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HomeMy WebLinkAbout1991-08-19 Minutes MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 19, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 19, 1991 , at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. City Manager Wysocki asked that the requested deviations for Connell Chevrolet-Buick-Geo-Toyota and the requested deviations for Harrington's be re- moved for discussion. Minutes - August 12, 1991 Mayor Hawks deferred action on the minutes of the regular meeting of August 12, 1991 for a period of one week. Update from Police Department on laws re crosswalks City Manager Wysocki reminded the Commission that this item was requested by Commissioner Swanson. Chief of Police Boyer reminded the Commission that he had forwarded to the Com- mission excerpts from the State statutes and the Bozeman Municipal Code pertaining to pe- destrians and bicyclists. The Chief then provided some statistics regarding the issuance of 169 citations in- volving bicyclists and/or pedestrians during the period January 1 , 1990 through July 29, 1991 , as follows: 7 failure to yield right-of-way to pedestrians by vehicles, 1 failure to yield right-of-way to pedestrians by a bicycle, 22 stop light violations by bicycles, 18 stop sign violations by bicycles, 47 citations for riding bicycles at night without a headlight, 10 violations for bicycles riding the wrong way on a one-way street, 60 violations for bicycles riding on sidewalks, 1 speeding in a school zone violation on a bicycle, 1 arrest for carry- ing a concealed weapon, 1 riding with no hands on the handlebars, and 1 obstructing jus- tice. Commissioner Swanson stated he has observed that it is not uncommon to enter a crosswalk and have to wait for six or seven cars to pass before one will stop. He also noted it seems that drivers are apprehensive about stopping, because they fear getting rear-ended by someone who does not stop, and because they fear that vehicles traveling in 08-19-91 - 2 - the other lane may not stop for the pedestrian. He stated that he has heard others make similar comments, noting concern for the safety of those pedestrians who may try to cross the street in the crosswalk. He noted that it appears that cars typically will not stop un- less a pedestrian is very close to the lane of travel; and children in particular are very reluctant to step off the curb. The Commissioner then stated his interest in seeing cross- walks become a safe place to cross a street, as well as an interest in having drivers feel comfortable with stopping at crosswalks for pedestrians who wish to cross the street. Responding to the City Manager, Chief of Police Boyer stated that the law clearly indicates that, when traffic control signals are not in operation, a pedestrian has to be in or approaching the lane of travel before a vehicle is required to yield, whether the cross- ing is striped or signed or not marked at all. He noted that a vehicle cannot swerve out of the lane of travel to miss a pedestrian without violating the law. He then stated that when a person is crossing mid-block, there are no rules requiring the vehicle to yield. Chief Boyer stated that the Police Department is beginning to concentrate on cross- walk violations in an effort to make people more aware of the laws governing vehicu- lar/pedestrian issues. Commissioner Swanson stated that he had requested this item be placed on the agenda as a reminder to the community that crosswalks should be a safe place in which to cross a street. Chief of Police Boyer stated that school will be starting next week; and his depart- ment will be concentrating on crosswalk enforcement as a part of the STEP's targeted ef- forts. He noted that this will include not only crosswalks around the schools, but in the entire community. The City Manager reiterated the point that no signs or paint are needed to denote a crosswalk, rather, pedestrian crossings must be observed at any intersection of two streets. Commissioner Swanson noted that some members of the Bozeman Area Bicycle Advi- sory Board (BABAB) are in attendance at this meeting. He noted it is one of the goals of the Board to try to educate and help in the enforcement process. He then asked the BABAB to review the information which he has just submitted to the Commission, as well as the excerpts from the State statutes and Bozeman Municipal Code which he distributed a few weeks ago. He also asked them to provide feedback and recommendations, particularly regarding the licensing of bicycles. Chief of Police Boyer noted there seems to be a lack of understanding that bicycles must operate under the laws for motor vehicles. The Commission thanked Chief Boyer for his presentation. 08-19-91 - 3 - Discussion - possible implementation of optional flat rate dumpster fees for garbage col- lection The City Manager submitted to the Commission a memo from Director of Public Ser- vice Phill Forbes, dated August 7, regarding this issue. Director of Public Service Forbes noted that staff has received a number of re- quests from those garbage collection customers with dumpsters for the creation of a flat fee for dumpsters, rather than requiring them to utilize the tag system. He noted that he has, therefore, taken the base information for the volume-based rate system and developed some proposed dumpster fees, using the same basis as the existing tag system. He stated that the fees would be charged on an annual basis, noting that, while this proposed sys- tem does use the same rate structure, it is certainly less flexible than the tag system. The Director then reviewed the proposed annual assessments under this optional dumpster fee system, noting that it is in increments of one-half cubic yard. He suggested that to decrease the annual assessment, the size of the dumpster must be decreased; and that is the reduction incentive part of the program. He stated that the cost of collecting garbage from a one-cubic-yard dumpster, based on the cost of 90 cents for a 33-gallon- container tag, is $4.55 per week. The annual assessment would be based on that per- week cost, plus the base rate for residential units as set forth in the existing resolution setting the garbage collection rates. He stated that in his review of this issue, he has found some commercial accounts which cannot be adequately described by a specified num- ber of residential units; and he has attempted to establish a more equitable base rate of $62.50 per cubic yard per year for those accounts. Director of Public Service Forbes suggested that if the Commission chooses to ap- prove this optional flat rate dumpster fee, it should be implemented as quickly as possible. Responding to Commissioner Swanson, the Director indicated he feels it is important to include a provision in the proposed program which would allow the City to assign the flat rate fee on those accounts where difficulties are experienced on an on-going basis. City Manager Wysocki stated that, upon clear direction from the Commission, staff will bring back a resolution for Commission action. Commissioner Goehrung stated the ad hoc committee discussed with staff the fact that dumpster accounts create the most problems for a volume-based rate structure. He then recommended that the Commission direct the staff to create a resolution implementing this optional flat rate dumpster fee for multi-family and commercial accounts, including the provision that the City may assign this fee on dumpster accounts where problems recur. Mr. Charles Crouse, landlord, stated he was unaware of this proposal until he read the newspaper yesterday. He stated that in August, he talked to the Director of Public Service about the problems that landlords with garbage dumpsters were incurring with the 08-19-91 - 4 - new volume-based rate system. He then requested additional information, noting that he has heard no figures which might reflect what the actual annual costs might be for this proposed assessment method. Commissioner Goehrung stated that this is an optional fee system for the program which is currently in place. He noted that, while those property owners with multi-family or commercial accounts with dumpsters may wish to take advantage of this alternative, it is not a mandatory revision of the existing rate structure. Commissioner Frost stated that the Commission is not approving anything at this meeting. He noted, rather that if they choose to do so, they will direct the staff to bring back a resolution, at which time the Commission will take action. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission direct staff to bring the proposed optional flat rate dumpster fees back in res- olution form for consideration at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Deviation to not require applicant to pave and curb the rear parking lot on Lot B, Block 1 , Amended Plat of Kirk's Second Subdivision - Connell Chevrolet-Buick-Geo-Toyota, 1735 West Main Street; per DRB recommendations City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items, at Commissioner Frost's request. He further reminded the Commissioners that they had received information at last week's meeting, which they could not consider when making their decision on the variance requests for these same items. Commissioner Frost stated that he had requested this item be placed on the agenda after the variance failed at last week's meeting because it was determined not to comply with the criteria. He then suggested that, as conditions for approval of the requested de- viations, the applicant should be required to install all improvements within one year of the approval of the requested deviations and that the applicant will take care of dust abatement within the subject parking lot. He also suggested that the site plan show where the landscaped detention area will be. The Commissioner stated he feels it is important that wheel stops be required to protect the landscaping around the parking lot. He sug- gested that meeting these requirements will provide a plan which is superior to the code requirements and should address any problems which may arise from this proposed parking lot not being paved and curbed. Commissioner Swanson asked if the applicant can meet the requirement that a formal site plan for the building proposed on Lot B be filed within nine months from granting of these deviations, as recommended in the memo from Associate Planner Kevin Wall dated Au- 08-19-91 5 - gust 19, 1991 . Mr. Jerry Gaston, engineer representing the applicant, stated he has no problem with the proposed timeframe. He then stated that he will be prepared to go through the site plan approval process prior to any additional development on the site, within the tim- ing set forth in the zone code. Commissioner Swanson stated that under this recommended condition, the applicant will be required to pave the subject parking lot if no additional development is proposed within the next nine months. Mr. Gaston stated he is not sure that his client has any plans to build within the next nine months. He then suggested that some of the items discussed before the DRB and the DRC in conjunction with this deviation request were not appropriate. He stated that the landscaping will meet the code criteria for the proposed parking lot; and any fu- ture development of the site will be subjected to a site plan review and approval. He then indicated that, following an extensive discussion, the DRB unanimously approved this ap- plication. Responding to Mayor Hawks, Mr. Gaston stated that during discussions before the DRB, it became apparent they felt it would not be appropriate to require paving of the parking lot, knowing that at some time in the relatively near future, it would be torn out for further development. He further noted that the subject parking lot is located in a re- mote portion of the parcel, and is not visible from the entryway corridor. He stated the applicant wishes to continue the existing use of this lot as an unpaved parking area until he is ready for further development, which may be several years; however, no additional development will be undertaken without a site plan review. Commissioner Frost noted that in the staff report, staff has suggested that a dust abatement program be required if the parking lot is to remain unpaved. Commissioner Knapp stated her major concern is dust abatement. She then noted that this requested deviation is actually temporary in nature, since the entire lot must be improved to meet the zone code requirements when it is developed. Mr. Gaston stated his dissatisfaction with the proposed nine-month limitation on submittal of a site plan for Lot B. City Manager Wysocki stated that staff has been informed that a proposal for devel- opment of Lot B may not be forthcoming for quite some time; and the proposed condition to implement a nine-month limitation on the submittal of a site plan is suggested to ensure its timeliness. Commissioner Swanson stated he is not comfortable with the staff's proposed lan- guage for the recommended additional condition contained in the August 19 memo, suggest- ing a revision which would delete the requirement for curbing of the lot. 08-19-91 - 6 - It was moved by Commissioner Frost that the Commission approve the deviations re- quested by Connell Chevrolet-Buick-Geo-Toyota, 1735 West Main Street, to not require paving and curbing of the rear parking lot on Lot B, Block 1 , Amended Plat of Kirk's Second Subdivision, subject to the following conditions: 1 . That landscaping include the proposed trees on the west side, shrub- bery on the north side and landscaping on the east side and around the garbage dumpster; 2. That wheel stops be installed to keep automobiles from encroaching on the landscaping around the parking lot; 3. That storm drainage be accommodated through a landscaped detention area and shown on the plan; 4. That the applicant maintain adequate dust abatement for the lot; and that failure to maintain said program shall result in voiding this de- viation, thus requiring paving and curbing of said parking lot; and 5. That the applicant shall install all improvements for the unpaved parking lot within one year from this date. The motion failed for lack of a second. Commissioner Frost stated that he feels the requested deviation is appropriate, giv- en its location and the proposed requirements for a dust abatement program and landscap- ing to screen the site. Commissioner Goehrung stated he cannot support approval of the requested de- viation. He noted that this deviation was the subject of a variance request, which the Commission denied last week; and he does not feel it is appropriate to approve it as a de- viation. He also noted that the subject parcel is located within an entryway corridor; and he does not feel that deviations can be appropriately granted in such corridors at this time. He expressed concern that approval would result in increased enforcement, and a determination of what is acceptable and unacceptable in a dust abatement program for a parking lot located in an urban environment. Mayor Hawks stated that he concurs with Commissioner Frost's comments. He in- dicated, however, that he feels the deviation is appropriate and suggested that the proposed time constraints for submittal of a site plan might create a hardship on the appli- cant. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the deviations requested by Connell Chevrolet-Buick-Geo-Toyota, 1735 West Main Street, to not require paving and curbing of the rear parking lot on Lot B, Block 1 , Amended Plat of Kirk's Second Subdivision, subject to the following conditions: 1 . That the applicant provide landscaping around the unpaved parking lot, as provided in his proposed minor site plan, except for the potentillas; 2. That wheel stops be installed to keep automobiles from encroaching on the landscaping around the parking lot; 08-19-91 - 7 - 3. That storm drainage be accommodated through a landscaped detention area and shown on the plan; 4. That the applicant maintain adequate dust abatement for the lot; and that failure to maintain said program shall result in voiding this de- viation; and 5. That the applicant shall submit to the City a formal site plan applica- tion for a building proposal on Lot B within nine months of the granting of the deviation. If no such proposal is received, the appli- cant shall pave the lot within one year of the granting of the de- viation. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp and Mayor Hawks; those voting No being Commissioner Goehrung and Commissioner Frost. Preliminary plat review - Platinum Subdivision, Phases I and II - 13.4-acre tract known as Tract 10, Northeast Annexation (east side of 1700 block of North Rouse Avenue) - Daniel Sebena This was the time and place set for review of the preliminary plat for the Platinum Subdivision, Phases I and II , a 13.4-acre tract known as Tract 10 of the Northeast Annexation, as requested by Daniel Sebena. The subject site is more commonly located along the east side of the 1700 block of North Rouse Avenue. Assistant Planner Debbie Arkell presented the staff report. She stated that the subject parcel is located across North Rouse Avenue from Lehrkind's Bottling Plant. She stated that under this subdivision application, the subject 13.4 acres is to be divided into 23 industrial lots, to be completed in two phases. Bozeman Creek divides the subject par- cel into two approximately equal parcels; and the applicant has proposed a 60-foot-wide floodplain easement on both sides of the creek, as well as a 36-foot-wide bridge across the creek. She stated that the subject property is zoned M-1 , Light Manufacturing; and the Master Plan land use designation is business park/industrial. Planner Arkell briefly reviewed the history of this subject site. She noted that on August 19, 1981 , preliminary plat approval was granted for eight lots in Platinum Subdivi- sion, with a request for a one-year extension of that approval being denied on July 14, 1982. She stated that in May 1984, the applicants once again received preliminary plat ap- proval on a proposal basically identical to the application currently before the Commission; and a one-year extension of that approval was granted in May 1985. She stated that un- der that approval, the fifteen-inch "Sebena Northeast Sewer Trunk" line was substantially completed; therefore, sewer collection for the proposed subdivision is in place. She noted that water service can be accommodated through extension of a water main from the exist- ing main in North Rouse Avenue. The Planner stated that the lots range from .192 to .979 acres in size. She noted that while all of the lots meet zoning requirements, staff is concerned that Lots 7 and 8 in 08-19-91 - 8 - Phase I will have minimal building envelopes and has suggested that the lots be enlarged or combined. Planner Arkell stated that the primary access to the subject subdivision will be from North Rouse Avenue, on Platinum Street. She stated that an additional internal street, Platinum Drive, will provide access to many of the lots within the subdivision. She noted plans for a north/south street which will run north to Griffin Drive, noting that the ap- propriate right-of-way must be dedicated for that street. She further noted that a secon- dary road is to be constructed when Phase II is developed; and the developer will be required to sign a waiver of right to protest the creation of a special improvement district for future improvement of that access. Planner Arkell stated that parkland dedications are not usually required for com- mercial subdivision; however, the Master Plan classifies the Bozeman Creek corridor as a portion of the linear parks and trails system. She noted, therefore, that staff is recom- mending that a 20-foot-wide linear trail easement be provided along the east side of Bozeman Creek, and can be located within the 60-foot-wide floodplain easement. Assistant Planner Arkell stated that, at its meeting held on August 6, the City-County Planning Board conducted its public hearing on this application, and evaluated the application based on the eight public interest criteria contained in the State statutes. She stated that, following that review, the Board found the proposed subdivision to be in general compliance with the Master Plan, subdivision regulations and zone code. She stat- ed, therefore, the Board concurred in the staff recommendation for approval, subject to 32 conditions. She noted that a number of those conditions will ensure that the existing sew- er main complies with City standards. Responding to Commissioner Frost, the Planner stated that construction of the streets will include curb and gutter. She noted that the sidewalks can be installed either when the street is constructed or when the lot is developed. She stated that, since this is an industrial subdivision, the City's sidewalk policy to require installation of all side- walks when the subdivision is 50 percent developed does not apply. Responding to Commissioner Goehrung, the Planner stated that the issue of requiring a waiver of right to protest the creation of a special improvement district for the improvement of Griffin Drive has not been raised during review of this application to date. Responding to Commissioner Swanson, the Planner stated that installation of under- ground utilities is a part of the subdivision regulations; therefore, it does not need to be specifically addressed in any of the conditions for approval of this application. Mr. Roger Meyer, Morrison-Maierle, indicated he is the applicant's representative. He stated that, after review of the staff report, the applicant has found nothing contro- versial. He stated, however, the applicant is concerned about the Board's recommended 08-19-91 - 9 - condition regarding signing of an improvements agreement for the linear trail. He stated the applicant basically agrees with the concept of the linear trail system; however, he does not want to be responsible for future improvements to the trail, especially since no type of development plan has been created to date. He then reminded the Commission that this is a commercial subdivision; and parkland dedications are not typically a requirement for such subdivisions. Responding to Mayor Hawks, City Manager Wysocki suggested the Commission should address the concern raised by Mr. Meyer, since this is a commercial subdivision. Commissioner Swanson stated that he feels the 20-foot-wide linear trail easement is generous; and he does not feel it is appropriate for the City to ask for more. Commissioner Frost noted the trail easement is located within the floodplain, which is non-buildable anyway. He then suggested that the development community should give something to the community; and he feels that the proposed condition is appropriate. Responding to Commissioner Goehrung, the City Manager stated that since the issue of a waiver for Griffin Drive has not been raised before, he would need an opportunity to talk with staff prior to making any recommendation on the issue. Commissioner Goehrung then noted that all previously-required waivers have been for that portion of Griffin Drive lying west of North Rouse Avenue; and this subdivision lies along the east side of North Rouse Avenue. Responding to Mayor Hawks, the City Manager stated that lift stations are typically avoided unless determined absolutely necessary because of maintenance and operation costs involved. The Mayor stated his interest in ensuring that the City is protected in this regard, especially if a lift station becomes a liability. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the preliminary plat review for Platinum Subdivision, Phases 1 and 11, for a 13.4-acre tract known as Tract 10, Northeast Annexation, requested by Daniel Sebena, subject to the following conditions: 1 . That a minimum 100-foot cul-de-sac shall be installed at the termina- tion of Platinum Street on the west side of the creek (Phase 1) , and the location of the cul-de-sac be reviewed and approved by the City Engineering, Street and Fire Departments prior to final plat approval of Phase I; 2. That an accurate, detailed, and updated infrastructure status report for all sewer, water, roads and bridges be submitted to the City En- gineering Office prior to final plat approval of Phase I; 3. That any infrastructure improvements (water, sewer, lift station, streets, etc. ) previously installed must have been installed in compli- ance with City, State and Federal requirements (including plan and specification approval) , and as such: a. Inspection and testing records, engineering certification, and as-built documents (mylars) must be provided to the 08-19-91 - 10 - City Engineering Office; b. Previously installed sewers and any additional installations must be T.V. inspected at the applicant's expense and T.V. tape copies and engineer's certification provided to the City; C. The sewer lift station must be complete, operational, and comply with current State and City requirements prior to final platting of the Phase II development; and d. Any necessary sewer/water easements must be provided; These requirements must be met prior to final plat approval of Phase 1 , unless otherwise specified; 4. Any additional infrastructure improvements (i.e. , additional sewer mains, sewer services, corrective construction, water main installa- tion, stormwater system, or street and bridge improvements) which need to be installed must have current plan and specifications ap- provals from the City of Bozeman and Montana Department of Health and Environmental Sciences, and be completed prior to final plat ap- proval of Phase I; 5. The ultimate ownership, operation and maintenance responsibilities for the sewers, lift station and water system must be resolved prior to final plat approval of Phase I; 6. New floodplain development permits and/or 310 stream crossing per- mits, as well as floodplain permits for any fill work in the 100-year floodplain, must be applied for and approved by the City Engineering Office prior to final plat approval of Phase 1; 7. Drainage calculations and detailed plans and specifications for the storm drainage improvements and maintenance must be reviewed and approved by the City Engineer's Office prior to final plat approval of Phase 1; 8. Drainage easements must be provided for all subdivision drainage im- provements, including ditches, placed on private lots. Said ease- ments must be shown on the final plat and be submitted to the City Engineer's Office prior to final plat approval of the Phase which said easements affect; 9. An Access Permit for Platinum Street onto North Rouse Avenue must be obtained from the Montana Department of Transportation prior to final plat approval of Phase 1; 10. A stop sign shall be installed at the North Rouse and Platinum Street intersection and street signs shall be installed at the intersection of all streets, as approved by the City Street Superintendent; 11 . The north-south secondary road at the east side of Phase II shall be given a name, approved by the City Engineer's Office, prior to final plat approval of Phase 11; 12. The 30-foot private right-of-way easement on the east side of Lot 5, Phase II shall be changed to a dedicated right-of-way prior to final plat approval of Phase 11; 13. A dedicated north-south secondary road shall be built to City stan- dards, with a paved 28-foot wide surface prior to final plat approval of Phase If. A Waiver of Right to Protest the Creation of SID's for future improvements to the secondary road shall be signed by the property owner(s) prior to final plat approval of Phase 11; 14. The applicant shall sign a Waiver of Right to Protest the Creation of SID's for improvements to North Rouse Avenue prior to final plat ap- proval of Phase l; 15. The north cul-de-sac street off Platinum Street shall be named Plati- num Drive and shall be shown on the final plat of Phase I; 08-19-91 - 11 - 16. A concrete header shall be installed at the termination point of the asphalt on Platinum Street and Platinum Drive; 17. Sidewalks along both sides of Platinum Street and Platinum Drive must be installed under either of two scenarios: a, concurrently with street construction; or b. with each individual lot improvement (building construc- tion) ; 18. Utility easements must be 20 feet wide (except sewer and water ease- ments shall be 30 feet wide) , and shall be placed along all exterior lot lines throughout both phases. Said easements shall be shown on the final plats; 19. A fourth fire hydrant shall be located between the bridge and North Rouse Avenue, with the location reviewed and approved by the Fire and Water Departments and shown on the final plat of Phase I; 20. The Protective Covenants shall be changed per the Staff recommenda- tions contained within the Staff Report, and reviewed and approved by the Planning Staff prior to final plat approval of Phase 1 ; 21 . That the existing septic tank and drainfield on Lot 12, Phase 1 , be abandoned at the time the property is connected with City sewer, and that the septic tank be exposed, pumped and filled; 22. That a weed control plan be approved by the County Weed Control Officer for both phases of the subdivision prior to final plat approval of Phase 1; 23. That the 60-foot flood plain easement be expanded to note that an un- disturbed 5-foot natural vegetative buffer shall be left on both banks of Bozeman Creek, with said note to be shown on the final plat of both phases; 24. That a "no access" strip be shown on the final plat of Phase I for the North Rouse Avenue frontage of Lots 1 and 14, Phase 1 , as well as on the final plat of Phase If for the north-south secondary road frontage of Lots 4 and 5 of Phase II; 25. That the 30-foot wide Montana Power Company gas line easement which crosses Lots 3 and 4, Phase 11 be accurately shown on the final plat of Phase 11 with a note that no building may be constructed over the easement; 26. That the property descriptions contained in the Certificate of Dedica- tion for both phases contain a point of beginning reference, and the point of beginning be marked on the face of the plats; 27. That the final plat of both phases must contain the following certifi- cates, in addition to those shown on the preliminary plat, where nec- essary: a. If the sewer and/or water lines are to be private lines, a Certificate of City Engineer and Certificate of Water Super- intendent regarding the installation of the central water and sewer system, per Section 16.26.040.B. of the Bozeman Area Subdivision Regulations shall be shown on the final plat of both phases; b. Certificate of Improvements, per Section 16.40.060; and C. Certificate of Planning Director, per Section 16.40.070; 28. That the Engineer's Monument Data shall be shown on the face of the final plats for both phases; 29. That a 20-foot wide linear trail easement be supplied on the east side of Bozeman Creek, within the 60-foot floodplain easement, and that said easement be shown on the final plat of Phase 11 ; 08-19-91 - 12 - 30. That the final plat of both phases include a note stating that due to relatively high groundwater, the use of gravel and carefully designed building footings are recommended, and if a basement is proposed to be constructed, that it is suggested that the groundwater be moni- tored for one year prior to construction; 31 . That the final plat of both phases indicate that the subdivision is proposed for industrial uses; and 32. That if the final plat of Phase I is to be filed prior to all improve- ments being installed and approved by the City of Bozeman, i.e. Platinum Drive, the developer shall enter into a Subdivision Improve- ments Agreement with the City of Bozeman, and that it be secured by an acceptable method of security equal to one and one-half times the amount of the cost of installation of the remaining scheduled improve- ments. The Improvements Agreement shall contain a construction time schedule. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Deviations to Sections 18.50.120.B.10. , 18.50.120.B.1 . , and 18.65.130.B.5.e. of the inter- im zoning ordinance - Harrington's, 403 West Main Street and 412 West Mendenhall Street - re existing sign and parking lot; per DRB recommendations The City Manager reminded the Commission that he had requested this item be removed from the Consent Items, at Mayor Hawks' request. Assistant Planner Jesse Aber presented the staff report. He stated that under this application, the applicant is seeking deviations to Section 18.50.120.B.10. , to not require the six-inch by six-inch continuous concrete curbing around the entire perimeter of the parking area; from Section 18.50.120. B.1 . , to not require an 18-foot-wide aisle for one-way traffic in the Main Street parking lot; and from 18.65.130.B.5.e. , to not require removal of the existing rotating sign. He briefly highlighted the staff's recommendations as well as the DRB recommendations for each of these three requested deviations. The Planner stated that the applicant has proposed the installation of concrete curbing along landscaped areas; however, they desire to use concrete wheel stops for the parking spaces. He stated that, following review of this request, the DRB recommended some additional curbing around landscaped areas but concurred with the request to allow concrete wheel stops, particularly due to the transitional state of development for the sub- ject area. He then stated that the applicant has provided more than the required number of parking spaces; therefore, the DRB recommended that the request for two parking spaces in front of the tri-plex not be approved. He also indicated that the applicant must take the necessary steps to ensure that drainage from the parking lots is retained on-site rather than allowed to drain into the alley or onto West Mendenhall Street, as proposed. The Planner stated that the code requires an 18-foot-wide aisle for one-way traffic; however, the applicant has proposed a 15-foot-wide aisle for the Main Street parking lot. He stated that after its review of this request, the DRB recommended approval. 08-19-91 - 13 - Planner Aber stated that under the code, signs may not extend over the public right-of-way or easement, except within the Main Street Historic District. He stated that the existing rotating sign does revolve 2.5 feet into the right-of-way; therefore, it en- croaches when it is perpendicular to the street, or 50 percent of the time. He indicated that, upon recommendation of staff and the DRB; however, the speed of the sign must be reduced to two revolutions per minute to meet code requirements. He further noted that this recommendation for approval has been made since the balance of the signage on the property has been substantially reduced and brought into compliance with the code. The Planner also noted that the applicant is removing two freestanding signs and lowering another to eight feet, with a square footage of 32 feet. He stated that the appli- cant is allowed one freestanding sign for each street frontage; however, he is proposing only one such sign along West Mendenhall Street. He then stated that the applicant is al- lowed an aggregate of 144 square feet of signage, not counting the freestanding sign; and he has proposed a total of 107 square feet. Responding to Commissioner Frost, Planner Aber stated the applicant has proposed to surface the 6.5-foot-wide grass boulevard strip along the front of the tri-plex. He in- dicated that the DRB recommends approval of that request, with the condition that the ap- plicant plant two minimum 2-inch diameter deciduous trees in the strip. Planner Aber stated that the existing redwood fence along the west side of the West Mendenhall Street lot provides an adequate screening for the adjacent residential use. He further noted that the code allows an approved fence as a substitute for a buffer strip. He also stated that to require a buffer strip would require another deviation for aisle width because of the additional space it would require. Commissioner Goehrung stated that he is not comfortable with a deviation for signage in an entrway corridor. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the following deviations, as requested by Harrington's, 403 West Main Street and 412 West Mendenhall Street: (1 ) from Section 18.50.120.B.10. , to not require the six-inch by six-inch continuous concrete curbing around the entire perimeter of the parking area; (2) from Section 18.50.120.B.1 . , to not require an 18-foot-wide aisle for one-way traffic in the Main Street parking lot; and (3) from Section 18.65.130.B.5.e. , to not require removal of the existing rotating sign, subject to the following conditions: 1 . That continuous curbing be provided around the landscaped features in the parking areas, as proposed by the applicant; 2 . That the speed of the revolving sign be reduced to two revolutions per minute, per code requirements; 3. That the applicant be allowed to surface the 6.5-foot-wide boulevard strip in front of the tri-plex, with the requirement that the applicant plant and maintain two minimum two-inch caliper deciduous trees, with 08-19-91 - 14 - the appropriate spacings, within the existing boulevard area; and 4. That the existing redwood fence along the west side of the West Mendenhall Street parking lot be allowed to remain as the buffering mechanism for the residential use to the west. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No being Commissioner Goehrung. Presentation from Mark Hinshaw re draft design objective plans for entryway overlay corri- dors The City Manager stated that Mr. Mark Hinshaw, consultant from Bellevue, Washington, who is preparing the design objective plans, is present to review his draft document, dated July 23, 1991 . Mr. Mark Hinshaw, consultant, stated he has been working with the Planning staff, Development Review Committee, Design Review Board, and Beautification Committee while developing the draft design objective plans for the entryway corridors. He stated that the draft guidelines are to be considered a working document which is open for discussion and revision. He noted that the staff has already forwarded items to be addressed, including the criteria to be utilized for sign deviations in the entryway corridors, since that concept has been re-inserted in the zone code. Mr. Hinshaw then reviewed the basic structure of the draft document. He stated the first portion is several pages long, containing several general objectives and illus- trations for each of the objectives. The second portion is entitled "guidelines" and sets forth guidelines for all entryway corridors, then for each specific corridor. He stated that the issues of site development, building design, and signs are addressed in each of these sub-sections. Mr. Hinshaw stated that this document is designed as a guideline; and it is not the intent to reflect code language. He noted, therefore, the language is softer, more flexible and more visionary than the language one finds in a zone code, including "shoulds" rather than "shalls. " Mr. Hinshaw then suggested that when the City is prepared to adopt the design objective plans, it should do so by resolution rather than ordinance. He noted this docu- ment is supplemental to the City's zone code; and it would be easier to revise over time if adopted by resolution. He stated that this document should give people advanced warning about the major issues involved in developing a site in an entryway corridor, as well as provide an overall framework and context for reviews before the various boards and com- missions. Mr. Mark Hinshaw stated he plans to have a public workshop in about a month, at 08-19-91 - 15 - which time he will take comments from the public as well as the City's personnel and boards. He then projected that in late October, he will forward a finalized document, for public hearings before the Planning Board and the City Commission in November. He not- ed that document will include illustration and photos, and will be more visionary in nature. Mayor Hawks suggested that the Commissioners review the document a page at a time, forwarding any concerns they may have with the draft. The Commissioners then forwarded the following comments. Page 7. Mayor Hawks suggested that signs be integrated into the design of the project, which would support the deviation process. Mr. Hinshaw suggested that if someone has a single sign, it could be considered at the administrative level, with deviations going to the Design Review Board to be con- sidered in light of the criteria established for deviations within entryways. Mayor Hawks stated the code provides for a 20-percent maximum amount of deviation within the entryway corridors. Mr. Hinshaw stated willingness to revise the draft design objective plans to provide for deviations for signs within entryway corridors. Page 9. Commissioner Knapp suggested that under No. 2, wheel stops should be required to keep vehicles from overhanging onto an abutting walkway, rather than provid- ing an option for planting of low ground cover. She noted that low ground cover can be covered with snow for many months of the year; therefore, it would not provide the needed protection for the walkway. Page 10. Commissioner Knapp suggested that No. 5 be revised to address screen- ing of dumpsters from above as well as all four sides, particularly when multi-story struc- tures are close. Mr. Hinshaw cautioned that to require screening of the top as well as the sides, one must take several factors into consideration, including the height needed to mechan- ically dump a dumpster. Page 11 . Mayor Hawks expressed concern about the proposal to use expansive areas of glass under No. 2, given the local climate. He suggested that some alternatives might be added to this section. Page 12. Commissioner Knapp suggested that the issue of using liberal amounts of glass should be considered under No. 4, in conjunction with the above suggestion. Page 13. Commissioner Frost noted that No. 3 suggests that higher signs need more street trees. He noted that during discussions about the height of signs, it was noted that as the trees grow larger, signs may become lost unless they are under the canopy. Mr. Hinshaw responded that there are many angles from which a sign can be seen. 08-19-91 - 16 - He further noted that, since people are generally moving when they are looking for a sign, it may be blocked from view for a short period of time; however, it shouldn't create any problems. He then stated that once the trees lose their leaves, there is no visibility problem. He suggested that he is not sure that a problem exists to the extent that the Commissioners are concerned. Page 15. Commissioner Frost noted the proposed installation of trees in a row perpendicular to the road. He stated that, while he recognizes what is being attempted with this proposal, he is more concerned about pedestrian comfort and safety. Mr. Hinshaw stated this proposed configuration for planting of trees was not meant to preclude the planting of street trees. He noted, rather, this would place emphasis on side lot lines and provide a different character from the traditional urban style. He then noted that this concept also generated an interesting debate at the DRB meeting. Commissioner Frost suggested that clumps of trees be added along the street front- ages. Page 18. Mayor Hawks noted that under No. 4, minimum eight-foot-wide sidewalks are recommended. He suggested that, rather than having tree boulevards along the street, it may be better to make the sidewalk wider and plant trees in grates, like in the downtown area. Pages 25 and 26. Mr. Hinshaw stated these pages have been reversed, so they are not in proper order. Page 25. Commissioner Frost noted that parking beside and in front of buildings is suggested; however, parking behind the building is not proposed. Mr. Hinshaw stated that parking for employees and long-term parking would be ac- ceptable in the rear of the structure. He noted, however, that most people want to be able to park close to the front door of the business; and parking should be situated to accommodate that desire. He noted that the suggestion of including parking along the side as well as in front of buildings is to minimize the visible parking area as well as allow for placement of some structures closer to the street. Page 28. Mayor Hawks stated support for the proposal to put landscaped islands along the sides of North 7th Avenue, noting it would serve to visually narrow the street. Mr. Hinshaw stated it is not critical to have the entire outboard lane devoted to planting of trees, which would make it totally unusable. He suggested, however, that to clump trees in strategic locations along the roadway would visually break its negative im- pact while still providing the on-street parking used by customers to several businesses along the street. Page 29. Mayor Hawks noted that signage is not specifically addressed in the Bridger/Rouse Corridor. He suggested that since this is a unique corridor, the signage 08-19-91 - 17 - provisions should also be unique. Page 30. Commissioner Frost noted that the suggested paintings on the concrete abutments for the 1-90 overpass on North Rouse Avenue could help to keep one's eye off the debris which lines either side of the road at that point. Page 31 . Commissioner Frost noted support for the proposal to require shrubs of a height to screen parked cars, as recommended. Mr. Hinshaw responded there are currently some low hedges along the corridors which screen the parking areas; and there is no reason for not planting more. Page 34. Responding to Mayor Hawks, Mr. Hinshaw stated that the design objec- tive plans for the 1-90 corridor must be revised to conform with the zone code regulations. Mr. Hinshaw stated he will revise this draft, forwarding a new draft to the City well before any hearings on the document. The Commission thanked Mr. Hinshaw for his presentation. Break - 5:20 to 5 :25 p.m. Mayor Hawks declared a break from 5:20 p.m. to 5:25 p.m. , in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion - proposed timeline for adoption of zone code/amendments City Manager Wysocki stated the Commissioners had requested this item be placed on the agenda. Mayor Hawks stated that during the past week, he met with Mr. Joe Sabol, City Manager Wysocki and staff to discuss the various options available. He stated that the Commission must decide whether or not to accept the timeline proposed by Mr. Sabol's group, which includes a brief written comment period followed by staff review and public hearings. He cautioned that it may be difficult to maintain the timeframe contained in that proposal, which would be necessary due to the expiration date of the interim zoning ordi- nance. The Mayor stated that the pros and cons of adopting the zone code at this time must be carefully weighed. He noted that to follow the timeline proposed by Mr. Sabol would acknowledge that group's feeling that some revisions are necessary prior to adoption of the code. He noted, on the other hand, that approach would cause the City to contin- ue to use the interim zoning ordinance with its many recognized shortcomings. Mayor Hawks proposed an alternative would be to adopt the zone code as presented today, attaching to that adoption the timeline as proposed for a coordinated 90-day period for proposing, reviewing and considering amendments to the code. He suggested that un- der this scenario, individuals would have a thirty-day period in which to submit written 08-19-91 - 18 - comments to the Planning staff, who would then review the input to determine which proposals would be appropriate to forward through the public hearing process. He sug- gested another option would be to adopt the zone code as it is, and then let zone code amendments occur through the normal processes. Commissioner Frost stated an interest in adopting the zone code now. He noted that the Commission is already 30 days past the tentative date set for adoption of the code because of responding to public input. He expressed concern that following the proposed timeline for incorporating revisions into the code prior to adoption could place the Com- mission too close to the expiration of the interim zoning ordinance. Mayor Hawks noted that the zone code in its current form has been through the full public process, following every required step, and is not a flawed document. He noted that the code can be changed through the amendment process; and he observed that it will be from time to time as previous zone code documents have been. Commissioner Swanson stated support for adopting the zone code at this time, and initiating an immediate 90-day review and amendment process. He noted that adoption of the new zone code will alleviate many of the problems which staff has incurred working with the interim zoning ordinance, while keeping a focus on a specific period for comment. He noted that the proposed 30-day written comment period is an excellent mechanism for people to forward legitimate concerns and proposals; and he feels that the adoption of those amendments determined appropriate could lead to a better document. He also stated an interest in having those comments forwarded to the Planning staff rather than through the Gallatin Development Corporation, as previously discussed. Commissioner Knapp stated that the process to date has been long and thorough; and basically the same document has been in effect as an interim zoning ordinance. She then noted that during the public hearing, the Commissioners listened to a substantial amount of testimony, and they received a petition containing almost 500 signatures from people who are very interested in seeing the zone code adopted. She then questioned whether the Commission should prolong the process every time a concern is raised, partic- ularly since the document is always open for amendment. Commissioner Goehrung stated that many of his concerns, which he has expressed several times throughout the process, have not yet been addressed. He stated that, while the City has met or exceeded the minimum requirements established by law for adoption of the zone code, he feels there are some additional things that could have been done early in the process. He then stated that he is prepared to vote on the adoption of the zone code. Commissioner Frost stated he is prepared to vote, suggesting that a City-initiated 30-day review process should be started at the same time. 08-19-91 - 19 - Commissioner Swanson stated his concurrence with Commissioner Frost's position, as did Mayor Hawks. Mayor Hawks then highlighted the proposed timeline for the amendment process, which includes publishing of a notice in the August 21 newspaper, setting a September 23 deadline for comments. He noted that on October 27, an advertisement for the public hearings before the City-County Planning Board and the City Commission could be run in the newspaper, with the staff reports to be finalized by October 28. He noted the public hearings could be held before the Planning Board on November 12 and before the City Commission on November 25, with adoption of the ordinance implementing the approved zone code amendments to be included on the December 2 and December 16 agendas. City Manager Wysocki indicated it may be difficult to get an advertisement into Wednesday's newspaper; the Mayor responded that Friday's newspaper would be accept- able, noting it will still give a 30-day period for people to respond. Ordinance No. 1332 - adopting the final zone code, dated August 19, 1991 and attendant zoning maps, and repealing all ordinances in conflict therewith The City Manager presented to the Commission Ordinance No. 1332, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE "FINAL DRAFT, BOZEMAN ZON- ING ORDINANCE," DATED AUGUST 19, 1991 , ATTACHED HERETO AS EX- HIBIT "A" WHICH IS INCORPORATED HEREIN BY THIS REFERENCE AS THOUGH FULLY SET FORTH HEREIN, REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILDINGS AND STRUC- TURES FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; REG- ULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND STRUCTURES AND DETERMINING THE PERCENTAGE OF LOT COVERAGE AND ESTABLISHING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING THEM; REGULATING AND RESTRICT- ING THE DENSITY OF POPULATION; ESTABLISHING REVIEW BOARDS AND PROCEDURES; ESTABLISHING DEVIATIONS AND VARIANCES AND REVIEW GUIDELINES AND PROCEDURES THEREFOR; ESTABLISHING ENTRYWAY, HISTORIC AND NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; EN- ACTING A SIGN CODE; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISION; ADOPTING BY REFERENCE THE "FINAL DRAFT OFFICIAL ZONING MAPS FOR THE CITY OF BOZEMAN AND THE EXTRATERRITORIAL ZONING JURISDICTIONAL AREA" DATED AUGUST 19, 1991 , WHICH MAPS DIVIDE THE CITY OF BOZEMAN AND ITS EXTRATERRITORIAL JURISDIC- TIONAL AREA INTO DISTRICTS, SHOWING BOUNDARIES AND CLASSIFICA- TION OF SUCH DISTRICTS; AND REPEALING ORDINANCE NOS. 1329, 1328, 1317, 1315, 1314, 1308, 1307, 1303, 1302, 1294, 1282, 1275, 1271 , 1270, 1258, 1239, 1238, 1237, 1234, 1225, 1224, 1223, 1222, 1221 , 1219, 1217, 1214, 1213, 1212, 1211 , 1209, 1199, 1198, 1197, 1193, 1192, 1191 , 1183, 1182, 1178, 1177, 1165, 1162, 1158, 1157, 1156, 1153, 1151 , 1149, 1148, 1144, 1143, 1139, 1128, 1105, 1099, 1096, 1095, 1092, 1090, 1089, 1088, 1087, 1078, 1073, 1072, 1071 , 1070, 1069, 1068, 1066, 1051 , 1050, 1049, 1048, 1034, 1031 , 1030, 1028, 1022, 1021 , 1016, 1013, 1012, 1008, 1006, 1004, 1003, 992, 991 , 990, 987, 985, 979, 977, 976, 975, 974, 970, 969, 968, 967, 966, 965, 943, 940 AND 935 AND ALL OTHER ORDINANCES AND PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE. City Manager Wysocki noted that a copy of the ordinance was included in the Com- missioners' packets. 08-19-91 - 20 - Planning Director Andy Epple submitted to the Commission a memo dated August 19, listing twenty proposed amendments to the zone code, which he characterized primarily as typographical errors and oversights. He noted, however, there are two amendments which could be construed as more substantive in nature. At Mayor Hawks' request, the Planning Director reviewed each of the proposed amendments, as follows. Nos. 1 through 17 and No. 19 involve typographical errors or oversights during preparation of the final draft. These items have already been discussed previously; and were to have been corrected under prior Commission action. The Planning Director stated that under No. 18, the language regarding sight tri- angles has been revised to refer to another section of the code, rather than setting forth specific requirements. He noted that this will help to ensure consistency in the code now and in the future, particularly if those regulations are changed. The Planning Director then stated that No. 20 has been proposed, to avoid a po- tential conflict in the future. He stated that the code currently requires that signs placed in the public right-of-way be removed or that arrangements be made for their removal. He then noted that the City Manager does issue special revocable permits for signs to be placed in the public right-of-way, subject to specific conditions; and this proposed amend- ment recognizes that process. Responding to the Mayor, Planning Director Epple proposed a new No. 21 amend- ment, based on his cover memo forwarding a proposed revision to the provisions for change of a non-conforming use. Mayor Hawks suggested a subtle language change in the second sentence which would provide that ". . . the Commission shall review and weigh the following criteria . . . ," or possibly "weigh and evaluate. " He noted that this would give the Commission more flexibility in its decisions than the existing language, which requires that the Commission find that all nine of the criteria are met. Planning Director Epple indicated that if the Commission chooses to implement the Mayor's suggestion, grammatical revisions will be needed in the list of the nine criteria. He then reviewed the new language which could be incorporated into the revision, as fol- lows: "To approve the conditional use permit, the City Commission shall determine that the proposed non-conforming use is more appropriate to the district than the existing non- conforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the Commission shall weigh the following criteria: (1) the traffic impacts, both on and off site; (2) the off-street parking and loading requirements; (3) the visual impacts on the surrounding area; (4) the degree of compliance with the adopted master plan and zoning ordinance; (5) the level of conflict with other uses in the sur- rounding area; (6) the presence of other non-conformities in the area; (7) the degree to 08-19-91 - 21 - which any existing unsafe or hazardous conditions would be mitigated; (8) the viability of the subject structure(s) ; and (9) on and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts." Following a brief discussion, the Commissioners concurred in the proposed addition of No. 21 . Commissioner Goehrung stated he feels that 1190+ percent of the code" will help to appropriately implement the master plan; however he feels that public comments about some of the sections have not been adequately addressed. He then reminded the Commission that he had requested that public hearings be held on each of the major sections of the zone code; however, that process was not followed, and signage was the only item upon which the Commission heard substantial public comment. The Commissioner noted that the Commission has met the minimum requirements. He also noted that a number of what he considers major modifications have been made to the document through the process. He then stated his intention to hold his positive vote on this document until the amendment process has been completed, which is currently scheduled to be finalized on December 16. Mr. Joe Sabol, attorney representing the Citizens for Responsive Government, stat- ed that the document which the Commission does not feel is flawed will be if it is indeed adopted at this time. He stated people should know that 109 amendments have been made to the May 31 interim zone code, not all of which are minor or "housekeeping" in nature. Mayor Hawks responded that revisions have been made to the document in response to the public comment which was received during the public hearing. He then stated that the process must be brought to closure at some time, recognizing that is often difficult when a public process is involved. Commissioner Swanson stated that staff has indicated that this zone code is a docu- ment with which they can work comfortably. He then stated he feels it is important that the Commission acknowledge their position, and adopt this ordinance at this time. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1332, adopting the new final draft zone code dated August 19, 1991 , with the 21 amendments forwarded by the Planning Director this date, and the attendant zoning maps dated August 19, 1991 , and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No being Commissioner Goehrung. Recess - 6:12 p.m. Mayor Hawks declared a recess at 6:12 p.m. , to reconvene at 7:00 p.m, for the purpose of conducting the scheduled public hearings and completing the routine business 08-19-91 - 22 - items. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m. , for the purpose of conducting the scheduled public hearings and completing the routine business items. Discussion - recognition of volunteers City Manager Wysocki reminded the Commissioners that this item was requested by Commissioner Knapp. Commissioner Knapp submitted to the Commission a memo, which she noted is self- explanatory. She suggested that, given the time of year, hot spiced cider or juice and donuts or donut holes would be good refreshments. Commissioner Knapp then proposed that buttons be given to all of the volunteers, noting they can be made within the budgeted amount for this recognition. She noted that different colors can be utilized to recognize different lengths of service; and special pins could be given to those who have given an inordinate amount of time and service to the City. She noted that the buttons will be 1 1 /4-inch buttons with the words "City of Bozeman Volunteer. " Commissioner Knapp stated the Commission needs a list of volunteers to be invited, including board members, and an approximate length of time served, by August 30. Commissioner Frost stated support for Commissioner Knapp's proposal. Mayor Hawks noted he had previously suggested that the Commission might want to select one particular volunteer or group which has provided exceptional service. He then suggested that a "Mayor's Award" could be added to the program, and yet remain within the budget constraints. Commissioner Swanson stated he feels that would be appropriate. Commissioner Goehrung suggested trying to get some of the businesses in the com- munity to participate in sponsorship of the program for recognition awards. He noted that this could be accomplished through certificates for various items, such as a dinner for two. Mayor Hawks stated that he and Commissioner Knapp will meet next week to finalize plans for the volunteer recognition. Public hearing - Conditional Use Permit for a mixed commercial/residential Planned Unit De- velopment on 117.867 acres located in the NEJ and SEV of Section 26 and SWJ of Section 25, T1S, R5E MPM (Northeast corner of Springhill and US 10) - Beatrice and Susan Taylor This was the time and place set for the public hearing on a Conditional Use Permit, requested by Beatrice and Susan Taylor, for a mixed commercial/residential Planned Unit 08-19-91 - 23 - Development on 117.867 acres located in the Northeast one-quarter and Southeast one- quarter of Section 26 and the Southwest one-quarter of Section 25, Township 1 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at the northeast corner of Springhill Road and U.S. Highway 10. Mayor Hawks opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that the proposed planned unit development is to be located on Tract 1 of Certificate of Survey No. 1498, and Tracts 2 and 3 and portions of Tracts 1 and 4 of Certificate of Survey No. 1498B. He noted the parcel is more commonly located at the northeast corner of the inter- section of Springhill Road and U.S. Highway No. 10, and is commonly known as the Walker property. The Planning Director stated that under this proposed planned unit development, the subject 117.867 acres would be divided into lots for both residential and commercial de- velopment, following the boundaries for the zone map changes which were previously ap- proved by the Commission. The Planning Director briefly reviewed the zoning districts and uses surrounding the subject site, noting the uses include a golf course to the north, public transportation systems to the south, limited single-family residential development to the east and the Waste Water Treatment Plant and limited residential development to the west. Planning Director Epple stated that the design guidelines and architectural sketchbook developed by the applicants are intended to set the standards for development of this proposed planned unit development. He stated that four key elements are to be incorporated into the design principles, including: (1 ) the development will complement the rural landscape and offer open views to the Bridger Mountain Range; also, colors for the buildings are to be in earth tones; (2) the existing farm clusters will serve as a model for the variety of building types and scales; (3) clustering of buildings in small informal groupings to provide efficiency in servicing and maximize sensitive open spaces; and (4) conservation of a major portion of the existing farmland and the floodplain area are critical to the balance between development and open space. Planning Director Epple then reviewed some of the components in the proposed de- sign guidelines which should be carefully addressed. He noted that the applicants propose a maximum ground floor area of 20,000 square feet for retail buildings, while the B-1 zon- ing district has a limitation of 5,000 square feet gross floor area per structure. He then noted the landscaped buffer strips that are to be provided along U.S. Highway 10 and the 1-90 interchange ramp. He suggested that the requirement for landscape maintenance along the north side of the interchange ramp be deleted, since that is under the control of the Highway Department. He suggested that pedestrian circulation should be an important 08-19-91 - 24 - element in the planned unit development, particularly since a variety of retail services is being proposed. He then stated that the City should be made a party to any revisions to the guidelines for this development, to ensure appropriate review of those revisions. Planning Director Epple stated that staff has reviewed this application in light of the six criteria set forth in the Bozeman Municipal Code for conditional use permit applica- tions. He briefly highlighted the staff findings, noting that after that review, staff sug- gests that the application is in general compliance with the 1990 Bozeman Area Master Plan Update and the 1988 Bozeman Zone Code, and recommends approval subject to eleven con- ditions. He then reviewed those conditions, noting that some concern has been raised about the blanket lists of uses proposed by the applicant for the commercial portion of the development. The Planning Director then reminded the Commission of their previous action to ap- prove rezoning of specified portions of the site from A-S to B-1 , R-O, R-2 and R-3. He noted that the Commission had approved that rezoning on March 18, 1991 , and directed the applicant to provide the legal descriptions for each of those zones. He noted that, to date, the applicants have not submitted the legal descriptions to finalize the rezoning be- cause the exact alignment of the off-ramp has not been determined, and suggested that a new condition be added to require that the rezoning be finalized prior to final site plan approval. Planning Director Epple stated that a memo from the Taylors, dated August 19, was included in the Commissioners' packets. He noted that in that memo, the applicants are requesting revisions to Condition Nos. 1 , 3, 4 and 7, as recommended by the Planning Board. The Planning Director stated that under the proposed revision to Condition No. 1 , the total maximum build-out could be a maximum of 70,000 square feet of retail/commercial space on approximately 9 acres. He then noted that, for comparison purposes, Main Mall contains 312,000 square feet of retail space on 39 acres. The Planning Director then addressed the proposed revisions to Condition Nos. 3 and 4, noting that everyone seems to be in general agreement with their proposal to elimi- nate Condition No. 3 and modify No. 4. He noted that the Taylors' proposed revision to Condition No. 7 would allow a maximum of sixteen residential units on Lots 2 and 4 of Block 1 ; and it would further allow that all of those dwelling units could be constructed on one lot. Planning Director Epple stated that the preliminary plat for the subdivision, which is in conjunction with this planned unit development, will be considered by the County Commission at its regular meeting tomorrow. He noted, therefore, there are many overlap- ping reviews between the two governing bodies for this project. 08-19-91 - 25 - Responding to Commissioner Swanson, the Planning Director stated that the concept of this proposed neighborhood business district is very broad. He stated that the purpose of the neighborhood business district is to provide for commercial activities which will at- tract people from that immediate area only. He noted that businesses which attract people from throughout the community and from outside the community are not deemed to be ap- propriate for the B-1 zoning district. Responding to Mayor Hawks, Planning Director Epple stated that since the Commis- sion has previously approved the proposed rezonings, and with the addition of a condition which requires that process be completed prior to final site plan approval, he feels that the process will be occurring in a proper sequence. ,Mrs. Beatrice Taylor, applicant, noted a slight change which has occurred since the maps were prepared. She stated that two townhouse buildings, containing four units each, have been eliminated and that area converted to open space. She then addressed the proposed condition which would allow development of up to sixteen residential units on one lot, or some combination totalling sixteen units on two lots. She stated that under the original proposal, two buildings containing four units each would have been allowed on each of the two lots under consideration. She stated the Fish, Wildlife and Parks Depart- ment has raised a concern that the river may be trying to change its course, and may threaten one of the lots. She stated that to allow the total of sixteen residential units be- tween Lots 2 and 4 of Block 1 to be placed in some optional format on those two lots could allow for a combined density of sixteen units in a configuration that would ensure pro- tection and preservation of the river corridor. Mrs. Taylor then addressed the issue of building size in the retail portion of the development. She noted that the building size should be kept small on the small lots; however, she suggested that for those lots which have a 30-foot embankment for the inter- change, larger structures would be more appropriate. She stated that the proposed re- vision to Condition No. 1 would allow the flexibility she feels is necessary to create the most appealing and appropriate structures possible on those lots impacted by the size of the interchange. She further suggested that, even though one or more structures may be larger in size, they could house different businesses. She reminded the Commission that each structure will be subject to review; and if the project reaches a point where it is po- tentially being overbuilt, there is a mechanism for not allowing a proposed additional structure. Mrs. Taylor stated that under her proposal, a total of 70,000 square feet of build- ing would be constructed on Blocks 3 and 4. She suggested that a two-story building would be very suitable against the 30-foot-high embankment of the interchange ramp; and a 20,000-square-foot building would then be constructed on a 10,000-square-foot footprint. 08-19-91 - 26 - She further noted that meeting the code requirements for parking, landscaping and trees will definitely prevent overbuilding of the lots. Mrs. Beatrice Taylor then addressed the condition added by the Planning Board regarding Fish, Wildlife and Parks Department approval for siting of structures within the proposed planned unit development. She noted that the FWP operates in an advisory ca- pacity only; and she suggested that the condition be revised to reflect their advice rather than approval. Responding to Mayor Hawks, Mrs. Taylor stated that her daughter owns the prop- erty to the east of the subject site, and that currently contains her residence and agricul- tural land. She stated that the property across the river is owned by Tom McGuane, and it is also in agricultural production. Responding to Commissioner Swanson, Mrs. Taylor stated that when they first be- gan to prepare the application for this project, Susan researched the history of the old buildings on the site and found limited information on the old homestead. She stated it is their intent to leave the old buildings, particularly the house and the barn, intact; howev- er, she suggested that some of the smaller structures may not be worth saving. She then indicated that they will not intentionally tear down any viable structures in the homestead. She further indicated that they have not considered any preservation measures to clean up or fix up the existing structures. Further responding to Commissioner Swanson, Mrs. Taylor stated that, initially, they had proposed a bicycle path along the road inside the property line. She stated, however, that the POST Committee recommended that the bike path be located along Campbell Road, which runs through the planned unit development; and she has no problem with that proposal. Responding to Mayor Hawks, Mrs. Taylor stated that fishing access is an issue that must be carefully addressed, particularly in light of the fragile area which exists close to the bridge on Springhill Road. She further noted that concern has been raised that with the additional development in that area and the additional access, more people would be attracted to the area and disturb more of the natural habitat. Mayor Hawks also noted concern about providing more access at the bridge area. Ms. Susan Taylor, applicant, stated that she met with Mr. Dick Vincent, Fish, Wildlife and Parks, and they discussed the possibilities of providing fishing access from Manley Road and Springhill Road. Commissioner Frost suggested that to include bike paths on all of the roads within the planned unit development could be beneficial, since they could provide access between the residential and commercial portions. Mayor Hawks noted the quality of the development proposed and the need for main- 08-19-91 - 27 - taining as much flexibility in development as possible. He expressed concern, however, about the proposed use list for the B-1 area, because of its size and the number of B-2 lists included. He noted the intent of the B-1 district is to provide services which resi- dents in that immediate area may need on a day-to-day basis; and he does not feel that many of the proposed uses meet that intent, i.e. , shoe repair and shoe shine store, photographic studio, dry cleaning and laundry establishment for drop off/pick up service, and audio-visual equipment sales and rental. The Mayor then stated that development of this planned unit development should be compatible with the core area of the community and not in conflict therewith. He expressed concern that to develop a retail core in this area could encourage people to exit at this interchange, rather than serving as the neighborhood business district, which its zoning reflects. Mrs. Taylor stated agreement that a strong downtown Bozeman is vital, noting they do not envision competition with that core area in any way. She suggested, rather, that many of the proposed uses would, in fact, be only drop-off or collection points, with the dry cleaning or shoes or whatever to then be taken into Bozeman for actual service. Mayor Hawks asked what mechanisms are available to ensure that this proposed B-1 district, with the use list requested by the applicant, does not become a shopping center. Mrs. Beatrice Taylor responded that the landscaping and architectural guidelines will ensure that. Ms. Susan Taylor stated that much of the B-1 property is located within the entryway corridor and, therefore, would be subject to that type of review. Mayor Hawks reiterated his concern about the degree of activity that could occur under the proposed use list for the B-1 portion of this planned unit development. He fur- ther noted there is a difference of opinion on how much this could impact the downtown area. Commissioner Frost stated concurrence, noting that 49 of the 57 proposed uses are B-2 uses; and all of them are listed as B-3 uses. He also expressed concern that 70,000 square feet of commercial development could compete with the downtown area rather than typifying a neighborhood commercial district. He further expressed concern that if the project changes hands, then there are no assurances of that individual's vision or how the development will occur within this planned unit development. Ms. Susan Taylor asked if there are any particular uses contained on the proposed use lists which the Commissioners wish to have stricken, or if an adjustment is needed in the total square footage allowed in the neighborhood business portion of the planned unit development. Mayor Hawks suggested that information be prepared by the Planning Staff for next week's meeting, so the Commissioners have a proposal to discuss prior to proceeding with 08-19-91 - 28 - action on this application. Mr. Darrel Behrent, 208 Lindley Place, noted he has watched the East Gallatin Riv- er change its course over the years. He then suggested that a provision be included that, if someone builds in an area which the river later damages or washes away through a channel change, the City and the County will not be expected to mitigate the damages. He noted that is a natural event that could very possibly occur at some time in the future. Commissioner Swanson stated an interest in input from the Bozeman Area Bicycle Advisory Board on the proposed bike path along Campbell Road. He also suggested that there be additional discussion surrounding the Walker Homestead and whether or not a condition should be added pertaining to preservation of that property. He further re- quested some definite language regarding fishing access. Mayor Hawks continued the public hearing to 3:30 p.m. on Monday, August 26. Public hearing - Conditional Use Permit - Steven Ungar - allow private school for grades 6-12 on the east 88 feet of Lots 19-24, Block 34, Capitol Hill Addition (418 West Garfield Street) This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Steven Ungar, to allow a private school for grades six through twelve on the east 88 feet of Lots 19 through 24, Block 34, Capitol Hill Addition. The subject lo- cation is more commonly known as 418 West Garfield Street. Mayor Hawks opened the public hearing. Assistant Planner Jesse Aber presented the staff report. He stated that the re- quested conditional use permit is to allow the Headwaters Academy to relocate its private school for grades 6 through 12 to 418 West Garfield, which was previously a 7,600- square-foot sorority house. The Planner stated that the Headwaters Academy is a rapidly growing school; and they are seeking approval for up to 35 students, with six to eight staff members. The Planner stated that there are four deviations needed in conjunction with this conditional use permit, due to the existence of non-conforming features on the property. He then reviewed those requested deviations, as follows: 1 . From Section 18.50.120.B.1 . , for the aisle width at the south edge of the property; 2. From Section 18.50.120.B.1 . , for the aisle width on the east edge of the property; 3. From Section 18.50.120.A.6. , to leave the one parallel parking space along the alley unsurfaced; and 4. From Section 18.50.120.A.10. , to leave the surfaced parking area as is and continue to use concrete parking stops rather than continuous curbing for the perimeter of the lot. Planner Aber submitted to the Commission pictures of the alley and the parking lot 08-19-91 - 29 - to show the Commissioners why the deviations are being requested. The Planner stated that, following review of the requested deviations, the DRB recommended approval of three of the four. He stated that the DRB recommended approval of the deviations to the aisle widths on the south and east edges of the property, and the deviation to the requirement for continuous curbing around the parking lot, thus allowing the existing concrete wheel stops to remain; however, they recommend that the single non-paved parking space be paved. Planner Aber stated that staff reviewed the application for conditional use permit in light of the six criteria set forth for such reviews, and subsequently recommended approval subject to fourteen conditions. He then highlighted the findings of that review, noting that it was determined that this proposed use would be less intense than the previous uses as a sorority and a fraternity. He noted that many of the staff members at this private school are also teachers at the University; and both teachers and students will be encouraged to walk to the school. He stated that, based on American Planning Association standards, it has been determined that the existing twelve parking spaces meet the intent of the City's zone code. The Planner stated that, following its public hearing on this application, the Planning Board concurred in the recommendations forwarded by the DRC and the DRB as well as the staff, except for one condition for the CUP, and recommends approval of the application subject to thirteen conditions. He noted that, while the Planning Board indicated no problem with requiring a waiver of protest to the creation of an SID for improvement of the alley, they were opposed to requiring that the portion of the alley adjacent to this subject parcel be paved at this time. Responding to Commissioner Swanson, Planner Aber stated that the Fire Marshal raised concern about fire suppression in the facility, noting that the basement will be sprinkled. He noted that at such time as adequate fire suppression and sprinkling can be demonstrated, the applicants will be allowed to use all available cooking facilities; however, at this time they are willing to accept the limitation to stovetop cooking only. Mr. Steven Ungar, attorney representing the Headwaters Academy, stated that it would be inequitable for the City to require the applicants to pave that portion of the alley adjacent to their property when none of the remaining alley is paved. He stated that they would be willing to pay their pro-rata share at the time the entire alley is paved. He noted that this proposed use will generate less traffic than 'has been generated by past uses. Also, the private school will create a daytime only activity, rather than being a residential facility. He then encouraged Commission approval of the application, noting the school is anxious to relocate as quickly as possible. 08-19-91 - 30 - Commissioner Swanson noted that at the southeast corner of the property, there is a very high hedge. He noted that backing into the alley from the angle parking adjacent to that hedge could create potential safety hazards and conflicts between vehicles, bicycles and pedestrians. Mr. Ungar noted the hedge could be trimmed. He then stated it is not anticipated that very many cars will utilize the parking lot; but he also recognizes the need to avoid potential safety problems. Mayor Hawks noted that this is a prime location for illegal parking to occur and asked if the school is prepared to deal with that issue. Mr. Ungar responded that they will take the appropriate steps to address repeat offenders. Ms. Mary Ann Liebmann, 7177 Jade Hill Lane, stated that she is trustee for the building and member of the Delta Gamma Sorority. She noted that the hedge along the southeast corner of the property has not presented any problems in the past; however, she noted that since younger people will be utilizing the facility, it may be beneficial to trim it. Mr. William V. Ogle, resident at the corner of South 5th Avenue and West Garfield Street, noted the extreme parking problems which exist in that area, particularly with the college students, faculty and staff parking off-campus. He then expressed concern that the increased traffic created by this school, and the attendant backing into the alley, will create even more problems. Mr. Timothy Tate, Headmaster of the Headwaters Academy, stated the school will have a maximum of 35 students, and of those students, maybe a maximum of 10 will drive. He stated that parents will drop off students in the alley. He then noted that students and faculty will be discouraged from driving, stating he does not anticipate more than three or four cars in the parking lot at any one time. Mr. Claud Matney, 119 West Cleveland Street, stated he is a parent, board member for the Academy and neighborhood resident. He then stated he is very much in favor of the requested conditional use permit, stating he feels it will be an improvement over other possible uses of the property. Ms. Karen Ore, 1116 South Black Avenue, stated her son will be attending the school this year; and she is pleased that he will only have eight blocks to walk. She then encouraged approval of the application. Mr. John Knudsen Martin, 4735 Meadow Lane, stated he will be the math and science teacher; and his daughter will attend the Academy. He stated that he anticipates riding with his wife; therefore, he will not be using a vehicle. He noted the philosophy of the school is that cars will be used as little as possible. 08-19-91 - 31 - Mr. Mike Owen, 181 Jackson Creek Road, stated his son will be attending the Academy; and he will be riding with his mother, who is on the MSU faculty. He then stated support for this application and encouraged Commission approval. Mayor Hawks closed the public hearing. Commissioner Swanson stated he feels this proposed use would be less intense than past uses. He also noted that traffic should become a lesser problem for the neighborhood under the proposed neighborhood parking district, which will remove the long-term MSU- related parking that currently exists. He then addressed the proliferation of bicycles in the community, particularly around the campus, noting that the BABAB is attempting to respond to the issue through proposed bike routes and educational programs. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the customary one-week waiting period for land use decisions be waived. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Commissioner Goehrung announced a potential conflict of interest, since his wife may be offered a part-time teaching position at this school, noting he will abstain from voting on this item. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the deviations from (1 ) Section 18.50.120.B.1 . , for the aisle width on the south edge of the property; (2) Section 18.50.120. B.1 . , for the aisle width on the eat edge of the property; and (3) Section 18.50.120.A.10, to leave the surfaced parking area as is and continue to use concrete parking stops rather than continuous curbing for the perimeter of the lot; and further approve the Conditional Use Permit requested by Steven Ungar, under Application No. Z-9180, to allow a private school for grades six through twelve on the east 88 feet of Lots 19 through 24, Block 34, Capitol Hill Addition, subject to the following conditions: 1 . That a snow storage area be designated on the final site plan. Snow is not to be moved from the subject property to the alley; 2. That the existing surfaced parking areas be repaired or patched to the satisfaction of the Engineering Department. The DRB is not rec- ommending the deviation requested to leave the parallel parking space along the alley unsurfaced and has conditioned approval on paving that space; 3. That deviations from the Code be secured for the non-conforming conditions relating to parking area aisle width and concrete curbing from the City Commission through DRB recommendations; 4. That the applicant sign a Waiver of Protest for future improvements to the alley adjacent to the subject property, to be shared on a pro- rata basis among the owners of other property abutting the alley; 5. That the required parking spaces be delineated with painted striping and the concrete parking stops rearranged to meet the standard spec- 08-19-91 - 32 - ifications of the zoning code; 6. That no residential or overnight use be allowed on the subject prem- ises as a condition of approval. Future residential or overnight use must be the subject of further review by the Planning Office and in- clude full notification to the Building Department and the Fire Depart- ment; 7. That no use be made by the applicants of the existing kitchen cook- ing facilities with the exception of stovetop heating; 8. That only the entry-level or main floor and the second floor of the structure are to be used by the Academy. The basement and the lower level floors are not to be used as a condition of this permit; 9. That although the basement is not to be used by the Academy, a basement sprinkler system will be required, if it is determined that the line must exceed two inches in diameter, plans and specifications prepared by a Professional Engineer must be submitted to and ap- proved by the City Engineer; construction inspection and post-construction certification must also be provided by a Professional Engineer; 10. That seven (7) copies of the final site plan containing all of the con- ditions, corrections and modifications approved by the Development Review Committee, shall be submitted for review and approved by the Planning Director within six months of the date of D.R.C. approval. Signed copies shall be retained by the Planning, Building, Street and Sanitation, Engineering, Water and Sewer, and Fire Departments. One signed copy shall be retained by the applicant; 11 . That the applicant shall enter into an Improvements Agreement with the City to guarantee installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, con- struction plans and methods of security shall be made a part of that Agreement; 12. That a building permit must be obtained within one (1 ) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a Building Permit is issued; and 13. That if occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half (1 and 1/2) times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; how- ever, 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 and Mayor Hawks; those voting No, none. Commissioner Goehrung abstained. Break - 8:50 to 8:55 p.m. Mayor Hawks declared a break from 8:50 p.m. to 8:55 p.m. , in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - District Court Judge's opinion on subdivision review authority The City Manager stated that City Attorney Becker has requested this item be placed on the agenda. 08-19-91 - 33 - City Attorney Becker stated that in his brief in the City's suit against the County, he raised the question of why some forms of government are treated differently from other forms of government regarding regulation of subdivisions outside city limits; however, he stated the Judge did not acknowledge that question in his decision. He then stated there are certain time constraints for appealing a decision, and asked the Commission for direc- tion on whether or not he should proceed with an appeal. He noted that filing of an ap- peal will not cost the community any money, just his time. He noted that the appeal to the Supreme Court will include written arguments, and possibly oral arguments, if the Court so decides; then it will make its decision. Responding to Commissioner Knapp, the City Attorney stated the City has nothing to lose by appealing Judge Sherlock's decision. He noted the City has had some commu- nication with the County about subdivision review; however, he stated he does not know how serious those communications have been. Commissioner Frost stated the County Commissioners previously indicated they did not want to talk about anything which was under litigation, noting that if the City appeals the District Court Judge's decision, their position will remain the same. He then suggested the outcome may be better if the City and the County develop an interlocal agreement than it will in the court system. He suggested another option might be for all Commission/Manager forms of government in the State to file a class action suit. The City Attorney reminded the Commission of the time constraints for filing of an appeal. He estimated the appeal process to take approximately six to nine months, noting that he could terminate the appeal at any time during the process. City Manager Wysocki suggested that the Commission approach the issue by trying to seek a legislative change, and try to work something out with the County in the mean- time. Mayor Hawks noted that when the process was first started, the Commission decided on a two-pronged approach, a legislative change as well as a judicial remedy, to be con- current. City Attorney Becker responded that the City forwarded the proposed legislative change; however, changes in subdivision regulations were not very successful in the re- cent legislative session. Commissioner Knapp stated support for proceeding with an appeal, noting the City should seek legislative change as well. City Attorney Becker noted the potential for County approval of a subdivision with- in the City's zoning jurisdictional area which would meet the subdivision regulations but which violates the City's zoning regulations. He then noted that in Missoula County, the City and the County have an agreement that the County will not approve a subdivision 08-19-91 - 34 - which conflicts with the zoning regulations. Commissioner Frost stated he feels it is the State that should be asked to provide the remedy; and the City should be working with the County rather than locked in legal battle with them. He then suggested there is a brighter future in working with the Coun- ty than in going through the court system. Commissioner Swanson suggested the possibility of stating the City's intent to ap- peal the District Court Judge's decision unless an agreement in principal can be reached quickly. Mayor Hawks stated the City had an informal working arrangement with the County on subdivisions; however, that was interrupted by the County Commission and the County Attorney. He also expressed concern that an interlocal agreement may be terminated by either party, stating he feels the City needs more protection. He noted that the County is in the upper position at the present time; and he feels it is important for the City to proceed with an appeal. Commissioner Goehrung stated he shares Commissioner Frost's concerns about the adversarial position which an appeal will create; however, he is also concerned about the problems and additional costs that could be incurred in future annexation of developments which do not meet City standards. He also stated that more restrictive regulations in the jurisdictional area should lead to a better level of development. He then noted that if the City is able to work something out with the County in the interim, that would be fine; however, he feels the question should be addressed formally. Commissioner Frost suggested that Mayor Hawks write a letter to the County Com- mission stating the City Commission's concerns and its willingness to drop the suit if the governmental entities can work together. Mayor Hawks noted that would be a possibility. He stated, however, that he does not feel that entering into an interlocal agreement without judicial or legislative action would be in the City's long-term best interests. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize and direct City Attorney Becker to proceed with appeal of Judge Sherlock's decision regarding subdivision review authority to the State Supreme Court. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No being Commissioner Frost. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. 08-19-91 - 35 - (1 ) Minutes from the County Commission meeting of August 6, 1991 . (2) Minutes from the County Commission's special budget hearing held on August 8, 1991 . (3) Daily minutes from the County Commission for the week of August 5, 1991 . (4) Agenda for the Highway Commission meeting to be held on Thursday, August 22, at Fairmont. (5) Letter from Sharon Smith, 112 Silverwood Drive, dated August 12, 1991 , re- garding the dangerous curve on South Third Avenue at its intersection with Wagon Wheel Road. (6) Notices of special meetings scheduled for Wednesday, August 21 , and Thurs- day, August 22, for the purpose of conducting work sessions on the budget for Fiscal Year 1991-92. (7) Agenda for the DRC meeting scheduled for 10:00 a.m, on Tuesday, August 20. (8) Agenda for the DRB meeting scheduled for 4:00 p.m, on Tuesday, August 20. (9) Agenda for the City-County Planning Board scheduled for 7:00 p.m. on Tuesday, August 20, in the Commission Room. (10) City Manager Wysocki submitted his weekly report, as follows. (1 ) Fire De- partment personnel are in the process of inspecting all facilities on campus and familiar- izing themselves with changes that have occurred in the various buildings. (2) Swimming lessons ended at Bogert Pool on Friday; however, the pool will remain open through Labor Day for open swimming. (3) The Swim Center is closed for two weeks for major mainten- ance, and will be open for school sessions. (4) Registration is open for the after school program, which will begin September 3 at the Lindley Park Center. (5) Met with Mike Lilly and landowners along Sourdough Ridge to discuss possible agreement for a ridge road, noting the City is acting as a facilitator in this matter. He then indicated that Mr. Lilly has requested that the decision for High Ridge Estates be placed on the agenda. (6) Noted that TBS is filming a movie in this area, and has selected Livingston as its head- quarters. (7) Reminded the Commission of the NLC Congress of Cities scheduled for De- cember 12-16 in Las Vegas. (8) Proposed that Steve Cottrell and Craig Brawner be sent to Leadership Bozeman IV as City attendees, since none of the Commissioners can attend this session. (9) Met with representatives from the Citizens for Responsive Government and Mr. Joe Sabol last week. (10) Water usage for this past week was quite high, run- ning over 10 million gallons per day during the week. (11) Announced that stored water in Hyalite Reservoir has been reduced because of the construction project; however, the City has approximately 60 to 70 days' supply remaining. He noted it is projected that a 08-19-91 - 36 - minimum of 500 to 600 acre feet will be left at the end of the irrigating season. (12) Noted that staff is reviewing possibilities for creation of a tax increment financing district. (13) Street Department crews are preparing South Willson Avenue for an overlay project. (14) Administration has developed a drug and alcohol abuse policy, effective July 26, 1991 , for all City employees. (11 ) The City Manager noted that Commissioner Knapp has distributed a memo, dated August 19, regarding the volunteer recognition scheduled for 2:00 p.m. to 4:00 p.m. on Sunday, September 22, at the Lindley Park Center. (12) Commissioner Knapp noted she has had a large amount of company this sum- mer; and many of those individuals have stated appreciation for Bozeman's downtown. (13) Commissioner Frost asked about what staff is doing to respond to the pet- ition for crosswalks on North Wallace Avenue at East Lamme Street, particularly since school will begin next week. (14) Mayor Hawks noted he has received a note regarding a telephone call from a Mr. McShane, resident near the intersection of North Grand Avenue and West Peach Street, concerned about the billboard sign for the "welfare home" and the connotation which it creates for that area. (15) City Manager Wysocki suggested that the Commission write a letter to Plan- ning Director Epple, thanking him for the efforts which he and Assistant to the City Man- ager Brey put into completion of the zone code. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for permission to conduct "Walk America" for March of Dimes - Saturday, September 28, 9:00 a.m. - 10k walk beginning and ending at Bogert ark; limited to sidewalks and walkways wherever possible Request for expansion of sewer service area to include Walker Property Planned Unit Development - Reeves Taylor Enterprises; per staff rec- ommendations _Authorize City Manager to sign - Change Order No. 3 for the Lyman Creek Water System Improvements, Phase III - Bozeman Sand and Gravel - add $0 and 55 calendar days Claims It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Com- missioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Executive session re litigation City Attorney Becker requested that the Mayor exercise his option under Section 08-19-91 - 37 - 2-3-203(4) , Montana Code Annotated, and the attorney/client privilege to close the meeting and enter into an executive session for the purposes of discussing the issues surrounding the recent decision and award in the case of Mark Story Construction versus the City of Bozeman. Mr. Al Knauber, reporter for the Bozeman Daily Chronicle, stated his objections to closure of the meeting, noting that the public interests would be better served by having the meeting remain open. At 9:25 p.m. , following determination that public discussion of a litigation strategy would have a detrimental effect on the City's litigation position, Mayor Hawks called an executive session for the purpose of conducting discussion on issues surrounding the recent award in the case of Mark Story Construction versus the City of Bozeman and requested that all persons except the Commissioners, City Manager, City Attorney and Clerk of the Commission leave the room. At 10:15 p.m. , Mayor Hawks closed the executive session and re-opened the regular meeting. Adjournment - 10:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. 08-19-91