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Home My WebLink About1991-06-17 MinutesMINUTES oF THE MEETING VF THE CITY COMMISSION BOZEMAN, MONTANA June 17 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 17, 1991, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Coehrung, 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 that any of the Consent Items be removed for discussion. City Manager Wysocki requested that the award of bid for janitorial services for specified City buildings for the two upcoming fiscal years be withdrawn from this agenda, noting it will be placed on next week's agenda for action. Minutes - Mav 20 and zQ. and June 3 and lV. 1991 Mayor Hawks deferred action on the minutes of the regular meetings of May 20 and May 28, 1991 for a period of one week. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meetings of June a and June lo 79e1 be approved as submitted, The motion carried by the following Aye and No vote: those voting Aye being Commission- er Guehrung Commissioner Frost, Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting No none. Report and recommendations from Bozeman Area Bicycle Advisory Board - John Harkin, City Manager Wysocki stated that included in the Commissioners' packets was an outline of the Bozeman Area Bicycle Advisory Board's recommendations, dated June 17, Mr. John Harkin, Chairman of the Bozeman Area Bicycle Advisory Board (BABAB), stated the Board has conducted several meetings to date. He stated that one of the first meetings was a retreat at which they established a list of goals, to provide them some di- rection throughout this process. He stated that after conducting several meetings of the Board, they conducted a public forum on January 19; and approximately 35 people attend- ed and provided va|nah|o input, He noted that the Board also sent a questionnaire to all of the participants in that forum and compiled the results to determine what is most de- sired and needed within the community. Mr. Harkin stated that, as a result of the public input received, the Board pro- ceeded to develop the following recommendations for Commission consideration. He noted that they attempted to find north/south and east/west streets to provide a good grid upon V6-77-9l - z - whicb bicyclists may feel safe while traveling. He suggested that some or those streets can be mad* safe quite oaa|/y and quickly, simp|y by striping to provide a three-foot-wide bike lane, and marking it as such. Mr. Harkin then reviewed the streets recommended for immediate bike lane installa- tion, which involves striping a three-foot-wide bike lane in the street with a six-inch-wide white stripe plus the words "bike lane" or the picture of a bicyclist at every intersection and every snV feet in long stretches, as follows. Kagy Boulevard from Highland Boulevard to South Third Avenue 117th Avenue from Kagy Boulevard to Durstvn Road loth Avenue from the southern city limits to Durstnn Road Willson Avenue from Kagy Boulevard to West Peach Street Peach Street from North Rouse Avenue to North 7th 6vcmuu South 8th Avenue from West Cleveland Street to West Main Street He estimated the costs of materials for the striping and identification of the bike |onu for the above streets at $a He then noted that most of the listed streets are north/south roadways; however, there are few east/west streets at this time which can ap- propriately be included in this category. Mr. Harkin then highlighted those streets/areas which could be used immediately for bike routes, with no need for striping because of the low traffic volume, as follows: West Koch Street from South 23rd Avenue to South Tracy Avenue East Story Street from South Tracy Avenue to South Church Avenue ca//agater Trail Mr. Harkin stated that streets which will require additional preparation work before bike routes can be installed, include: Rouse Av*nuw/Bridgvr Drive from Story Mill Road to East Babcock Street Babcock Street from South 11th Avenue to South Rouse Avenue Mendenhall Street from North Rouse Avamo* to North I/th Avenue nurston Road from North 7th Avenue to Valley Unit Subdivision Kagy Boulevard from South 3rd Avenue to South 19th Avenue South 3rd Avenue from Kagy Boulevard to West Arnold Street Mr. John Harkin stated that many of the streets involved in this report from the BABAB were shown in the report recently submitted by the Parks, Open Space and Trails (POST) Committee, noting that these studies were conducted independent or each other. He stated that much of the information the POST Committee received indicated the need for additional bicycling facilities in Bozeman. Mr. Harkin stated that in addition to the retreat and public forum which they have conducted, the Board has also organized u "bike to work or school day,'' had a booth at the recycling festival, and has worked on various educational projects. Commissioner Knapp noted that Kagy Boulevard from Highland Boulevard to South Third Avenue has been included in the list of streets for striping' She then stated that when Kagy Boulevard was constructed, the sidewalk on the south side of the street was designated as a b,oydc lane, with the appropriate signs being posted; and the sidewalk on the north side of the street being designated for pedestrians, with the appropriate OV-1/-91 - ] - signage, She then questioned the onod for a striped bike lane with the designated side- wo|k being provided for cyclists. Mr. Harkin stated that the Bozeman Municipal Code prohibits the riding of bicycles upon sidewalks in the city limits, except for young children riding in residential areas. He stated that while the sidewalk along Kagy might be designated as the bike lane, that is a direct contradiction to the City's ordinances. He further noted there are a couple bad intersections, which are quite blind for those riding on the sidewalk. He than stated that, as a bicyr|ist, it is preferable to ride on the roadway. Commissioner Knapp them expressed concern about designating the Ga[/agater Trail as a bike route, particularly with the heavy amount of pedestrian use which it receives. She noted that there is some bicycle traffic on that trail now; however, the amount of pedestrian use is much more prova[ent. Mr. Markin indicated this recommendation was the result of public input. He then suggested that the trail can adequately accommodate both pedestrian and bicycle use. Mayor Hawks noted that Sourdough Trail is heavily used by bicyclists; and much of that trail lies within city limits; however it has not been included in these recommenda- tions. Mr. John Harkin responded that the trail is heavily used by bicyclists; however, he noted it should be improved before it is designated as a bike route. He noted that in the spring, when it is soft, the bicycles tear it up' particularly along the southern and of the trox, Responding to Commissioner Frost Mr. Harkin suggested that while not all or the streets listed are wide enough to include a striped bike lane the may they are, eliminating the parking along one side of the street would provide the needed width to do so, without any physical improvements to the roadway. Commissioner Frost noted that if the bike |amu were provided on only one side of the street, then bicycles, could travel only one way upon that roadway while remaining in a bike lane. City Manager Wysocki noted that most of the information available on bike lanes re- fers to a four-foot-wide strip. Mr. Harkin stated that AASHTO standards currently include a four-foot minimum width; however, he noted that those standards are being reviewed, and it appears to be a consensus that a three-foot-wide lane may be adequate. He stated that while a four-foot- wide strip would be nice a three-foot-wide ,trip is all that is necessary to create a rela- tively safe feeling while bicycling. Commissioner Swanson addressed the issue of using the sidewalk along Kagy Boule- vard as e bicycle route. He noted that given the steepness of the h!iU when traveling uo-l7-91 - 4 - westward it is easy to gain speeds of 25 to m miles per hour, He noted that some of the corners are slightly blind when traveling on the sidewalk; and that could create some real conflicts with pedestrians particularly when traveling at that rate of speed. The Commis- sioner then stated then* is adequate space on the paved roadway for a bike |enn to be striped off from the vehicle lane, and he feels it is most appropriate to u* s". Ms. Charlotte Tro|inger member of the BA8Ag than submitted the Board's ruc- vmmencleUnns concerning installation of hike racks in the downtown area' She stated that they have proposed the immediate installation of 21 U-shaped bike racks' each holding two bikes, at strategic locations along the first block of South Willson Avenue and along Main Street between Willson Avenue and Rouse Avenue, as well as one in front of the Carnegie Building. She estimated the costs of the bike racks at $100 each, plus $30 for the instal- lation of each one. She stated that the racks would be installed approximately three feet from the curb which should place them far omooQh from the street to avoid being hit by cars which are parallel parking; however, they will still be outside the typical line of pe- destrian travel. Ws. Tro/in0er stated that the 8A8AB has discussed this proposal with a represen- tative from the downtown merchants; and it appears that they are willing to accept this proposal. Responding to Commissioner Frost Ms. Trn//nger stated that the racks are three feet wide; and would be approximately four feet wide with two bicycles parked on the rack, because of the width of the handlebars. Responding to Mayor Gawks Ms. Tro[iogor stated this style of bike rock is used in Missoula; and it is similar to the one at the Bozeman Public Library. Commissioner Goehrvng suggested the possibility of placing the bike racks along the side streets rather than Main Street. Ms. Tru|inger responded she feels it is important to locate these initial hike racks along Maio Street. She stated that bicyclists will chain their bikes to anything available on Main Street before they will go to a aide street to use a bike rack. She suggested that if the bike racks on Main Street are not adequate to accommodate all of the bicycles, it may be necessary to locate racks on the side streets; howevmr, she suggested that is a future problem. Commissioner Swanson asked for authorization to meet with City Manager Wysocki, Director of Public Service Forbes and John Harkin and Charlotte TroUnDer members of the aAB,A8 in the near future to discuss implementation of these recommendations. The city Manager cautioned that monies have not been budgeted in this fiscal year for this type of expenditure; therefore, this request must be considered during the bud- getary process, along with all of the other requests which have been submitted. oo-l7-8l - 5 - Commissioner Swanson noted that the funding may not be available immediately; however, he suggested that developing a method of implementation at this time would be beneficial. Mayor Hawks authorized Commissioner Swanson to meet with staff and members of the B88AB to discuss implementation of the proposed recommendations. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the report and recommendations from Bozeman Area Bi- cycle Advisory Board. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Frost, Commissioner swnnnnm Commissioner Knapp, Commis- sioner Goehrvog and Mayor Hawks; those voting No none. Ordinance No 1327 makino it a misdemeanor crim/ al offense to misuse the 9-1-1 em r gency telephone service and establishing a penalty therefor The City Manager presented to the Commission Ordinance No. 1327, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1327 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF s0zEMAN m8wT&NA MAKING IT A MISDEMEANOR CRIMINAL OFFENSE TO MISUSE THE 9-1-1 EMERGENCY TELEPHONE SERVICE AND ESTABLISHING a PENAL- TY FORV|0LAT|ON THEREOF, The City Manager reminded the Commission that they had provisionally adopted this ordinance at their meeting held on June 3, and recommended that it be finally adopted at this t[mv- It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commi,,ion finally adopt Ordinance Nn. 1327 making it a misdemeanor criminal offense to misuse the 9-1-1 emergency telephone service and establishing a penalty therefor. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner opchrung Commissioner Frost and Mayor Hawks; those voting N* none. Staff report eq��est for vacation f South 7th A from W Cleveland S We ubmitted by Montana State University Grant City Manager Wysocki submitted to the Commission a memo from Director of Public Service Forbes, dated June 13, along with back-up information, including a letter from Bill Rose, MSu dated June 7 and a memo from Assistant City Engineer Craig Brawner, dated May 2»' Director of Public Service Phill Forbes stated that the City received a request for vacation of South 7th Avenue from West Cleveland Street to West Grant Street from Mon- tana State University on February 22, 1991. Fie nioted that a copy of that original appli- o6-17-o1 -8- cation was included in the Commissioners' packets in addition to the information outlined by the City Manager. The Director stated that this request was circulated to all City departments poten- tially impacted by such potential street vacations; and the Assistant City Engineer has highlighted those staff responses in his memo dated May 23- He then recognized that this review process was not as timely as it possibly should have been; however, staff took the time necessary to, ensure that its review was as complete as possible. He stated that, fol- lowing compilation of the staff responses, it was determined that it might be most appro- priate to wait until the transportation plan is completed before taxing action on this re- quest. He stated, however, that such a r|ao will not be prepared for at least twelve months; and Mr. Rose has indicated to him that such a wait does not provide a timely rm- mponse. Director of Public Service Forbes stated that because of the negative staff rec- ommendation, City staff met with Mr. Bill Rose and Mr. Bob Lashaway, Following that meeting' Mr. *i|| R",w wrote a letter dated June 7; and that has been included in the Commissioners' packets. Responding to Mayor Hawks the Director stated that he does not know whet type of breakdown there is between local, student and through traffic. He suggested, how- ever, that Mr. Rose may be able to respond to that question. He also noted that if that information is not readily available, another traffic study conducted at this time could reveal the amount of local and through traffic which uses that street since school is not currently in session. Responding to Commissioner Swanson the Director of Public Service stated that at the present time South 6th Avenue is zo to 29 feet wide, hack-of-curb to back-of-curb; and he feels it most be widened by four to five r:mt to provide a roadway wide enough to handle the traffic that would be diverted by the closure of South 7th Avenue. The Direc- tor stated that the recommended width for a street is 37 feet, back-of-curb to back-of- curb; however, he noted that on South 6th Avenue, parking is limited to one side of the street only. Further responding to Commissioner Swanson, the Director stated that widening or the roadway would require the removal of some or the street trees- He then indicated that eliminating parking on both sides of the street could be an option; however, he reminded the Commission that there are residential uu*a no the east side of the street. He also stated that until the neighborhood parking district has been implemented, he is hesitant to vUm/oato that parking' particularly since it is so heavily used at this time. Responding to Commissioner Goehrung the Director indicated the suggested widen- ing would be from West Cleveland Street, or »vooib<y West Harrison Street, to West Grant 06-`7-y1 - 7 - Street. He then stated that to this date, he has not reviewed the widths of the streets which intersect South 6th Avenue in the affected area to determine how the potential widening would impact those intersections. Mr. Bill n*sc' Director or Facilities Services at Montana State University, stated that MSu is requesting the vacation of the portion of South 7th Avenue lying between West Cleveland Street and West Grant Street, as the sole abutting property owner on both sides of the street. He then stated that pedestrian campuses are becoming typical across the country; and he feels that this vacation would help to promote that concept on this cam- pus. He stated that the vacation would also mitigate much of the pedestrian/ vehicular conflict which arises in this area of campus, He noted that in December, he approached the Commission informally on this subject, and O/vd the formal application in February. He noted that he has appeared before the Commission several times recently in response to City questions and concerns, and asked the Commission to respond by favorably consider- ing this University request. Mr. Bob Lashaway Assistant Director of Facilities Services at Montana State Uni- versity, briefly highlighted the reasons for the request to vacate South 7th Avenue. He noted that the engineering/ physical sciences complex has been a concept since the late 1970^y with planning monies being appropriated in the early lSoo's; and funding for con- struction of that building was recently approved by the Legislature. He stated that build- ing is to be constructed adjacent to the existing Roberts/ Ryan /Cnb|oigh complex; and it will extend across the existing South 7th Avenue between West Garfield Street and West Grant Street. He stated that it will house state-of-the-art laboratory and instructional fa- dfitius in a high technology setting; and it is imperative that it be close to the existing engineering facilities. Mr. Lashaway stated that the Centennial Mall is also in the planning stages, after its initial conception in 1989. He stated that this mall redefines the campus core, changing it to a pedestrian campus, with traffic gaining access along the campus at South 6th Ave- nue and South 17th Avenue. Mr. Lashaway reiterated the point that closing streets which traverse the campus will help to eliminate the pedestrian/ vehicular conflicts which exist. He further noted that it is the long-range master plan for the campus that only perimeter vehicular traffic be a||owmu with the campus being acceptable for pedestrian use only, He stated that the closure of South 7th Avenue will help to make that master plan a reality, Mr. Bob Lashaway /hen briefly reviewed the plans for the new campus parking plan, which were presented to the Commission a few weeks a9o. He noted that this plan addresses the parking spaces that would be eliminated by closing the center of the campus to vehicular travel, as well as those which would he dosed to students staff and faculty na-z7-o1 - 8 - on streets around the campus through the City's implementation of neighborhood parking district. He stated that implementation of this plan is to begin during the Summer 1991 and be completed in 1995. He highlighted the locations for the new parking lots wmox are being planned, all of which are located along the perimeter of the campus. Mr, Bill Rose noted th�at the reason the new parking plan must be started next summer is to provide apace on campus to address the significant displacement which will occur by the City's implementation of a neighborhood parking d|strict. He suggested that will generate a substantial amount of impact, particularly along the east and north sides of the campus. Mr. Rose further noted that the extension of Kagy Boulevard to South 19th Avenue and construction of the North 19th Avenue interchange will affect traffic flow pat- terns, causing substantially more traffic to the southwest corner of the campus. Mr. Bill Rose stated he feels e majority of the o average daily vehicle trips along the subject portion of South 7th Avenue are caused by vehicles moving around cam- pus' many of them from his operation. He suggested that closing of the street will elimi- nate many of those vehicle trips, rather than relocating them to South Gth Avenue. Mr, Rose then stated a willingness to work with the City' including participation in the costs of widening South 6th Avenue. He suggested hn*e,ar an alternative might be to, eliminate parking on both sides of South 8th Avenue, thus eliminating the need to widen the roadway. He stated that' based on the premise that those vehicles parked along the east side of the street are n`^sr of students, stafT and faculty, the creation of a neigh- borhood parking district would remove them from that street anyway. He suggested that to eliminate the parking on the cast side of the street, therefore, would have no additional negative impact on those residences than currently exists. Mr. Rose stated that a review of the residential units along the east side of South 6th Avenue revealed that after all University-owned or umivcrsity-related structures, a|[ rental units, and all those residences located on o r"r^cr lot have been subtracted nut there are only five residences remaining which might be adversely impacted by the elimina- tion of parking on the east side of the street those being located at 520 West Cleveland Street, and 1010 1014 1310 and 1314 South 6th Avenue. He then once again reiterated his position that those people probably cannot park on the street anyway because of the college-re|ated vehicles already parked there. He also suggested that' given the magni- tude of the overall project, this inconvenience would be very minimal, Mr. Bill Rose then stated that South 7th Avenue does not provide a north/South collector at this time, since people must jog over to South 8th Avenue on West Cleveland Street before moving northward to West Main Street. He suggested there would be minimal change in vehicular flow if the subject portion of South 7th Avenue were closed, requiring the traffic to move to South Gth Avenue to complete their southerly maneuvers. ou-17-91 - m - Rosponding to Commissioner Knapp' Mr. Rose stated that the map in the Commis- sioners' packets was taken from the 7984-85 master plan of the campus. Commissioner Knapp noted that one of the reasons for conducting a transportation plan is to determine how to move people from the north side of town to the south side of town; and on the vgux-as master plan map' it appears that South 11th Avenue is no longer a through street. She suggested, therefore, that South 7th Avenue could become ex- tremely important for maintaining the flow of traffic through the community. Mr. Rose stated that Montana State University will not be asking for vacation of South 11th Avenue at this time. He stated that he recognizes the need to provide north/ xuuth collectors in the community, even though he also recognizes the pedestrian/ vehicu|ar conflicts which exist on South 17th Avenue. He then stated that South 7th Avenue does not provide that collector street status; therefore, he feels it can be vacated without creating any major problems. Commissioner Knapp questioned why South 7th Avenue needs to he vacated from West Cleveland Street to West Garfield Street, since the new engineering /physical science complex is proposed between West Garfield Street and Went Grant Street. Mr. Ruse noted that West Garfield Street has already been vacated; and he does not feel it is appropriate to xUnw traffic to enter an area where such street vacations have al- ready occurred. He further noted the pedestrian/traffic conflicts which exist on South 7th Avenue between Cleveland and Garfield because of the uwnmiu,rus in that immediate area. Mr. Rose then stated that South 7th Avenue is one of the least used accesses to campus, with West Grant Street being one of the most used accesses. Commissioner Frost noted that the southward extension of South 11th Avenue has been discussed, particularly with the westward extension of Kagy Boulevard, and asked if there is any additional information regarding an easement across University property for that potential extension, Mr. Rose responded that issue is not a part of this request; and he is not pro- pared to address it at this time. He suggested, however, that at the time the westward extension of Kagy Boulevard has been completed, he would be willing to meet with the City to discuss the issue. Commissioner Ooohrung asked if consideration has been given to extending the new engineering/physical science building across West Grant Street rather than across South 7th Avenue. Mr. Bill Rnxa responded that' even if th,e now building could he located so that it would not require a street vacation he feels it is important to move the vehicular traffic around campus rather than through it. He stated however, that given the interuiscip|in- ary nature of the facility, it is important that it be located in this part of the campus. oa-17-yl - lo - He then noted that this requested vacation would help to eliminate those conflicts in that area of campus- Mr' Rose stated it is also important to address the conflicts on South 11th Avenue; however, he recognizes that closure of that street is not an answer at this time. Mr. Rose stated that' given the planning process through which the University must go prior to construction of the new building and continuation of the Centennial Mail plans, it is imperative that they receive a response to this application as soon as possib|o. He stated that waiting a year, until the transportation plan has been completed, is not an option from the University's standpoint. Mrs. Lisa Prugh' 409 South 6th Avenue, stated that at the present time, much of the traffic traveling to campus from the north and oast sides of the community use West Koch Street and South s/b Avenue; and those numbers would only increase with the clo- sure of South 7th Avenue. She then noted that in downtown Spokane, overhead walkways have been constructed to allow pedestrians to move across the streets from one building to another easily amd without conflicts with vehicular traffic. She suggested another alterna- tive might be underground tunnels. I, ' Mr. Rose responded that he does not feel traffic will move too far southward on South 6th Avenue, rather he anticipates it will move along West C|*vc|aou Street or West Harrison Street to South 8th Avenue. He then stated that he has researched the possibil- ity of overhead walkways or underground tuooa|s and has visited campuses with such fa- cilities. He indicated it is typically found that while those facilities might be used ini- tia||y, it is much easier for students in a hurry to move on the ground level than it is to go "p or down to cross a street. He then noted that those facilities often have to be pa- trolled on a full-time basis, particularly at night since they tend to be places where as- saults are common. Mayor Hawks noted that' before the Commission may take action on this application, it must firs* conduct a public haariuQ. He stated that at this time, the Commission must make a determination on whether to adopt the resolution of intent which would then estab- lish that public hearing date. Mr. Tor|ief Aasheim' 5,17 West Koch Street, indicated he will voice his concerns at the pubfic hearing. Mrs' Hilary Johnson 412 South 6th Avenue, indicated her intention to speak at the public hearing, also. She then stated that she often walks around the campus; and early on Sunday mornings, there is no vehicular traffic. She noted that when there is no traf- fic, she becomes concerned about her safety, because she feels the risk of attack is much greater than the risks of being hit be a vehicle. She then suggested that additional secu- rity may be necessary if the streets within the campus are closed. Mr, Rose responded that the University is currently working an an extensive light- ing program for the campus. He suggested that the new lighting should make the campus a much safer place to walk, greatly minimizing the potential for attack. Commissioner Goehrung noted that the City is currently conducting a transportation plan, a study to which he was strongly opposed; and now the Cmnmiauinm is being asked to make a major decision before that study is complete. He then indicated his opposition to proceeding any further with this requested vacation at this time. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission acknowledge receipt of the staff report' and direct staff to prepare a resolu- tion of intent to vacate South 7th Avenue from West Cleveland Street to West Grant Street for action at next week's meeting. The motion carried by the following Ayr and No vote: those voting Aye being Commissioner Knapp' Commissioner Frost, Commissioner Swanson, and Mayor Hawks/ those voting No being Commissioner Ooehrung. A ppointment The City Manager submftted to the Commission a memo from Clerk of the Commission Sullivan, dated June 13, listing all of the applicants for all of the boards and commissions listed. He noted that some of these listings represent vacancies, while a majority are ap- pointments and reappointments to be effective as of July 1. ap- plications were received after the deadline. He noted that the one application was received late on Wednesday afternoon, due to a breakdown in communication on the actual deadline for applications from new applicants. He then suggested that the Commission consider that application. The Mayor noted that the other late application was received on Thursday. He suggested that application not be considered since it was so much past the deadline, noting he feels it is important to maintain the integrity of that deadline time. rec- ommendations. Mayor Hawks then noted that no applications have been received for the vacancy on the Community Development Block Grant Loan Review Committee; and only one application has been received for the two professional opening* on the Historic Preservation Advisory Commission. He suggested that the Clerk of the Commission be directed to readverhse; however, he proposed that they not be readvertised until after July i because he feels one or two additional letters of resignation will be forthcoming in the near future' The Commissioners concurred in that recommendation. Commissioner Swanson asked about how much flexibility the Commission has in mak- ing its appointments to the Design Review Board, given the specific positions which have -1u- been listed for this board and the lack of someone who possesses the qualifications for a degreed architectural histvrian. Cvrrim/,,ioner Knapp rioted that Mr. xoid` Swenson has suggested on the bottom of his application that he could be considered for this position. She than noted that, in con- junction with her review of the 0oa| zone code document, she has carefully considered the possible expansion of the Board's duties and responsibilities. She suggested that if the Board is given more power and more ability to make mandatory decisions, she feels it be- comes increasingly important that the Board be comprised of professionals; and she sug- gested that may involve increasing the numbers of professional architects to three, in ad- dition no one architectural historian and one landscape architect. She suggested that with three professionals being required for a quorum this would allow for flexibility in atten- dance at moedmgs while assuring an adequate number to review applications and make de- cisions. Commissioner Knapp U`cn suggested that at this time, the Commission make appoint- ments to fill the membership of the committee as it currently exists, recognizing that these will be short-term appointments until the final zone code has been adopted and the new structure of the Board created. She noted that such appointments could be effective until December 31 thus allowing time to adequately prepare for the restructuring. Mayor Bewha noted that when the now code becomes effective the Board must be reorganized to meet the new regulations. He stated that' in effect, those appointments not in compliance with the new code wmu|d be terminated, possibly through requiring letters of resignation; and they must be filled immediately in retain a viable Board. Commissioner Knapp reiterated her position ab*ut the importance of the professional expertise and opinions that will only increase with the power to be granted under the final zone code as proposed. She stated that there is adequate opportunity for public and lay- person input through the public hearing process before the City-County Planning Board and the City Commission; and she feels the technical expertise at the DR8 level is neces- sary to provide a balance. Mayor Hawks rioted that the process for appointing members to the various boards and commissions needs revision. He suggested that the appointment process this time be accommodated through acceptance of nominations from any interested Commissinner, to/|n*md by a motion and vvte. He noted that in the future with the concurrence of the Commis- sion, he will forward a recommendation from the list of applications which can then be voted either up or down by the Commission. It was moved by Commissioner Soehrung, seconded by Commissioner Frost, that the Commission appoint Jeffrey K. Rupp to replace Jerry Bancroft on the Board of Adjustment, with a term to expire on December »l 1992. The motion carried by the following Aye and n6-/7-9z - o - No vote: those voting Aye being Commissioner G"nhrung Commissioner Frost Commis- sioner S°aosmm Commissioner Knapp and Mayor Hawks; those voting No none. Appointment to City-County City-County Health Board It was moved by Commissioner Frost seconded by Commissioner S*onmnn that the Commission appoint Warren L. Jones to replace Ingrid Christensen on the City-County Board of Health, with a two-year term to be effective for the period July /. 1991 through June 30 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp' Commissioner Gvehrung and Mayor Hawks/ those voting Nn. none. Appointment t» City-County Planning Board It was moved by Commissioner Swanson, seconded by Commissioner Frost, that the Commission appoint Clark Babcock to replace Ralph Johnson on the City-County Planning Board, with a term to expire on December 31, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Frost and Mayor Hawks/ those voting No being Commissioner 6oehrung and Commissioner Knapp. Appointment to CD8C Loan Review Committee The Commission directed the Clerk of the Commission to readvertise this vacancy. Appointments to Design Review Board The Commissioners recognized that the appointments to the Board may be shortened dramatically for those individuals who may not qualify to serve under the provisions of the final zone code, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission appoint Bennett Tintin8er to replace Ralph Johnson as a professional architect on the Design Review Board with a two-year term to be effective for the period July l 1991 through June 30 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Swanson, Com- missioner Gnrhrung and Mayor Hawks; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission mppoinitKeith Swenson to replace Paul G/eyeas the architectural historian on the Design Review Board with a term to expire on June 30 1992. The motion carried by the following Aye and No vote. those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No being Commissioner Go*hrung. -l4- It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission appoint Ken Ryder to replace Keith Swenson as an "at large" member on the Design Review Board with a two-year term to he effective for the period July 1. 1991 through Jun= 30 1993. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Swanson, Commissioner Knapp' Commissioner 0oehrnng Com- missioner Frost and Mayor Hawks; those voting No none. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission reappoint Ellen Krpighbaum as the City-County Planning Board member on the Design Review Board with a two-year term to be effective for the period July }' 1991 through June 30 1993. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Frost Commissioner Swanson, Commissioner Knapp, Commis- sioner Cn,hrung and Mayor Hawks; those voting mn none. Commissioner Frost stated that he feels that the input of a non-professional on this Board has been extremely valuable. Commissioner Knapp stated that, while Ms. Kreighbaum has served well, she does not feel that it in essential to have either a layperson or o member of the City-County Planning Board serving on this Board. She feels it is more important to have the board members be professionals due to the magnitude of their decision-making authority. Mayor Hawks stated that he feels that a |ayperson'y viewpoint can enhance the pro- fessionals' consideration of an application, and to consider it from a different perspective than an all-professional board may be able to dn. Appointments to Historic Preservation Advisory Commission /t was moved by Commissioner Knapp' a*cuadou by Commissioner c"ehrwng that the Commission reappoint Patricia Ectoo and appoint Dora Anderson to replace puu| G/uyc as neighborhood representatives on the Historic Preservation Advisory Commission, with two-year terms to be effective for the period July 1 1e91 through June yo loys. The motion carried by the following Ay* and No vote: those voting Aye being Commissioner Knapp, Commissioner G"ahrumg Commissioner Frost Commissioner Swanson and Mayor Hawks; those voting N^ none. It was moved by Commissioner Goehrung seconded by Commissioner Frost, that the Commission reappoint Linda Bell as a professional representative on the Historic Preserva- tion Advisory Commission, with a two-year term to be affective for the period July 1 1991 through June yw /oex. The mot/nn carried by the following Aye and No vote: those vot- ing Aye being Commissioner Gnrhrung Commissioner Frost, Commissioner Swanson, Com- missioner Knapp and Mayor Hawks; those voting No. none- It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the nV-l7-o1 - 75 - Commission appoint man Bpber oarham to replace Beverly Barnhart and Lee Hieta|a to re- place John Haynes as at large representatives on the Historic Preservation Advisory Com- mission with two-year terms to be effective for the period July l 1991 through June 30 1e93. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Swanson, Commissioner Knapp Commissioner Goehrung and Mayor Hawks; those voting No, none. The Commission directed the Clerk of the Commission to roadvertiov the one profes- sional position which currently remains open. Appointment to Library B fTrustees It was moved by Commissioner Swanson, s,cpnuuu by Commissioner Knapp, that the Commission appoint Ronald R. Farmer to rep/ace Beverly Knapp on the Library Board of Trustees, with a five-year term to be effective for the period July l 1891 through June so, loy». The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Ooehrung, Commissioner Frost and Mayor Hawks; those voting Nn none. Appointment to Parking Commissi It was moved by Commissioner Knapp' seconded by Commissioner Cvohrung that the Commission reappoint Jim Westberg to the Parking Commission, with a three-year term to be effective for the period July 7 1991 through Juno so 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Gochrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No none. Discussion - FYI items The City Manager presented to the Commission the following "For Your Information" items. (l) The City Manager introduced J.C. Yarde to the Commission noting he is an MPA intern who will be working for the City this summer. He stated that major projects assigned to Mr. vardc include the residential parking district, tax increment financing dis- trict and review of Land and Water Conservation Grant possibilities. (z) Lotter from Natalie Phillips, dated May 22 stating support for changing the zoning on her property at 314 East Olive Street from R-3 to R-3A. (3) Letter from the Southwest Montana Building Industry Association, dated June 9, requesting that the new zone code be adopted on an interim basis, allowing the Asso- ciation an opportunity to provide recommendations for revisions which they feel would en- -|6- hanc* the document prior to its final adoption. The Commission requested that the above two letters be entered into the packet of information for the upcoming public hearing an the final zone code document, (:) Letter from ''An observant and concerned citizen," dated June 7 proposing a ue[t/ine highway around the city to got large trucks off Main Street. (s) Letter from Robert E. Jackson dated June V requesting a study to doter- mime if o stop light is needed at the intersection of South letb Avenue and West Cv||w@a Street. Commissioner Knapp stated that she has received a similar complaint about this same intersection. (o) Minutes of the County Commission meetings of May za and June 4 along with an announcement that no public meeting would be held on June 11, (7) Letter from the Gallatin Valley Land Trust dated June 12 transmitting notes taken at the June 5 discussions regarding cluster housing in Gallatin County. (o) Agenda and packet for City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday June 18 in the Commission Room. (9) Memo frmm Park/ Cemetery/ Forestry Superintendent John McNeil, dated June 14 outlining the contracted tree trimming program for Fiscal Year 1990-91. (vu) The City Manager submitted his weekly report, as ha{|vwy. (I) Noted that City staff is currently trimming trees along South 5th Avenue, (z) Announced that the City has hired John Beekman to respond to inquiries regarding the garbage program. (3) Forwarded Director of Public Service Forbes' suggestion that the City Commission write a guest editorial column on the new volume-based rate system and the reasons for the con- version. The City Manager volunteered to draft such a letter for Commission consid- eration. (v) Stated that staff has made some inquiries about the Land and Water Conser- vation Fund grant program' and possible use of those monies for acquisition or the Burke property. He noted that at firs, glance, it does not appear that the application cycle for those monies will 0, with the timing for acquisition of the property; however he suggest- ed that efforts could be made to more closely coordinate those timeframws, (5) Reminded the Commissioners of the CNFR Parade at a:ao p.m. on Wednesday afternoon, for which they have been selected to servo as judges. (8) Announced that he met with representa- tives from the Hospital twice |wot week regarding possible land trades in conjunction with acquisition of the Burke property, (7) Announced that during review of the hid received for janitorial services for the upcoming year, the bidder suggested some last-minute de- ductions, which staff must incorporate into its recommendations prior to submittal to the Commission; and' that is the reason for removing the item from this week's agenda. (o) The sub-committee to review the sale of Valley Unit properties has been seriously diacuss- 06-17-e1 -77- img the possibility or another sale, possible as *any as oyu-Ju|y. He noted this item may appear on next week's agenda for action if determined appropriate. (y) Fire Department personnel are proceeding with budding and fine inspections for both licensed and exempt operations. (10) Announced that filming of the movie "A River Runs Through |t" will not begin on June 18 as originally planned, at least not in the downtown area. (71) Commissioner Goehrung submitted the following. (l) Gave a presentation on recycling issues at the Lions' Club meeting. (Z) Has reviewed the information that is to be included in the brochure on the new volume-based rate system, which has been drafted by the consultant. He noted that the brochure is brier but provides o s,qbstantia| amount of information, (12) Commissioner Frost submitted the following. (1) Attended the npm` house for the zone code last week. (2) Helped servo at the barbecue on Sunday for the rodeo participants. (3) Requested a copy of the draft tree nrdinamcm possibly in next week's packet. (13) Commissioner Swanson submitted the following. (1) Met with the Hospital's Building Committee to discuss the Sourdough Ridge issue. [z] Attended the Interagency Breakfast on Wednesday, followed by a meeting of the sub-committee on Yai|cy Unit. {3} Attended the District lo Montana League of Cities and Towns meeting on Wednesday after- noon. (4) Apologized for not participating in serving at the barbecue yesterday after- noon. (lo) Commissioner Knapp submitted the following, (l) Attended the MLCT meet- ing on Wednesday afternoon. (z) Served at the barbecue for the rodeo participants on Sunday afternoon. (15) Commissioner Knapp asked when the meeting on the aquifer project is to be held, since the originally scheduled time was in conflict with the CNFR parade. Mayor Hawks responded that the meeting is to be held from 12 noon to 2:00 p.m. an Thursday, June zO. (16) Commissioner Knapp reminded the Commissioners that in January they had discussed a picnic to recognize the City's various volunteers. She then noted that at that time, they discussed having such an event in late September or early October, and sug- gested that reservations for the Lindley park Center should be made soon. She indicated a willingness to make those reservations, and asked if the Commissioners have a preference for what day of the w=ok this should occur. Mayor Hawks asked Commissioner Knapp to come back with a recommendation at next week's meeting. (17) Mayor Hawks submitted the following, (1) Attended the Interagency Break- fast on Wednesday morning, followed by the Valley Unit sub-committee meeting. (3) Spent -0- a considerable amount of time with the Planning Director in review of the new zone code. (z) Attended o no host party at the GrnnTree (nn on Friday night for the CNFR. (4) Served at the barbecue for the rodeo on Sunday afternoon. (18) The City Manager announced that the City picnic has been scheduled for Friday, July 79 beginning at 5:30 p.m. (79) Commissioner Swanson reminded the Commission that he wilt be abyomc from oox| week's meeting. (20) Commissioner Frost noted that he has seen 24 new street tree plantings dur- ing his walks around the south side of town' eight of which are weeping birches. He then noted that the species to be planted in the boulevard areas would be an extremely good topic for a newsletter article; and this once again reflects the great need for a City news- letter. (21) Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Com- merce, stated that the Site Selection Committee for the Performing Arts Center is scheduled to make its decision on the site some time next week, she noted the two sites presently under consideration are the downtown site and a "university" site, suggesting the Commissioners may wish to provide their input as soon as possible. Consent Items Comm in oon/unc- s -92 COMMISSION RESOLUTION NO. 2836 Purchase of Road Oil it was moved by Commissioner Gorhrung' seconded by Commissioner Frost that the Commission approve the Consent Items as fisted, 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 Gnehrung Commissioner Frost Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Recess 5:35 Mayor Hawks declared a recess at 5:35 p.m.' to reconvene at 7:00 p.m. for the purpose of conducting 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. m6-lr-9l City Manager Wysocki presented to the Commission the following Consent Items. - 19 - Public hearing - Ordinance No. - amending Chapter 18.44 of the interim zoning ordi- nance, flood hazard district This was the time and place set for the public hearing on Ordinance No. 1329, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1329 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76 -2 -306, MONTANA CODE ANNOTAT- ED, AMENDING ORDINANCE NO. 1303, THE INTERIM ZONING ORDINANCE, AS AMENDED BY ORDINANCE NOS. 1308, 1314 AND 1317, BY REVISING CHAPTER 18.44, FLOOD HAZARD DISTRICT, WITH SAID AMENDMENTS TO THE INTERIM ZONING ORDINANCE BEING EFFECTIVE WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE EFFECTIVE DATE OF ORDINANCE NO. 1328. Mayor Hawks opened the public hearing. Director of Public Service Phill Forbes stated that this ordinance revises the regu- lations for the flood hazard district, as prepared by the State. He reminded the Commis- sion that they had adopted the regulations for the flood hazard district in late February; and the day after they were adopted, staff received a letter from the Department of Nat- ural Resources and Conservation forwarding revisions to those revised regulations. The Director stated that the memo from Eleanor Gover to him, dated May 30, 1991, outlines the changes that have been made from the original document. He noted that these revisions were necessary to bring the regulations into compliance with the Administrative Rules of Montana. He then reviewed those revisions, noting the primary issue is the placement of manufactured homes within a floodplain area. He noted that one of the primary changes is to require that manufactured homes be set two feet above the base flood elevation, thus deleting the option to place it 36 inches above the surrounding ground. He stated that additional language regarding the intent and the statutory author- ity for adoption of these regulations has also been included in this ordinance. No one was present to speak in support of or in opposition to the proposed ordi- nance. Mayor Hawks closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission adopt Ordinance No. 1329, amending Chapter 18.44 of the interim zoning ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner f=rost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Public hearing - Conditional Use Permit - Ralph Ferraro and John Keserich (Golden Goose C asino) - change use from restaurant serving beer and wine to restaurant serving and wine and a casino - Lots 1 and 2, Block 1, North 7th Addition (726 North 7th Ave - nue) This was the time and place set for the public hearing on a Conditional Use Permit 06 -17 -91 - zo - reque*teu by Ralph Ferraro and John Kmserrnh for Golden Goose Casino to change use from restaurant serving beer and wine to restaurant serving beer and wine and a casino, locat- ed on Lots l and z of Block l North 7/h Addition. The subject site is more commonly known as 726 North 7th Avenue. Mayor Hawks opened the public hearing. Associate Planner Kevin Wall presented the staff report. He reminded the Commis- si:un that on March 18 they determined that the addition of twenty gaming machines con- stitutes a use different from a restaurant serving beer and wine, and further determined that the proposed casino be considered an "amusement or recreational activity" since the interim zoning ordinance does not contain a specific category for "casino.' He noted the Commission further directed the applicant to apply for a new conditional use permit for the change of use; and that item is now before the Commission. The Associate Planner stated that this conditional use permit is for the conversion of the former Frederick's Ice Cream Parlour to the om|dpn Goose Casino, through the elimination of twenty scats and the addition of twenty gaming machines. He stated that the site plan submitted for this application is the same as the one submitted last year for the conditional use permit to allow the sale of beer and wine in conjunction with the res- taurant activities; and the applicant has stated a willingness to comply with all of the con- ditions imposed on that conditional use permit. Associate Manner Wall stated that the applicants have removed the building-mounted ~t�b tq ~K "Frederick's" sign and have added neon accent lights and- curved windows the struc- ture. He stated that when the face of the freestanding sign was changed from "Frederick's Ice Cream Par|nur" to "Golden Goose Ca,lnm some ornamental wrought iron work was also aduvo thus making the sign subject to review under this application. Planner Wall stated that the application, as submitted, involves two requested de- viations: /. Maintain a freestanding sign which has 732 square feet of sign area (including the reader board), 2. Maintain a freestanding sign which is zo.s feet high. The Planner stated that the interim zoning ordinance allows a freestanding sign to be up to 48 square feet in area and up to e feet in height. The Planner stated that the application complies with the zoning ordinance, except for the two deviations which have been requested for the existing signage. He briefly re- viewed the surrounding uses, which are commercial except for the non-conforming resi- dence immediately to the south of the subject site. Planner Wall then stated that staff has reviewed this application in light of the six criteria set forth for conditional use pnrmits, briefly highlighting the results of that oo-l7-ol -z1- review. He then reviewed the recommended conditions for approva|, as recommended by the Development Review Committee and the Design Review Board. Responding to Commissioner Frost, the Planner stated that the sidewalk along North 7th Avenue is to be installed in an easement dedicated to the City, which would set it back from the curb rather than adjacent to the curb. Commissioner Frost stated he would like to have it clarified that the sidewalk will be located five feet from the curb, to avoid any potential for confusion in the future. Responding to Commissioner Frost, the Planner stated that street trees every 50 feet along North 7th Avenue was not required because the remainder of the landscaping on the site complies with the landscaping requirements. Commissioner Frost noted that with the existing shrubbery around the base or the freestanding sign, a sign which meets the zvou code requirements could not be seen. He then asked if the additional landscaping to be installed in conjunction with the 29.5-foot- high sign is to be revised if the sign is lowered to comply with the zoning rego|ationa' Associate Planner Wall stated that the Design Review Board and the Planning Direc- tor have indicated that they feel the proposed landscaping would work with a smaller sign. He suggested that if the Commission is uncomfortable with this assessment, they could re- for it back to the DRB for further review. Responding to Commissioner Knapp, the Planner reviewed the four accesses to the subject site, rioting that two parking spaces have been designated where one of the ac- cesses is located. He noted that those spaces must be relocated if this access is to be re- /ainud. Responding to Commissioner Knapp, the Planner stated that the existing curb cut onto North 7th Avenue is located approximately 120 feet from the intersection of West Aspen Street, which is substantially further than the 50-foot distance required by the zone code. He then indicated that during their reviews, neither the DRC nor the DRB raised the possibility of closing that entrance to the subject site. Responding to Mayor Hawks, the Planner indicated that staff has recommended that the applicants be given one year from the date of approval rather than the standard eigh- teen months to complete improvements. He noted that this includes all of the improvements and conditions which were attached to the previous conditional use permit for this site. Responding to Commissioner Knapp, the Associate Planner stated that the Design Review Board, after reviewing this application, recommended that the signage conformi with the zone code regulations. Mr. Ralph Ferraro, owner of the subject property, stated that under the previous conditional use permit, they were allowed to retain the existing sign. He stated that at the time they changed the face of the sign, they also reinstalled the original wrought iron - zz - ornamenta| work on the outside of the sign. He than stated a willingness 1n remove the wrought iron work to be able to retain the existing sign. Mr. Ferraro then stated he does not want to spend another $15 for sigmaoe at the subject site at the present time. He also expressed concern about being required to obtain a new sign to meet new zoning regulations which do not yet exist. Mayor Hawks closed the public »waring. Responding to Commissioner Goe»roug' Planner Wall indicated that the two parking spaces shown in the driveway at the southeast corner of the site must be relocated. He noted that 27 parking spaces are required for this change in use; and that is the number of parking spaces which have been provided on the site plan. He suggested that if the applicant wishes he may also close that driveway and leave the parking spaces as proposed. Responding 10 Commissioner Swanson, Planner Wall stated that the existing sign is in two parts with the top part being lz feet high and 0 {eat */du, and the reader board being « feet high and o feet wide. He thou indicated that the sign could possibly be lowered five to six feet without compromising its scale or looking out of balance. He not- ed, however, that with the main sign being 12 feet in height there is no way that it can be used and stilt meet the zoning code requirements. Responding to Mayor Hawks, the Planner stated he enddpauoe that under the de- sign objective plans which are currently being developed for the entryway overlay corri- dors, the signeQr will be substantially lowered. It was moved by Commissioner 5*onsan seconded by Commissioner Knapp' that the Commission waive the customary one-week waiting period. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner GoexrunS Commissioner Frost and Mayor Hawks; those voting No, none. It was moved by Commissioner Knapp, seconded by Commissioner Go,hrung that the Commission approve the Conditional Use Permit requested by Ralph Ferraro arid John Keserich for Golden Goose Casino under Application Nn. Z-9136. to change the use from restaurant serving beer and wine to restaurant serving beer and wine and a casino, locat- ed on Lots I and z of Block 1 North 7th Addition, subject to the following conditions: 1. The landscaped island at the northeast corner of the site be enlarged to span o feet farther south; z. The freestanding sign shall conform to the Bozeman Area Sign Code; s. The bollards at both the Aspen Street and North 7th Avenue access drives shall be removed; 4. The applicant shall revise the parking plan which shall be subject to review by the DmC before final site plan approval. The applicant shall provide no less than twenty-seven parking spaces; oo-17-9l _23- s. The applicant shall submit an agreement demonstrating that the prop- erty owner immediately to the asst has agreed to shared use of the common access drive; n. * 5-foot wide sidewalk must be installed along North 7th Avenue within a sidewalk easement dedicated to the City of Bozeman in accor- dance with the plans and specifications on Of* in the City Engineering Office; 7. A snow storage area shall be shown on the site plan; 8. The post at the east end of the sidewalk adjacent to Aspen Street be removed from the public right-of-way prior to final site plan ap— proval; 9. The existing post and rail fence on the northwest FwrVvn of the site shall be removed; 70. The applicant shall secure any required approval from the Montana Department of Health and Environmental Sciences, Food and Consumer Safety Bureau, and the Gallatin County Sanitarian pursuant to the associated changes to the establishment; 11. & permanent dumpster location shall be designated on the final site p|vn. The dumpster shall be screened; ]z. Seven copies of the final site plan' containing all the conditions, cor- rections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. One signed copy shall be rcusiu,d by the applicant and the remaining six shall be re- tained by the City departments represented on the Development Re- view Committee; 13. If improvements are not installed prior to final site plan approval, the applicant shall enter into an Improvements Agreement with the City. Detailed cost estimates, construction plans, and methods of security shall be made m pert of the agreement; 14. If occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements; 15. All on-site improvements shall he completed within one year of ap- proval of the final site plan. The Conditional Use Permit shall be valid for a period of one year following approval of the final site plan- prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the grant- ing of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required con- di1inma have been satisfied, the permit will be permanently granted; /*. The right to w use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Condi- tional Use Permit procedure; 17. All of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the |ood his successors or assigns; lu. All conditions specifically stated under any conditional use listed in the ordinance shall apply and be adhered to by the owner of the land, his successors or assigns/ and 19. All of the special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Ay, being Commission- er Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. - zo - C Partners, Inc. U development of an 18-ho[e golf course on a 287-acre tract located in Section 31, TIS, R6_E_T_RFFW (bounded by Story Mill Road, City landfill and the East Gallatin Recreation Area) This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Golf Course Partners Inc., to allow development of an 18-ho|a golf onorsa on a 287-acro tract located in Smndoo 31 Township l South Range 5 East Montana Principal Meridian. The subject parcel is bounded by Story Mill Road, city landfill and the East Gallatin Recreation Area. Mayor Hawks opened the public hearing. City Manager Wysocki submitted to the Commission u letter from Heidi H. Klein, 9190 Sky Ridge Road, dated June 18 1991 stating support for this proposed golf course development, Assistant Planner Debbie Arhe|| presented the staff report. She stated that this application is for development of an 13-hole golf course on lun acres of the 287-acre tract. Including practice facilities and a pro shop' and a paved perking area for 97 vehicles, She indicated that no additional development is proposed at this time. The Planner stated that access to the golf club and 0n|f course will be from Mc|mauan Road with access to the service shop being provided from Story Mill Road. S,hu indicated that the proposed golf course is to be developed in phases over a period of throe years. She stated the first nine holes are to be constructed initially, with all of /hose holes being located south of Md|hottan Road; and they are to be constructed in 1991 and ready for play in 7992, The second n|m= holes are to be constructed in 1893 and ready for play in 1994; and they are to be located on both the north and south sides of the roadway. Assistant Planner Ark6| stated that plans for this golf course have been before the Commission before with previous approvals being granted on June », 7987 and July 5 1988. She stated that, since final site plan approval was not completed for either of those applications, their approvals lapsed. She noted that in May 1989 the Commission once again approved a conditional use permit for the subject proposal; and that approval ex- pires on June zz 1991. The Planner noted that in the above-noted submittals, access was to be from Bridger nri*o through a private easement; and this submittal has been revised to provide for access from Mc!|hattan Road. Planner ArkuU stated that staff has reviewed the application in light of the six criteria set forth for consideration of conditional use permits; and those findings have been set forth in the staff report' She noted that staff "cviuv revealed concern about the traffic and access issues; and those have been addressed in the recommended conditions for approval. She stated that projections for traffic generated include 160 average daily trips when the first nine holes have been completed, increasing to 295 average daily trips - 25 - after ten years. She stated that Story K0U Road is presently paved to the end of the bridge; and the Road Superintendent has requested that the road, which is located in a 40-foot riQhx-nf-way, he widened and n°er|ayed. She stated that the Road Superintendent and the Director or Public Service have also requested that the applicant provide an en- gineering plan and then provide the paving for the remainder of Story mr|| Road and Mc||bottan Road to the west and of the parking lot with the remainder of mo||hauan Road being improved to County gravel standards from the parking lot west to the intersection of Manley Road. She stated the Road Superintendent has also requested the installation of a stop sign on Mo|lhnttan Road at its intersection with Story Ml|| Road. Planner Arke|[ stated that' following its review of this application, staff recommend- ed approval subject to twenty-four conditions. She stated that fv||mw|nB its public hear- ing on this application, the Planning Board recommended approval, subject to twenty-six conditions. Responding no Commissioner Frost, the Planner stated that the need for sigma|(za- tion at the intersection of Bridgor Dr/"n and Story wi|| Road will be determined by the State Department of Highways. Further responding to Commissioner Frost, the Planner stated that the County Road Office's approval is required for improvements to Story Mill Road and Mc||hatton Road be- cause they |/c in the county rather than the city. Planner Arke[| then indicated that the applicant has agreed to provide the 35-foot setback from the streambank which is required by the zone code; and he has further in- dicated his intent to retain the entire 35-foot setback in natural vegetation. Responding to Commissioner Frost, the Planner stated that the 1988 master plan for the subject parcel, which included residential development around the golf course, included connecting this development to the City's sewer system. She then stated that because of the existing distance from the sewer [ino, it may not be financially feasible to Uc the pro shop onto the City sewer at this time; however, it may be a possibility at some time in the future. Responding to Commissioner Gouhrnng Planner ArheU stated that after review, it was determined that the applicant does not own all of the property along the west side of Story Mill Road. She indicated, therefore, that the proposed conditions do not include a specified amount of additional right-of-way to be dedicated, because that issue must still be negotiated with the private property owner. Responding to Commissioner Frost, the Planner stated that the conditions specify a 6-inch perimeter curb; however, the Director of Public Service is willing to work with the applicants no that issue, if it is determined that wheel stops can be appropriately used. She then noted that this parking lot will be located on a pretty steep slope; therefore, oo-17-g1 - zs - soma perimeter curbing may be required. Responding to Commissioner Knapp, the Planner stated that the club house and pro shop are to be located on the north side of Mci|hatmn Road; and the first nine holes of the golf course are to be constructed on the south side o[Mc||hattmn Road. She then not- ed, therefore, the pedestrian crossing must be installed as a part of the first phase of de- velopment. Further responding to Commissioner Knapp, Assistant Planner ArkeU stated that the applicant proposes to reconstruct the existing bridge; and that is the only crossing antic- ipated at this time. Commissioner Swanson expressed concern that there is no language contained in the conditions for widening and paving of Story Mill Road and Mc|/hattan which addresses bi- cyclists' concerns or requires compliance with the A8SHTV standards. He then suggested that a sentence be added to both Condition Nos. o and s which "mo|d require "that the AASHTO standards for cyclists be included in the design of this roadway." Responding to Commissioner Frost Planner Arku|| stated that the proposed trail across the subject property was originally proposed to enter the East Gallatin Recreation Area from the east; however, that is a park with controlled access and they have re- quested that the trail be relocated on that it does not provide an uncontrolled aooass. Responding to Commissioner Knapp' the Planner stated that this golf course could be part of n whole, noting that the original master plan for this development, which was submitted several years wg*' included a single-family home and condominium complex de- velopment interspersed throughout the gaff course. She then noted that if the applicant decides to include residential development on the remainder of this subject parcel at a later date he will be required to first go through the planned unit development process. She stated that nothing in the cvnu/dvos for approval of this conditional use permit will either aUn° or not allow the development of residential units at some time in the future. Mr. Kov Easton, President of Golf Course Partners, Inc., stated he has been work- ing on this proposed golf course fo�r o long time. He voted that because of his original intention to develop residential units around the golf course, he wont through a master plan amendment as the first step in the process. He noted that at that bmc he contem- plated going through the planned unit development process; however there was no pro- vision in the ^W zone code for such a procedure in the AS Agriculture Suburban, dis- trict. He d`*n stated chat' after careful review of the costs involved in the entire prvj oct it has been determined that the golf course should be developed initially, with any residential development being initiated after the golf course is completed. Mr. Easton then asked about the AASHTn standards for the affected roadways, particularly since they have been proposed as part of the conditions for approval. oo-l7-yl - o - Commissioner Swanson responded, noting that it requires that a three- to four-foot paved obvu|dcr be provided for bicyclists, and that it be striped to separate that area from the driving lane. Commissioner Frost suggested that Condition Nn. 13 be revised to stress that the lighting be hooded s^ the light is directed downward only. Mr. Jack Scbvnke Morrison-Maier|e/CS5A engineering consultant representing the applicant, stated that the sewer ||na closest to the subject site at the present time is the sewer trunk (ioo located along North 7th Avenue/U.3. Highway 18. He stated that the costa involved in that extension of the sewer line cannot be justified for the golf course only, however, he noted that the septic sewer system installed at this time will be done so it can easily be tied onto the City's sewer system ut some time in the future. Mr. 3c»"mke then noted that the intersection of Story Mill Road and Mc|!hattan Road is a difficult on*; and the applicant is working with the private property owner at that corner to find a mechanism for improving the alignment of that intersection. He then noted that the number of bridge crossing for this golf course have been reduced from the original three or four to one. He stated that will dramatically decrease any potential im- pacts on the stream corridor; and the applicant will work closely with the Soil Conserva- tion Service and the State of Montana Department of Fish, Wildlife and Parks to ensure that renovation of the existing bridge does not negatively impact the stream. Mr. 5cbunko then indicated an interest in being allowed to work with the Director of Public Service on the issue of perimeter curbing around the entire parking lot. He suggested that continuous curbing could make snow removal efforts rather difficult. He suggooted that such activities should be minimal unless the course is used for cross- country ski trails. No one was present to speak in opposition to the requested conditional use permit, Mayor Hawks closed the public hearing. It was moved by Commissioner Goobrun8, a*rnndad by Commissioner Frost that the Commission waive the customary one-week waiting period for land use decisions. The mo- tion carried by the following Aye and No vote- those voting Aye being Commissioner Cvehrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting mn none. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the Conditional Use Permit requested by Coif Course Partners, Inc., under Application No. Z-9148 to allow development of an 18-ho|r golf course on a 287-oona tract located in Sect/on 31 Township 1 South Range V Ee, Montana Principal Meridian subject to the following conditions: I. A detailed grading and drainage plan for the pro shop, parking lot oo-17-gl -z8- and access drive must be prepared for review and approval by the City Engineering Office, prior to nno| site plan approval. The plan shall ensure that adequate detention is provided in n landscaped area to provide for cleansing of the runoff water; z. A more complete analysis of the levels of service on Bridgar Drive must be conducted by the app engineer to update the 1986 in- formation, and any drop below |ovu[ of Service C most be mitigated. Said analysis must be completed prior to opening the first nine holes for public play; 3, If traffic signals at the intersection of Bridger Drive d Story Mill Road are warranted by the Montana Highway Department in the future because of demand from the golf course, the developer will be re- sponsible for the cost of purchase and installation of the signals on State ypodf|uat|^ny; 4. Additional right-of-way necessary to improve Story Mill Road shall be dedicated by the property owner, and the existing road widened and over|ayed south from the intersection, of Story Mill Road and hk/|hattao Road. Said improvements shall include an engineered plan and profile drawing or the affected portion of Story Mill Road. The plan and profile must he reviewed and approved by the County Road Supervisor and City eng office prior to any improvements be- ing done to Story Mill Road. Said improvements shall be completed in a phased time frame acceptable by the County Road Superintendent, but no later than prior to open the second nine hates for public play. The improvements to Story Mill Road shall be made e part of the Improvements Agreement and shall be financially guaranteed prior to opening the first nine holes for public play. If the required im- provements to Story Min Road affect the geometric and drainage plans at the intersection of Story Mill Road and Bridgar Drive the Montana State Highway Department most approve those changes. The engi- neering design for the improved portion of Story Mill Road shall in- clude a paved s- 10 4-foot shoulder, striped to separate the bicycle lane from the vehicular lane, per A/\3UTO standards; s. Additional right-of-way necessary to improve Mc||hat*xn Road shall be dedicated for the portion of eo[|hattan Road adjacent to the entire subject property, and an engineered plan and profile drawing for Mc|ohattan Road shall be d for W | b th pruparc r rcvi e� an approval y e City Engineering Office and the County Road Office before any im- provements to Mc||hattan Road are initiated. Mc|fhattan Road shall be paved from its intersection with Story Mill Road to the access to the pro shop parking lot' and shall be improved to a County gravel stan- dard from the end of the now pavement west to Manley Road. All im- provements to Mc/|hauan Road must be completed prior to opening the first nine holes for public play. The engineering design for the im- proved portion of Mc/|hattan Road shall include a paved o- to v-rpvt nboo|dor, striped to separate the bicycle lane from the vehicular lane, per AASHTQ standards; 5. The intersection of Mc||hattan Road and Story Mill Road shall be re- viewed when the engineered plan and profiles are prepared for Mc||hattan Road and any improvements deemed necessary as v result of that study shall be completed prior to open the first nine boles for public play. A stop sign shall be installed on Mc||wattnn Road at its intersection with Story Mill Road; 7. The applicant shall acknowledge, in writing' the fact that their proposed development is directly adjacent to the City owned sanitary |anun|| and that on occasion foul odors and litter are generated from the solid waste refuse and the compost pile materials. Said acknowl- edgement smaol be submitted with the final site plan; V. The sub-surface sewage system must be approved by the Gallatin County Sanitarian, prior to installation of same; 9. A p|oodP/aio development permit for the golf course grading and footbridge construction most be obtained from the City Engineering Office by the applicant prior to construction. Any substantive changes to the stream diversion structure will require an updated 310 permit from the proper authorities and a f|vudp|alm development per- 06-17-91 - 29 - mit, again obtained from the City Engineering Office; 10. The location and marking of the pedestrian crossing on wd|hnttan Road most be approved by the County Road Department; 17. Details of the maintenance area' including existing buildings, uses, access and parking, must be adequately addressed on the final site plan and approved by the Development Review Committee prior to fi- nal site plan approval; lz. The parking lot or parking lot landscape plan must: a) designate a six-inch perimeter curb around the entire parking lot, including the access from Mc||hattao Road, b) show parking ata||a with a wheel stop or curb at an |o-foot length, and a 20-font length for bumper-to- bumper stalls; c) show a full 26-font driving aisle for all two-way traffic aisles; d) indicate the snow removal areas. In addition the parking lot landscape plan must be redrawn to include the 97-car parking lot (previously drawn for 67 cars); 73. The lighting detail on the final site plan shall be changed to indicate that the maximum allowable height of the security lights is 15 feet, o inchms, with a fixture to direct light to the owner's property, re- stricting upward light; 14. The exact location of the linear trail shall he determined at the time of subdivision of the land, and in conjunction with the POST Commit- tee and plans. Until that time a temporary trail shall be established along the south property boundary and the east and north boundaries of the East Gallatin State Recreation Area with access to the area from the northeast instead of from the east as proposed. Boundary markers, as approved by the City Park Superintendent, shall be placed at appropriate intervals on the boundary of the recreation area and golf course to designate the end of the golf course property. The location and style of the boundary markers shall be noted on the final site plan; 15' All signs must comply with the Bozeman Sign Code and sign permits must be issued prior to the erection of any vignag=; 16. A weed control and berhiduo and pesticide plan for the golf course shall be approved by the County Weed Supervisor prior to final site plan approval; 17. An ac know |cdgument by the Soil Conservation Service and Fish Wild- life and parks Department that this proposal is acceptable for the proper protection of the stream corridvrs, wetlands and flood areas from potential adverse effects from fertilizers pesticides and herbicides shall be provided to the City Commission prior to their hearing on the application; 18. Within oo days of final completion of all site work the applicant's li- censed architect or vogiomor overseeing the project shall certify to the City-County Planning Department that all improvements have been completed in accordance with the approved fioal site plan; ly. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and smodal conditions imposed by the Condi- tional Use Permit procedure; zo. All of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; z|. All conditions specifically t t d under any conditional use listed in this ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 22. All of the special conditions shall be consented to in writing by the applicant; 23. Seven copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within n6-l7-91 six months of the date of City Commission approval. Signed copies shall be retained by the City Planning, Building, Street/ 6an|tadon Water/Sewer, Engineering, and Fire Departments, and one signed copy shaft be retained by the applicant; 24. If on-site improvements are not installed prior to final site plan ap- proval, the applicant shall enter into an Improvements Agreement with the City. Detailed cost eshmates, construction plans and methods of security shall be made u part of that agreement. All road improve- ments must be completed prior to opening the first nine holes for public 9/ay' and may not be included in the Improvements Agreement; zs. A building permit must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site wmrk, including excavation, may occur until a building permit is issued; and 26�. If occupancy of the structure or commencement of the use is to occur prior to the installation of the on-site improvements, the Improve- ments Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated ovs, of the scheduled improvements not yet installed. Said method of security nba|/ be valid for a period of not less than twelve (72) months; how- cver all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost Commissioner Swanson, Commissioner Knapp' Commissioner Ooohrung and Mayor Hawks; those voting No nom*. Break 812 to819 Mayor Hawks declared o break from 8;12 p.m, to o:zy p.m. in accordance with Commission ru[ioy established at their regular meeting of March 14 1983, Public hearing - Conditional Use Permit - Douglas Stewart, Montana Recycfin� Inc. - allow construction of ga rbage OS (northwest corner of intersection of L Street and Pear Street) This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Douglas Stewart Montana Recycling, |nr, to allow construction of a garbage transfer station and recycling center on Tract 1 Certificate of Survey No. 1363. The subject 2.42-acre tract is more commonly located at the northwest corner of the inter- section of L Street and Pear Street. Mayor Hawks opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that the subject site is the same one for which Waste Management, Inc., received a conditional use permit for construction of a garbage transfer station in 1988. He stated that this subject appli- cation, submitted by Montana Recycling, Inc., woo|d allow construction or a garbage transfer station/ recycling center; and sale of the subject site from Three Rivers Disposal to Montana Recycling, Inc., is contingent upon approval of this application. Planner Wall stated that the applicant proposes to construct n 15'000-squaro-fovt os-z7-yv - 31 - 38-foot-high metal sided building and a 3,600-square-foot exterior short-term storage area which would be enclosed with an 8-foot-high chain link fence. He stated the applicant proposes to install a 198-square-foot building-mounted sign for this operation. Planner Wall stated that the proposed building and accompanying pavement would cover 82 percent of the lot, with the remaining 18 percent being landscaped with grass, trees and shrubs. The Planner than stated that baling of both garbage and reoyc|au|es is proposed within the structure under this application. He noted that under this op*nukm bales measuring 30 inches by oo inches by 60 inches, weighing approximately one mm each would be made within the building; and they xmv|d then be loaded onto trucks and hauled away from the site. Associate Planner Wall indicated that seven deviations would be required for ap- proval of this application as submitted, noting that the applicant has not requested any deviations. He then highlighted those' as follows: I . The proposed sign is 198 square feet. The sign code allows a maxi- mum of lzo square feet for a use of this size. z. The site plan designates parking stalls that are o by 17 feet. The ordinance requires stalls that are perpendicular to the driving aisle to be a minimum of e by 18 f==t. 3. The applicant has supplied only four (A) parking spaces. Based on the ordinance and information supplied by the applicant during the Development Review Committee's review of the proposal, seventeen (17) spaces are required. 4. The required landscaping of the rights-of-way have not been provid- ed. s. The applicant is proposing a 9-foot buffer strip adjacent to Pear Street in lieu of the 10-fovt strip required. s. The applicant has proposed approximately one-half the amount of the required street frontage plant materials. r. The applicant is proposing an 8-foot-high chain link fence which en- croaches into the required front yard. The ordinance allows a maxi- mum of 4 feet high in the required front yard, Planner Wall reminded the Commission that Three Rivers Disposal has received con- diUoma| approval of a conditional use permit for construction of a garbage transfer station on the subject site; and conditional use permits run with the property. He stated that this application, however is for expansion of that activity to include a recycling program as well; therefore this new application is now under consideration. The Planner noted that the subject site is zoned M-z. Manufacturing and Industrial, and the adjacent land uses include many light and heavy industrial uses. Planner Wall stated that, due to the site's location within an entryway overlay dis- trict, the Design Review Board has reviewed this proposal and found that the application generally complies with the zoning ordinance, except for the seven noted deviations. He oo-lr-91 -3z- stated the Board recommended to the Planning Board that the applicant prepare a revised site plan and that it be reviewed by the Design Review Board prior to submittal to the Commission; however, that did not occur because of the short time frame between the Planning Board and City Commission hearings. Associate Planner Wall stated that the Development Review Committee has reviewed this application, and found it very similar to the one requested by Three Rivers Disposal; and they have recommended a substantial number of conditions for approval. He noted that he has submitted to the Commission a memo dated June ls 1991 setting forth one condition recommended by the oRC and inadvertently omitted from the staff report and Planning Board resolution, which should be included in any conditional approval of this application. He further noted that since the DK8 was unable to review a revised site plan before this meeting, a condition should also be attached to address that issue. Planner Wall stated that staff has reviewed this application in light or the six crite- ria established for such review, and highlighted the findings which resulted from that re- view. He then carefully reviewed the thirty conditions contained in Resolution No. Z-9142. as adopted by the Planning Board, for approval of this application. The Planner noted that street improvements will include Pear and L Streets to City standards including curb and gutter. He then stated that waivers of protest for the creation of special improvement districts for street |mnr^,emoota in the subject area have been signed by Throe Rivers Disposal; and those run with the land. Planner Wall stated that concern has been expressed about how traffic to the sub- ject site might impact the residential neighborhood to the east. He suggested that the Commission may wish to consider not allowing trucks traveling to the facility to use Story Wi|/ Rnad/L Street as an access to the site, particularly since they will not be using the City landfill, The Planner noted that the appropriateness of this use av close to the l-go corridor has been raised. He stated that, except for that point, this application does conform with the master plan and the land use designation in this area. Responding to Commissioner Frost, the Planner stated that the Planning Board revised the staff's recommended conditions prior to adoption of its resolution; therefore, the numbering between the staff report and the resolution are different. City Manager Wysocki entered into the record a letter of opposition from Claudia Lee Foster, 779 North Wallace 6vcnwa dated Juno 12 1e91^ Responding to Commissioner Knapp' the Planner stated that the applicant has not proposed an after-hours drop-off area at this time; however the P|amo/og Board added a condition to address that situation should it arise at some time in the future. Be stated that at the present time the drop off facility is to be located inside the building. O8-l7-91 - 33 - Mayor Hawks noted that the Commission has before them an app||cation with seven deviations needed for approval; however, no request for deviation has been made. He then asked in what position that leaves the Commission. Planner Wall responded that the applicant has stated a willingness to comply with the zone code; therefore, those issues will be appropriately addressed prior to final site plan approval. He further noted that this application will 8o back through the DRC and the nRB to ensure that it complies with the zone code prior to approval. Responding to Commissioner Knapp' Planner Wall stated that Condition Nn. 9 was requested by the Street/ Sanitation Superintendent, and is meant to address future issues, not any of which are requested under this application. Responding to Commissioner Knapp the Planner stated that the traffic study sub- mitted for this application was done by Three Rivers Disposal in 1988 for strictly a trans- fer station. He stated the D felt that was not adequate and requested that thc appro- priate information be provided prior to permam"nt granting of the conditional use permit. Mr. Mark R/ch|an. Vice President of Montana Recycling, Inc_ apologized for the site plan submitted with this application, noting it was a slight revision of the application previously submitted by Three Rivers Disposal. He stated the applicant's intent to comply with the zone code. Mr. Ricmeu then showed the Commission a video of a garbage baling operation, not- ing it would provide a visual understanding of the operation proposed for the subject site. He stated that smaller balers than those shown in the video are used in the naoyd7nQ pro- grams in Billings and Great Falls at the present time. The video noted that a recycling program helps to reduce the amount of garbage generates revenues and servos as e natu- ral conservation measure. The proposed garbage transfer station/ racyn|ing center will al- low for separating of garbage within an enclosed building, thus reducing the potential for Wowmg. A|wv baled garbage eliminates the potential for garbage blowing at the landfill; and a bale |anun|| lasts up to so percent longer than a standard landfill. Mr. Marx Rich|em then stated that their operation will be required to conform with all federal and state regulations. Mr. Rich|eo then reminded the Commission it is important to remember that there will be a garbage transfer station on this subject sita. He noted there is an existing con- ditional use permit for a transfer station which will expire in the fall; and this application would allow the addition of recycling capabilities to such a /aoi|ity. He then encouraged Commission approval nf this application. Responding to Commissioner Knapp' Mr. Rich|en stated they plan to ha|c both re- cyo/ah|es and garbage at this site. Mayor Hawks noted the Commission has before them what appears to be an incnm- 06-17-91 - 34 - p|uuc submittal which does not meet zone code requirements; and the application seems to be going through the process because of time constraints involved with e previously ap- proved conditional use permit for the subject site. Planner Kevin Wall stated that a new policy has been enacted, subsequent to accep- tance of this application; and this typo of submittal will no longer be accepted. He mcumd that this application was already in process; and it has gone through the process even though it has had a number of deficiencies. Mr. Bob Fag]lao" General Manager of Waste Management Partners of Bozeman, noted that he has the existing conditional use permit for the subject slte. He noted that personally he is in favor of this application because it would add recycling capabilities to the garbage transfer station. He stated that the corporation is neutral on this application. Mr. Fag!iamo then stated that if the Commission denies this application, his corporation will immediately begin construction of the transfer station which was approved under the origi- nal conditional use permit. Mr. Fag|ianv then reminded the Commission that when he submitted his application, he had an engineer from Cheyenne, Wyoming' present to show a video and discus, garbage transfer stations and how they operate. He then stated that this application provides an alternative to that operation, as evidenced in the video shown by Mr. Rich|en. Ms. Shannon Walden, 2124 Worth Rouse Avenue, stated support for this application, noting it provides a recycling opportunity for the community which currently does not exist. She also expressed an interest in seeing Montana Recycling have an opportunity to develop a garbage transfer station rather than a multi-national corporation. Ms. Walden then stated she does have some concerns about the proposed develop- ment. She expressed concern that adequate containment of the |cachatn be ensured, to avoid any further contamination in that area. She noted the subject area is very fragile; and it must he treated as gently as possible. She then noted that she is a user of L Street, as well as the other streets in that immediate area; and she oro|s it is important that sensitivity be shown for the residents of that area as well as other users of those roadways. She then suggested that the traffic for this development be required to use North Wallace Avenue, East Tamarack Street and North Rouse Avenue to gain access to the site. Ms. Walden noted that the City's landfill will not be accepting the baled garbage from this facility; however she suggested that it may be in the City's best interests to redefine what it will and will not accept at its landfill. Mr. Rick Niels, 718 South 12th Avenue, stated support for the proposal as submitt- ed. He noted he has been involved with Montana Recycling in various communities around the state; and he would like to see an updated facility constructed in Bozeman, He fur- -3s- tber noted that the subject site is appropriately zoned for this type of development; and he feels it could accommodate this use with potential problems being easily mitigated. Mr. Mois noted that the issue of noise from an after-hours drop-off facility has been raised, reminding the Commission, that the nearest residence is quite a distance from this commercially zoned site. He noted that development around the subject site is com- mercial or industrial in nature except for a few residences located along East Tamarack Street. He then stated that he visited the Billings facility, noting that he could not hoar the garbage baler when be was standing outside the building, Mr. Meis stated that he does have concerns about the proposed use on the subject site, including water quality because of the high water table in that area. He stated it is imperative to ensure that this facility does, not negatively impact the fragile nature of that water table, which has already been damaged by other businesses in the area, Mr. Meis then stated that traffic will be a problem, particularly with the existing road system in, Bozeman. He suggested that since there is no roadway designed for com- mercial traffic to that area it is an issue that should be addressed by the City anyway. Mr. Rick Me|s then encouraged Commission approval of this application. Mrs. Jennifer Bra|| 1014 South Tracy Avenue, stated support of the proposed gar- bage transfer station/ recycling nanaar^ She noted that with the advent of the volume- based rates in Bozeman, it is important that an outlet for recycling be provided. She noted that at the present time, Montana Recycling is the only operation accepting card- board, newspaper and glass; and those are =v^y`'high volume, high weight items. She then concurred with Ms. Walden's concerns about the potential for contamination of the under- ground water system in the area noting that care must be taken to address that issue, Mr. D�an riggins' 716 East Oak Street, stated he is a City employee, serving as the Fire Marshal, and a member of the Development Review Committee. He stated that during that Committee's review of this application, he did not °oma against the project. He stated, however, that as a citizen of Bozeman and closest resident to the subject site, he is opposed to this application. He noted that he lives across the interstate from the sub- ject site; and be has chosen to live there for twenty years. Mr- Fi0gins stated that the residents have been assured that the subject develop- ment will not have u great impact on the area; however, he feels that traffic will be a ma problem, particularly with increased usage of L Street. He also expressed concern that with the addition of this garbage transfer station/ recycling center. L Street will be- come more of a dumping area than it already is particularly since that street is located between this proposed facility and the City's V^ndNo, Mr. Figgina stated that a garbage transfer station/ recycling center is needed in the community, and he does support recycling; however, he does not believe the subject site 06-17-9| -3o- io an appropriate location for such a facility. Mr. Sidney Davis, 701 East Oak Street, stated his property lies 600 feet north and east of the proposed garbage transfer station. He stated that he has lived at this ad- dress, in a subdivision called Paradise Vista, for 45 years. He then noted that all of the residents of that subdivision, except for one, is present at this public hearing; and all are opposed to this application. He stated that the zoning of the surrounding area has changed since ho purchased his property; and it has occurred at someone u[sc/s request. Mr. Davis then expressed concern about the negative impact which this proposed development would have on L Street, particularly since it often has 18-inuh-u,,p ruts in |t, Mr. Davis also expressed concern about the water table and the flow of the under- ground water in that area noting that any drainage from the subject site will flow directly toward his residence. He noted there are at least nine shallow wells in that immediate area; and at least two of those have already been polluted by the Idaho Pole operation. Mr. Davis stated concern about the type of wastes which might be processed through the garbage transfer station, noting that any kind might be included in the gar- bage dumped at that facility. He then encouraged the Commission to require that all oper- ations including all storage, be conducted inside the building, with no outside activities or storage being n||owod. He noted that this might help to somewhat reduce the amount of pollutants that might enter the water table. He further noted that, since this site is readily visible from the interstate, it is important that the appearance of the site be con- sidered. Mr. Davis than noted that the recommendation from the City-County Planning Board was not unanimous, and encouraged the Commission to not approve this application. Mr. Stanley Jensen, 715 East Oak Street, noted that when he moved into his resi- dence, the subject area was entirely residential, except for Idaho Pole. He than ex- pressed concern about the impact this proposal rnv|d have on L Street, as well as the res- idents along that roadway. Mr. Jensen stated that this type of facility will he an asset to the community. He suggested, however, that rather than having it developed on the subject site, the City should use some of its property, possibly closer to the |aou5||. Mr. Jensen then noted that the water table is very high in this area; and he is concerned about the contamination which drainage from the surface of the subject site might create. He also noted it is important that City sewer services be provided to the subject site and that pretreatment facilities be provided to ensure that the waste stream from this facility dn*n not create any problems for the waste water treatment facilities, Mr. ]aka Krnon. 1210 L Street asked what will be done if problems du arise from o6-7z-o1 - 37 - this proposed development. Mr. Tracy Kroon 1803 North Rouse Avenue stated his main concern is the ruad- way' and the traffic to the subject site. He noted that L street is not a wary good road; and a recycling center cuv/a attract a substantial amount of troffic. He stated that traffic from the northeast mmv|u probably use Story Mill uvad/L Street rather than North Rouse Avenue/East Tamarack Stroet/L Street to gain access to the facility. Mr. Bob Fag;iann stated that Three Rivers Disposal is preparing to implement a curbside recycling program for its custnmcrs. He noted that the truck, which they re- cently acquired, is a small one which can be easily maneuvered on the city streets. He also indicated that this vehicle will eliminate a ovbatmnda| amount of the traffic which would otherwise travel to the facility with rucyo|ab|us. Responding to Mayor Hawks, Mr. rag|)ann stated he would be comfortable with a condition which would prohibit his trucks using L Street particularly with the integrity of that roadway. He then rioted that North Wallace Avenue and East Tamarack Street provide good access to the subject site as well as a good access to the freeway. Mr. Earl Nursfmrd 915 L Street, asked if it would be possible to require everyone um,o|ine to the proposed facility to use the City streets rather than L Street. He ex- pressed concern about the current amount of ii|e8e{ dumping which occurs along that road- way. Mr. man F/gSins asked if the residents are to believe that if this application is not approved' Waste Management, Inc_ will proceed with its garbage transfer station. Mayor Hawks stated the existing conditional use permit held by Waste Management Inc., is valid until October 1991, Mrs. Jennifer Beall noted it appears that the City has a choice between a garbage transfer suu[vn constructed by Waste Management Inc., and a garbage transfer station/ recycling center constructed by Montana Recycling. She d`cm asked what specific plans the applicant has for addressing the |eacba»a issue, Mr, Mork Kich|en stated that the bales of garbage will be stored inside the build- ing; and the only exterior activity will be loading of those bales onto tr"chs. He noted that the only items which might be stored in the outdoor short-term storage area would be baled cardboard or baled cans which would present no |eaohatc problems. Mr. Ricx|pn then stated that' with this baler system, the clean-up will be e dry onm. He noted, therefore, there will be no washing down of the floors and no need for a pretreatment program or City sewer service connection for the floor area. He further noted that the discharge from this site will be regulated by the State of Montana. Responding to Mayor H'a*ka, Mr. Rich|*n stated he has no problem with meeting the requirements for discharge from the subject site noting that Montane Recycling has met oo-17-81 -s8- them in other locations throughout the state. He also indicated that he has no problems with meeting the City's zone coda requirements pertaining to landscaping and other site improvements. Commissioner Swanson noted it appears that this application could create potential serious impacts to the northeast sector of the community particularly if L Street is used. He then indicated he is not sure that the recommended conditions really address those po- tential impacts. Mr. uicmem stated that most of the traffic is anticipated from the south and west; therefore, be feels that the traffic on L Street will be minimal. Responding to Mr. Stanley Jensen, Mr' Rich|on stated that the dry process for cleaning will be used; therefore, the potential for groundwater contamination is greatly re- duced, He then noted that the garbage bating process will create no more fluids than the typical packer truck as it travels down the street. He noted that since the garbage will be dumped on a cement floor in an enclosed area the garbage can be much better con- trolled throughout the various handling processes. He then indicated that the odors will be minimized ommm with using a dry cleaning process, possibly through the use of vonnm equipment. Commissioner Swanson noted that some concern has been raised that the railroad spur line which abuts the subject site will be used for bringing in solid wastes from other areas. Mr. Rich|m` responded that they will not be conducting that type of oparatiom. He noted that if the railroad line were vxcd it would be to send bales of specific rrcyc[ab|ns such as cardboard, out. Responding to Commissioner Knapp, Mr. Rich!en stated that the garbage brought into the garbage transfer station/recycling center will be from Bozeman and the surround- ing area, possibly extending outside Gallatin County. Responding to Mr. Earl Horsfnrd Mr. Rich/on stated that the original proposal did include a xunk"p to City sewer and o floor washing program. He stated that the proposal forwarded by Montana Recycling does not include such a program; therefore the oRC rec- ommended that the sewer line to the floor of the facility be eliminated. He noted, hnw- *var that the rcstrpnm area will be connected to the sewer system. Mr. Fas|iaoo noted that Three Rivers Disposal proposed in their application to pro- vide si0nage which would direct people away from the north end of L Street; and he sug- gested that Montana Recycling provide the same type of signagr or otherwise provide those directions to its customers. He then stated that under the original Three River, Disposal, a sewer hook-up with pretreatment facility was required because under their operation, water clean-up was necessary because they proposed to drive over the garbage with a oo-n-yx - ry - large-hred vehicle. He noted that with the techno|o0y proposed in this facility, that type of clean-up is not necessary, thus reducing the potential for contamination from the facil- ity. Responding to Mr. Sidney Davis Mr, Murk Richlen stated that the only relationship between Montana Recycling, Inc., and Three Rivers Disposal and Waste Management, Inc., is the cvntractura/ arrangement for purchase of the subject site. He noted that' other- wise, they are totally separate corporations. Responding to Commissioner Frost, Mr. Rich/en stated that he is not certain where the solid waste would be transported; however, he noted it will be to a landfill that can accommodate bales. City Manager Wysocki carefully reviewed the contents of Planner Wall's memo dated June 13. He noted it includes a condition that the applicant pave L Street from its in- tersection with Pear Street to the edge of the pavement on North Wallace Avenue, which was inadvertently omitted. He also noted that the Planner has indicated that the previous agreement by Waste Management, Inc., to provide waivers of protest for the creation of special improvement districts runs with the land; however, he suggested it would be bene- ficial on have those waivers spelled out in approval of this application to ensure that they are not forgotten. The City Manager then reminded the Commission that this application must go back through: the Development Review Committee and the Design Review Board prior to final ap- proval. Associate Planner Kevin Wall noted that the Commission may either approve the ap- plication subject to review and approval by the nRC and the DRB or it may require final review and approval authority after those bodies have taken action. Responding to Mayor Hawks, the Commissioners expressed a desire to continue this public hearing until after the DRC and the DRB have had an opportunity to review the application once again. Responding to Mayor Hawks, Associate Planner Wall stated that the applicant will control when this application comes back to the Commission, noting that some of the items, being requested, such as a traffic study and waste water report, could take an extensive amount of time to prepare. Mr. Doug Stewart, President of Montana Rcovdmg' Inc., stated that after the first traffic study was submitted the staff requested another traffic study, which was complet- ed and forwarded to the City. Planner Wall responded that he did not foe[ the traffic study requested was provid- ed. He noted that the Director of Public Service and the Street/Sanitation Superintendent have requested that a condition of approval be that an adequate traffic study be cnmp|ot- 06-17-91 ed. Mr. Stewart stated that the original traffic study filed was the one completed by Three Rivers Disposal for their application. He then stated that their second traffic study has been based on u count of their Customers; and he feels there is no other basis upon which a relatively accurate study can be provided. He reminded the Commission that the Bozeman Recycling Center, which is a part of the Montana Reoyo/io0 Inc., operations, is located at 725 East Cottonwood Street, which is close to the subject site. Responding to Mayor Gawks Mr. Stewart indicated they are being pressured by Three Rivers Disposal because if they do not exercise their option to purchase the subject site, Three Rivers has only a short time within which to substantially complete con- struction of their garbage transfer staflon. Following discussion, the applicant indicated it is possible that he could have the requested information gathered by mid-July. The City Manager suggested that the Commission could take action on th* applica- tion, even if not all of the requested information has not been provided simply by attach- ing conditions which will require that information prior to final site plan approval. Mr. Tom Anacker legal representative for Montana Recycling, Inc., reiterated the urgency for action on this application, noting that his clients have until the end of the month to determine whether to purchase the property. Mr. Bob Foy{iano stated that the process was started a long time oBo' with the in- dication that it would be completed in March. He then noted that he no longer has any control over the situation, rather, it is in the hands of the corporate headquarters in Chicago. He stated that Montana Recyc|ing's option has received two extensions, with the second one expiring in mid-July. He stated it is important for Waste Management to know whether the Montana Recycling application is to be approved, particularly since they must be prepared to begin development of the site immediately if this application is denied. Mr. Anacker noted that Montana Recycling has submitted another preliminary site plan; however it has not been forma/k' recognized or reviewed by staff to date. He not- ed that plan essentially addresses all of the seven deficiencies noted earlier in this hear- ing. Commissioner Knapp noted the many unanswered questions and issues surrounding this application. She then noted it is difficult to consider this application without knowing what will be done to mitigate the concerns of the neighborhood. Commissioner Swanson noted his concern about how the various elements involved in this application will be enforced. He further expressed concern about the impacts this de- velopment would have to the northeast sector or the community, particularly L Street. He then noted that it may he possible to attach appropriate conditions to adequately address n6-(7-8z - 41 - those concerns. Commissioner Goehrung stated an interest in having a clear identification of the ac- tivities to be conducted voaur this application, and how they differ from those under the previously-approved conditional use permit for this subject situ. He also requested a deer indication of the level of service needed to support the proposed activities at this garbage transfer station/ recycling center. The Associate Planner stated that the original traffic study indicates 26 average daily trips to the subject site, which he finds very low. Commissioner Knapp requested that a copy of the original cond|tinnal use permit ap- proval for Three Rivers Disposal be included in the Commissioners' packets for review. Responding to Mr. Fag|ianu the Mayor indicated that staff and the Commission would be willing on receive and review any information wkidh may more adequately portray the type of services to be provided by this type of facility, and the impacts it may have an the immediate area. Mayor Hawks continued the public hearing to 7:88 p.m. on Monday July 15 1891, as the first item on that evening's agenda' A djournment There being no further business to come hvrnnp the Commission at this thnc it was *nv*4 by Commissioner Swanson, seconded by Commissioner Knapp' that the meeting be auj*vrned. The motion carried by the fw||"=in8 Ay, and No vote: those voting Aye being Commissioner Swanson Commissioner Knapp' Commissioner Gmchrong Commissioner Frost and Mayor Hawks; those voting No, none. o6-D-y1