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HomeMy WebLinkAbout1991-08-05 Minutes CORRECTIONS TO MINUTES August 5, 1991 Page 2 - Line 15 - after "adoption of the" insert "amendments to the" before "zone code" - Lines 30-31 - change to read ". . . been administratively difficult to date. " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 5, 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 5, 1991 , at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Swanson was absent in compliance with Section 7-3-4322(2) , M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - July 1 and July 29, 1991 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meetings of July 1 and July 29, 1991 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No, none. Request for permission to address the Commission re zone code - Joseph W. Sabol The City Manager stated that the Commission has received a written request from Mr. Joseph W. Sabol, dated July 26, 1991 , requesting permission to address the Commis- sion regarding the zone code. He noted a copy of that letter was included in the Commis- sioners' packets. Mr. Joseph W. Sabol, attorney representing the Coalition for Responsive Govern- ment, stated the Coalition is composed of approximately 85 to 100 members with various in- terests and from various backgrounds. He stated the Coalition is a highly organized and well formed group, which meets twice a month and has several sub-committees, study groups and task forces. He indicated the Coalition's underlying purpose is to achieve what, in their minds, is responsive government at various levels, including the city, the county and the state. He stated they attempt to achieve this through active participation in the decision-making process, offering what they feel are constructive suggestions and comments on various meaningful issues before the body at that time. Mr. Sabol stated one of those issues is the zone code which is currently before the City Commission, indicating that he has been asked to appeal to the Commission and re- spectfully request that the public hearing be re-opened, allowing all interested parties to 08-05-91 - 2 - forward their comments. He noted that the zone code is an important, far-reaching and broad-based document which will affect all present and future residents of the community as well as visitors to the community. Mr. Sabol stated that zoning, by its very nature, affects property and property rights. He further noted that economics and aesthetics appear to be the two main issues to balance. He stated there is common ground between those elements; however, he does not feel that has been reached with the currently proposed zone code document. He sug- gested that the public hearing could be re-opened, with all comments to be submitted in writing, through the staff to the Commission. He suggested those comments could then be considered in a studied manner, and any appropriate revisions made, prior to adoption of the final zone code. Mayor Hawks submitted a brief response to Mr. Sabol's request. He stated that the Commission recognizes that the zone code is open to amendment at any time, through the appropriate process He then noted that he has prepared a proposed timeframe for adoption of the 4zone code and the acceptance of public input regarding amendments, which it is anticipated will be adopted en masse approximately ninety days after adoption of the final zone code, if it is indeed adopted at next week's meeting. He requested that this proposed timeframe be placed on next week's agenda for discussion prior to the decision on adoption of the final zone code. The Mayor noted that amendments to be considered at that time would include those issues which have been deferred to the 90-day review period, as well as any issues which arise as a result of public input during that period. He stated that the Planning staff will review each of the suggested revisions, and provide a recommendation on whether that re- vision would be beneficial. He indicated that, after the appropriate process has been fol- lowed, the Commission will then make a determination on whether to approve or deny the amendments, proposing that should occur around November 25. The Mayor then suggested that following that process would be no different proce- durally than re-opening the public hearing for the zone code at this time. He noted, how- ever, that to re-open the public hearing on the zone code would result in requiring staff ll to co ttinue to administer the interim zoning ordinance, which has been administrative// to date. Mayor Hawks encouraged Mr. Sabo[ and those he represents to attend next week's discussion and to provide any input they feel would be valuable into the next step in this process. 08-05-91 - 3 - Request for classification of use - accessory foundry to be used for casting metals in jewel- ry and sculpture manufacturing business in M-1 zone City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from the Planning Office, dated August 1 , 1991 , along with a copy of the M-1 dis- trict regulations as contained in the interim zoning ordinance and the letter of request from Zac Zakovi, dated July 30, 1991 . Planning Director Epple briefly highlighted the contents of the memo, stating that, pursuant to Section 18.06.060, the Commission is being asked to determine whether an ac- cessory foundry to be used for casting metals in a jewelry and sculpture manufacturing business may be interpreted to be the same as a listed permitted or conditional use in the M-1 , Light Manufacturing, District. Planning Director Epple reminded the Commission of the December 1988 decision on classification of a bronze foundry in the same general area as this application. He noted, however, that proposed foundry was much larger, being 3,000 square feet in size and us- ing a 90-pound crucible for melting bronze. He stated that proposal was determined to not be appropriate in the M-1 zone. He then stated that this application is for an accessory foundry to be located in an 8-foot by 10-foot unheated, unplumbed accessory structure, with a 30-pound crucible to be used for melting the needed metals. He further noted that under the previous application, the foundry was to do work for local and outside artists; and this subject application is for a "one-man" shop, with the individual doing his own casting only. Commissioner Goehrung asked if there is any specific reference in the interim zon- ing ordinance to "artists studios;" the Planning Director responded there is not. Further responding to Commissioner Goehrung, the Director stated that kilns are treated as an accessory use. He then stated that casting facilities are somewhat different from kilns. Mayor Hawks noted that two years ago, the Commission expressed concern because of the difficulty in attempting to differentiate between the type of foundry proposed and a steel foundry or something equally unacceptable which would have negative impacts on typ- ical M-1 uses. Planning Director Epple noted that some quantifiable elements have been included in this application, including the size of the structure and the fact it is to be unheated and unplumbed, the size of the crucible to be used for melting metals, the frequency of cast- ing, and the fact that it is strictly for personal use. Mr. Zac Zakovi, applicant, stated that he feels it is important for an artist to be able to use the tools of his trade to manufacture art in an M-1 zone. Commissioner Knapp asked if any smoke, steam or vapors will be created as a result 08-05-91 - 4 - of the operations in this requested foundry. Mr. Zakovi responded there will be. He stated that when a casting is made, the wax must be melted, with the residue being burned off. He stated that process creates a small amount of smoke and odor. He further noted that the metal to be used in casting must be melted, which may also create a small amount of odor. He then compared the smoke and fumes from this operation to that of a welding operation. Further responding to Commissioner Knapp, Mr. Zakovi stated it is important to maintain ventilation when performing these tasks, since some of the fumes may be toxic in a confined area. Responding to Mayor Hawks, Mr. Zakovi stated that a 30-pound crucible is needed to make a 15-pound pour. He further noted that is the largest one-man crucible made; and to use a larger one requires two or more men. He stated that crucibles are made in many different sizes, ranging from 1 ounce to 90 pounds. Commissioner Frost stated that it appears that a standard is needed if this proposed foundry is to be deemed appropriate in the M-1 zone, suggesting that the size of crucible may be the best way to do so. Mr. Zakovi stated he does not want to be limited by the size of the crucible in his operation, noting he may wish to cast a larger piece once in a while. He then suggested that whether he does the work for himself or contracts work with other artists would be a better distinction. Planning Director Epple reminded the Commission that the issue before them is whether this form of manufacturing, in the type and scale proposed, is appropriate as a permitted use in the M-1 zone. Mayor Hawks expressed concern with attempting to quantify and establish limits on various elements of the operation, particularly since that will create a possible need for enforcement in the future. He suggested that any approval should be a clean process which can be easily monitored and enforced. City Manager Wysocki suggested that the size of the structure will limit the amount of activity which can occur. He further suggested that the size of the crucible could be limited, noting that if Mr. Zakovi needs a larger pour than what can be accommodated with a 30-pound crucible, he may need to contract that work out or do it at another location. The City Manager then reminded the Commission that the requested decision is not site-specific, but applicable to all M-1 locations. Responding to an observation by the City Manager, Mr. Zakovi stated that when he put in the kiln for the ceramic portion of his building, the Building Inspector required that he address any concerns which the Fire Marshal had. He then stated that he anticipates that the structure for this use would also be subjected to review by the Fire 08-05-91 - 5 - Marshal, and that any of his concerns would need to be addressed in its construction. Commissioner Goehrung suggested that the size of the operation may also require some type of buffering. He also suggested that establishing the minimum distance of the pouring facility from an abutting property, particularly to address the issue of vapors, may be necessary. The Planning Director noted that the issue of smoke and odors becomes an enforce- ment issue, noting it is one which is difficult to enforce. Mayor Hawks requested that staff prepare a proposed definition which would ade- quately address the issues which have been raised. He then requested that this item be placed on next week's agenda for further discussion. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Memo from Environmental Engineer Mike Morgan to the Director of Public Service, dated July 23, regarding the draft environmental impact statements prepared by the Department of Natural Resources and Conservation. The City Manager noted that the second draft EIS addressed in the memo is for fu- ture water for the City from Sourdough Creek. (2) Copy of the preliminary design guidelines for the entryway corridor design objective plans, ad prepared by Mark Hinshaw. (3) Proposed timeline for adoption of amendments to the final zone code, as pre- pared by Mayor Hawks. (4) Letter from James G. Manning, 1914 South Black Avenue, dated July 26, re- garding the new garbage assessment method and the lack of recycling opportunities. (5) Letter from Mrs. Wendland regarding roads. (6) Agenda for the County Commission meeting to be held on Tuesday, August 6, 1991 . (7) Daily minutes for the County Commissioners for the week of July 22, 1991 . (8) Agenda for the DRC meeting to be held on Tuesday, August 6, at 10:00 a.m. (9) Agenda for the DRB meeting to be held on Tuesday, August 6, at 4:00 p.m. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 6, in the Commission Room. (11 ) Notice of special meeting for the first work session on the budget for Fiscal Year 1991-92, scheduled for 7:00 p.m. on Thursday, August 8. Each of the Commissioners present signed the notice. 08-05-91 - 6 - (12) The City Manager submitted his weekly report, for the past two weeks, as follows. (1 ) Fire Captain Bruce Thompson is back to work after being off for approxi- mately two months for heart surgery. (2) Last Tuesday, a number of off-duty fire person- nel responded to the Elk Ridge fire on the CA Ranch. (3) The Police Department sold 17 vehicles at an auction sale on Saturday, July 20, at an average of $61 per vehicle. (4) A new police officer will be sworn in tomorrow. He is currently attending the MLEA at his own expense. (5) The preparation for overlaying of West College Street between South 11th Avenue and South 19th Avenue, including some widening, has been completed. (6) The sub-committee met to review the garbage collection program and consider alternatives to the current program. (7) Reminded the Commission of the public hearing set for 7:30 p.m, on Wednesday, August 7, in the High School cafeteria to discuss the replacement of the Mystic Lake Dam. (8) Reconstruction of the Hyalite Dam is in progress. The crews have encountered some leakage problems in the process. (9) Water consumption last Tues- day reached 10.7 million gallons, the highest in a couple of years. (10) Filming for the movie "A River Runs through It" has been completed in Bozeman. (1 1) The Sweet Pea ac- tivities have been held, with City crews preparing for and breaking down following the event. (12) Fire Department personnel assisted in cleaning up a hazardous materials spill in the 300 block of North Rouse Avenue. (13) Striping of West Lincoln Street between South 11th Avenue and South 19th Avenue has been completed. (14) An additional session of swimming lessons is being offered this summer at the Bogert Pool, with over 100 young- sters registered. (15) The Valley Unit auction sale was successfully completed. (16) The summer reading program at the Library has been completed. (17) The contracted tree trim- ming personnel are working on South 6th Avenue and South 7th Avenue; and City crews are working on South 5th Avenue and along North Ida Avenue. (18) The asbestos removal project on East Front Street has been completed. (19) One of the filters at the Water Treatment Plant has sprung a leak; and once the demand has decreased, that filter can be removed and repaired. (20) Plans for expansion of the Water Treatment Plant have been forwarded to the State for review and approval, in anticipation of the project being under- taken this fall. (21) The sludge injection program at the Waste Water Treatment Plant is nearly complete for this year. (13) Commissioner Knapp announced that Bozeman, Montana, will host the 1992 Arbuthnot Lecture, a national lectureship sponsored by Scott, Foresman and Company pub- lishers. She noted this is the first time in 17 years that the lecture has been west of the Mississippi. She then indicated this will be held in conjuction with the Montana Library Association Conference held in April. (14) Commissioner Knapp requested an agenda item for the August 19 or August 26 meeting to discuss the type of awards to be given at the special recognition for 08-05-91 8 - tions available. Mr. Al Knauber, Bozeman Daily Chronicle, stated his objections to a closed session, stating that the taxpayers of Bozeman have a right to know in light of the fact that they may be paying a $1 million judgment. He then cited the recent Supreme Court ruling in the Office of Public Instruction versus the Governor's Office, which stipulates that an ex- ecutive session may not be utilized for discussing strategy for litigation. Mr. John Russell, KBOZ, stated his opposition to closing of the meeting, stating concurrence with Mr. Knauber's arguments. He noted the Commission has had a good rec- ord of openness and asked that they continue that record. The City Attorney responded that the case set forth by Mr. Knauber pertains to two governmental entities; and a private entity is involved in this litigation. He then stated that he has ten days in which to file pre-trial motions in District Court, which sets the deadline at next Monday, for the City to have an opportunity to pursue any post-trial objections in this case. He then stated that he will not candidly discuss this case in open session, which will severely limit his ability to advise his client. Break 4:32 p.m. to 4:36 p.m. Mayor Hawks declared a break from 4:32 p.m. to 4:36 p.m. in accordance with Commission policy established at their regular meeting of March 14, 1983. Executive session re litigation (continued) Mayor Hawks asked the Commissioners if they were prepared to close the open meeting; they responded in the affirmative. At 4:36 p.m. , Mayor Hawks called an executive session for the purpose of conduct- ing discussions on litigation issues in the case of Mark Story Construction versus the City and requested that all persons except the Commissioners, City Manager, City Attorney, Director of Public Service and Clerk of the Commission leave the room. Recess - 5:33 p.m. Mayor Hawks declared a recess at 5:33 P.M. , to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m. , for the purpose of conducting the scheduled public hearings. 08-05-91 - 9 - Executive session re litigation (continued) It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the executive session be closed and the meeting be re-opened. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. City Manager Wysocki announced that the Commission has just completed an execu- tive session for the purposes of discussing strategies for litigation in the case of Mark Story Construction versus the City of Bozeman. He then recommended that the Commission authorize and direct the City Attorney to perfect an appeal of the recent Court decision in the case. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission authorize and direct City Attorney Becker to perfect an appeal of the recent District Court decision in the Mark Story Construction versus the City of Bozeman case. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung, Commissioner Frost, Commissioner Knapp and ,Mayor Hawks; those voting No, none. Public hearing - variance to Section 18.50.120 of the interim zoning ordinance - Connell Chevrolet-Buick-Geo-Toyota, 1735 West Main Street - to not require paving and installation o curbing in proposed parking area on Lot B, Block 1 , Amended Plat of Kirk's Second Subdivision This was the time and place set for the public hearing on a variance to Section 18.50.120.B. of the interim zoning ordinance, requested by Pat Connell, Connell Chevrolet-Buick-Geo-Toyota, to not require paving and installation of curbing in proposed parking area on Lot B, Block 1 , Amended Plat of Kirk's Second Subdivision. The subject site is more commonly known as 1735 West Main Street. Mayor Hawks opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that under this application, the applicant is requesting a variance to not require him to pave or curb a temporary parking lot on Lot B, containing 54 parking spaces, to meet zone code require- ments. The Associate Planner stated that since the recent Commission review or a major site plan for the entire parcel, which includes Lots 1 and B of Block 1 , Amended Plat of Kirk's Second Subdivision, the applicant has submitted a proposal to close the front por- tion of the main auto dealership building, which will be the subject of another site plan review; however, that application is separate from this request for a variance. Associate Planner Wall briefly reviewed the uses immediately surrounding the subject Lot B, which include the back of a large residential complex to the north, the back of the 08-05-91 - 10 - Buttrey's Shopping Center complex to the east and the Spanish Peaks Brewery to the west. The Planner then reviewed the applicant's rationale for requesting the subject vari- ance. He stated that Lot B has no direct access to a public street, rather, access must be gained from Lot 1 , upon which a majority of the dealership is located. He then stated that the parking lot proposed for this site will be used on an irregular basis; and it is anticipated that the lot will be used as a future building site. He noted that the applicant suggests that the landscaping proposed will create an adequate buffer to adjacent prop- erties, and will not be impacted by future development of the lot. He stated the applicant also suggests that other factors will effectively control dust and drainage, including the speed at which vehicles will be traveling across the parking lot and the fact that the site has a 2.4-percent grade. Associate Planner Wall stated that staff reviewed this application in light of the four criteria set forth in the interim zoning ordinance and the three criteria set forth by the Montana Supreme Court, and briefly highlighted the results of that review. He stated that staff was unable to identify any unnecessary hardship due to the size, shape or topogra- phy of the lot, rather it appears to be an issue of economic benefit. He then stated one concern staff has noted as a result of that review is the fact that dust and noise from the parking lot could become a problem for those residents in the multi-family residential de- velopment to the north, particularly since the sleeping quarters are generally located at the back of the structure. Planner Wall stated that staff would recommend that if the Commission grants this variance, it impose a time limit of one year on that approval. He further recommended that, as a condition of approval, the applicant be required to provide a perpetual dust abatement program. Associate Planner Wall stated that, based on the fact that the requested variance does not comply with the criteria established for the review, staff would recommend denial of this application. Responding to Mayor Hawks, the Planner stated that parking spaces have been provided in other areas of the site, as well as the subject location. Mr. Jerry Gaston, engineer representing the applicant, reminded the Commission that the back 25- to 30-percent of the Spanish Peaks Brewery parking lot will remain unpaved in anticipation of future development on the back of that lot. He then noted that this subject lot is located adjacent to that lot; and he does not believe that leaving it unpaved would create any adverse effects on the neighbors, particularly since it is being utilized at the present time. Mr. Gaston stated that a portion of the Connell lot will be paved in the next couple 08-05-91 - 11 - of weeks, along with a substantial portion of the Spanish Peaks Brewery lot; and he feels that to require even more paving in that area at the present time could have a negative impact. He further noted that to pave the parking lot now and then tear it up for future development of the site would result in essentially a waste of asphalt. He then stated that, due to its location and limited use, he feels it is appropriate to leave the parking lot unpaved at the present time, even though the applicant is willing to provide landscaping along the perimeter to minimize any impacts from the parking area. Mr. Gaston reminded the Commission of other projects which they have recently ap- proved that have included an unpaved parking area to meet a portion of the parking re- quirements. He then suggested that this application makes economic sense. He stated that the subject parking lot will provide approximately 30 percent of the parking spaces required for the site; and it will be used for snow storage in the winter. He then en- couraged Commission approval of this application. Responding to Mayor Hawks, Mr. Gaston stated that the possibility of paving only a portion of the lot has not been discussed. He then indicated that, if necessary, the ap- plicant could pave a portion of the lot to meet the parking requirements. Responding to the City Manager, Mr. Gaston stated a number of options for expan- sion of the business are under consideration. He suggested that within the next year, some decisions should be made on how the site will become more developed. City Manager Wysocki noted some options available to the applicant at this time in meeting his parking requirements. He cautioned, however, that additional development on the site will result in the need for additional parking. He further cautioned the Commis- sion that an economic reason is not a basis upon which to grant a variance. Responding to Mayor Hawks, the Planner stated that the applicant has been devel- oping this subject site on a piecemeal basis; and he feels that a comprehensive vision for development of the whole site would be beneficial for everyone involved. Mayor Hawks suggested that a one-year approval of this requested variance could provide the incentive for the applicant to master plan the entire site, thus eliminating these various piecemeal reviews. He noted that from that perspective, this could be a positive step. Responding to Commissioner Goehrung, the Planner stated that the applicant has one year from approval of the final site plan to either install the improvements or post a letter of credit. The Mayor noted that approval of this requested variance would remove the re- quirement for posting a letter of credit; the Planner concurred. No one was present to speak in opposition to the requested variance. Mayor Hawks closed the public hearing. 08-05-91 - 12 - Commissioner Goehrung stated he cannot support approval of this requested vari- ance. He suggested, therefore, the Commission may wish to defer to the decision until next week, when a full Commission will be present. Mayor Hawks requested this item be placed on next week's agenda for action. Public hearing - variances to Sections 18.50.140 and 18.50.160 of the interim zoning ordi- nance - Video Lottery Consultants - to allow expansion of structure on Tract 1A, COS No. 1393A, Summit Engineering Annexation (2311 South 7th Avenue) This was the time and place set for the public hearing on variances to Sections 18.50.140 and 18.50.160 of the interim zoning ordinance, requested by Video Lottery Consultants, to allow expansion of a structure on Tract 1A, Certificate of Survey No. 1393A, Summit Engineering Annexation. The subject location is more commonly known as 2311 South 7th Avenue. Mayor Hawks opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that this appli- cation is for multiple variances on a site which is not located within an entryway corridor overlay district. The Planner stated that the requested variances are from Section 18,50.160, Non-conforming Uses and Structures, and from Section 18.50.140.A. , Public Street Frontage. He stated the subject 13.74-acre site is located along a privately-owned extension of South 7th Avenue, south of Kagy Boulevard, and is in a BP, Business Park, District. The Associate Planner stated that these requested variances would allow expansion of the existing building through construction of a one-story 3,600-square-foot addition, a two-story 20,400-square-foot addition and a one-story 6,000-square-foot addition. He stated that the existing structure is non-conforming because one corner encroaches 23 feet into the required 40-foot rear yard setback; and one side encroaches 10 feet into the re- quired 40-foot setback. The Associate Planner stated that the applicant gains access to the subject site along an easement from Montana State University, renewable on an annual basis; and does not have a perpetual access to the site. He noted that the code requires a minimum 25-foot frontage along a public or improved private street, which this site does not have. The Planner then reviewed the uses surrounding the subject site, which include the MSU football stadium to the northwest, Museum of the Rockies to the northeast, developed residential to the southeast and undeveloped residential to the south. Associate Planner Wall stated that staff has reviewed this application in light of the four criteria set forth in the interim zoning ordinance and the three criteria set forth by the Montana Supreme Court. He briefly highlighted the results of that review, noting that staff would recommend approval of these requested variances. He stated that a hardship 08-05-91 - 13 - does exist, particularly because there is no public access to the site. He noted that the original structure was constructed without the knowledge that at some time it would become non-conforming, thus requiring a variance for any expansion. He then reminded the Com- mission it is important that growing operations of this nature be accommodated whenever possible, noting that the activities in this facility are conducted entirely indoors. He fur- ther noted that staff has recommended some additional buffering, through planting of a 50-foot-wide buffer strip along the east side of the property, at the old railroad right-of-way, to minimize visual impacts to residential areas. He suggested that this should include a mix of medium and large evergreens and deciduous trees. He then noted that staff is satisfied with the landscaping along the south side of the lot, as proposed by the applicant. The Associate Planner stated that staff would recommend that, as a part of approv- ing this application, the Commission require the 50-foot-wide landscaped strip noted above. He noted that any other pertinent issues will be accommodated through other provisions of the code. Mr. Dick Prugh, architect representing the applicant, noted the initial structure was set on the property at 45-degree angles, which is creating some of the current prob- lems. He stated he feels the proposed expansion and addition of landscaping along the south side of the site will be beneficial. He stated, however, the applicant is opposed to the proposed 50-foot-wide landscaped strip along the east side of the property. He noted that the subject parcel has been split off as an artificial lot, which is large enough to de- velop as a separate use at some time in the future. He stated that the applicant feels it would be more appropriate for any landscaping on that site to be deferred until a proposal for development of the site is processed. Mr. Prugh noted that this site is located in a swale, and is not really visible from Kagy Boulevard. He further noted the swale tends to curve around the site, thus provid- ing some natural screening from surrounding development. Commissioner Frost stated his concern is for buffering of the site now, suggesting that the eight trees proposed in the southeast corner of the site will not provide dense enough screening from the Figgins Subdivision. Responding to a question from Commissioner Frost, the Planner stated that the arti- ficial lot has been created solely for site plan review, and has no effect on the requested variances. City Manager Wysocki reminded the Commission of the possible extension of the Gallagater Park southward from its current terminus to the new school site, which would be along the old railroad bed where staff is recommending the landscaped buffer strip be located, 08-05-91 - 14 - Mr. Steve Barrett, attorney representing the applicant, noted that staff has recom- mended approval of these requested variances. He then reminded the Commission that this is the type of business which the City is interested in attracting to the community. He stated it is high tech, and provides some manufacturing, engineering and software devel- opment activities, in a clean, safe, indoor environment. He noted there are no negative impacts from noises or odors; and the business has operated well in its present location for several years. Mr. Barrett then addressed the access issue, submitting to the Commission a letter, dated August 5, from Mr. Craig Roloff, Vice President for Administration at Montana State University. He noted that in that letter, Mr. Roloff states MSU's commitment to continuing discussions with the applicant regarding creation of a permanent vehicular access and his confidence that a mutually acceptable arrangement can be reached. Mr. Barrett then stated the applicant is willing to provide the 50-foot-wide land- scaped buffer if that is a condition for approval of these variances; however, he does not feel it is appropriate at this time. He suggested that it would be better to wait until after the artificial lot has been developed and a determination has been made on the possible use of the old railroad bed as an extension of the linear park before the landscaping needs are assessed. He then encouraged the Commission to approve these requested variances with- out the condition for landscaping which was recommended by staff. Responding to Commissioner Knapp, Mr. Barrett stated that Video Lottery Consul- tants owns all of the BP zoned property in that immediate area. He then stated there is a diversity of private owners of the R-2 zoned property to the south. He noted those prop- erties will not gain access from South 7th Avenue, since the existing easement ends at the north end of the subject lot. He noted, rather, those residential properties will probably gain access from the future extension of South 1 1 th Avenue. Ms. Laura Nugent, 1002 South 15th Avenue, cautioned that soils from the area where the proposed landscaping strip is proposed should be tested prior to planting of any trees. She noted that old railroad beds often contain a level of toxicity from heavy chemi- cals, which may be extremely harmful to trees. No one was present to speak in opposition to the requested variances. Mayor Hawks closed the public hearing. 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 carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Commissioner Frost stated support for approving the variances without the require- ment for installation of a 50-foot-wide landscaped strip along the east side of the artificial 08-05-91 - 15 - lot at this time. Mayor Hawks stated concurrence with Commissioner Frost's comment, noting he feels that the existing landscaping, with the proposed additional landscaping in the southeast corner, is adequate. He then stated he recognizes what staff is attempting to do with its recommended condition, and he appreciates their efforts; however, he feels that until the manner for developing the lot has been established and usage of the old railroad bed has been determined, he does not feel it is appropriate to install a landscaped buffer strip. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the variances to Sections 18.50.160 and 18.50.140.A. , requested by Video Lottery Consultants, to allow expansion of the structure on Tract 1A, Certificate of Survey No. 1393A, Summit Engineering Annexation, as proposed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Frost, Commissioner Knapp and Mayor Hawks; those voting No, none. Public hearing - Commission Resolution No. 2838 - levying and assessing special assess- ments for city-wide street maintenance district for Fiscal Year 1991-92 This was the time and place set for the public hearing on Commission Resolution No. 2838, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO, 2838 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Hawks opened the public hearing. City Manager Wysocki presented the staff report. He stated that it is anticipated that street projects to be completed during Fiscal Year 1991-92 with the revenues from the street maintenance district assessments include: paving of Durston Road from Meagher to Ferguson; chip sealing of North 16th, 17th, 18th, 21st and 22nd Avenues from Durston Road to West Beall Street and North 20th Avenue from Durston Road to West Main Street; chip sealing of West Beall Street from North 15th to North 22nd Avenue; widening and overlaying of West College Street from South 11 th to South 19th Avenue; overlaying South Willson Avenue from Mason to Garfield Street; paving of North Plum Avenue from Lamme to Avocado Street; paving of East Fridley Street from Broadway to North Wallace Avenue; and paving of Avocado/Peach Street from North Wallace to North Broadway Avenue. He stated that intersections to be reconstructed include: West Tamarack Street and North 7th Ave- nue; West Mendenhall Street at North 7th Avenue; South Rouse Avenue between Babcock and Main Streets; South Wallace Avenue for approximately one-half block south of Main; and South 8th Avenue between Babcock and Main. He also noted that replacing approxi- 08-05-91 - 16 - mately four blocks of curb and gutter along North Tracy Avenue and West Lamme Street is also included in the list of projects for this year's program. The City Manager stated it is estimated that this year's assessments will generate $357,344, which is $28,000 less than last year's estimated revenues of $385,573. He stated that this year's base assessment per square foot has been reduced by .5 cent, with that same amount being added to the tree maintenance district assessment rate, and a 5-percent inflationary adjustment added back in. Mr. Dave Wallin, 4034 Sourdough Road, asked that the Commission re-evaluate the formula for assessing commercial properties in particular. He noted there are caps on res- idential properties but there are no caps on commercial properties. He then stated that he and his father own a 4.0-acre parcel of undeveloped commercial property just east of Perkins Restaurant on West Main Street. He stated that, even though that parcel creates no impacts on City services, last year, the street and tree maintenance district assess- ments were $870.40, while the real property taxes were $774.19. Mr. Wallin then stated that on the 2.5-acre tract upon which Bozeman Ford is locat- ed, last year the street and tree maintenance district assessments caused the special as- sessments to increase 570 percent from $125.30 to $712.46. He then stated that he submit- ted a letter to Director of Public Service Forbes in November 1990 regarding these unfair assessments. Mr. Wallin then requested that the Commission establish a cap on commercial prop- erties, stating he feels the current assessment method is excessive. Mrs. Lanette Walker, 314 North 17th Avenue, questioned how the City can justify having a $20,000 balance in unexpended monies from last year's assessments. She then stated she does not support paving of Plum, Fridley and Avocado with these monies, par- ticularly since the residents along those streets have not paid for improvements to those roadways through special improvement districts like most other property owners in the community. She stated that she has paid her fair share of assessments for the improve- ments along her property; and she does not feel that she should be required to assist in paying for paving of those streets as well. She then asked the Commission to give the public an opportunity to express their opinions on this assessment by placing it on the ballot rather than raising the rates on an annual basis. Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that at last year's meeting, she raised the question of capping commercial assess- ments in some fair manner. She stated that the commercial properties are taking the brunt of the assessments under the current method; and she feels it should be reviewed to de- termine some type of fair capping mechanism. Mr. Joe Biggs, 120 North 15th Avenue, noted support for Mrs. Walker's comments 08-05-91 - 17 - in the previous public hearing, questioning why the taxpayers should be required to pay for paving of the streets in the northeast sector. He noted that when he owned property on North Broadway Avenue, he participated in an SID to pave that street. Mayor Hawks asked if it was anticipated that the assessment method would be re- viewed on an annual basis, noting it was his impression that there were provisions in place to address inequities. He then stated an interest in reviewing the assessment methods, through a brief staff presentation, prior to making a decision on this item. Commissioner Frost requested a complete listing of the projects completed and the monies expended from last fiscal year's revenues derived from these assessments. Mayor Hawks then noted that Mrs. Walker has raised a tough argument concerning paving of the northeast sector streets with these monies. He recognized, however, that there are some streets in the community which will never be paved through the SID pro- cess because the adjacent property owners will protest it out. Mayor Hawks closed the public hearing. A decision will be forthcoming at next week's meeting. Public hearing - Commission Resolution No. 2839 - levying and assessing special assess- ments for city-wide tree maintenance district for Fiscal Year 1991-92 This was the time and place set for the public hearing on Commission Resolution No. 2839, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2839 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. Mayor Hawks opened the public hearing. City Manager Wysocki presented the staff report. He stated that last year's base assessment was .5 cent per square foot; and this year's assessment is proposed to be dou- ble that, at 1 .0 cent per square foot plus a 5-percent inflationary factor. He noted that last year's assessment generated between $55,000 and $60,000, well below the estimated $75,000. He stated that it is estimated this year's assessments will generate $115,000, which should provide monies to more adequately fund this program. The City Manager briefly highlighted the activities accomplished during the past fiscal year, noting that trees were trimmed along many of the streets in the community as well as Lindley Park, Cooper Park, Beall Park and the Cemetery. He then stated that many trees were removed during the past year that were dead or nearly so, before they created problems. He noted that he anticipates this year's program will still concentrate on the older section of town, addressing those particular areas where the tree inventory 08-05-91 - 20 - Adjournment - 8:48 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 08-05-91