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HomeMy WebLinkAbout1991-06-03 MinutesMINUTES OF THE MEETING OFTHE CITY cowM|S30N BOZEMAN,M0NTANA ]mnm 3, lggl The Commission of the City of Bozeman met in regular session in the Commission Room Municipal Building, June 3 1991 at 3:30 p.m' Present were Mayor Hawks, Com- missioner Gnehrung 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 wished any of the Consent Items to be removed for discussion. commissioner Knapp requested that the deviations for the Country Flower Shop be removed for discussion. Commissioner Swanson stated his desire to make revisions to tho proposed letter to the legislators; however, the Commission de- cided to m//mw that item to remain on the Consent Items, recognizing that revisions will be forthcoming prior to signing of the letter. Minutes Mayor Hawks deferred action on the minutes of the regular meetings of May za and May aV 7991 for x period of one week, Preliminary Plat review - Amended pla Reall Street vacated under Ordinance No. 624 - DeForest Rall (block:�o�und. North Black and East Beall Street) This was the time and place set for review of the preliminary plat for the amended plat of Block L Original To*nsite and a portion of East uca|/ Street as vacated by Ordi- nance 0p. 624 as submitted by DeForest RaV. The subject site is the block bounded by North Black Avenue East Lamme Street, North Bozeman Avenue and East Baal[ Street. Assistant Planner Debbie Arke|| presented the staff repvrt. She stated that under this application, the lot fines within the subject block would be realigned, with ton lots being created from the existing nine lots. She noted that this will eliminate the conflicts between existing lot /mos and structures, except for one garage which must either be removed or relocated, or the lot lines must be realigned. The Planner stated that since this application involves more than five lots, it must be considered as a major subdivision, therefore, it is required to go through this formal Planner ArkoU stated that the master plan designates this block as a commercial use; and it is zoned B-3 Central Business, District; however, at the present time the en- tire block is in residential development. She also noted that the subject block is wholly O6-o3-y/ - z - surrwnndmd by B-s zoning, which allows the installation of structures right to the proper- ty lines. The Planner stated that the sire of these lots will range from 3 square feet to * square feat. She stated that when redevelopment of these lots occurs, off-street parking requirements must be met; and each individual lot wiU probably be too small, but two or more lots could be combined. Planner Arkc|| stated that the Planning Board has waived the requirement for the rnvinonmcnta[ impact statement and the community impact statement since the entire block is already developed and since only one additional lot is being created. The Planner then stated that two concerns have been raised during review of this application. The same sewer line services Lots 1 2 and s ' and ties into the main sewer line on North Black Avenue. She noted that was an acceptable situation at the time the site was improved; however, under today's standards individual service Unen must be provided to each lot. She then stated that a 15-foot sanitary sewer easement between Lots 7 and o wU| be needed for those newer service lines, to tie into the main in East Lamme Street, since there in no sewer main line in East BrmD Street. The Planner then stated that n similar easement wiH be required on Lot lo since the sewer service line for Lot 5 traverses that |o^. Planner 4rke|| stated that the a*cpnu concern raised applies to the garage which will sit on the new lot line between Lot Nos. a and o, She stated the applicant has proposed to relocate that structure to Lot o under this application. Planner Arke/| stated that the Planning Board conducted its public hearing on this application at its May 21 meeting, during which time the eight public interest criteria were carefully reviewed. She stated that following the public hearing' the Planning Board unanimously voted to recommend approval of the application, subject to nine conditions as contained in Resolution No. P-9703. Commissioner Knapp questioned the need for this change in property lines, particu- larly since it was not uncommon for people to have two or throe lots in the older soctinn O f town, where the lots are typically narrow. Planner Arkm/| responded the purpose is to divide the block into lots where the lot lines do not traverse through existing structures. She noted that this amended plat will allow the applicant to sell one, twu' three or four lots without having to ao(| the entire block as a single unit. She stated that at the present time there is no Single lot that can he sold separately. Responding to Commissioner Guohrong the Planner indicated that the Commission may approve a preliminary plat for up to three years with the possibility of a one-year extension. She stated that since no major improvements are required, the Planning Board O6-0-g\ - s - r*cpmmendud that only one year be allowed, recognizing that the applicant can request a one-year extension if needed, Further responding to Commissioner Coehrung the Pla!nner indicated that the issue of an improvements agreement was not discussed at the Planning Board meeting. She then noted that the applicant must complete all of the improvements or provide an improvements agreement before the final plat is signed. She them recommended that in this instance the applicant be required to complete those imprvvemune*, rather than providing the option for an improvements agreement. Planner Ark*l| then stated that the lots can be sold as they are now and used for residential purposes, She stated, however, that changing the use to a business use will require going through the site plan review process. It was moved by Commissioner Gwehruog seconded by Commissioner Frost that the Commission approve the Preliminary Plat of the Amended Plat of Stock L Original Tnwns/t* of the City of Bozeman, and that portion of East Beall street vacated under Ordinance No. 624 subject to the fnNmmin8 conditions an recommended by the City-County Planning /. That the Finay Plat shaft contain a Certificate of Consent, including an accurate perimeter survey of the exterior boundaries of the tract which shall read as follows: We the undersigned property ' -' d h that we caused to be surveyed, subdivi ----- and cert i` lots, blocks, streets and alleys, as shown on the amend ~ plat hereunto included, the following described ~~ � ~' ^� /and to wit: - The above-described tract of land is to be known and des- ignated as The Amended Plat of Block L Original Tm°nsito of the City of Bozeman, and a portion of Beall Street as vacated by Ordinance No. 624 (or similar description). z. That the Final Plat shall contain a Certificate of the Director of Public Service, including an accurate perimeter Survey of the exterior boundaries of the tract which shall read as follow 1' Phillip J. Forbes, Director or Public Service, City of Bozeman, Montana, do hereby certify that the accompanying amended plat has been du(y examined and have found same to conform to law, ' y approve i� and hereby - -- dedication to public us of any and all lands s h o wn accep� ��e plat as being dedicated to such use. s. That the Certificate of Mortga shall be removed from the Plat un- less a second party holds a lien on the property. 4. That the Final Plat shall contain a Corner Pin Legend. S. That the existing sewer lines to Lots z and a shall be abandoned and new service lines serving those lots shall be installed to the satisfmo ,inn of the Water/Sewer Superintendent prior to Final plat approval. - o. That the two 15-foot wide sanitary sewer easements shall be labeled as "private sanitary sewer easements" on the Final Plat. 7. That the existing garage which sets on the property line between - 4 - Lots 8 and g be relocated, removed or the lot Uoe relocated to en- sure that the structure is not on o property line, pr/or to Final pb, approval. 8. That a statement regarding the establishment and terms of the private sanitary sewer easements (i.e. placement of structures, uses, respon- sibilities, etc-) he shown on the face of the Final Plat, y. That a private 15-fovt sanitary sewer easement he shown between the south property |/nw of Lot S and the north property line of Lot 70 as it appears that the sewer service for the existing structure on Lot s encroaches vnin Lot 10. The motion carried by the following Aye and No vote: those voting Aye being Commission- er GoehrunQ Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none, Deviations to allow addition to encroach five feet into Main Street setback and eight feet 7into side yard setback and installation of ' - - ' 6, 7 and 8, Block F, Story's Addition - Susan McUee (Country Flower Shop, 720 W�_stMain City Manager Wysocki reminded the Commission that Commissioner Knapp had re- quested this item be removed from the Consent /toms, Commissioner Knapp questioned the justification for allowing encroachment into the side yard setback requirement and the 20-foot-high pole and sign, particularly in an en- tryway to the community. Planner Kevin Wall reviewed the three requested deviations, which are as follows: I . From Section 78.30.05o Yards which would allow a 5-foot encroach- merit (2S feet required) into the required front yard along Main Street; 2. From Section 18.30.050 Yards which would allow an 8-foot encroach- ment (n feet required) into the required side yard along the east side of the site, creating a zero lot (ine condition; and o. From Section 78.65.120 3/gnage Design Requirements, which would allow a sign which is to be mounted on a "period-style" light post be 12,5 feet high (o foot maximum under the Sign Code). The Planner stated that the interim zoning ordinance outlines the criteria for re- viewing deviations in an historic district/ and he suggested that this application meets those criteria. He noted that the DRB has reviewed the staff report and concurred in the recommendation for approval, subject to four conditions. He noted that the light post is to be lowered from the original request, with the sign to be lowered proportionately; and the 12.5-foot-high sign reflects those adjustments. Planner Wall then stated that in a commercial zone a zero lot //no is allowable. He stated that after reviewing the site and the application, he feels that this option will not create an edm,ran impact on the properties involved. He noted that it will remove some of the available parking; however, there is adequate parking on the remainder of the site. Commissioner Knapp asked if the requested deviations comply with the entryway overlay district requirements. She also expressed concern about 0r= safety issues, no-0a-9l .1 ­­ -+ off has not re- view 5 this and Planner Wall stated he feels that the i ssue Of fire dressed during the Building saf ety call be adequately chat Official's review of the plans. He then stated that he neap the sign Post and the relationship Of that p ost to the hei O f the Priate in this overlay district. si gn are ap Per Responding to Mayor Hawks, Planner Wall stated that a proposed g ordinance. is a reader board sign; which Portion Of the is allowable under the interim zonin be lt was moved b y Commissioner Frost, seconded by Commissioner Swanson, cot Commission approve the deviations from 18.30.050 that , Yards, which would all a E croachment into the required front yard and an 8 -f oot e ncroachment into the required ired si east ni yard at the side Of the site; and from 78-65.120, Sig g nae a 12.5-foot-hi Design Re quirements, whip Would allow gh sign which is to be mounted on a "period-stylou light p PI per Design Review Board recommendations, subject to the following conditions: 1. The proposed 24- fOOt high n mounted light post in which the sign i t be be lowered to 20 feet high (sign height stated above reflect this adjustment as requested by the DRB); 2. The keystone detail proposed for the new windows eliminated , on the upper floor 3. Wind be installed ows which match those proposed for the west elevation Of south Of the proposed ddition; the ad- dition on the sec f garage door on the aond and loor over the 4. The alley access be eliminated parking spaces prop for the southwest corner and the two o f MatelY 16 feet) and be ac the site be shifted to the east (approx area. The cessed only from these the interior of the Parkini- g void created between shall be a landscaped island two spaces and the sidewalk used for snow storage, ( g r ass cover only being acceptable) to be The motion carried by the f ollowing Aye and No vote: ,r Frost, Commissioner Swanson, Commissioner oner Kna those voting Aye being C ommission _ pp, Hawks, those voting No, none. Commissioner Coehrung and Mayor Staff report r, final zone code Planning Director And EPPle d istributed t th Draft 5/37/91 Commi ssion the revised Fina ---- Code �__, for review and comments, H the document e stated this i ----- � sub ject Of the workshops and Public hearings which have which will be the The Planning Director stated that the highli be he has not Yet ha d tim en scheduled. ghted anges in the document; however, he will have that to prepare a listing of ch to the Public information workshop scheduled for Thu l isting prepared prior Thursday evening. Planning Director EPPle then noted that a copy of the which was Published in Sunday's edition Of the timeline n ewspaper has been der "FYI tterns.it He stated that the Planni included in the Commissioners, Packets un- Of the Commission's revisions; ng Board revised the schedule and it after the l atest to discu on the entire now includes three Public Workshops which are 'Per, document. He further noted that the public hearing before the -8- Responding to Commissioner Knapp' the City Attorney stated that in an ordinance, the amount of the fine must be specificall listed. He then stated that tho maximum sun- teooe for a misdemeanor has not changed for many year=; and he does not amtm»om= a cha:nge in the near future. It was moved by Commissioner Knapp' seconded by Commissioner Cvehrung that the Commission provisionally adopt Ordinance No. 827 making it a misdemeanor criminal offense to misuse the o-z-1 emergency telephone service and establishing a penalty there- f"r, 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 Knapp' Commissioner Goehruog Commissioner Frost Commissioner Swanson and Mayor Hawks/ those voting No none. Discussion City contribution for Fiscal Year 1991-92 The City Manager submitted to Uhr Commission a mam", dated may 31 1991 con- cerning the operation of the East Gallatin Recreation Area for the upcoming summer sea- son. He then noted that in actuality, operations at the recreation area began over the Memorial Day weekend. Responding to Commissioner Knapp the City Manager stated that the East Gallatin Recreation Area is located outside, but odjacemt to, the city limits. Responding to Commissioner Knapp' Joanne Jennings, member of the East Gallatin Recreation Area task force, stated there has been no user study conducted to determine the residency of those users. The City Manager indicated that the site is to be manned more hours this year than it has been in the past; and that inquiry could be made as people enter the facility. Commissioner Knapp then asked if any monetary value has been placed on the work that the State of Montana Department of Fish, Wildlife and Parks has done at the recrea- tion area or the maintenance which Gallatin County has indicated it will provide. The City Manager stated that no dollar value has been established. He then stated that the Department of Fish Wildlife and Parks (FWP) has selected two people which it ex- pects the City to hire to man the area for the summer. He noted that both individuals have experience working in areas where public relations is important; and he fae(s they will he an asset to this summer's program. Responding to Commissioner Knapp' the City Manager stated that the $4.200 listed in his memo is for anticipated fee collections from this summer's use. He noted that is the projected amount of r*vemme based on the revenue* received in past yvars. He then in- dicated that the County Commission will determine in September whether to contribute n6-n3-9z -e- $5 ' oVo from the County Parhfand Trust Fund for development of picnic shelter. He sug- gested, however, that it appears at this time that the item will be approved. Responding to Commissioner Knapp' City Manager Wysocki stated that this special request is a one-time request; however, funding for the operation of the recreation area will he included in future City budgets. He indicated that this activity was not included in the Fiscal Year 1990-e1 budget; and this special request would provide the funding nec- essary to meat obligations between now and July l. He then stated that it appears that in future years, all of the costs for operating the recreation area will he included in the City's budget' with the offsetting revenues being included as well. Responding to Commissioner Swanson, the City Manager stated that a new division manager for the Department of Fish Wildlife and Parka is now serving in this area; and that individual previously worked on the Lake Elmo project in Billings. He noted that, with the different priorities he has from the previous division manager, he has included monies in the BNP budget to participate in the costs of this operation. Commissioner Swanson asked if any promotional activities are planned, in an attempt to increase the usage and attendant foe revenues for this site. Ms. Joanne Jennings stated that a flyer is currently being developed. She also noted that with MSD changing to the semester system, students will be back in mid- August; and she anticipates the usage will increase from then to the end of the season. City Manager Wysocki stated that the proposed picnic shelter will also enhance the area; and it may attract people to that area for larger family picnic, particularly since the shelter would accommodate *o to su people. Ms. Jennings stated that the AGS students are working on the project, although they have not yet developed a specific drawing of the structure. Mayor Hawks suggested that the School of Architecture be given an opportunity to provide input. He noted that in the past, not much care has been taken to ensuring that structures installed in parks are compatible with their surroundings; and he feels that those issues should be addressed to ensure more appropriate development in those areas. Ms. Jennings stated that the FWP architects in Helena must review and approve all projects on their properties. Commissioner Gvehrung noted that this is a project in which a substantial amount of volunteer labor and donated services have been provided. He then rioted that because of that fact the City will get quite a bit for the dollars it expends. Commissioner Swanson noted that this is another example of good cooperation by a number of agencies. He then suggested some type of open house celebration to recognize those who have participated with possibly the City Manager or the Clerk of the Commis- sion organizing those activities. O6-ns-o` -10- Commissioner Swanson then suggested that any proposed development in this rec- reation area be submitted to the Design Review Board for informal review, so they are aware of impending projects on public /ands. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission authorize a contribution of $5,000 from the City for operation of the East Gallatin Recreation Area for the Summer 1991 season. The motion carried by the following Aye and No vote: those voting Ayr being Commissioner Gnohrung Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion appointment f subcommittees to review monthl listings City Manager Wysocki reminded the Commission that this item was requested by Commissioner Knapp. Commissioner Knapp suggested that, since the Commission is becoming involved in a recycling binge and is trying to reduce the amount of garbage generated through pre- cycling, it may be beneficial to have only one copy of the computer runs for the Commis- Sion rather than five individual copies. She suggested that this could apply to both the claims listings, which are printed every two weeks, and the budget summaries which are published monthly. Commissioner Knapp stated she recognizes that, by law, the Commission must review the claims listing; however she suggested that a sub-commiuwe or one or two Commis- sioners could be appointed to conduct that review and submit a report to the Commission. City Manager Wysocki expressed concern about that proposed review process, not- ing that a Commissioner may he opposed to a specific expenditure but may not be aware of it if he/she is not on the sub-committee reviewing that specific listing. He further noted that the Commission does have a legal responsibility to review and authorize expenditures; and he feels that can be hest accomplished if each Commissioner reviews the listing of claims prior to taking action. The City Manager then suggested that the monthly budget reviews do not contain the same statutory requirements for review and approval. He then suggested that if the Commission desires, staff could provide one computer run which could be made available for Commissioner review. Responding to the Mayor the City Manager stated that he reviews the claims list- ings approximately half of the time, depending upon staff to point out unusual or poten- tially controversial claims. Mayor Hawks stated that he carefully reviews each claims listings submitted. He then indicated that it would be extremely difficult for him to go to City Hall during reg- o6-03-pl _ /1 - o|or business hours to review a copy of that listing prior to a Commission meeting. He stated that he is in sympathy with the effort to decrease the amount of garbage created; however, he feels it is important to retain the existing system for processing claims. City Manager Wysocki reminded the Commissioners that the computer listings can be recycled, stating that people from Reach Inc., collect the paper from City Hall on a reg- ular basis. Commissioner Goehrong stated agreement with the reasons for which Commissioner Knapp forwarded this suggostivn. Ha noted, however, in terms of the liability which each Commissioner has for approval of claims, he feels it is important that each Commissioner receive a copy of the listing. He stated, however, that he feels only one copy of the monthly budget report would be necessary for Commissioner review noting that the mid- year and third-quarter budget reviews prepared by the Administrative Services Director provide o more comprehensive and more understandable budget overview. The Commissioners then concurred that the distribution of claims listings will remain as it ir, with only one copy of the monthly budget oummury to be made available for Com- missioner review. They noted that since there is a method for recycling of those compu- ter print-outs, these arrangements would be acceptable. Discussion - FYI items The City Manager presented to the Commission the following "For Your Information" items. (l) Announced that a public hearing on another amendment to the interim zoning ordinance will be forthcoming on June 17. He reminded the Commission that a couple months ago, they adopted amendments to the flood plain regulations, as required by the State. He rioted that just two days after the adoption of those amendments, the City re- ceived a letter from the State outlining several amendments to those amendments. He not- ed that the deadline for City adoption of those revisions was set for June 15; therefore, the public hearing has been scheduled for June 17. (z) Copy of the letter forwarded to all members of the Commission's round tab|e regarding the League District 10 meeting which was originally scheduled for tomorrow af- ternoon. He noted that the meeting has been changed to 2:00 p.m. on Wednesday, June T2 at the C,anTre* Inn; and all members of the round table have been contacted. (J) Copy of the notice setting forth the schedule for adoption or the final zone code, as published in yesterday's newspaper. (w) Copy of the advertisement for vacancies on the various boards and com- missions. (5) Copy of the letter, dated May 28, 1991, sent to the Downtown Bozeman As- m6-Oj-y1 -l2- sociation announcing new two-hour parking restrictions along West Babcock Street between North Willson Avenue and North Grand Avenue. (6) Agenda for the June * County Commission mcobmg, along with a copy of the draft minutes for the May 21 meeting and the daily minutes for the week of May 20. (7) Copy of letter from the Chamber of Commerce reflecting the voting records of the area's representatives and senators on specific bills. (V) Agenda and packet h/r the City-Cnunty Planning Board meeting scheduled for Tuesday, June *. (9) Unsigned handwritten note protesting the new taxes. (1o) Letter from Mike Lilly to be made a part of the record for tonight's public hearing. {n} The City Manager submitted his weekly report, as fp|x/*e. (1 )l The National Guard has announced that it will hold a press conference at the Armory at 11 :VV a.m. on Wednesday, Jun* s; and has requested that someone from the City be present. (z) The meeting on the Burke property has been rescheduled from tomorrow morning to Wednesday morning at 7'00 a.m. (]) Interviewed four different companies who had submitted pro- posals for possibly providing a life insurance program for employees. He noted that the costs submitted by all four companies were identical because they all quoted the same com- pany, (w) A Memorial Day service was held at the Veteran's Park, after e march from the corner of South 11th Avenue and West College Street to the park. (o) Met with the movie people, the Fir= Chief and the Assistant Pv|ko Chief on Friday to discuss filming lo- cations, (o) Starr is working with cbe consultant to develop informational packets for the volume-based rate system, (7) The City has generally agreed with seven stores for the sale of garbage tags' with the stores retaining lV percent for handling. (u) Noted that during this past week the Clerk of the Commission's office has spent approximately fifteen hours preparing certificates for foreign students at M30. (o) Announced a meeting on the concepts of clustering, to be held at 7'oo p.m. on Wednesday evening at the Library. This meeting is a follow up to the meeting held by Mr. Arendt on this issue several weeks ago. (lm) Noted that the City has not encountered any flooding yet/ but it's close. (12) The City Manager noted that he had an interesting conference with rep- resentatives of Blue Cross/Blue Shield last week. He reminded the Commission that he had previously announced their initial intent to implement a 29-percent increase in premiums this year. He stated that during the conference call, they offered an alternative program in which the City would partially insure /tsmf. This would drop the increase to 17.5 per- cont with the city holding /o percent in reserve to cover any claims over the projected amount. He noted that with the compounding effect of the two potential increases, the total increase would be 29 percent if the claims are higher than *hat the City says they W6-V3-9l -7a- will be. He noted however, that the City will have the reserve monies in its pvss*ssivn, to he utilized within its investment portfolio for at least a portion of the fiscal year. Mayor Hawks noted there has been no reference to a we|[noss program, suggesting that might be a major factor in obtaining a reduction in rates in future years. The City Manager stated that a preventative maintenance program like HMO is not available in this area. He then stated that a wo!/uoss program has been initiated in the Police Department; and the Fire Department is looking at such a program this year. (13) The Qty Manager stated that the 0RB and the DRr each met for 46 hours on Tucsday. He noted that something different must be done with the process particular- ly since such long meetings dramatically impact the staff as well as vv|umtears who serve; however, at the present time, there is no authority for limiting the number of items to be considered at each meeting. He then suggested it may be beneficial for the Commission to discuss this problem with the Planning Director in an attempt to find a solution to what is rapidly becoming a major problem. The Qty Manager noted that the Planning Board has a rule that no new discussions will be started after 10:00 p.m.; however, he noted it is difficult to enforce that rule when a substantial number of public hearings have been scheduled for a given night be- cause they are at that point in the review process. He noted that those impacts eventual- ly carry forward to the City Commission; and the same problems will he incurred at this level if steps are not taken to address the issue, {14} Commissioner Frost submitted the following. (1) Attended the 4j-hour oRB meeting last week, outing that over the past few months, he has felt that the amount of time spent in those meetings could be shortened, (z) Announced that 43 applications have been received for the position of zone code enforcement officer; and staff is beginning to review those applications. (75) Mayor Hawks submitted the following. (}) Met with Jeff Rupp on Wednesday to develop a job description for the County Health Officer. (2) Gave a Memorial Day mes- sage at Veterans' Park on Thursday. (a) Attended a recognition dinner for foreign stu- dents on Thursday evening, giving those students the certificates of honorary citizenship which the Clerk had prepared. He noted that this dinner is to honor those foreign stu- dents who have extended themselves to the community and who have participated in a speakers` bureau to provide information on their countries, [4] Attended an economic vat- Lie added seminar sponsored by the Northwest Policy Center. He noted that two County Commissioners were in attendance, suggesting this topic might be a good one for a joint muoune between the two Commissions. (5) Stood in the receiving line at the reception for the Desert Storm troops on Friday might. (16) Mayor Gawks requested that zoning violations be documented and forwarded - lv - mz the Commissioners so they are aware of what is happening. He then suggested the poy- sibiNty of having ordinance v/nrau^wns published in the newspaper, as a disincentive. He then requested that this item he placed on the agenda for additional discussion in the near future. {17} Commissioner Knapp stated she has been asked about what to do with haz- ardous wastes specifically cans of point' Commissioner Frost indicated that the can should be opened so the paint can dry; and it will not longer be toxic and can he placed in the regular garbage. (11n) Commissioner Knapp asked what the fee is for preliminary plat reviews, and whether those fees cover the actual costs of processing the application. She also asked who is raop^ms/b|a for covering the costs of installing the new sewer lines, City Manager Wysocki responded that the sewer lines are private; therefore, the property owner must bear the costx. He then indicated that the fees do not cover the costs of processing the application. Commissioner Knapp then suggested it may be time to review the fee schedules, raising them to levels which will more closely cover the costs mvv|vcd, Mayor Hawks noted that increasing fees wi// make people consider more carefully whether they wish to make application for a project. He then suggested the Commission ohnn|d be receiving recommendations from the Planning Board on possible R,m changes in the near future. City Manager Wysocki indicated that increased fees for projects where professionals are involved would be acceptable; howevrr, he suggested that fees for small projects with- in the conservation districts should remain at a low level. (xo) Commissioner Swanson submitted the following. (T) Attended the League of Cities and Towns Board meeting in Helena on Friday. He highlighted the major topics of discussion, which included a discussion on the local option tax hi|| at the House level; the poso/u|c distribution of county option vehicle tax; and diversions to video gambling. (z) Reminded the Commission of the League of Cities and Towns Convention, scheduled for September 18-20 at the Holiday Inn in Missoula, (3) Attended the Greater Yellowstone Co- alition meeting in West Yellowstone. He noted that Mr. Les Brown gave the keynote ad- dress an Friday night. He indicated that he also received some valuable written informa- tion which he suggested be copied and forwarded to Montana's congressional delegates along with a cover fetter. City manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Western Wear Week" - Juno 16-22' 1991 »�03-91 - is - Request for permission to close Main Street from 5:30 to 10:00 p.m. on Wednesday, July 31; waiver of open container ordinance for seated dinner guests - Taste of Bozeman Award bid - 1991 Street Improvements - Pioneer Ready Mix, Bozeman, Montana - $49,700.00 Authorize Commissioners to sign - letter to legislators re "The Bicycle and It was moved by Commissioner Frost, seconded by Commissioner Swanson, 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 Frost, Commissioner Swanson Commissioner Knapp' Commissioner Go*hrung and mayor Hawks; those voting No, none. Recess 5:20 Mayor Hawks declared a recess at 5:20 p.m-' to reconvene at 7:00 p.m. for the purpose of comducdng the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Continued public hearing - Conditional Use Permit - R.P., Eva Mae and William L. Myers - allow High Ridge Estates of Montana to develop t �ortjons of an 18-hole n prop- ertv located in the S, Section 70 And W; ror q h mm This was the time and place set for the continued public hearing on the Condition=[ Use Permit requested by R.P. Myers Eva Ma, Myers and William L, Myers, to allow High Ridge Estates of Montana to develop portions of an 18-hole goff course on property located in the South one-half of Section 32 and the West one-half of Section sa Township Z South Range 6 East and the Northwest one-quarter of Section o Township a South, Range s East Montana Principal Meridian. The subject property is east of Sourdough Road, ap- proximately one mile south of Goldenstein Lane. Mayor Hawks reopened the continued public hea:ring. City Manager Wysocki entered into the record a substantial amount of written test!- mvny' as noUows. Letters of support include a copy of the letter to the editor published in the May 30 edition of the Bozeman Dail Chronicle, as forwarded by Michael J. U|[y' attorney for the applicant. Letters of opposition include: John P. Lawson, 2856 Sourdough Road, dated June 2 1991; Yvonne B. Pickett, 3144 and 3146 Sourdough Road dated June 3 1981/ Fred F. Bahnsnn M.D., 3045 Sourdough Road, dated May 30 1991; two memo, from Michael and Phyllis Wells, 3639 Sourdough Road, dated May m 1991; and Heidi H. Klein, 9190 6kyr/dge Drive dated May 23 1997. A listing of telephone o/|s in -/6- opposition was also entered into the record, as follows: Steven Gray, 2970 Sourdough Road; John Buuma, 4310 Sourdough Road; Shirley Amberson 3090 Sourdough goad; Karen Day' 3062 Sourdough Road; Mrs. Mary W. Ranoe 2855 Sourdough Road; Geraldine Crmon 3095 Sourdough Road/ and F|nnoncc and Kent Wilson, 3049 Sourdough Road. The City Manager then submitted to the Commission a copy of a |otmyr from Scott Hoag, Jr.' 114 Hitching Poet Road, dated May 21 1991 requesting that his name be removed from the petition of opposition which was submitted to the Commission last fall and again during the public hearing two weeks ago. City Manager Wysocki then submitted to the Commission a memo from Director of Public Service PhiU pnrbuo dated May 30 along with a copy of excerpts from the AASHTO Guide for Development of New Bicycle Facilities, 1981. He oc*cd that document indicates that a two-lane rural arterial should consist of two 12-foot-w|dm paved traffic lanes plus two 6-foot-wide shoulders with paving being optional. He also submitted to the Commission a letter from the Montana Department of Fish Wildlife and Parks to Mary Kay pock. County Planning Director, dated October 2 1990. He cautioned the Commission that much of the contents of the Fish, Wildlife and Parks letter cannot be considered since it pertains to the subdivision; however, he noted that some valuable information regarding the golf course can be gleaned from the document. Mayor Hawks reminded the Commission and those in attendance that this public hearing is on four holes of a golf course; however, he recognized that it is difficult to cons/der only those four holes and not the impacts of the entire eighteen-hole golf course. He then noted that this public hearing is continued from the may 20 meeting, and request- ed that comments be limited to new information, noting that the previously-submitted infor- mation is also a part of this public hearing. The Mayor then highlighted some of the information given the Commission regarding the southeast quadrant transportation study at a work session bo|d earlier this afternoon. He noted that as a result of that meeting with the County Commission and staff the City Commission has a better understanding of the study results as well as the conditions which the County Commission had placed on approval of the project. Mayor Hawks noted that traffic from developments in this portion of the jurisdic- tional area impacts both South Church Avenue and South Willson Avenue; and there is no ridge road system to alleviate those impacts. He noted that the existing Sourdough Road is a 22-foo1-wido paved mat; and one of the County's conditions requires improvement to a 24-funt-w/de mat with 2-foot-wide graveled shoulders. He stated it is projected that Gn percent of the traffic from the proposed development will travel north on Sourdough to Kagy/ and 25 percent of that 60 percent will them continue moving northward on Church Avenue. - 17 - City Manager Wysocki noted that the excerpts from the American Association or State Highway and Transportation Officials (AASHT8) publications reveal that a two-lane rural arterial should have two 12-foot-wide driving lanes and two 4-foot-wide shoulders to safely address the mix of vehicles, bicycles and pedestrians. He noted the excerpts fur- ther suggest that items such as sight distances and visibility ohm/yd he carefully con- sidered; and steps should be taken to ensure that the paved sorface is smooth. Commissioner Swanson noted that the AA3HTO guidelines indicated that "Wide umrh lanes and bicycle lanes are usually preferred over shoulders for use by bicyclists. Rnw- o°cr if it is intended that bicyclists ride on shoulders, smooth paved shoulder surfaces must be provided." The Commissioner noted that it is important for the Commissioners to "hear" the the laoguaQm of the engineers regarding this issue. Mr. Mike Li/[y' attorney representing the applicant, stated that the appUoant'o rep- resentatives conducted an informal survey of traffic entering the Valley View Golf Course between a:on a.m. and s:on p.m. last Saturday. He noted that Saturday was a nice day; and ,here was a tournament taking p|ace. He then reviewed the results of that informal survey as follows: zoo cars arrived, and presumably |*fl' that day with large bunches arriving at 8:00 a.m., around mid-day, and in the late afternoon; 71 percent of the cars contained the driver only, za percent had two people; five percent had three people, and I percent had more than three people. Mr. Lilly noted that actual count is substantially lower than estimates previously made, indicating that he feels they would accurately reflect the number of vehicles that could be anticipated at the High Ridge Estates Golf Course. Mr. Lilly then distributed to the Commission a copy of the editorial contained in Sunday's edition of the Bozeman Daily Chronicle, entitled "Tacking into the wind noting it generally supports the proposed project. Commissioner Swanson noted that Terry Schap/ow had previously submitted to the Commission a fetter suggesting that the applicant be required to seek approval from the State agencies prior to seeking approval at the local level. Mr. Lilly responded that is not practical from a businessman's point of vipw. He stated that the State applications for reviews and permits take a considerable amount of time and expense to prepare. He also noted that the Water Quality Bureau could require a full-blown environmental impact statement prior to making its decision; and that document is extensive and expensive to prepare. He further noted that the applicant has no guar- antee that if he addresses the water issues, the local governing bodies will not turn the project down based on traffic concerns. Mr. UUv also suggested that from a legal standpoint' it may not be possible to ap- ply for State review um#| after local approvals have been given, subject to specific con- ditions which require State review and approval. He noted that the State agencies do not - /x - hav* adequate time and personnel to review applications for which there is no guarantee of local approval. Commissioner Swanson noted that the AASHTO information discussed earlier specifies that if separate lane is not provided for bicyclists, the shoulders must be paved; howev- er the condition imposed by the County Commission provides for gravel nhou|dero. He then expressed concern about the possibility of an accident bring created by someone on a bicycle trying unsuccessfully to maneuver in the gravel and mx/||ng into the path of an on- coming vehicle. He also suggested that the City could incur some liability by allowing this type of situation to occur, particularly given the AASHTO standards, &«r. Mike Lilly stated that the condition imposed by the County was initiated by the County, not the app/icant. He noted that the existing situation is even worse than the one which would be created by approving the application and allowing improvement of the roadway to meet the County's condition. Mr' Jim Vernon, 1008 South Church Avenue, submitted to the Commission a petition of opposition containing zo signatures' He noted that those signing the petition were located between Mai" Street and Marte|'s property' along the "narrow port" of church; and most or the signatnrs are property owners rather than renters. He stated that all of those he contacted expressed concern about the increased traffic which would be absorbed by an a[ru*uv overburdened roadway. Mr, Mike Wells, 3639 Sourdough Road, professor of Mechanical Engineering at MS8 spoke against the proposed development for two reasons. He stated that he feels the en- gineering consultant for the developer has submitted u seriously flawed report on traffic which: does riot address all of the issues. He noted that the report is based strictly on lane width for a nvrma| roadway and does not take into consideration the extraordinary is- sues, such as poor visibility, pedestrians bicyc/|sts, horses, potholes, and blind drive- ways. He onz,d that when those items are factored in the current roadway is not ade- quate for the existing traffic levels. He then stated that the condition imposed by the County for improvement of the roadway will not adequately address those problems because no bicyclists will ride on the gravel shoulders. He expressed concern about the alterna- tive to improve the roadway to two lo-foot driving lanes with two 6-foot shoulders because he is uncertain about who would be required to pay for those improvements. He stated that' as a property owner be would be opposed to subsidizing this type of road improve- ment. Mr. Wc||a then stated his second ma/or concern is the commercial aspect of the pro- posal. He noted that this proposal is not just for a housing development, but for a golf course an well; and that will promote commercial activities like a pro shop a snack tar and possibly even a restaurant. He stated that in inconsistent with the master plan and - m - rreatos an incompatible use. He then encouraged denial of this opp|ica!tion, Mr. Terry Scxaplow attorney representing the Sourdough Protective Assoc/at/on' stated opposition to the application. He noted the applicant must demonstrate that the ap- plication for this proposed golf course in not detrimental to the general health, safety and welfare of the public; and he does not feel the applicant has demonstrated that. He noted that the applicant's representative has addressed why he should not be required to seek State agency approvals prior to seeking local approval; however, he dvo, not Fcc| those are va|id. Mr. 5chap|ow suggested that "Hurricane Harry" is financially suspect, having filed for bankruptcy in the East. He noted the applicant may not be in a financial position to seek the State approvals and is' therefore, seeking local approvals first. He also noted that the County Commission has not followed AA3UT0 requirements in the conditions which it has imposed on the project, He then encouraged the Commission to follow the Planning Board's recommendation for denial, City Manager Wysocki reminded the Commission that this application has come for- ward without a formal recommendation from the Planning Board because their motion did not have the necessary votes to pass. Be cautioned, therefore, that the above testimony is inaccurate and should be recognized as such during the decision-making process. Mr. Anthony uemetriades 747 Hitching Post Road, noted the applicant's attorney has indicated that seeking state approvals prior to local approvals is too expensive; how- ever, he noted that every businessman takes risks. He noted that he does not hae( it is appropriate to ask the City to subsidize those riskw. He also expressed a desire to know the facts on whether an application can be submitted to the State for action prior to local approvals, rather than going on suppositions. Mr. Mike Lilly responded to some of the questions and issues raiscd. He stated that there have been a substantial number of innuendos about Mr. Grant's financial status and reference to a "fly-by-night" developer. He stated that Mr. Grant has invested in excess of $350,000 in this project to date; and he has not yet received any assurance of approval. He noted that Mr. Grant has indeed, filed Chapter 17 bankruptcy, which is reorganization, an some corporations in which he is involved. He stoteu that those reor- ganizations were caused by the poor economic situation in the East/ and he is rapidly working his way out of those deficit positions at this time. Mr. Lilly then stated that the budget for this project includes $125 for seeking approvals from the various State agencies, which is a substantial expense to incur without knowing whether local approval will be forthcoming. Mr. Lilly stated that the developer has indicated he will seek no S|D^s/mo's for the wotar, sewer or roads within the proposed development; therefore, the general public will oS-o3-91 not incur any potential liability, as occurred in Valley Unit Subdivision. He noted that the conditions imposed by the County require that the developer complete specified off-site improvements, including the upgrading of Sourdough Road prior to any development oc- curring on the subject site. Responding to Commissioner Swanson, Mr. Lilly stated that a State /and lease goes along with the subject parcel. He stated that property is generally located along the side of Mount Ellis and is presently used for private purposes only. He noted that one of the County conditions was that the State land be opened to the public; and the applicant has requested latitude in the location of the trail to access that land to minimize any potential impacts on the Limestone Creek corridor as well as the golf course. Further responding to Commissioner Swanson, Mr. Lilly indicated that the golf course will be generally designed around the Limestone Creek corridor; however, he noted the pathways will be set back from that corridor to minimize any impacts. Commissioner Swanson noted that in the letter from the Fish Wildlife and Parks to County Planner Peck, concern is expressed about the impacts of this development on wild- life, particularly elk. He then asked why the concept of clustering, which is encouraged by the master plan, has not been included in this project. Mr. Lilly stated that during one of the several discussions on this item, Mr. Ma,tinka from the Fish Wildlife and Parks, indicated that this proposal has gone further to mitigate impacts on wildlife than most proposals he has se*n. He then stated that the applicant is generally in agreement with the clustering concert/ however, he noted that more direction is needed from the Planning staff and the Planning Board on how that can be accomplished before it can possibly be considered within the overall proposal. Commissioner Swanson noted the tendency of probably o large number of golfers to stop in the |vvng* before going home. He then expressed concern that a|rnhw[ and the narrow Sourdough roadway might not mix. Mr. Lilly responded that a lounge is not contained in the initial plans for the golf course; however, he noted one will probably be added at a later date. He stated that, hopefully, at the time one is added, Sourdough will not face the same problems as it does today. He ended his response by stating that' no matter how wide a road may be, no one should drive under The influence. Responding to Commissioner Swanson, Mr. Lilly stated that the ]s-foot setback from Limestone Creek would create no problem, Mr. U|/y then stated that the Planning staff's report on this application recommends that the subject four holes of the golf course be completed within eighteen months. He noted that the County has given a longer period for completion of the entire eighteen-hole golf course and requested that the Commission establish a coinciding timeline for completion o6-Vs-9l - 21 - of the four holes within its jurisdictional area since a g°!r course is constructed as a com- plete unit rather than a piece at a time, Commissioner Swanson asked if the developer is willing to participate in the upgrad- ing of south Church Avenue north of Kagy Boulevard, since the recently completed study reveals that 25 percent of the so percent of the traffic on Sourdough will continue north- ward on Church. Mr. Lilly responded that the applicant recognizes the transportation problems in this area. He than stated that problem is not created by High Ridge Estates; h*wever, he recognized that the project will exacerbate that problem. He then stated that the applicant is willing to pay his fair share of improvements necessary to mitigate those impacts; however be is not willing to pay more than his fair share for those improvements =bich are an extended distance from the subject sit=. In response to Commissioner Swanson, Mr. Lilly indicated that the creation of 3|m's to finance improvements does, indeed increase the financial risk to City residents; howev- er, he noted that risk would be reduced because of the number of individuals that would be involved in such a district. Mrs. Phyllis Wells, 3639 Sourdough Road, noted that at the County Commission meeting, a condition was imposed which would require the applicant to pay the costs of im- proving Sourdough Road to a specific standard, She then asked who will be required to pay for the additional improvements if the City imposes such a condition. Mayor Hawks responded that is a question which remains to be answered. He also noted that the issue of overlapping jurisdictions must he carefully considered, indicating it is his impression that if the City imposes higher standards those standards must be met within the City's jurisdictional area. Mrs. Wells noted that at this time, the County may not increase its requirements for road improvements; Mr. U|4' noted that is correct. Mrs. Donna Qommtrimdms 147 Hitching Post gvpd reminded the Commission that golf courses are typically the worst offenders for use of pesticides. She then questioned who will be responsible for monitoring the typo and amount of pesticides used on the golf course stating concern for those who live downstream from that development. Mrs. Demotriades then raised concern about the impacts this development would have on Cn|deost:in Lane' nntfng that the existing traffic is quite heavy and moves very rapidly for the area. She noted that the bridge, which is located close to an intersection is higher than the rest of the roadway, which makes entering Go/uensto7n very dangerous under present conditions. Mayor Hawks dosed the continued public hearing. Commissioner Frost expressed his concern about the traffic issues, noting the /m- - 22 - pacts this type of development would have on Sourdough Road, South Third Avenue and South Willson Avenue. He noted that those roadways are already heavily impacted without the additional traffic which would be created by this development. The Commissioner then stated appreciation for the applicant's willingness to par his fair share of the off-site im- provements; however, he noted the City is not prepared to pay its fair share at this time, or to ask the property owners in the southeast quadrant of the community to participate in those costs' Commissioner Frost rioted that the applicant has suggested that any impacts from this project are quite some time down the road; however, he noted it is the City's respon- sibility to consider future impacts when making its decisions. He further noted the appli- cant has suggested the City should not consider traffic impacts because the county has already addressed that issue in its approval of the golf course and attendant subdivision; however, he noted that the City is responsible for any impacts on its streets. Commissioner Frost suggested that a list of items for which the applicant should pay his fair share be developed, which could include widening and straightening of streets, and possible extension of streets. He also rioted there are questions about water and /m- pacts on wildlife; however, he feels that the traffic issues cannot be ignored. Mayor Hawks asked City Attorney Becker to advise the Commission regarding the implications of a negative decision, asking whether that would create a defactu moratorium. He stated that at some point, the City must recognize that it has a prnh|=e and take steps to address that problem, noting that the City has initiated a transportation study but the results won't be available for a year or so. City Attorney Becker requested a week to prepare his legal opinion on that ques- tion. Mayor Hawks then stated that he shares Commissioner Frost's concerns. Commissioner Knapp noted the Commission has received a substantial amount of tes- timony on many different issues during this public hearing; and care must be taken to consider only those /tams which are germane to this application. She then briefly high- lighted the parameters of the issues pertaining to the four holes of the golf courue in the City's jurisdictional area, which include impacts on both surface water and groundwater, fire as it relates to the unwaterrd portions of the golf course, use of pesticides and fertil- izers on the golf course traffic as it relates to the golf course, and any effects it may have on wildlife. Commissioner Frost noted more information on the real impacts this type of project will have on the transportation system on the south side of the community is needed before an informed decision may be made; however, he recognized that information will not be available for an extended period of time. Walt Mayor Hawks noted one alternative is for the Commission to consider only the imme- diate impacts that a development might have, and require that those be mitigated, closing its eyes to the future problems which might arise. He then noted that is not the ideal al- ternative. Mayor Hawks announced that a decision will be forthcoming at next week's meeting. Break - 8 :15 to 8:19 p.m. Mayor Hawks declared a break from 8:15 p.m. to 8:19 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Ordinance No. - extending the effective date of the interim zoning ordinance for a period of six months from the expiration date of Ordinance No. 1303, as extended by Ordinance No. 1317, or until effective date of final zone code This was the time and place set for the public hearing on the proposed ordinance for extension of the interim zoning ordinance, as approved by the City Attorney, entitled: ORDINANCE NO, 1328 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76 -2 -306, MONTANA CODE ANNOTAT- ED, AMENDING THE INTERIM ZONING ORDINANCE, AS ORIGINALLY ADOPTED THROUGH ORDINANCE NO. 1303, AND AS AMENDED BY ORDI- NANCE NOS, 1308, 1314, 1317 and 1322 BY EXTENDING THE EFFECTIVE PE- RfOD THEREOF, CAUSING SAID ORDINANCE TO REMAIN IN EFFECT WITH- IN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1) MILE BE- YOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE EXPIRATION DATE OF ORDINANCE NO, 1303, AS EXTENDED BY ORDINANCE NO. 1317, OR UNTIL THE ORDINANCE ADOPT- ING THE FINAL ZONE CODE BECOMES EFFECTIVE, WHICHEVER OCCURS FIRST. Mayor Hawks opened the public hearing. City Manager 'Wysocki reminded the Commission that the interim zoning ordinance will expire in early August, which is prior to the time the final zone code is scheduled to be adopted and effective. He noted that to retain zoning .authority during that time, it is necessary to extend the interim zoning ordinance; and the Commission has previously de- termined that period should be for up to six months. The City Manager then reminded the Commission that the final zone code document was distributed earlier in this meeting; how- ever, a series of public information meetings and public hearings have been scheduled pri- or to final adoption of that document. No one was present to speak in support of or in opposition to the adoption of Ordi- nance No. 1328. Mayor Hawks closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission adopt Ordinance No. 1328, extending the interim zoning ordinance for six months from the expiration date of Ordinance No. 1303, as extended by Ordinance No, 06-03 -91 -z4- lalr or until the ordinance adopting the final zone code becomes effective, whichever oc- curs first. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson Commissioner Knapp, Commissioner Goehrwng' Commissioner Frost and Mayor Hawks; those voting No, none. A djournment There being no further business to come before the Commission at this Omo it was moved by Commissioner Knapp' seconded by Commissioner Go*hrunQ that the meeting be adjourned. 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 No, none. O6-8a-ol