include (l) review of the landfill gate foes for compostab|os and white goods, and a survey to determine the poten- tial for a recycling program at the landfill; and (2) an extensive education program which addresses (a) City-sponsored waste oil program, (b) City-sponsored composting program, (c) curbside recycling and/or satellite drop-off program' (d) recycling and (e) composting at home. Ms. Beall then expanded on those two recommendations, noting that the committee would recommend that a public relations person be employed to meet the educational needs, with that individual receiving input from the ad hoc recycling committee. She noted that individual would provide information on the volume-based rate system as well as tips on how to reduce the amount of waste generated. City Manager Wysocki noted that staff placed an advertisement in the insert in Sun- day's Bozeman Daily Chronicle on recycling. He noted that ad referred to the City's waste oil program, composting and the volume-based rate system which the City is currently im- plementing, since those items are definitely dad to the recycling process. He also noted that the City is currently advertising for proposals for an educational program. oo-zz-o1 - s - Commissioner Goehrung noted that the five-year program for the garbage fund should be carefully considered when reviewing the fees to be implemented. He then stated he feels it is important to address the landfill gate fees for compostables and white goods, particularly since neither enters the waste stream at the landfill. County Refuse and Landfill District, where they have done an extensive survey of landfill; and that usage survey revealed that three-fourths of the garbage dumped at the landfill comes from other than city residents. He noted therefore, it is important to address de- creasing the waste stream from those outside the city limits as well as those inside the city limits. Commissioner Gnphrnng then noted that the ad hoc rorycHng committee is to com- plete its work by July T. He then asked if the Commission has other items which it wishes the committee to address prior to that date, noting there will be a substantial amount of education to be done between now and July, Presentation f final report re Groundwater Potential in the Bozeman Fan Sub-area Stephan G. Custer City Manager Wysocki stated that Dr, Stephan G. Custer has requested an oppor- tunity to address the Commission regarding his final report. Dr. Stephan Custer thanked the Commission for the cooperation and support which the City has provided over the years of his study, which produced a report of nearly aon pages. He noted that this study was completed through a DNDC Water Development Pro- gram water development grant/ and the purpose of the study was to explore groundwater potential in the Bozeman fan area. He stated this study is important because at the pres- ent time the City depends on surface water to provide water to its customers. Dr. Custer noted that the City has helped to alleviate the demand for surface wa- ter, which is processed through its treatment p|amc by drilling wells to irrigate the parks and cemetery; and that creates more available treated water for the residents. He noted that if MSU were to obtain a portion of its needed water supply from groundwater sources, that would further reduce the demand on the City's treated' water supply. Dr. Custer then noted that clustering of housing developments is being encouraged under the City's new master plan; however, there must be an adequate water supply to support such a housing development. He stated that the Hackett report, which was com- pleted a6ver-a.1-years-ago, suggests that the groundwater supply �arouncl the E3 prea Dr. Stephan Custer then presented slides while he high,lighted the contents of his 11"V/ - 4 - final report. He noted that this report, entitled "Groundwater Potential in the Bozeman Fan Sub-area," breaks the area around Bozeman into several different segments, recogniz- ing their differences. He reviewed the number of wells that were used as the data base for this report, noting that they include both deep and shallow wells. Ile noted that, sta- tisticaNy, the water table is deeper to the south and east of Bozeman Dr. Custer stated that the water level changes t-h-r-ou-g-hout- the year:, therefore, a pattern is difficult to establish. He noted, however, that it is generally accurate to state there has been little change in the groundwater level in the past several years. He then indicated that there is more clay material �o° the north end of the study area, which in- cludes Bozeman, than there is to the south and east; therefore, there is better potential for more easily accessible water to the south and east. Dr. Custer stated that while there is a Hyalite fan, Bozeman Creek does not have an alluvial fan; and what -does-, exist-lies, much further south than anticipated. He then addressed the Hyalite erosional area, noting that is where erosiona s�ediments cut into the - tertiary; and that area is located in the eastern portion of the study area( a4ovrg t,h-.e east ) kol I-P - W"­�_, - - side of Sourdough Creek), He stated those,,are , as havedess V I development potential than other areas. Dr. Custer indicated that the study revealed there are more coorse soils and ater "ev 6 P in the southern area than in the northern area. He them - the fa u-1 t -1 ine kwh lch Hes­south of 13oz-emar, -noting- that south o-f-that Hrre-, Hyalite Creek loses water, while the 7. 11�4 C ,(' 0 1, k_11 , , C p " .; " . , rte ,, P, e� i ,, Q c h, " �, - 1""" F ­1 1 flow increases north of the line. He aliso noted that welts drilled just north of that afong- the eastern­­Mde of the- s-tudy area have more of a tendency to run dry and be re- kho­ , drilled V, 1-uluo Om C, ("I Dr. Stephan Custer stated that the Montana. State University is located on Cambiriari bedrockV in a generally clay soil. He noted the Xbedrock is extremely tough to drift through; and the water suppi is nit very goads ",, .. cYl 4, Y Dr. Custer stated that the City has participated in his study through drilling of wefts in some of its parks. He noted that during his testing o-f all- of -the wells within whfs study area, he found some that would pump up to 375 gallons per minute, which is less than the 500 gpm suggested in HackettOs report. He stated that in , those areas where 375 - : P11 ,, 11 � gallons-per-minute wells can be drilled, clustered development COU4.d occur. He noted that screening of the well makes a substantial amount of difference in the amount of water that can be obtained from that source; and he would recommend that such improvements be made whenever possible. Responding to Commissioner Swanson, Dr. Custer indicated that the Hyalite fan is located generally south of Patterson Road. Mayor Hawks thanked Dr. Custer for his presentation. 04-22-91 - 5 - Ordinance No. 1325 - adoptin by reference the 1987 Edition of the Uniform Code for Building Conservation with Chapters 4, 5, and 7 deleted except as referenced by Chap- ter 6 The City Manager presented Ordinance No.. 1325, as reviewed by the City Attorney,. entitled ORDINANCE NO, 1325 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE SECOND PRINTING OF THE UNIFORM CODE FOR BUILDING CONSERVATION, COPYRIGHTED 1987, WITH CHAPTERS 4, 5, AND 7 DELETED THEREFROM EXCEPT AS REFERENCED BY CHAPTER 6 - HISTORIC STRUCTURES, REGULATING THE MINIMUM STAN- DARDS FOR CHANGE OF OCCUPANCY, ALTERATION OR REPAIR OF EXIST- ING BUILDINGS AND STRUCTURES AND ESTABLISHING A PENALTY FOR VIOLATION THEREOF. City Manager Wysocki reminded the Commission that action on this ordinance was tabled at last week's meeting because of a problem with the edition which had been refer- enced. City Attorney Becker stated that the State had adopted the 1987 Edition of the Uni- form Code for Building Conservation; however, when the City tried to obtain a copy of that edition, it was noted that the Editions are dated 1985, 1988 and 1991. He noted that the second' printing of the 1985 Edition of the Code was copyrighted in 1987; and that is the edition which was adopted by the State. The City Attorney then recommended that the Commission provisionally adopt this ordinance, which refers to the second printing of the 1985 Edition of the Uniform Code for Building Conservation, copyrighted in 1987. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1325, adopting by reference the second printing of the Uniform Code for Building Conservation, copyrighted 1987, with specified exceptions, 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 Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - request for authorization to expend $5,000 in CDBG economic development re- Rayment monies for funding of a Small Business Development Center Officer through the Gallatin Development Corporation - Dixie Swenson City Manager Wysocki stated that Mrs. Dixie Swenson has requested an opportunity to address the Commission regarding this request. Mrs. Dixie Swenson, Executive Director of the Gallatin Development Corporation, stated that under this request, the GDC is seeking an annual commitment of $5,000 from the City to help fund a Small Business Development Center Officer, who would work under the Gallatin Development Corporation. She suggested these monies could come from the administrative portion of the Community Development Block Grant economic development ad- 04-22-91 _o_ mini5trative monies on a project specific basis in future years. She noted, however, that may not be possible in this initial year. Mrs. Swenson stated there is a definite need for financial technical assistance for both mature companies which wish to expand and for start-up companies. She noted that the Department of Commerce is now attempting to establish o regional network to provide this assistance, and only one individual will be available in Helena for such services. She stated that because of this revision at the Stan, |ave| the DOC will provide $30 a year for the regional Small Business Development Center; however, the remainder of the monies must come from local sources. She stated the annual budget for the Center has been established at $53 and the Corporation has rvrpi,pd or is in the process of seeking funding commitments from the CDC, Park County Economic Development Corpo- ration, the Human Resource Development Council, the Belgrade Chamber of Commerce, and the Bozeman Area Chamber of Commerce, as well as from the City of Bozeman. Mrs,. Swenson stated that the Small Business Administration requests that, as a part of this program, seminars must be provided for businesses; and there is quite a wide range of topics which can be covered under these seminars. She noted that scheduling of those seminars will be done carefully and in conjunction with those provided by other en- tities whenever possib|". Responding to Mayor Hawks, Mro, Swenson indicated that the Small eus/m,ms Ad- m[nistration would like to see long-term funding commitments to the program. Responding to Commissioner Goc»rung' Mrs. Swenson stated $30,000 is being provided by the Department of Commerce. the Gallatin Dova|opmoot^Cdrmer has committed $13.300 in monies and in-kind services and she is seeking $12 from other |pcn| fund- ing sources. She noted that to date, she is seeking $1 from the Bozeman Area Cham- ber of Commerce, $300 from the Belgrade Chamber of Commerce, $sso from the Park Coun- ty Economic Development Corporation, and $3,000 from the Human Resource Development Council. Responding to Commissioner Swanson Mrs, Swenson indicated that financial projec- tions are a fargc part of the initial business plan which must be developed. She noted that without technko/ assistance, this can be an extremely difficult task for new business owners as weft as those who are attempting to expand an existing business. Mrs. Swenson u,eu stated that she feels this technical assistance can be appropriately funded through the use of CDBG administrative monies, or possibly through Science and Technology Alli- ance program monies for capital opportunities. Planning Director Epp/e stated it is possible to fund a portion of the requested $3 annual commitment through Community Development Block Grant administrative funds, as long as those monies are used for project specific technical assistance. - 7 - Responding to Mayor Vmwka the Planning Director indicated it would be necessary to determine that qualifying low- and moderate- income jobs are involved to make the funds available for this type or ono. He stated that technical assistance in preparing loan ap- plications, business planning, hiring and training programs' on a project specific basis would be appropriate as long as the project benefits (ow- and moderate-income persons. Responding to City Manager Wysocki, Planning Director Epp|o stated that proposed guidelines for management and use of CDBG economic development loan repayment monies are now in draft form and will be submitted to the Commission for consideration in the near future. He noted that those guidelines must be adopted by the Commission before any or those monies may be utilized. The Planning Director than reiterated that it is pos- sible that a portion of the City's contribution could be funded from this source provided the guidelines for the program are met on a project specific basis. Responding to the City Manager, Mrs, Swenson stated she needs a firm commitment on funding as soon as possible, so she can move ahead with hiring an SBDC officer. She then indicated that, wb/|u the State would appreciate a long-term commitment of funding, she can accept a one-year commitment from the City' particularly in light of the tact that the funding source could change after this initial year. Mr. Steve Schnee owner ofSchnen's mnnto and 3h"°s noted that his business was recently expanded through the use of a Co8o economic development loan; and he is cur- rently in the process of repaying that loan to the City. He then stated support of this proposal, noting that he utilized the technical assistance avai(ab|e to him in developing what was a successful application. He noted that since that service will no longer he available through the State, it is important to ensure its availability on a regional basis. Mr. Gary Sisson, banker at First Security Bank and member of the GDC Board of Directors, stated that bankers and accountants are reluctant to serve as financial advi- sors. He then stated that this program will provide the much-needed independent person to assist business owners, since the State will no longer provide the service. He then en- couraged Commission approval. Mr. Ed Brandt, President of the Ca||a1iu Development Corporation and member of the Loan Review Board for the Capital Opportunities Program, stated that program has been established to assist under-empbyud or unemployed persons in starting their own businesses. He stated that this proposal will allow for hiring of an individual at the local level to provide the assistance that has been available at the State level in: the past; and this assistance will help to generate fundable grant applications. He then requested that the Commission make the requested commitment. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, submitted a letter of support dated April ln 1991 noting that they have worked mo-Z2-y1 -8- mopamdvaty on various projects over the past two years. He then encouraged the Com- mission to approve the request for a commitment of $s ' 000 on an annual basis, City Manager Wysocki stated that the third quarter budget review reveals there are adequate monies to fvmu the request for $s if the Commission so dosires. He stated that although it is not likely that any CD8G monies can be used this year, it is possible that source could provide a portion of the funding in future years. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commisaimn authorize the expenditure of a total of $5 from the City's General Fund and the Community Development Block Grant economic development repayment monies, if pnssi- hky to assist funding of a Small Business Development Center Officer; and further indicate the City's intent to consider a similar expenditure in future years. The motion carried by the following Aye and No ""to: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Gpehrung and Mayor Hawks; those voting Nn none. Ordinance No. 1326 vacating d abandoning that portion of the 30-foo,t-wide local access strip commonly referred to as a service drive lying between Lots 1, 2, 3 and a portion of Lot 4, Block 3, Durston's Second Addition and the North 7th Avenue right-of-way (Dari- City Manager Wysocki presented Ordinance No. 1326 as reviewed by the City At- torney, entitled: ORDINANCE NO. 1320 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF B0ZEMAM MONTANA, VACATING AND ABANDONING THAT PORTION OF THE 30- FOOT-WIDE LOCAL ACCESS STRIP COMMONLY REFERRED TO AS A SER- VICE DRIVE LYING BETWEEN LOTS z Z 3 AND A PORTION OF LOT 4 BLOCK a ' DURSTON'3 SECOND ADDITION T0 THE CITY OF uOZeMAM AND THE WEST RIGHT-OF-WAY LINE OF NORTH SEVENTH AVENUE AND FURTHER EXTENDING FROM THE NORTH RIGHT-OF-WAY LINE OF WEST JUNIPER STREET NORTH FOR A DISTANCE OF zxo FEET T0 APPROXI- MATELY THE SOUTH RIGHT-OF-WAY LINE OF WEST HEMLOCK STREET EX- TENDED^ The City Manager reminded the Commission that they had conducted the public prepara- tion of an ordinance of vacation. He then recommended it be provisionally adopted at this It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission promu/nma]|y adopt Ordinance Nu. 1326 vacating and abandoning thu 30-foot- wide local access strip along the east side of the Uarigo|d situ' and that it be brought back in two weeks for final adoption. The motion carried by the following Ave and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Gnohrung Commissioner Frost and Mayor Hawks; those voting Nn none. w4-az-9,1 - n - Pumio hearing | of th uRC and DRB decisions to cond/ i plan to allow construction of a second residential condominium duplex on Lots 10, 11 and 12 (realigned), Block F, Black's Addition 6 Clair Daines - residents along SoutF — Tracy and South Black - 312 and 316 South Tracv This was the time and the place set for the public hearing on the appeal of the De- velopment Review Committee and the Design Review Board decisions to conditionally ap- prove the minor site plan to allow construction of a second residential condominium duplex on Lots 70 11 and lz (realigned) of Block F Black's Addition by [lair Da[neo requested by residents along South Tracy and South Black. The subject site is more commonly located at oz and o* South Tracy Avenue. Mayor Hawks opened the public hearing. Responding to Commissioner Swanson, City Attorney Becker indicated that anyone having properties which would be impacted or affected by the proposed development would have standing in this appeal. City Manager Wysocki submitted to the Commiission a petition containing 131 signa- tures of residents in the general South Tracy Avenue/South Black Avenue area, stating opposition to the proposed construction of a second residential condominium cluplex on the subject site. Commis- sioners' packets, including a /utter from Nell and Moona Stasney slo South Tracy Avenue; Reeves and Janet PetrnfT vz 6uotb Tracy Avenue; A.L. and Charlotte Koch, 417 South Black Avenue; Les Denning, 307 South Black Avenue; Richard and Beatrice Hors*i/l' 412 South Tracy Avenue; Ernest and Mwrleen Cox 222 South Black Avenue; J.L.S. Mitchell, 112 South Church Avenue; Patty Frazier 732 South Tracy Avenue; and wmu and Kristi Lavin 311 South Tracy 8vonue, Assistant Planner Debbie Arkell presented the staff report. She stated that the appellants include W. P. Kemp, Vzu South Tracy Avenue; Cheryl C. Kemp, 824 South Tracy Avenue; Les Denning 307 South Black Avenue; Matthew L. Lavin 311 South Tracy Avenue; and Kristi Lavin 317 South Tracy Avenue, She showed the Commission o series of photo, which had been submitted no part of the application, noting they provide a visu- al background for review of the application. The Planner s,tetoo that the Planning office received an application for a minor site plan to allow construction of a u,xmod residential duplex on the subject site' with that structure to be the same style as the existing duplex and located at the hack of the lot. She stated that following their respective reviews of the minor site plan, both the Develop- ment Review Committee and the Design Review Board recommended approval of the applica- tion subject to several conditions. She noted those decisions are now being appealed to the City Commission, which is the final body to which an appeal may be made under the o4-2Z-91 - m- interim z^u|n8 ordinance. Planner 4rkeJ( stated that staff received two letters regarding this application after the packets had been prepared for Commission consideration. She noted that E.B. Griffin, xzn South Tracy Avenue, has indicated his willingness to support this application, provid- ed the applicant improves the alley from the street to the proposed duplex. She stated that John and Betty &u,hn owners of 320 327 and 407 South Black Avenue have also in- dicated support for the upp|/cauv" provided the applicant paves the alley. Planner Arka|| reminded the Commission, that in /eoo the applicant received a con- ditiunaf use permit for a six-unit complex in the subject site with parking to be provided ov|*|y from the alley. She noted that during that review process, the Historic Preserva- tion Advisory Commission reviewed the application and forwarded its recommendations. She then reminded the Commission that the conditional use permit expired after eighteen months because the applicant took no action on it, The Planner stated that in September 1989, under the provisions of the old zone code, the applicant received n building permit for units 7 and 2 on the subject site; hov- evur be was notified that the minor planned unit development process would be necessary before the second duplex could he approved and constructed. She noted that the interim zoning ordinance dvwe not contain provisions for a minor planned unit development; there- fore, this project was reviewed under the minor site plan procedures. Planner Arka|( stated that concerns raised during the nRc review included alley access and parking' pedestrian traffic from the street to the rear unit' installation of the water and sewer lines dose to Ms. Fisher's house, fire access and the effect this proposed structure would have on the historic district and the neighborhood. She stated that following discussion of those concerns, the DKC voted to approve the application, subject to ton conditions. She stated that the Design Review Board following its review of the application, voted to approve the application with some of the parking spaces from the alley deleted and the requirement for a smwwa|k to be installed from South Tracy Ave- nue to the rear building an the lot. She stated that while the Board recognizes that the architectural style or the existing duplex in inappropriate, it would be better to repeat that style in the second building, which will he minimally visible from the street rather than adding vat another sty[* on the site. Planner Arke/| stated that Ms. Belle Fisher's home encroaches on this subject lot; and Mr. Daimes has placed the existing structure on the lot to maintain on appropriate d'io- tance between the two structures. The Planner stated that the appeals, filed on April s ' read as fo|Jows: "The project approved by the om"r/npmeot Review Committee does not meet City standards for safety, perking' access and access maintenance, and sew- er provisions." 8o'zZ-9l -1l- and "The project approved by the Design Review Board does not meet the stan- dards for appropriateness and compatibility of proposed construction. The character of the structure is inappropriate, and does not enhance or con- tribute to the aesthetic character of the existing neighborhood, in violation of the guidelines for the City or Bozeman Historic Preservation Overlay Diy- trict." Responding to Commissioner Swanson, the Planner stated that this application is for a second two-family structure which is to become ma:rt of a four-family complex on a single lot. Mayor Hawks noted that in 1986, the Commission approved construction of six new residential units on the site plus renovation of the existing historic brick structure. He then stated he sees no evidence in the record for this application that it was reviewed once again by the Historic Preservation Advisory Commission. Planner Arke|| responded that under the old zone code, a duplex was a permitted use with no reviews required. She stated that in J-6e-1.982, when the building permit for the one duplex was issued, the site plan showed o second duplex; and it was written on the b /)ding permit that the approval was for the first duplex only and that a minor s-Ue_ ' jr&*n- approval would he required before the building permit for the second duplex was {s- suxd. She then noted that while the Historic Preservation Advisory Commission could have reviewed this application, there are no provisions in the existing code which would have made their recommendations anything but advisory. Responding to Commissioner Guohrung Planner Arko|| stated that after conducting its public hearing, the Commission must vote to either uphold, overturn or modify the de- cisions of the Development Review Committee and the Design Review Board. She than re- minded the Commission that the only information it may consider in addressing the appeal is that which has been submittod in written form and the information which was forwarded at the DRC and DRB, meetings. She noted that no new facts may be entered into the de- liberations through this public hearing process. Planner Arkel| then clarified the fact that backing onto the street from a duplex is allowed, although the existing structure could not be expanded into a four-p!ax and retain that ability to back into the strevt. She then indicated that for purposes of this amplica- tion the addition of another duplex will not affect the parking requirements for the first duplex; however, the off-street parking requirements for four residential units will now be imposed on the overall project. Mr. Les Donning' 307 South Black Avenue gave a presentation on the first point contained in the petit/on previously submitted to the Commission' which pertains to access. He noted there is no primary access to the second duplex except through the a||ey, He then submitted several pictures to the Commission, stating he does out feel the alley will O4-zz-y/ -7z- provide an acceptable access. He noted that the alley is more than two blocks long; and it is only one lane wide. He also noted that the Street Superintendent has indicated his opposition 1n use or alleys as accesses to non-residential activities. He then submitted to the Commission memos from Director of Public Service Holmes, dated January /n 1986 and City Engineer Mann dated January 16 1986 both indicating that an alley does not pro- vide an acceptable primary access. Mr. Donning noted that under the approval in 1986 Mr, Da)oes was to rehabilitate the existing brick structure per the Department of roterior guidelines for historic struc- tures; howcver, that has not occurred to date. He noted that at the present time that house is an eyesore to everyone in the neighborhood. Mr. Denning stated that he went to the City's Sign Department and obtained a re- port on the accidents which have occurred from January 1 1e87 through June m ' 1990; and he found that 10 percent of the injuries in the city occurred from accidents at the corners of Babcock and Tracy, Babcock and Black, Olive and Black, Curtiss and Tracy, and Olive and Tracy. Mr. Les Denning then addressed the second point contained in the petition, which pertains to parking. He noted that with the pvd=^a| Building and various office buildings only two b|ocks north of the subject site, it is often difficult to find on-street narking spaces. Mr. Denning addressed the issue of safety, which is the third point in the petition, noting that it is dangerous for pedestrians and bicyclists to maneuver in that area. He expressed concern that adding more traffic will only magnify those problems. Mr. Matt Levin, a/| South Tracy Avenue, stated he lives across the street from the existing duplex. He noted that while the area is zoned R-J which does allow multi-family development, physical constraints of the area also enter into the picture. He noted that with the existing parking problems in that area, he feels that this proposed duplex will only aggravate the problem. Ms. Jean Kerns 315 South Black Avenue, stated her back yard is immediately ac- ross the alley from the subject site. She stated she does not want a residential unit facing her back yard. She also expressed concern that the existing alley is not adequate as a primary access. Mo. Kristi Lavin' 311 South Tracy Avenue, stated that as o registered nurse' she is concerned about health problems that could arise. She noted that the sewer line in Tracy is an old six-inch clay line which was installed in 1904; and residents along both Tracy and Black have had problems with the sewer backing up into their basements in re- cent years. She noted that such backups can create serious health risks; and she feels that should be taken into consideration as well as the inconvenience and smell that such oo-zz-nl - /3 - backups create. Mr. Matt Lavin, 317 South Tracy Avenue then addressed the issue of design, which 7s the fourth point contained in the petition. Be noted that this is primarily a sin- g|*-femi(y residential area which is also an historic district; and he uvea not feel that these two duplex units on the same site are in keeping with the nature of the area. He also noted that the design of the existing duplex is not in keeping with the area; and he does not feel it should be accentuated by adding another one like it Mr- Lavin them reviewed the Checklist for Certificates of Appropriateness, as com- pleted by Mr. Ben Tindnger' a local architect, in reviewing the application. He noted that the report is extremely critical of the proposed structure, suggesting it rwf|*oto a tract house mentality in an historic district. He then read several different statements from the report which support that assessment. Mr. Lavin stated that approval of this application will send mixed signals to the residents within that district; and he is con- cerned about that possibility, since it could cause those in the historic structures to not renovate them as they might otherwise. Mr. Ben T[nt|ngvr stated he did the historic review for the Historic Preservation Advisory Commission; and his report was based on the fact that the historic district be- came such after many ycars. He stated that the proposed duplex does not have any sig- nificant character, like many of the homes in that area; and it will not enhance the area now or in the future with its historic significance or architecture. He then noted that not only the building materials used but the layout of the existing structure, with its garages protruding to the street are items he took into consideration when reviewing this applica- tion. Mr. Tiutinger noted that the DRB has recommended approval of this appftativn in large pert due to the fact that it would be located at the back of a lot on which a similar building already exists. He then stated that if nothing else were built on the aiu, it is possible that the existing duplex could be remodeled to h"cwmc more congruent with the neighborhood. 8e noted, however, that if this second building is constructed, the first uvp|ax will probably never be remodeled to become more compatible. Ms. Holly Brown, attorney representing Ma. Belle Fisher stated her client owns the property at 308 South Tracy Avenue, which is adjacent to the subject site. She noted that her client was disturbed by the noises of construction when the first duplex was con- structed, since her house encroaches approximately six feet onto Mr. oaines' property. She stated that Mr. oaines has provided Mn. Fisher with a permanent easement for the house to remain in its present location for as long as it stands. She stated that Ms. Fisher has also oegntiated an agreement with Mr. oainos that he will construct a fence along the back half of the yard, which will decrease the amount of space available for o«-22-3r -l4- these duplex units on this site. Ms. Brown stated that fire safety is one of her client's concerns, since there will not be adequate room for fire trucks to maneuver between the existing and proposed structures. She stated that the Fire Marshal indicated at the DR0 meeting that the proposed site plan is acceptable because it is located within 150 feet of hydrant; howev- er, she questioned the appropriateness of requiring firefighters to carry equipment from the street to the fire. Ms. Brown noted that, given the minimal amount of distance between structures and the fact that the water and sewer lines will be installed just outside Ns. Fisher's bedroom window, she has requested that the trench for those lines be dug by hand. she then asked the Commission to ensure that that request is met if they decide to approve this re- quest. Ms. Brown suggested that the approval for development of this site which was giv- en in 1986 should have no bearing on this discussion, since the applicant moue a conscious decision not to pursue that proposal. She noted, however, that the same concerns exist today that existed at that time. She then encouraged the Commission to approve the ap- peal of the DRC and DRB decisions' thus denying the proposed construction of a second duplex on this site. Break - 4:35 to 4:37 p.m. Mayor Hawks declared a break from 4:35 p.m' to 4:37 p.m', in accordance with Commission policy established at their regular meeting of March 14 lons. Days Proclamation - "Odyssey of the Mind 4 and 25 7991 City Manager Wysocki indicated that several students are present, along with their coaches, concerning this item. Mr. Jack Hanson, coach, stated that Odyssey of the Mind is a competition in which children must solve different problems. He noted that as early as October, some of the groups began to address their problems; and they must solve those problems without any assistance from adults. He indicated that those students have now gone through district and state competitions, and they will now be attending the world finals in NashviUo' Tennessee, on May za 24 and 25. Some of the students made brief presentations regarding the problems which they have solved under this Odyssey of the Mind program to roach this point in their competi- tion Mr. Hanson then showed the Commission two of the balsa wood structures which the students have made, noting that they must withstand weight placed on the top' and than o4-za-y1 - ls - being hit with a cue balf from the side, He noted that the small structure held 300 pounds, while the larger structure held 600 pounds in competition. Mayor Hawks read the proclamation to the students, congratulating them on their /t was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission concur in the Mayor's proclamation of May 23 zv and zs 1991 as "Odyssey of the Mind Days" in Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Com- missioner Goehrung and Mayor Hawks; those voting No, none. Public heari minor site r from the alley and parking problems but about the aesthetic value of the project an well. She read a letter from Catherine Goetz, Historic Preservation Officer, dated March 19 in which she indicates that the existing duplex, while of acceptable qua!ity, are not compati- ble with the historic character of the district. She further indicates in the letter that construction of another duplex at the back of the lot would visually congest the area and overwhelm the s,ing|u family scale and nature. She then encouraged the Commission to not allow construction of this second dnp|*x' Mr. Tyrone Featherly, 221 South Tracy Avenue, stated he is concerned about the high accident rate in that area as well as the parking problems and the sewer problem. He then expressed concern that the developer does not five in that area, but *inhoa to construct as much as he can on the subject site. He then noted this is an historic area; and he does not feel that typo of construction is appropriate or should be allowed. Mr. Featherly stated that, as a construction person, he does historic renovation work; and he fees strongly that u«,umpmcnt which compromises the historic integrity of the area should be avoided. He then stated' that, while he is not opposed to the con- struction of duplex specifically, he does not feel this is an appropriate location. Ms. Mary Vant Hull, *16 East Story Street, expressed concern about the prpposa| to add more development along a sewer line which is inadequate at the present time. She feels that the ogC and the oRB did not pay adequate attention to Water/Sewer Superin- tendent Fred Shields' comments on the existing sewer |/mv when they approved this appli- cation, in view of the sanitation and health issues and potential future costs to the City. Mrs. Ethel Main, 308 South Black Avenue, asked the Commission to not allow con- struction of the requested duplex. She noted that her home was built in 1860; and it is �:)nucn iracy anw -,!) unn t5WCK .51Z wno �/^ �,vuTn /rvc Mrs. Janet P*trnff *zz South Black Avenue, stated concern about not only access -1V- -^ in a nice neighborhood that complements the home. She stated there is ton much traffic in the area; and a narrow alley access will only compound that problem. She also expressed concern that the Fire Department will be unable to adequately protect the homes in that immediate area because of the congestion that construction of second duplex would cause. Mrs. Bea HvrswiU 412 South Tracy Avenue, stated her home was built in 1907 and was formerly home for Gary Cooper. She expressed concern that the historic value and beauty of the area must be protected; and safety issues must be considered as well. She then expressed surprise and concern that the proposed duplex has reached this point in the process with a recommendation for approval, particularly in this historic district. She noted that Mr. Daimes was to have restored the beautiful old brick house on the site; however, that has not been accomplished to date' and it is currently an eyesore. Mrs. Horswi|f then submitted to the Commission several pictures of the alley and the subject site including the narrow alley and the poor condition of the brick house. She noted that the notice of public hearing for this application was posted in a U|ac bush where it was not readily visible to anyone traversing along the street or the sidewalk. She stated that the notice has since been repnsted so that it is more visible. Mr. Los Denning reiterated the fact that the minutes of pr/or meetings reflect hat staff is concerned about the alley access and the fact that the proposed duplex is not com- patible with the historic character of the neighborhood. He once again encouraged the Commission to not approve this application. Mr. Ernie Cv^ zZo South Black Avenue, stated he is a retired pm/ice officer for the City. He stated that in his 176 years as an officer, he investigated numerous acci- dents in this area, including o bicycle accident which involved his daughter. He also noted there have been many sewer problems in the area. He then stated that he feels the overall impact of this development would have a negative effect on the neighborhood and encouraged the Commission to uphold the appeal. Mrs. Looa Petri, 303 South Tracy Avenue, stated her concurrence with all of the neighborhood concerns which have been raised. She than encouraged the Commissioners to listen to those concerns and act accordingly. Ms, Linda T,wa|t 217 South Tracy Avenue stated the area is poc* again becoming a family neighborhood; and the subject site should not be improved as a commercial prop- erty. She noted that residents of the area should also be property owners who participate in the activities of the area. She noted there are many more accidents than the numbers reported; and the sewer problems will become worse with increased development. w^. Toxm|t noted that the existing duplex is on ugly building since it is a zssm's tract housing in the middle of an historic district, She stated that to add another similar building will only increase the ugliness and decrease the property values. She also expressed concern - 17 - that the developer has failed to hdhuw through on his commitment to restore the historic structure on the site. Mr. Men Lavin, 311 South Tracy Avenue, noted that the area is zoned R-3, which allows construction of up to four-p|mvas. He noted, however, that u»aru are several limit- ing factors, including traffic and sewer problems and the historic district dusignatiu^. He then cited specific sections of the new master plan and the interim zoning ordinance per- taining to historic preservation, reminding the Commission that one of the goals of those documents is to protect and enhance areas such as this. He then suggested it may be ap- propriate for the City to initiate a zone change from R-s to R-3-8 for the area, which would serve to protect its existing status. Mr. Frank Richter, 401 South Tracy Avenue, stated his biggest complaint is the proposed uui|u/ng^y lack of compatibility with the neishborhv"d, noting he expects more from a developer than this proposed structure. Mr. Steve Petri 303 South Tracy Avenue, stated the residents of the area feel that its historic significance must be maintained, and encouraged the Commission to give careful consideration to the petition which has been submitted. Ms. Jennifer Mitchell, 122 South Church Avenue, stated that she does not live in the immediate neighborhood; however, she is Vice-chairman of the Historic Preservation Board for Gallatin County. She stated the Board is concerned about any potential demoli- tion of historic structures in Gallatin County. She then indicated concern that the devel- oper received approval to develop the site under specific conditions; however, he chose to allow that approval to lapse and is now attempting to develop the site under a new ap- proval. She stated that she does not feet the conditions for the original approval should go away just because the developer did not exercise his right to develop the site under the original proposal, rather she feels he should be required to restore the existing his- toric brick home. Me. M|tz»e|| then encouraged the Commission to consider the fact that this proposed duplex goes totally against the reason for listing this neighborhood on the historic register when making its decision. Mr. Clair Dainos 46 West Kagy Boulevard, responded to the several points and is- sues that had been raised, submitting pictures of the immediate area as well as the exist- ing duplex on his site. He noted that when he purchased the sotioc, property in 1985. the old zone code allowed the development of up to eleven ||v[oy units on the site. He noted that is about the time that the historic preservation activities in Bozeman became prominent; and he did not realize that the brick house on the lot was on the historic reg- ister. Mr. Doinus stated that once he found that the existing house was on the historic register' he began to plan around it- He noted that the initial proposal, which was oo-zz-91 - |x - apmrovmd in 1986 was for one structure containing six living units/ and after that ap- prova|' he became concerned about the visual impact that such a large structure would have on the area. He also indicated he does not recall making any guarantees about ren- ovating the old' house during that review and approval. Mr. uainns stated that between the time the approval of the initial proposal expired and unw he has considered D,u other plans for development of this property, and then oot|nd on the one currently b*rnnn the Commission. He noted that he was surprised to learn that he would be required to go through this minor site plan review prior to issu- ance of the building permit for the second duplex, recognizing that was a misunderstand- ing on his part. Mr. Daines noted that u considerable amount of attention has been given to the fact that the sewer line might be inadequate. He noted however, that he applied for water and sewer services for both duplex buildings and' in fact the lines have been extended to the site. Mr. Daines stated that these duplexes are being constructed as condominium units; and, in development language, a condominium is a single-family attached living unit. He noted that this manner of development allows for more density in that nodal area which is in compliance with the City's new master plan. He noted that the subject site has been divided under the condominium laws, and he does not know how that might impact the lot if this development is not completed. Mr. oa|nes noted that two subject site is only two blocks from the downtown area; therefore, he feels this development will have less traffic impact than if it were built fur- ther from the downtown area. He also noted that addit|vnal dev=|"pn^o' is needed in this type of area, particularly for elderly individuals who wish to he close to the services of the downtown. He noted that while developing the site to its full potential could definite- ly create a traffic impact, he does not +*e| that adding two more living units to the site will have a dramatic impact. Mr. Clair Daines noted that reference has been made to the garages which face the street at this time and the off-street parking spaces provided in front of them. He re- minded the Commission that when the majority of the houses were constructed in that area' there were no off-street parking requirements, which there are at this time. He them not- ed that the immediate area is full or mu!ti-family dwellings, including a duplex immediately across the street. He also noted there is no consistent architectural pattern in that area which needs to be followed, since the existing structures were built over quite an extend- ed span of time. Mr. mninpy stated that the alley, through which ncr*vs would be provided for the second duplex, in quite wide fpr approximately 250 feet back from South Tracy Avenue. o4-2z-9l - 19 - He also noted there is an alley across the back of the lot; therefore, access can be gained from throe sides. Mr. Dain*s noted that Ms. Fisher has raised concern about the disturbance that construction of a second unit will create. He noted that Ms. Fisher's home encroaches six feet unto his |^t; however, he has granted a permanent easement for the house to remain until such time as it is removed. He stated that he has basically provided the legal set- back between her house and his duplexes; and he has committed to building a fence be- tween his development and her home as well as a men for her dog to mitigate any impacts to her property. Mr. Clair Dainos expressed his disappointment with the report submitted by Mr. llotingcr particularly since he has utilized architectural features, such as projected win- dow casings, muttons in the windows and additional gables, to vn*cn the appearance or the duplex and allow it to blend into the neighborhood as well as possible. He concurred that having garages on the front does have its negatives; however, it does provide a place to store cars and garbage cans. Mr. Daineo noted that while o $200 Victorian style bvmo would probably be preferred by the neighbors, it is not practical. He stated that his condominium units mar- ket for approximately *70'000, which is slightly higher then the average for homes in that area. Mr. Dain*n reminded the Commission that his proposed project is for a density of considerably bass than the eleven units which could be constructed; and his plan meets all code requirements, without a single exception. Mayor Hawks noted the Commission has received a considerable amount of informa- tion during this hearing, noting that some of it might he now information. He then sug- gested that the Commission take the customary week to review this information in prepara- tion for a decision. The City Manager requested that the Commissioners forward any comments or qucudvny to staff by noon on Wednesday an they have adequate time in which to prepare rcspons*s. Commissioner Swanson noted that more restoration projects are beginning to take place in the historic districts within the community/ and he feels it is extremely important to assure the roo/uoots that the characteristics of those areas will be protected. He noted that it is important to protect the quality of life in Bozeman; and he feels the historic ar- eas represent a part of that quality. Commissioner Swanson then cited a portion of Section 18.52.040.C. of the interim zoning ordinance' which stipulates that if the Commission determines that '`... the proposed Site Plan will not be detrimental to the health safety or welfare of the o4-zz-ol - zu - community; is in compliance with the requirements of this Ordinance: and is in harmony with the purposes and intent of this Zoning Ordinance and the Bozeman Area Master Plan, approval shall be granted and such conditions and safeguards may be imposed as deemed necessary." He further noted the ordinance provides that "Site Plan approval may be denied upon determination that the conditions required for approval do not exist." Commissioner Swanson then encouraged the Commission to review this anp|ira�t/vn in light of the twenty criteria sat forth on Pages 770 and 771 of the interim zoning ordinance paying particular attention to "1. relationship of the plan elements to conditions both on and off the property; S. the impact of the plan on the existing and anticipated traffic and parking conditions; 8. building location and height; and 19, over/ay district provision." Commissioner Swanson reminded the Commissioners of Mr. Randall Areodt's recent visit and hiis continual rcfcro^oms to the importance of back yards and his advice to mini- mize impacts to back yards in neighborhoods. Mayor Hawks closed the public hearing. A decision will be forthcoming in one week. Deviation from tba k requirements within Conservation Overlay District Clair D i allow construction of two four-unit dwelling structures an Lots 1, 2, 3 and 4, Block 1, Sprin Dell_Addition (102-118 East College Street); per DRC and DRB City Manager Wysocki reminded the Commission that Commissioner Knapp had' re- quested this /mm be removed from the Consent Items. Commissioner Knapp stated she had requested this item be removed from the Con- sent Items because the 72 conditions for approval, to which the staff report refers, were not included in the packet. She then requested that action on this item be delayed until after the Commission has an opportunity to review those conditions. City Attorney Becker stated that Planning Director Epp/c has just advised him that the letter from Patty Frazier, dated April 79 1991 could be construed as an intent to file an appeal; and the deadline for perfecting an appeal is s:on p.m. no Tuesday. Planning Director Epp|e stated that Ms. Frazier was in his office on Friday morn- ing, indicating her desire to sign the petition for appeal of Mr. Dmioes' project; and he is unsure to which petition she was referring. He then expressed concern about having the Commission take action on this application before the deadline for perfecting an appeal has passcd, in case her letter is to serve as a notice of intcnt, since that letter was received before the noon Friday deadline for filing of an intent, City Manager Wysocki recommended that the Commission defer action on this item for a period of one week, based on Commissioner Knapp'o concern and request. He then ex- pressed concern about the idea of deferring action based on possible interpretation of a letter as a notice of intent to appeal. 0v-zz-91 - zl - Responding to Mayor Hawks the City Manager indicated he does not interpret Ma. Frazk`r`o letter as an intent to appea/. Following a brief discussion, Mayor Hawks requested this item be placed on next week's agenda for consideration. Deviations to requirements for i of efficiency apartments and off-street parking requi ments Street; per DRC and DRB recommendations City Manager Wysocki reminded the Commission that Commissioner Swanson had re- quested that this item be removed from the Consent Items. Commissioner Swanson requested a summary of the requested dov/abum to the off- street parking requirements, and the Assistant City Engineer's response thereto. Assistant Planner Debbie Arkdl stated that Assistant City Engineer Brawner has requested that the applicant be required to provide the amount of off-street parking re- quired by the code. She noted that under the code requirements, sixteen parking spaces are required for the existing office, retail and storage areas; and an additional eleven parking spaces would be required for the five efficiency units proposed for the second floor, at the rate of 2.2 spaces per unit, for a total of twenty-seven off-street parking spaces. The p|aomer stated that under this application, the developer proposes to provide seven off-street parking spaces plus the four spaces for this site which exist under SID No. sas which is the downtown parking district. She noted that the appncant also pro- posed to lease five spaces in the City parking !"t; however the Parking Commission will tease spaces to individuals only, not to businesses. She further noted that under this ap- plication, several of the existing curb cuts will be closed; and that wilt increase the on- street parking adjacent to this site by six spaces- She stated the applicant proposes to count those spaces in meeting the requirements; however, that is technically not appro- priate under the zoning ordioance. The Planner stated therefore, that the parking de- viation under consideration is for sixteen on-site parking spaces, since only eleven of the twenty-seven required are to be provided. Planner 4rke|^ stated that some options are available to the applicant, so he can meet the parking space requirements, including purchase of off-street parking spares in the downtown parking s|D at a cost of $7 each or leasing spaces from a private parking /*t within 1,000 feet of the subject site' She noted that providing additional landscaping in lieu of parking spaces is not an option for this site' due to its space restrictions. Planner 8rke|| stated that during its review of the application, the Design Review Board noted the mend for efficiency apartments in this area, and determined that there is -z2- adequate parking in the immediate area, especially with the downtown parking lots. sug- gesting it may not be. Mayor Hawks stated he does not feel that efficiency apartments are treated fairly in the code, particularly since 2.2 parking spaces are required per unit. He noted that, be- appro- priate to consider the requested dmviatkm, Commissioner Swanson stated he has no particular problem with approving the first deviation, wh!ich is to the minimum size of an efficiency apartment; however, he feels the Commission should take the Assistant City Engineer's advice on the parking issue. Commissioner Frost stated he feels the requirement of 2.2 parking spaces for an ef- ficiency apartment is too high, suggesting that 1.0 space per efficiency apartment would be more realistic. Planner Arkell noted that if 1.0 parking space was required for each efficiency apartment unit a total of twenty-one parking spaces would be required for this project; and that would still require a deviation for ten parking spaces. Commissioner Swanson stated there is no guarantee that there won't be two cars per apartment unit. He also stated he feels it is important to strictly adhere to the parking requirements of the code, to ensure that adequate off-street parking is provided and that the project does not impact the existing area. Mayor Hawks suggested that those renting the efficiency apartments might be low- income persons who do not have vehicles; therefore, the parking requirements may not be Commissioner Goehrung noted that the Boulevard Apartments are rented to low- income parking for their complex. atten- tion that living "nits are needed in the downtown area; and it might be possible for him to get $5 in cooG monies for development of each apartment. He then noted that a re- view of what he had conceptually planned for the two buildings which he had purchased revealed that five efficiency apartments could be provided on the existing second floor of one or the buildings without damaging his intent for development of the "Courtyard Com- plex. " Mr. Delaney stated that to provide the required off-street parking spaces, through whatever option might be available would, however, make this project so costly it would be economically unfeasible. Mr. Delaney stated it is his intent to beautify the existing properties and create a 04-22-91 _23- complex off Mao Street which will attract people. He noted there is a City parking lot immediately across the street, and he has found that parking spaces are available for rent in the First Security parking lot on the same side of the street. He then noted it is im- portant to maintain a business oUma»a in which business can thrive/ and in many down/own areas Cities are decreasing the parking requirements rather than increasing them to as- sist in that success. Mr. Delaney then assured the Commission that if they do not approve these re- quested deviations for the construction of five efficiency apartments he will rev/se his plan and be back for further consideration. Responding to the City Manager, Mr. Delaney stated he feels one parking space per efficiency apartment would be adequate. Ms. Linda Be/| architect representing the applicant, noted that the size of the ef- ficiency apartments will limit the number of occupants per unit- she then noted that the City's zone code requirements are different from the Uniform Building Code's requirements concerning the minimum size of on efficiency apartment; and these apartments are larger than the DBC minimum. Responding to Commissioner Gnehrun8 Mr. Delaney indicated there are presently eight parking stalls behind the easternmost building. He noted, however, that it is pos- sible that area will need to be used for deliveries, depending on the types of businesses that are involved. Mayor Hawks noted that over the years the Commission has talked about encourag- ing residential infiN in the downtown area; but the znoo code was two cumbersome. He noted that the new interim zoning ordinance provides the flexibility to o||nw this type of development; and he feels this request can be appropriately addressed and approved. Commissioner Swanson stated that he recognizes the arguments for flexibility in the downtown area; however, he also noted there is an issue of fairness involved. He then requested that the Assistant City Engineer provide the rationale for making his recommen- dation, so that it can be taken into consideration during deliberations. Mayor Hawks requested this hem he placed on next week's agenda for further dis- cussion. Third quarter budget review; au City Manager Wysocki submitted to the Commission a memo from Administrative Ser- vices Director Gamradt' dated April 15 1991 setting forth the results of the third quarter budget, along with a series of b,udget amendments n*uueu as a result of that review. It was moved by Commissioner Knapp, seconded by Commissioner Goohrvny that ox-zz-er -z4- the Commission acknowledge receipt of the third quarter budget review and authorize and direct the Mayor to sign the accompanying budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Goehrung Commissioner Frost Commissioner Swanson and Mayor Hawks; those voting mw none. Discussion review of Commission decision of April 11 1983 to distribute the interest in- come the Christmas decorations The City Manager submitted to the Commission a memo from Administrative Services Director Gamradt, dated April 17, 1991, along with an excerpt from the minutes of the meeting of April 17 / gnu' Com- mission that the City sold the street lights a6ong Main Street, which were installed under 5|D Nos. 361 and 362 to Montana Power Company for $s At the April 11 1988 meet- ing, the City Commission directed staff to invest that $5 and distribute the interest monies from that investment to the Downtown Bozeman Association to help defray the en- ergy costs of the Christmas decorations, with that program to be reviewed after three years. He then noted that over the past three yeors, this investment has garnered an average annual interest income or $477. He stated that represents approximately one-third to one-half of the total energy costs incurred each year, Administrative Services Director Miral Gamradt suggested that the Commission close the special account which had been established for this purpose, and instead commit $500 from the General Fund to pay a portion of the energy costs for the Christmas decorations on an annual basis. Mayor Hawks noted that under the present system, the monies are specifically set aside for this purpose. He then expressed concern that this Commission cannot obligate a future Commission; and closing this special fund into the General Fund could cause it to become lost. Commissioner Frost asked if some method could be utilized to earmark these funds so their purpose does not become lost in the next five to ten years. Administrative Services Director Gamradt reminded the Commission that there is nothing which ties the $5,000 from sale of the downtown street lights to the energy costs for the Christmas decorations. The City Manager suggested that payment of $500 in interest income to the DBA for Christmas decorations could be included in the budget highlights so it is addressed each Commissioner Goehrunq suggested that the $5,000 could also be identified. He 04-2z-sl -2s- noted that the DBA is now looking at the possibility of replacing the downtown street lights with more aesthetically pleasing light fixtures, and suggested that the $s could possibly be the City's contribution to that project. It was moved by Commissioner Ooahruug seconded by Commissioner Frost that the Commission approve the closing of the smccial account into the General Food and earmark $soo from interest income to help defray the energy costs of the downtown Christmas dec- orations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner �GvehrvnS Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting Nn none. Appointment to Design Review Board City Manager Wysocki submitted to the Commission a memo from Cbark of the Com- mission Sullivan listing the one application on file in her office for this vacancy. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission appoint Cliff Chisholm to replace Linda Bell as a professional architect on the Design Review Board, with m term to expire on June Jn 1992- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson' Commissioner Knapp' Commissioner Goehruvg and Mayor Hawks; those voting No, none. Discussion - FY! Items items. The City Manager presented to the Commission the following "For Your Information" (l) Agenda for the Gallatin County Commission meeting to be held at 7:00 p.m. tonight. (z) Agenda for the Highway Commission meeting scheduled for May z in Helena. (a) Spread sheets reflecting anticipated projects and needed rata increases this upcoming fiscal year for the water and sewer funds. The City Manager indicated this item will be placed on next week's agenda for dis- cussion and possible adoption of resolutions stating the City's intent to increase the rates for water and sewer services. (4) Copy of the notice which has been sent to all property owners who will be required to install sidewalks as, a part of the 1991 sidewalk program. (s) Copy of the advertisement placed in the supplemental flyer in Sunday', newspaper regarding recycling. [o] Copy of the "request for qualifications" for a public relations and educational activities for n volume-based garbage collection rate structure and recycling possibilities. oo-uz-e1 - zs - (r) Letter of resignation submitted by Paul Fl. Qcym' dated April /a from both the Historic Preservation Advisory Commission and the Design Review Gvnrd effective June l 1n91. (8) Notice of the Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7:30 a.m. on Monday, April zz. (9) The "Report of the Blue Ribbon Panel on Libraries at Risk to the Montana State Library Commission dated December 12 1990 to which Karon Vinton referred earli- er in today's agenda. (10) The City Manager submitted his weekly report, as follows. (I) Clean Up Bozeman was a: success on 5aturday. He then thanked the Commissioners and all of the volunteers who participated in creating this success. (z) The process of reviewing budget requests with the department heads has begun; and he hopes to have that initial review completed by May 10. (») The Parking Commission is currently reviewing the provisions of Commission Resolution Mn. 2456; and it appears they will be forwarding recommendations for revisions to that resolution in the near future. He also noted that other topics dis- cussed at their recent meeting included cleaning up the parking lots, trimming and possi- ble striping of those lots, and investigating the possibility of acquiring property for an- other parking lot south of Maim Street. He stated that after review of the number of spaces which have actually been reserved, the Parking Commission decided to remove some of the "reserved space" signs; and they will be re-installed an the spaces become re- served. (v) Attended the DBA meeting on Tuesday evening, at which the downtown light- ing was discussed. He then noted an intent to acquire a tape of the lighting changes which were made in Grand Junction in the mid-60's. (S) Along with Darla Joyner, made a presentation to the DBA regarding local option taxes. He noted the presentation occurred a day after the bill failed in the House; however, he stated that meeting did provide valu- able information to those in attendance. (6) The Fire Department and the Library had booths at BACC || this past weekend. (7) staff is working on various possibilities for renovation of the steps to the Carnegie Building, particularly since some movie people shooting locally want to use those steps in their filming this summer. He noted that some funding may be available from that source to assist in this work. (V) Was invited to at- tend a luncheon today for about twenty visiting Russians at the Fire Department. He not- ed that after the luncheon, the Russians received demonstrations of the fire equipment and viewed the police cars, (9) Review of the applications received for the Police Commission and interviewing of those candidates is in process; and he should have a recommendation prepared for Commission consideration within the next week or two. (lo) Has received inquiries about unauthorized dumping in cans and dumpsparn. He noted that people must be caught in the act and while the police are now watching for that problem, they must o4-z2-91 -z7- also receive assistance from others who see such activities happening. (11) Reviewed the items which are currently scheduled for next week's meeting, which is a fifth Mvmday, as follows: decisions on the two Clair Dainas requests, decision an Delaney and Company's application, goals, five-year sidewalk program tree inventory study residenUal parking districts along with a report on MSU'e plan for providing additional on-campus parking, water and sewer rates a presentation from the Board of Realtors, and an agreement with the Softball Association for use of the recreation comp/ox this summer. (11) Responding to Commissioner Frost the City Manager stated that Peet'a Hill has been ropoatcd notifying individuals that motorized vehicles are prohibited; and police are now patrolling that area more extensively. [72] Responding to Mayor Hawks, the City Manager indicated that the joint meet- ing with the County Commission originally sobouu|rd for today will be rescheduled at a lat- er date. (13) Commissioner Swanson asked about placing the discussion regarding the cbaf- |engm grant from Sweet Pea on the agenda; Mayor Hawks requested it be placed on next week's agenda. (14) Commissioner Swanson submitted the following. (l) Stated his intention to invite Ted Mathis to address the Commission regarding the airport on may zo; the Commis- sion concurred. (Z) Noted that in the brochure passed out on Tuesday evening' signs are referred to as "environmental graphics," (3) Noted that an article in last week's newspa- per indicated that McDona|d's plans to cut its garbage production by 00 percent, noting the City could possibly take some tips from that company. (4) Participated in "b/k= to work" day on Friday. (15) Commissioner Knapp submitted the following. (Y) Enjoyed participating in Clean Up Bozeman Day' noting that to have a similar day in the fe|| could make the spring clean up easier. (2) Worked in the Library's centennial booth at D6CC |/ this weekend. (s) Attended Leadership Bozeman on Thursday where the topics included transportation and tourism' (4) Attended the Senior Center Advisory Board meeting, at which they made a few revisions to the management agreement for the facility. (5) Attended the meeting at the Senior Center at which the Eagles donated $1 toward the Meals on Wheels Program. (6) Attended the Planning Board meeting on Tuesday night, at which the southeast sector transportation plan was discussed. (r) Attended the Friends of the Library meeting. (0) Will be in Missoula the remainder of this week to attend the annual conference of the Montana Library Association. (/o) Commissioner Goehrung submitted the following. (l) Attended the DDA meeting on Tuesday night, (z) Will be meeting with the ad hoc recycling committee this evening. (s) Will be a panelist at a community-wide forum on recycling to be held at the Museum of the Rockies tomorrow night. 04-zz-y1 -zo- (17) Commissioner Frost submitted the following. (|) Attended the Planning Board meeting on Tuesday evening. He noted that the County's transportation plan for the southeast quadrant or the community, which was developed by a local engineering firm, proposes that South sU|som Avenue and South 11U` Avenue should be widened to a four-lane format with no parking and un mile-per-hour speed limits. (2) Met with Ralph Johnson and Andy Eppfc regarding various sections of the zone code, noting that the re- visions create improvements to the code. He noted they will meet again an Wednesday to address additional sections of the code. (18) Mayor Hawks submitted the following. (|) The Board of Health personnel committee met on Tuesday morning. He noted that revisions in the job description are necessary before the hiring process can begin. (z) Attended the Planning Board meeting on Tuesday evening, noting that under the transportation plan submi/ted governing en- tities can gain access to a model without incurring additional costs. (s) Met with Mike Rui;hman Montana Power Company' regarding their proposed rat= Increase. (4) Partic- ipated in "bike to work may" on Friday, (s) Gave a "motivational speech" at n:on a.m�. in Bogert Park for "Clean U» Bozeman Day." (s) Noted' that Commissioner Swanson partic- ipated in groundbreaking ceremonies for the new school on Arnold Street this past week. (7) Noted that Arbor Day is Friday, April 26/ and the Commission had discussed the pos- sibility of some type of activity in recognition of that day. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize cance|| ti of stale-dated warrants per attached list Authorize staff to proceed with negotiations with Hinshaw/Hough-Beck for preparation of the entryway corriclor design objective plans Authorize City Manager to sign - Contract for Protessional �>ervices - HKM Associates - realignment ot sanitary sewer line in con1u__n:c_fl_o_n_::w North 7th Avenue railroad overpass realignment It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commission- er Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Ad 6:41 There being no further uwsinoou to come before the Commission at this dmc, it was moved by Commissioner Knapp' seconded by Commissioner Ooehrung' that the meeting be adjourned. The motion carried by the following Ay, and No vote: those voting Aye being Commissioner Kommp' Commissioner Goahrung' Commissioner Frost, Commissioner S=amson and Mayor Hawks; those voting No, none. 04-2z-91