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HomeMy WebLinkAbout1989-05-01 ...~ :''';'\.. --.. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA May 1, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 1,1989, at 2:00 p.m. Present were Mayor Stiff, Commis- sioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes of the regular meeting of April 24, 1989, be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Award bid - four vehicles for various City departments (CIP) This was the time and place set for the award of bids for four vehicles for various City departments. The City Manager reminded the Commissioners that monies have been budgeted in the current Capital Improvement Program for purchase of these vehicles. City Manager Wysocki submitted to the Commission a memo from Director of Public Service Forbes recommending that the single bid, which included prices for three of the four vehicles, be rejected and that the bidding process be completed again to encourage competitive bidding. The City Manager then concurred in that recommendation. Commissioner Goehrung asked If consideration has been given to purchasing used vehicles, rather than seeking bids for new vehicles. The City Manager indicated that used vehicles have been purchased when possible. He noted that In this instance, the vehicles are rather specialized; and It would be dif- ficult to acquire good used ones that would meet the City's needs. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission reject the single bid received, and authorize staff to proceed with rebid- ding of these vehicles. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Com- missioner Hawks and Mayor Stiff; those voting No, none. 05-01-89 ',' I -~ .j' r -2- nation of Sister Cit in Nicara ua - Robert D. Rou hton for Bozeman City Manager Wysocki submitted to the Commission a proclamation and information on the Sister City program and on Rivas, Nicaragua, as submitted by Mr. Robert Roughton for Bozeman Friends of Rivas. Mr. Robert Roughton stated the Sister City program is non-political, being en- dorsed by both Democrat and Republican administrations since its inception in 1956. He stated this is an effective way to move toward world peace, with people getting to know people from other countries. Mr. Roughton stated that the Friends of Rivas organization is new in Bozeman, having started in Missoula and Helena a couple of years ago. He sta- ted that he drove a bus full of medical supplies to Nicaragua in November and visited Rivas while there. Mr. Roughton stated that Rivas is approximately the same size as Bozeman, is locat- ed In an agricultural area, and has an agricultural school. He noted the school uses somewhat backward equipment and technology; however, they have a desire to upgrade the facility and program. He noted the school was Initially a private school, but it is now in- ternational. Mr. Roughton stated that the agricultural school is seeking more updated in- formation and equipment, indicating that he feels that Bozeman and Montana State Univer- sity could be helpful in that technical exchange. He noted, however, the exchange would be one-way until their systems are upgraded. Mr. Roughton described the area around Rivas as being fairly flat; and it is located on a 12-mi Ie-wide strip of land. He noted there is a lot of history in the immediate area. Commissioner Hawks asked If a Sister City designation would affect establishment of any relationship with the community. Mr. Roughton stated he feels it would. He indicated that not only would it allow for personal friendships, but it would also allow for communication between the govern- mental entities. He stated the Friends of Rivas hope to raise monies to send for the Mayor of Rivas so he can visit this area, noting that the current Mayor is a farmer. He then stated that designating a Sister City relationship does not require any funding from the City. Commissioner Martel asked if the community of Rivas has indicated any desire to be a Sister City to Bozeman. Mr. Roughton stated that under this program, the Nicaraguan Embassy assigned Rivas to Montana. He stated that the Friends of Rivas group in Bozeman has shown an interest In pursuing a Sister City relationship. He noted that Helena and Missoula may also become Sister Cities in the future. Commissioner Martel noted that before a Sister qty is designated, there is usually 05-01-89 ~ 1 -3- an exchange of visits, after there has been a "period of getting acquainted." He stated that has not been the case in this Instance. He then asked how many local people are in- terested in this request. Mr. Roughton stated the organization is just getting started; but he anticipates 500 to 600 people will be on the mailing list. He then indicated that recent surveys reveal that 70 percent of the Americans polled are sympathetic toward the Nicaraguan people. Mr. Robert Roughton then stated that there has been misperception about the coun- try. He indicated that Nicaragua is a democracy, stating that the Communist Party re- ceived less than 4 percent of the vote in the 1984 election. He stated there are 7 political parties In Nicaragua; and one of those parties received 67 percent of the vote In the 1984 election, noting that Is the first democratic election held in that country. He then stated that 60 percent of the country's production is done by the private sector. He indicated it is a free country, where people are free to speak against the government, and there is no censorship or religious oppression. Mayor Stiff stated that the Commission must address whether to establish a policy for considering requests for establishment of Sister City relationships. He noted that the Commission received one request last week and a second one this week; and no pOlicy is in place for considering these requests. He then stated that a discussion with Ms. Wendy Lewis, Director of the Montana Council for International Visitors, revealed that Mr. Walter Mayer will be attending the Sister City Convention in July. He suggested that after at- tending that meeting, Mr. Mayer may be able to provide technical assistance in developing a policy. The Mayor noted that Bozeman currently has a relationship with the Patagonia region of Argentina through "Partners of the Americas" as well as the recently-proclaimed Sister City relationship with Turrialba, Costa Rica. He noted this request is for yet another such relationship with a Central American city. Commissioner Hawks suggested that on a long-term basis, the City should have a policy. He noted that this request is very similar to the request approved last week, suggesting It should possibly be treated the same. He noted that the Sister City relation- ship does not create any liability to the City; and It facilitates a people-to-people ex- change. Commissioner Vant Hull stated she feels Sister Cities are good, noting she feels the Commission should approve such requests. City Manager Wysocki noted the Commission had not received these requests until just the last two weeks; therefore, no policy has been established. He then asked how many Sister Cities the Commission wishes to designate, citing examples where three Sister Cities have been designated. He also asked if the Sister City designation is to be made with no regular communications anticipated, or if annual communications are to be anticipa- 05-01-89 'T -4- ted. He questioned the designation of Sister Cities if no real relationship Is contemplated. Commissioner Martel stated he feels it is important to know how many people are in- terested In a requested relationship. Commissioner Goehrung noted the similarities between Bozeman; Turrialba, Costa Rica; and Rivas, Nicaragua, including the populations and agricultural base. He then questioned whether action on this request should be deferred until after a policy has been established. He suggested it may be better to approve this request, then develop a poll- cy. He Indicated that the Commission could make it clear that slmi lar requests will be dis- couraged until the policy has been developed. It was moved by Commissioner Martel that the Commission delay designation of Rivas, Nicaragua, as a Sister City until after a policy and criteria for review have been established. The motion died for lack of a second. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission concur in the Mayor's proclamation designating Rivas, Nicaragua as a Sister City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel. The Commission then directed the staff to gather information and prepare a policy for designation of Sister Cities for Commission consideration. Ordinance No. 1279- repealing Ordinance No. 1080 City Manager Wysocki presented Ordinance No. 1279, as approved by the City At- torney. entitled: ORDINANCE NO. 1279 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING ORDINANCE NO. 1080. The City Manager reminded the Commission that this ordinance repeals the estab- lishment of sewer rates by ordinance , noting they are now set by resolution. He then noted the ordinance was provisionally adopted on April 10 and recommended that it be fl- nally adopted at this time. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1279, repealing Ordinance No. 1080. The mo- tlon carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. 05-01-89 l' j' -5- rivate City Manager Wysocki submitted to the Commission a memo from the Planning staff regarding this request. Planner Debbie Arkell stated that this item and the following agenda Item are very simi lar. She indicated they both request an exception on Section 18.50.010 (A) of the Bozeman Municipal Code, which requires that central public and/or private water dis- tribution and sanitary sewer collection systems be installed when building lots or sites are created in a city residential zone. She stated that Section 76-2-312 (A) of the Montana Code Annotated authorizes the City Commission to reserve to itself the power to make cer- tain exceptions to those regulations. Planner Arkell then addressed this specific request. She stated that Mr. Dennis Hardin has indicated his intent to split his 20-acre parcel, which is located in an R-1, Residential--Single-family, Low-density, district, through an occasional sale. She indicat- ed the split will create a S-acre parcel and a 1S-acre parcel, with one residential structure to be built on each parcel. The Planner stated that this 20-acre parcel is part of a 320-acre tract which was rezoned from AS, Agricultural Suburban, to R-1, Residentlal--Single-family, Low-Density, in 1979. The site is located along the west side of South 19th Avenue, and along the south side of Patterson Road. She indicated that the closest City water and sewer lines are located 2.6 miles from the subject site. The site Is outside city limits and outside the service area boundaries. Planner Arkell stated the staff would propose that the zoning on the entire 320-acre parcel be changed from R-1, which is a city density zone, to more appropriate zoning, possibly an RS-7, Residential Suburban, seven-acre minimum. She then stated the Issue before the Commission at this time Is whether to grant an exception to the zoning regu- lations, to allow a separate well and septic tank for each of these two residential units. City Manager Wysocki asked how many times the 20-acre parcel can be changed by an occasional sale. Planner Arkell stated that one occasional sale is allowed in a 12-month period, as long as that sale is not done for purposes of evading subdivision regulations. She then indicated that a one-acre minimum is required for a private septic system. Commissioner Hawks noted that further development in that area will happen. He then indicated an interest in addressing the entire 320-acre parcel, rather than proceeding in a piecemeal manner. He then asked how a rezoning action could be initiated. Planner Arkell stated that the private property owners may request a rezoning, or the City may initiate the zone map change by directing staff to proceed with that process. 05-01-89 'I ~ 'j -6- She indicated the Planning staff would then identify the property owners and contact them about the proposed rezoning, after which they will initiate the formal zone map change process. The Planner then stated that the subject area is master planned as a rural de- velopment node; and this particular site is located along the north side of an existing ru- ral development node. She stated that a majority of the 320-acre parcel is currently in agricultural use. Mr. Dennis Hardin, applicant, stated that he proposes to sell a five-acre parcel in the northeast corner of his 20-acre parcel to his brother. He indicated that he plans to construct his home on the remaining 15-acre parcel, noting they both wish to build this year. Mr. Hardin stated that he has over $70,000 invested in this 20-acre parcel; and he recently purchased $12,000 in farm equipment. He then Indicated that he plans to break up the sod and prepare the ground for planting barley next spring, after which he pro- poses to plant alfalfa on a portion of his 15-acre parcel. He stated that when he first considered constructing on this parcel, he approached the County about doing a formal subdivision. He noted that would have created more tracts, thus requiring construction of a road through the property to the far edge of it. He stated that since he does not wish to sell more than one tract or develop a subdivision, he decided not to pursue that ave- nue. He indicated he then decided to fol.low the occasional sale process, which led to this request. Mr. Hardin then stated he supports pursuing a zone map change for the entire 320- acre parcel, rather than seeking rezoning for just his 20-acre parcel. He stated, howev- er, that he does not want to wait until that process has been resolved before proceeding with development of his property. He, therefore, requested that the Commission proceed with consideration of the application presently before them. Mr. Hardin stated that he and his brother both plan to construct residences valued in excess of $100,000; and he plans to landscape his parcel with a pond and other ame- nities. In response to a question from Commissioner Goehrung, Planner Arkell indicated that processing of a zone map change for the 320-acre parcel would probably take three months, If It Is not protested by any of the property owners. City Manager Wysocki noted the original staff suggestion was to pursue rezoning; however, he concurred that Mr. Hardin owns only a small portion of the parcel. He then suggested that the Commission should address Mr. Hardin's immediate concerns, then di- rect the staff to proceed with a rezoning to make the zoning in that area more appropri- ate. Commissioner Hawks noted that rural development should be done in such a manner 05-01-89 'i' f -7- that It could be easily incorporated into the City's infrastructure if within the future growth area. He suggested that structure siting to alleviate this problem had been discus- sed in the last planning update. The City Manager indicated that issue has been discussed in the past, including the idea of clustered development; however, no policy has been implemented. Commissioner Goehrung asked If further division of the parcel could be prohibited until after the rezoning has been completed. City Manager Wysocki suggested that the Commission could require the installation of central water and sewer systems if the parcel is further divided. He noted that would address the concern. It was moved by Commissioner Vant Hull that the Commission not approve this re- quest for exception to the zoning regulations, but direct the staff to proceed with rezon- ing to an appropriate zoning designation for property not contiguous to the city and which does not include City water and sewer services. The motion died for lack of a second. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission grant the exception to Section 18.50.010(A) of the Bozeman Municipal Code, allowing the applicant to divide the 20-acre parcel zoned R-1, Residential--Single-family, Low-density, into a 15-acre parcel and a 5-acre parcel with a house to be constructed on each with a private well and septic tank; and that the applicant be required to tie into central water and sewer services if they become available per City regulations. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Goehrung and Commissioner Vant Hull. Planner Debbie Arkell reminded the Commission that as long as the zoning remains R-1, subdividing of the parcel is limited because of the zoning regulations attached. Mr. Hardin stated he would be willing to place a moratorium on his property for a period of two years, to ensure the City has adequate time to complete Its rezoning pro- cess. He reiterated it is not his intention to develop a subdivision, but to establish a residence for himself, and to allow his brother to establish his own residence. He then indicated a willingness to assist the staff in pursuing rezoning of the entire 320-acre par- cel. City Attorney Becker Indicated that any Commission action must be filed as a matter of record to be of any consequence. He also indicated he has not heard of a moratorium established by a landowner. Commissioner Hawks noted that the R-1 zoning Is limiting enough that the Commis- sion would consider any further development on the site; and It could be denied. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission direct staff to proceed with a zone map change for the entire 320-acre par- 05-01-89 'f. , -8- eel. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. City Manager Wysocki submitted to the Commission a memo from the Planning staff concerning this request. Planner Debbie Arkell distributed to the Commission a memo from Director of Public Service Forbes concerning this item. She reminded the Commission that Section 18.50.010(A) of the Bozeman Municipal Code requires central public or private water and sewer systems in all city density residential zones. She noted that the subject parcel, which is located along South Church Avenue, just inside the southern boundary of the city limits, is zoned R-3- T, Resldential--Medlum-density, with a Transitional Overlay. She stated that the subject property is owned by John Sobrepena, Sr., who plans to divide the five-acre parcel known as Tract 18, Bozeman Creek Annexation, into three parcels of at least one acre In size each, which he will then give to each of this three sons, John, Bob and Pete through the family member exemption process. She stated that all three sons plan to construct a home on their respective parcels, noting that John Sobrepena cur- rently lives on the subject tract. Planner Arkell stated that at the present time, there are two septic systems and one water well on the property; and approval of this request would provide for the instal- lation of one more septic system and the drilling of two more water wells. Planner Debbie Arkell then reviewed the options submitted by the Director of Public Service. She indicated the Ideal would be to construct water and sewer main extensions from the existing lines to the subject property to City standards, noting the water would be extended 800 feet and sewer would be extended 2,000 feet. She stated that because of the flood way and the creek crossings involved, it would be a costly project, costing $50,000 to $75,000. The second alternative would be to require connection to City water and sewer services in a non-standard manner, including the use of a I ift station. She noted that the Di rector of Public Service has indicated he does not support that option. She indicated the third option would be to develop a central water and sewer system for all development along South Church Avenue at some time in the future. She then indicat- ed that the Commission also has the option of approving this application for an exception, possibly with the stipulation that the properties be required to tie to City systems when they are within the appropriate distance from the residences. 05-01-89 i T -9- Planner Arkell stated that the R-3- T designation, which was implemented in 1984, would allow the construction of 170 residential units on the 11 acres in that immediate ar- ea; however, the physical constraints of the area will not allow that type of development. Commissioner Vant Hull asked if any of the subject parcel is located in the flood- plain. Planner Arkell stated the back portion is, estimating that it involves one-fourth to one-third of the entire tract. She stated there is adequate space between the creek and South Church Avenue for construction of homes and the installation of the needed septic systems and wells. She further noted that the State, through the County Sanitarian, must approve such systems. Commissioner Vant Hull indicated a desire to discuss this issue with the County Sanitarian before the Commission takes action. Planner Debbie Arkell stated that Sobrepenas propose to construct on the east side of the creek, noting that the area west of the creek is located in the floodplain. She in- dicated there are no plans for development along the west side of the creek. In response to a question from Commissioner Hawks, Planner Arkell estimated there are 3t acres east of the creek in the subject parcel. She then indicated that for purposes of determining whether the parcel is adequate for private water and sewer systems, the entire acreage is considered. Mrs. Pete Sobrepena briefly reviewed the location of the existing home as well as the proposed locations of the other two homes on the site. She then indicated they would prefer to use the City's water and sewer systems; however, that is not practical. She then requested approval of this exception, noting that they must obtain State approval be- fore they can use private wells and septic systems. City Manager Wysocki recommended that the Commission approve this exception, requiring that State standards be followed, and require that the three Sobrepena families sign waive,rs OJ protest to tie onto City water and sewer systems when appropriate under the City's regulations. Commissioner Vant Hull reviewed minutes from a Commission meeting in 1984, noting that the master plan land use designation of medium-density residential might not be appro- priate in this area, with a lighter density being more appropriate. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commission approve the request submitted by Sobrepenas for an exception to Section 18.50.010 (A) of the Bozeman Municipal Code by allowing them to install private water and sewer systems for their three parcels, requiring that State standards be followed and requiring the three Sobrepena families involved to sign waivers of protest to tie onto City water and sewer systems as per City regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, CommiSsioner Martel, Commis- 05-01-89 1 -10- sioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull. as City Manager Wysocki submitted to the Commission a letter from Inter-Mountain Lab- oratories, Inc., dated April 25, 1989, along with a memo from the Planning staff dated April 27, 1989. Planner Ron Brey indicated that Mr. Mike Basile is present, representing the appli- cant. He indicated that a review of the zone code revealed that a commercial environ- mental testing laboratory is not listed as a permitted or conditional use in any zone, there- fore, this item is before the Commission for classification. He noted the applicant has re- quested that it be interpreted the same as research and development institutions, profes- sional offices or veterinary clinics, which are permitted In the B-2, Community Highway Business, district. Commissioner Vant Hull asked what type of chemicals are involved in this operation and how much is used, the size of the samples analyzed, and for what kinds of mining the samples are analyzed. Mr. Mike Basile stated the company receives soil samples and mineral deposits, which they analyze. He indicated their operation is regulated by EPA; and they have semi-annual inspections by EPA as well as OSHA. He then stated that Inter-Mountain Lab- oratories, Inc., wishes to locate in Bozeman and is currently seeking a building for their operation. Mr. Basile then stated he cannot respond to Commissioner Vant Hull's questions. Commissioner Hawks asked if the Commission could classify this as a conditional use rather than a permitted use in the B-2 district. Following review of the listed conditional uses in the B-2 district, Planner Ron Brey responded there are no listed conditional uses which are the same as or so similar as to be considered the Siilme as a commercial environmental testing lab. Commissioner Goehrung expressed concern about the odors which may be emitted from this testing laboratory. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that action on this item be tabled for a period of one week to allow time to respond to the questions raised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. 05-01-89 'j" .. .'11. -11- over the Mayor Pro Tempore Hawks for the remainder of this afternoon session. use permit for Adven- City Manager Wysocki submitted to the Commission a memo from the Planning staff regarding Mr. Metzger's request for clarification of Condition No. 5 for approval of the Conditional Use Permit for Adventureland, Inc. Planner Ron Brey reminded the Commission that on February 6, 1989, they ap- proved this Conditional Use Permit. He reviewed Condition No. 5 for approval, noting it was drafted during that meeting, as follows: A waiver of protest for the installation of sidewalks along North 7th Avenue must be provided by the property owner. The sidewalk adjacent to the sub- ject parcels will be required at the time other sidewalks are required in the area. In the meantime, an Internal walkway system connecting the subject parcel to adjacent parcels shall be constructed in conjunction with Phase I of the development, subject to the approval of the Public Service Director. The Planner noted that the Planning staff has interpreted Condition No. 5 to re- quire that the internal sidewalks, which are to be Installed between the parking area and the recreational facilities, be extended to the property boundaries and then west to the North 7th Avenue right-of-way so the subject parcel is connected to those on either side. He stated that upon questioning by the applicant, the staff reviewed the minutes from that publiC hearing but were unable to determine the Commission's intent for that condition. He then asked for clarification of that condition. Commissioner Vant Hull asked If there is need for more than the internal walkway system. Planner Brey reminded the Commission of their recently-adopted sidewalk policy, which allows for an internal walkway system connecting the parcels In an M-1 zone in lieu of a sidewalk along the public right-of-way. He then questioned where the sidewalk align- ment is anticipated In that area, suggesting it would be difficult to know where to end the westward extension from the Interior walkway toward the street. City Manager Wysocki asked If the sidewalk policy was developed to provide for connection from one parking lot to another in the industrial zones. Planner Brey indicated it does. He noted that such a policy may work well in an area such as Lea Way, where the buildings are built approximately the same distance from the street. He noted that In this instance, the facility is located a substantial distance from the street; and the Internal walkway for that development is more removed from the 05-01-89 - . .. -12- street than may have been anticipated in the policy. Commissioner Goehrung asked if the sidewalk will be constructed between the park- ing area and the development. Planner Brey Indicated that the sidewalk Is required under the zoning regulations and will be Installed. The Planner then stated that the proposed condition requires that the extension of that internal walkway to the adjacent properties must be completed prior to occupancy of Phase I. He suggested that the requirement could be extended over a lon- ger period of time through execution of an improvements agreement. Commissioner Hawks noted the .Commisslon established the option of internal walk- ways between properties in the M-1 zone because they felt that may be more appropriate than requiring the external pedestrian circulation system in those areas. He noted this Is an isolated development at this time; however, there may be a time when development on either side of this site may prompt the need for extension of the internal walkway system. City Manager Wysocki reminded the Commission that the applicant is required to sign a waiver of protest for the installation of sidewalks along North 7th Avenue at the time they are required in the area under this condition. He then suggested that the ex- tension of the internal walkway system could be required at the discretion of the Director of Public Service, which could address those concerns which have been raised. Commissioner Martel asked Mr ..Metzger if that revision to this condition is satisfac- tory. Mr. Bill Metzger expressed concern about being required to install two sidewalks. He indicated a willingness to extend the Internal walkway to the adjacent parcels If it elim- inates the need to "install one in the public right-of-way in the future. City Manager Wysocki noted that people tend to walk in a straight line. He cau- tioned against exempting this property from the requirement to install the sidewalk along North 7th Avenue at the same time others in the area are required to do so. It was moved by Commissioner Martel, seconded by Commissioner Goehrun9, that Condition No.5 for approval of the Conditional Use Permit for Adventureland, Inc., be revised to read: A waiver of protest for the installation of sidewalks along North 7th Avenue must be provided by the property owner. The sidewalk adjacent to the sub- ject parcels will be required at the time other sidewalks are required in the area. An internal walkway system connecting the subject parcel to adjacent parcels shall be constructed at the discretion of the Public Service Director. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. 05-01-89 .t .. -13- Staff report - establishing fair market value of lots for auction sale in Valley Unit Subdivi- sion City Manager Wysocki submitted to the Commission a memo from Administrative Ser- vices Director Camradt concerning establishment of fair market values on the twelve Valley Unit lots which are proposed for auction sale on Thursday, June 8, 1989. He noted that these values have been established in the same manner as they were for the first auction, with the appraised values as established by two real estate agents being averaged. Administrative Services Director Gamradt recommended that the terms of the sale be established as they were for the first auction sale, including: 50 percent down at the time of the auction, with the City to finance the remaining 50 percent at an 8-percent interest rate for a two..,year period, with semi-annual payments due on the quarters opposite the assessment dates. Commissioner VantHul1 asked if all of the buyers at the first auction sale took ad- vantage of the City's financing option; the Administrative Services Director stated they did. Commissioner Hawks noted that in this auction there are three adjacent lots, which reflects a different philosophy than was followed In the first auction. The Administrative Servlces Director indicated that this configuration is in response to comments received following the first auction. He then Indicated that the lots may be sold separately, or they may be auctioned at the same time, with the high per-lot bid tak- Ing one, two or all three of the lots. In response to a question from Commissioner Hawks, Administrative Services Direc- tor Camradt stated that the auction 'sale is to be held on Thursday, June 8, at the GranTree Inn. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission establish the fair market values for Valley Unit Subdivision lots to be sold at public auction on Thursday, June 8, 1989, as follows: Fair Market Value Lot Block 16 38 3 21 5 22 3 37 4 37 5 37 2 30 4 39 1 21 13 29 3 9 1 10 $ 2,050 2,775 2,975 2,875 2,875 2,875 2,925 2,925 2,725 3,025 5,425 5,638 and set the terms for the sale of the lots as follows: 50 percent of the purchase price as {~~ a dOwnpayment, with the balance to be carried by the City for a two-year period at an inte'rest'rate of 8 percent, with semi-annual payments to be made in quarters opposite the 05-01-89 ~. -14- due dates for taxes and special assessments, and with no prepayment penalty. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none . Discussion - possible funding of certificates for rabies vaccinations City Manager Wysocki reminded the Commission that they had requested this dis- cussion be placed on the agenda. He then submitted to the Commission a letter from the Gallatin County Commission regarding this issue. He noted that at last week's meeting, Commissioner Goehrung indicated that the Humane Society is funding 200 certificates for a $5.00 discount on a rabies vaccination at a local participating veterinarian's clinic. He noted the COlllmissioneral.sosuggested that the City and the County each fund 50 certifi- ., . cates in the amount of $5.00 to provide another 100 such certificates. This would be done in an effort to encourage more. residents of the County to vaccinate their domestic pets. The City Manager stated that the letter he just distributed from the Gallatin County Com- mission reveals that they are willing to participate in this program as proposed. He noted that having both entities participating Will eliminate any need for determining if a person is a city resident or a county resident. Commissioner Goehrutlgstated that the Humane Society has been in contact with lo- cal veterinarians; andma."y of .them have indicated support for the program. He noted that when a veterinarian receives a certificate, he wi II credit the $5.00 to the customer, then charge the HumaneSocietyfo.. that discount. He stated that a list of those veteri- nary clinics where the certifICates are honored will be printed on the back of the certifi- cate. He indicated that the same format will be used as those certificates for spaying and neutering, noting that the certificates will be good for a specified period of time. It was moved by Commissioner Va.nt Hull, seconded by Commissioner Martel, that the Commission authorize the expenditure of $250.00 for 50 certificates in the amount of $5.00, to be distributed by the Humane Society for rabies vaccinations. The motion carried by the following Aye and No vote: .those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Discussion - Commission. Resolution No. - revising the rules of procedure Mayor Pro Tempore Hawks requested that this item be deferred until after the evening session, to allow Mayor Stiff an opportunity to participate. 05-01-89 .. 1. -15- Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Agenda for the Highway Commission meeting to be held in Billings on Friday, May 5. Commissioner Martel indicated that he will attend the meeting, since he will be in Billings on that date. (2) Agenda for the Board of Adjustment meeting to be held on Monday, May 1. (3) A copy of the notice of vacancy on the Board of Adjustment, which is cur- rently being published with an application deadline of noon on Wednesday, May 10. (4) A copy of the notice of position opening for the community arts and beautifi- cation coordinator. (5) A copy of the revised revenue and expenditure figures for this year's beauti- fication program. (6) A copy of the water supply outlook for March 1989. The City Manager noted that precipitation in March was above average; however, the year-to-date precipitation is still below average. Also, the snowpack is a little below normal for this time of year. (7) A letter from the State of Montana Department of Health and Environmental Sciences transmitting a landfill inspection report. The City Manager noted that the litter referred to in the letter has been picked up. (8) A letter from Michael J. Lilly, attorney, and copy of a deed transmitting ownership of property from John P. Scully to the City. The City Manager stated this is a gift of a portion of the Milwaukee Railroad right-of-way, adjacent to the City's linear park. Commissioner Vant Hull suggested that the Commission write a letter of thanks to Mr. Scully for this gift. She then suggested that possibly the City should contact Mr. Don Nell to see if he would be willing to donate, or partially donate, his property immedi- ately adjacent to this site as a part of the linear park as well. (9) The City Manager reminded the Commission of the meeting at 9:30 a.m. to- morrow in the SUB Ballroom B to review the sketch for the Centennial Mall. (10) The City Manager stated that on Wednesday, Bozeman will host the meeting of large cities. He indicated that City Managers and key staff members from most of the larger cities in Montana will be attending. One of the topics of discussion will be Section 89, which pertains to the cost of benefits8nd how they are to be treated under new fed- eral regulations. (11) The City Manager stated that bollards and signs for the linear park have been erected by the Student Chapter of AGC in three locations . 05-01-89 , -16- Commissioner Martel asked if the listing on the claims is for the purchase of the materials for the bollards and signs; the City Manager indicated it is. Commissioner Vant Hull asked when signs will be posted indicating that no motorized vehicles are allowed along the linear park. (12) The City Manager announced that Life Link is in the process of installing a leach field. (13) Commissioner Goehrung submitted to the Commission a copy of a letter he has sent to Alec Hansen, Executive Director of the League of Cities and Towns, suggest- ing the topic of solid waste disposal for the League Convention in September. (14) Commissioner Goehrung stated that the County Health Board will meet at 7:00 a .m. on Wednesday. At that meeting, Dr. King will submit a presentation on rabies simi- lar to the one he recently gave to the Commission. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Ap Re Claims It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Recess - 4:28 p.m. Mayor Pro Tempore Hawks declared a recess at 4: 28 p. m., to reconvene at 7: 00 p.m., to conduct the scheduled public hearings and complete the routine business item. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and complete the routine business item. Public hearln~ - Commission Resolution No. 2744 - i.ntent to vacate East Cottonwood Street from North C urch Avenue to North Rouse Avenue This was the time and place set for the scheduled public hearing on Commission 05-01-89 ,. -17- Resolution No. 2744, as approved by the City Attorney, entitled: COMMtSSION RESOLUTION NO. 2744 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF THE GO-FOOT RIGHT-OF- WAY FOR EAST COTTONWOOD STREET LYING BETWEEN BLOCK 118 AND BLOCK 119 OF THE NORTHERN PACt-Fie ADDITION TO THE CITY OF BOZEMAN, MONTANA, MORE COMMONLY LOCATED BETWEEN THE EAST RIGHT-OF-WAY LINE OF NORTH ROUSE AVENUE AND THE WEST RIGHT-OF-WAY LINE OF NORTH CHURCH AVENUE. Mayor Stiff opened the public hearing. City Manager Wysocki stated that this Resolution states the City's intention to va- cate that portion of the GO-foot right-of-way for East Cottonwood Street lying between the east right-of-way line of North Rouse Avenue and the west right-of-way line of North Church Avenue. He stated that this right-of-way would be replaced by a 30-foot easement for development of future utilities as well as providing access to the creek and possible drilling of a well for de-Icing purposes. Ms. Velma McMeekin, 425 East Cottonwood Street, stated that her property borders the north side of the subject right-of-way. She then stated support for vacation of the street right-of-way, provided the 30-foot easement is centered on the centerline of the right-of-way. She expressed concern that if the easement were located along the north half of the right-of-way, she would be required to pay taxes on the additional property but would be unable to use it. Mr. Leo Benolken, 704 North Rouse Avenue, stated his property is located along the north side of the East Cottonwood Street right-of-way. He then stated support for the street vacation, indicating he has no problem with where the easement is placed. Mr. Bill Roller, 501 East Peach Street, indicated his property is located along the south side of the right-of-way. He noted he was the original petitioner for vacation of this portion of the East Cottonwood Street right-of-way. He then reminded the Commission that under the master plan, Peach Street and Tamarack Street are listed as the arterials for that area. He also indicated he does not antIcipate that East Cottonwood Street would be extended across the creek. Mr. Roller then stated support for centering the utility easement on the centerline of the existing right-of-way, noting that is appropriate. He indicated that he feels it is in the best interests of the City as well as the residents in that area to vacate this right-of-way. Mayor Stiff closed the public hearing. City Attorney Becker reminded the Commission that the utility easement must be fully executed before thisr'lght-of-way can be vacated. Commissioner Vant Hull stated she does not support this requested vacation because the City will probably need to purchase additional right-of-way for East Peach Street at 05-01-89 05-01-89 .....1 '"" -18- some time In the future. She stated action on this request should be deferred until the City has had an opportunity to seek a legislative change to allow a City to charge for the value of the property vacated, since It belongs to the entire community. It was moved by Commissioner Coehrung, seconded by Commissioner Hawks, that the Commission authorize and direct the staff to proceed with the process for vacation of the 60-foot right-of-way for East Cottonwood Street lying between the east right-of-way line of North Rouse Avenue and the west right-of-way line of North Church Avenue, con- tingent upon receipt of a fully executed 30-foot easement centered in the right-of-way. The motion carried by the following: Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner, Hawks, Commissioner Martel and Mayor Stiff; those voting No be- ing Commissioner Vant Hun. rofessional This was the time and place set for the public hearing on the Conditional Use Per- mit requested by the Advanced Technology, Inc. to allow a professional law office to locate In the Advanced Technology Park. The subject site is described as Lot 1 of Block 1 in the Advanced Technology Center Subdivision, located in the northeast one-quarter and the northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, and is more commonly known as 910 Technology Boulevard. Mayor Stiff opened the public hearing. Planner Tom Sheely presented the staff report. He stated that at Its April 25 meeting, the Zoning Commission conducted its public hearing on this application and subse- quently forwarded It to the Commission with no recommendation. Planner Sheely then reviewed the major concerns listed in the staff report. He re- minded the Commission that in May 1988, they passed a zone code amendment to allow pro- fessional offices as a conditional use in the TR, Technology Research, district. He stated that Advanced Technology, Inc., has submitted this application to allow the law firm of Berg, Lilly, Stokes, Andriolo, Tollefsen and Schraudner to locate in Building No.1, Unit 2. The Planner noted that some improvements, including a 9-foot by 18-foot landscape Island In the parking lot, have been installed even though they were not shown on the fi- nal site plan for the Advanced Technology Park. He then requested that this island be shown in the final site plan for this application, so that it accurately reflects the site. He also noted that trees have been substituted for lilac bushes along the south end of the parking lot; and that should also be reflected in the final site plan for this application. Planner Sheely stated the Issue of maintaining the integrity of the Technology Re- ~'~~ -19- sE!lirch' district, whi Ie allowin9professional offices, was carefully reviewed. He noted it was the intent of the zone code amendment to ailow professional offices as an accessory use to the permitted uses. He also noted that the amount of TR zoned land is limited in the community; and concern was raised about such areas being filled with professional offices. The Planner stated that the staff concluded that since this application would involve less than 10 percent of the total building ,it would meet the intent of the zoning regulations. Planner Tom Sheely stated that the developmental guidelines for the Advanced Technology Park do not reflect allowing professional offices as a conditional use; and they should be modified. The Planner stated that following its review of this application, the Planning staff recommended approval, subject to four conditions. Mr. Roger Flair, President of Advanced Technology, Inc., stated the company is a private, for-profit Montana corporation. He indicated they receive no monies from the University to support their operation. He noted they own and operate the Advanced Technology Park, which is a 90"'acre planned unit development located at the southwest corner of the intersection of West College Street and South 19th Avenue. He stated their objective Is to promote Innovative technological research in a "full service" high tech park. He noted they have been working closely with the Gallatin Development Corporation and the State of Montana Department of Commerce to attract high tech companies to the State and to the Park. Mr. Flair stated that Advanced Technology, I nc. has Invested $600,000 in con- struction of streets , curbs, gutters and sidewalks. They have also constructed one 50,OOO-square-foot building at a cost of $2.25 million. He noted the entire building was originally leased to MSI Detoxifh::ation, inc.; and the improvements to the interior of that building were constructed to meet their needs. Mr. Flair stated that at the present time, Module No. 3 is fully occupied and a por- tionof Module No. 1 is occupied .He stated that Module No. 2 is the one for which this application Is being made. He indicated there is a total of 17,000 square feet in that mod- ule; and this law firm proposes to lease approximately 4,400 square feet of office space in that area. He stated this is less than 1'0 percent of the total building, and less than one-half percent of the total proposed development in the Tech Park. Mr . Flair stated that the subject law firm has been created through the merger of two existing law firms; and neither had adequate space for the combined offices. He stat- ed they approached the Advanced Technology, Inc., about this space, which meets their needs very well. He indicated that, since they needed office space immediately, they did move in prior to processing of this application. He then stated that an out-of-state technical firm has been looking at the other portion of that module; however, they have 05-01-89 .... '4, -20- indicated they have no need for the large office space In that area. Mr. Roger Flair then reminded the Commission that this is a conditional use applica- tion, not a zone map change, spot zoning or a variance. He then requested approval of this application. Commissioner Vant Hull expressed concern that the law firm moved into the subject site before the appl ication was processed, noting she hopes this situation does not occur with any regularity. Mr. Flair pledged that it will not happen again. Commissioner Vant Hull noted that during discussion on the zone code amendment to allow professional offices asa conditional use in the TR districts, the issue of placing a ceiling on the amount of professional office space at 40 percent was raised. She stated that after discussion, the Commission determined it was more appropriate to omit any ref- erence to percentage of space. Mr. Flair stated that the deed contains restrictive covenants which do not allow more than 10 percent of the space to be used for professional offices. City Manager Wysocki suggested that Condition No.1, as recommended by the staff, be revised to refer to "conditlonalu and "accessory" uses rather than "permitted" uses. Commissioner Hawks asked if the applicant accepts the conditions recommended by staff; Mr. Flak indicated they do. Mayor Stiff asked how the' restrictive covenants may impact the Commission's deci- sion on this item. City Attorney Becker stated the applicant is bound by the restrictive covenants; however, the City is not party to those. Mr. Lee Stokes, Berg, Lilly, Stokes, Andriolo, Tollefsen and Schraudner, briefly reviewed the history of the two firms which just recently merged. He stated that the firm needed a substantial amount of room, which was not available in either of their existing lo- cations. He then stated that a review of professional office space available revealed that this subject location met their needs extremely well and was available immediately. He then requested approval of this application. Mr. Michael Delaney, owner of the former Valley Unit property, stated he Is the other major owner of TR zoned property in Bozeman. He then stated support for this ap- plication and urged the Commission's approval. Mr. Steve Barrett, attorney representing Mr. Roy Woods, owner of the Martel Cen- ter, spoke in opposition to the requested Conditional Use Permit. He expressed concern about the integrity of the zoning process if this application is approved. He stated the Tech Park is an extremely good idea, noting the purpose of developing such an area is to 05-01-89 . ... .... -21- ~.ttract high technology firms. He then stated that the economic situation shou Id not gov- ern the use allowed in a zone, expressing concern that to allow professional offices in the TR zone would create spot zoning or a variance situation that would establish a dangerous precedent. Mr. Barrett then stated the deed restriction referred to by Mr. Flair was on the deed from Montana State University to the MSU Alumni Foundation; however, it was not listed on the deed from the MSU Alumni Foundation to Advanced Technology, Inc. He fur- ther indicated that the deed restrictions as listed on the first deed stipulated that they were not enforceable by a third party. Mr. Barrett then stated that one of the Tech Park's current tenants does computer service and maintenance, questioning whether they meet the qualifications for high tech- nology. He then stated there is a finite amount of TR land available; and questioned the advisability of allowing uses such as this to consume It. He noted that at the present time, there is no limit on the amount of space that could be utilized for professional offices in the TR district. Mr. Steve Barrett then urged Commission sensitivity on this issue, cautioning that they should avoid establishing a pattern of people seeking permission after the fact. He noted that the zoning process must be carefully protected. In response to a question from Commissioner Hawks, Mr. Flair indicated that Com- puter Systems and Maintenance Company occupies approximately 3,400 square feet. He then indicated they design computing systems and do accessory sales and maintenance. He stated their operations do fall within the permitted uses in the Tech Park. Commissioner Hawks noted the Intent of the TR district has been established. He also noted that accessory uses, In some reasonable percentage, will not undermine the in- tegrity of the TR district. Commissioner Goehrun9 asked if the Commission should include a 10-percent limita- tion on professional offices in the documents for approval of this application, since the City is not party to and cannot enforce any covenants which may exist on the deed. Mr. Flair stated that professional offices are to be accessory uses only with the Tech Park. He then noted that at the present time, development in the Park includes ILX Lightwave and Computer Systems and Maintenance, which are high tech firms, and th is law firm. He then indicated the law firm has done some legal work for the other two firms. Mr. Barrett stated that Computer Systems and Maintenance is not totally a high tech firm; therefore, its space should also be considered a non-technology area. He noted that in that case, there is 17 to 18 percent of the building being used in a manner not in compliance with the underlying zoning. Mr. Barrett then stated he has copies of the two deeds to which he referred earlier; and he would be happy to submit copies of those to 05-01-89 . .... '1. -22- the City for review. Mayor Stiff as.ked if covenants normally transfer with title. The City Attorney re- sponded that they usually do, but he would need to review the deeds before responding in this particular situation. City Manager Wysocki suggested that the appropriate place for the City to address the issue would be through the developmental guidelines, whether the City has control over that condition. He reminded the Commission that it does not have authority to en- force covenants between two private parties. Break - 8:09 to 8:14 p.m. Mayor Stiff declared a break from 8:09 a.m. to 8:14 p.m., to allow the Commission an opportunity to confer with the City Attorney and the City Manager. City Manager Wysocki noted Mr. Barrett has raised the issue of covenants. He then reiterated his suggestion that those Items be addressed in the developmental guide- lines, noting that Section 17.2.2 could be revised to accommodate the percentage of profes- slonal space allowed. The City Manager then reminded the Commission that some profes- sional office space was anticipated in development of this area, noting that a portion of the property has been zoned B-2. He noted that the zone code amendment to allow profession- al offices in the TR district was adopted subsequent to approval of the developmental guidelines for this project. He noted a further complication Is that the Tech Park is being developed under a planned unit development, which is now being reviewed under the con- ditlonal use process. The City Manager then stated the staff does not concur that this is an issue of spot zoning. He did note, however, that Mr. Barrett was correct in his ob- servation that economic need cannot be the basis for a zoning decision. A majority of the Commission concurred with the City Manager's recommendation that the developmental guidelines be revised. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. B rea k 8: 25 to 8: 28 p. m . Mayor Stiff declared a break from 8:25 p.m. to 8:28 p.m., in accordance with Com- mission policy establ ished at their regular meeting of March 14, 1983. Public hearin construction 0 05-01-89 .... . '. -23- er Drive, west of Stor Mill Road, south of ThiS was the time and place set for the public hearing on the Conditional Use Per- mit requested by Rex Easton for Golf Course Partners, Inc., to allow construction of an 18-hole 901.f course, pro shop and practice facilities on Certificate of Survey No. 1353, located in Section 31, Township 1 South" Range 6 East, Montana Principal Meridian. The site is more commonly located north of Bridger Drive, west of Story Mill Road, south of the City's landfill and east of the East GalJatin River. Mayor Stiff opened the public hearing. City Manager Wysocki submitted to the Commission a copy of a letter from Mr. Easton to Mr. Jim Banks, Chairman of the Zoning Commission, following their public hear- ing on this application. Planner Dave Skelton submitted' the foltowing letters to the Commission: letters of support from Daye Manley ,689 Manley Road; Gene and Leona Ballinger; Glenn H . Lehrer, P. E., 8636 Panorama East; Steve Houser, 1025 Story Mill Road; Fred Bell, Cook-Bell Real Estate, 611 West Main Street; DorQthy Beyl; and Patricia Hash. Letters of opposition were submitted by Shannon Walden, Box 529lJ; William C. Turner, 617 South 5th Avenue; and Aleine Lammer ,6140 Bridger Canyon Road. The Planner noted that the letters in opposi- tion refer to th,e protection of wildlife habitat. Planner Skelton then presented the staff report. He reminded the Commission that this application was originally approved py the Commission on June 1, 1987, subject to eleven conditions, and again on July 5, 1988, subject to the same eleven conditions. He stated the applicant did not have any disagreement with those eleven conditions, but he was attemptin9 to addr~ss the long range master plan for the development prior to begin- ning construction on this proposed golf course. He noted that the six-month period fol- iowing Commission approval expired befo.re the applicant could obtain the necessary final site plan approval. Planner Dave Skelton reminded the Commission that this application is for con- struction of an 18-hole golf course, pro shop and practice facilities only, and does not in- clude any residential or commercial development. He noted that two water courses, Bridger Creek and the East Gallatin 'River, traverse this property. Access to the golf course is to be from Bridger Drive, with a service access from Story Mill Road. He then reminded the Commission that this application is the one that was before them twice and approved, as noted above. Planner Skelton stated that following review of the application, the Planning staff recommended approval, subject w the same eleven conditions that were previously at- tached. He stated that the Zoning Commission conducted its public hearing on this appli- 05-01-89 . ... .. -24- cation at its meeting of April 25, after which they recommended denial. He noted the pri- mary concern related to wildlife habitat on the subject property. The Planner then distributed to the Commission a letter from Mr. Don Bianchi, Re- gional Information Officer for the Montana Department of Fish, Wildlife and Parks, dated September 18, 1986. He stated that in that letter, Mr. Bianchi expressed concern that de- velopment of the golf course would have a negative impact on the game located on that property. He noted that since that letter was written, Mr. Jerry Wells, representing the Department of Fish, WfldHfe and Parks, testified in support of the conditional use permit application at the first hearIng;. and Mr. Doug Abraham, also representing the Department of Fish, Wildlife and Parks, spoke. in support of the application at the second hearing. He stated one of Mr. BianchI's concerns was that the riparian areas along Bridger Creek and the East Gallatin River would'be impacted. The Planner then reminded the Commission that they have adopted ordinances which require a 35-foot setback from the streambank, as well as a 5-foot natural vegetation strip back from the waterline. Planner Skelton stated another concern raised was the fact that no Environmental Impact Statement is being required under this application. He then reminded the Commis- sion that an EIS is required through the subdivision review process, rather than the con- ditional use process. Mr. Robert Lee, planning consultant representing Golf Course Partners, reminded the Commission that the subject parcel is 287 acres in size; and low-density residential de- velopment around the golf course will be proposed at some time in the future. He then stated that a large portion of the subject property is located in floodplains ; and that area, as well as the steep slopes ,is where the golf course is proposed. He further noted the property is divided by Mcllhattan Road; and that roadway was taken into consideration when the plan for the golf course was developed. Mr. Lee stated that the proposed golf course will have minimal impact on the floodways and floodplains on this property. He noted there will be a bridge across Bridger Creek for golfers; however, that will be in- stalled under a 310 permit so the appropriate review is ensured. Mr. Lee stated that the applicant proposes to use as much natural vegetation along the waterways as possible, noting that will retain the natural beauty of the area while min- imizing the costs of landscaping the golf course. He stated they do plan to remove the existing riprap, which includes old car bodies at the present time, and work with the SCS and the Department of Fish, Wildlife and Parks to upgrade Bridger Creek and the East Gallatin River with riprap. Mr. Lee stated this application allows for a project which will protect some of the sensitive and interesting areas of Bozeman. He noted it will also protect the wildlife habi- tat, and provide additional buffering for the East Gallatin Recreation Area. He indicated 05-01-89 , ~ -. -25- that the golf course covers at least the 35-foot setback from the streambank; and extends much further in most instances. Mr. Robert Lee stated that this application also provides an opportunity to improve one of Bozeman'sentryways. He noted it will also contribute to the changing of the northeast segment of the community, which has already begun. He also stated it provides a good transition from the low-density -rural development to the north into the city-density development. Mr. Rex Easton, President of Golf Course Partners, Inc., stated the environmental issue must be addressed. He reminde.d the Commission that this application is for a golf course only. He noted, however, that they are beginning to revitalize the master plan amendment for this development; and that will appear before the Commission in the future. He indicated that he Is now more prepared to proceed with this project, and is more com- fortable with the circumstances under which that will be done. Mr. Easton then stated it has been their position to protect and enhance the wildlife habitat along Bridger Creek and the East Gallatin River. He indicated that, based on that concern, they will work with the Department of Fish, Wildlife and Parks as well as the Soli Conservation Service and any other appropriate agencies to ensure that goal is met. He then proposed that the Commission add the following condition to approval of this applica- tion: "That the applicant submit the preliminary plat to the Fish, Wildlife and Parks for review and comment prior to submittal of the final site plan to the Planning Department. II Commissioner Vant Hull suggested that the condition be revised to state "... for review, comment and approval prior to submittal ... "; Mr. Easton concurred. Mr. Jack Schunke, Morrison-Maierle, representing the appl icant, stated that he dis- cussed the letter from the Department of Fish, Wildlife and Parks, dated September 18, 1986, with Mr. LeRoy Ellig, whose name also appeared on the signature line. He noted that Mr. Ellig indicated that is a standard letter sent to ensure that the 35-foot setback is observed. He stated that the Department is willing to meet with the applicant to discuss the various concerns and submit suggestions on how to minimize the impacts. He then in- dicated this is a positive project, which will protect the subject site. Commissioner Vant Hull asked if there are golf courses where the habitat is protect- ed, suggesting that maybe some of the grass could remain unmowed. Mr. Easton stated that he golfs at Riverside Golf Course. He noted that he has seen wildlife ranging from deer, geese and sandhill cranes to fresh water shrimp. He noted that deer and elk are .alsoseen at the- ~alley View Golf Course; and skunk and fox slghtings are not uncommon on a golf Course. Mr. Easton then reminded the Commission that the subject parcel is zoned AS, Ag- ricultural Suburban. He noted that the proposed golf course will provide more protection 05-01-89 ..f. '#r -26- for and stabilization of the streambanks than an agricultural use, where cattle may go to the creek for water. He then indicated he feels this use is appropriate and requested ap- proval of the application. I n response to a question from Commissioner Vant Hull, Mr. Easton indicated that the 35-foot setback from the streambank and the 5-foot natural vegetative strip create no problems. He noted that they propose to leave that area alone, except where the bridge will cross the creek. Commissioner Vant Hull noted concern has been raised about the herbicides and pesticides which are used on a golf course, and how they may affect the water. Mr. Easton responded that he is a licensed pesticide applicator in the State of Montana. He noted that EPA and State regulations are quite strict in how those items are applied. He further indicated it is his philosophy to use as little fertilizer and chemical assistance as possible. Mayor Stiff asked Mr. Easton if he agrees with the eleven conditions for approval, as recommended by the Planning staff; he indicated he does. Mayor Stiff then asked Mr. Easton if he understands that approval of this applica- tion for a golf course does not imply that the Commission is passing judgment on any fu- ture development of the remainder of the parcel; Mr. Easton indicated he understands. Mr. Michael Delaney stated he is familiar with the land uses which surround the subject site. He commended Golf Course Partners for their willingness to propose this golf course development in this area, noting It will enhance that part of the community tremen- dously. He cited the warehouse complex to the south, signage in the area, junk vehicles, the entrance to the landfill and the railroad spur as unsightly uses in that area. He not- ed this project involves only a golf course at this time, which would ensure that the wild- life habitat would not be destroyed. He then encouraged Commission approval of the ap- pi ication. Mrs. Billie Ratcliffe, 1280 Story Mill Road, spoke in support of the application, not- ing that the area north of town is becoming a "dumping ground". She noted there were many deer in that area this winter; and she stated that the golf course development would ensure buffering between the creek and any development in that area. She then noted the area needs another golf course and encouraged approval of the application. Mr. Mark Luce, resident of Bozeman, stated support for the appl ication and en- couraged approval. Mr. Richard Murphy indicated he has been involved in grounds maintenance at both Riverside Golf Course and Valley View Golf Course for the past five years. He stated that he has seen a lot of wildlife on the golf course, encouraging support of this application. No one was present to speak in opposition to the requested Conditional Use Permit. 05-01-89 .- ) :f~. .... '\" ./ -27- Mayor Stiff closed the public hearing. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by Rex Easton for Golf Course Partners to allow construction of an l8-hole golf course, pro shop and practice fa- cilities on COS No. 1353, located in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: 1 . That plans and profiles of the access road through Tract D via Bridger Drive be reviewed and approved by the City Engineer prior to final site plan approval; 2. That a method of dedication of the right-of-way through Tract D be reviewed and approved by City Staff prior to final site plan approval; 3. That a dead-end barricade be provided at the terminus of the main access road and that details of the barricade be reviewed and ap- proved by the City Engineer prior to final site plan approval; 4. That any stream diversion structures along with application for a floodplain development permit be reviewed and approved by the City Engineer prior to final site plan approval; 5. That review and approval by the County Sanitarian for water well, septic tank, and subsurfa.ce drainage field be submitted to the Plan- ning Office prior to final site plan approval; 6. That a 310 permit from the Soil Conservation District be received for any alteration or activity in the East Gallatin River and Bridger Creek and submitted to the Planning Office prior to final site plan approval; 7. That an access permit onto Bridger Drive from the State of Montana Department of Highways be acquired and submitted to the Planning Office prior to final site plan approval; 8. That the applicant submit the preliminary site plan to the State of Montana Department of Fish, Wildlife and Parks for review, comments and approval prior to final site plan approval by the Planning Direc- tor; 9. Thr.ee copies of the final site plan containing all the conditions, cor- rections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit or busi- ness I icense for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 10. If improvements are not installed prior to final site plan approval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 11. If occupancy of the structure or commencement of the use Is to occur prior to Installation of the improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled Improvements; 05-01-89 .. ~1' ... ). -28- 12. All on-site improvements shall be completed within 18 months of final site plan approval of the Conditional Use Permit. The Conditional Use Permit sha'U be valid for a period of 18 months following approval of thefipafsite plan. Prior to the permanent renewal of the permit at the end 6f tbat period, the applicant must satisfy all the conditions in the granting of the permit." An on-site inspection will be made and a report made tothe City Commission for their action. If all required cQnditlons have been satisfied. the permit will be permanently re- newed. The motionca"ri~d.by the following Aye and No vote: those voting Aye being Commission- '. er Vant Hull, Commissioner Martel, Commissioner Goehrung , Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion -. Commission Resolution No. - .' revising the rules of procedure City Manager Wysocki submitted to the Commission a resolution, as drafted by the RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING RULES OF PROCEDURE FOR THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHICH WILL PERMIT AND EN- COURAGE,PUBLIC PARTICIPATION IN THE DECISION-MAKING PROCESSES. City Manager WYSOCki reminded the Commission that this proposed resolution was discussed at their regUlar meeting of March 13, 1989; and further discussion was deferred until the entire Commission was present. City Attorney Becker reviewed the revisions which he had made to this draft reso- lution as a result of the discussion of March 13. During that review, there were revisions made to this draft, as noted below. Comrrilssi"oner Martel suggested that the last sentence of Section III. B. be revised to read"... first and third,Mondays of each month at the hour of 7 o'clock P.M., or as oth- erwisedesignated by the COmmission, in the City Commission Chambers in the Municipal Building located at 411 East Main Street, Bozeman, Montana, or in an alternative iocation as duly noticed. II TheColTlrru~ji€)ii'cohcurred. The first sentence of Section IV was revised to read II... shall be submitted by 12 o'clock noon on the Wednesday immediately preceding the next regularly scheduled Commis- sion meeting, with supportJngdocoments bein~ submitted by 5 o'clock P. M. on the Thurs- day immediately preceding the next regularly scheduled Commission meeting, with the ex- ception that ... II The City Manager indicated this statement more accurately reflects the process currently being followed; and the Commission concurred in the revision. City Attorney Becker stated the State Statutes refer to a IIPresident Pro Temporell and asked If the Commission wants to change the reference in this resolution from IIMayor Pro Tempore" to IIPresldent Pro Temporell to remain consistent with the Statute. Following a brief discussion, the Commission concurred It should remain as IIMayor Pro Temporell. 05-01-89 ~ ,,1 ').) ;""~, 'J , - .,..:~~2' '>." .'~i,:'~'~~ -29- Mayor Stiff noted that under the Order of Business, as set forth in Section X, llFYI Items" are not listed, although the llNOTEll below seems to cover that issue. The Commission concurred; and the order remained as submitted. City Manager Wysocki noted that the agenda in several communities includes a spe- cific item for llunscheduled citizens and visitorsll. He then asked if the Commission wishes to include that on the agenda. Following discussion, the Commission concurred that it should not be placed on the agenda, but is covered under specific agenda items or under llFY I ltemsll. City Attorney Becker then reviewed the llRules of Debatell as set forth in Section X II. Following discussion, the Commissioners concurred that the first sentence in No. 7 should be revised to state llAny member of the Commission who has an interest as defined by the Code of Ethics previously adopted by the City Commission, as established by the laws of the State of Montana, or as advised by the City Attorney, shall not participate in the debate nor vote in any matter. II They noted this more accurately reflects the manner in which business is conducted. Mayor Stiff then addressed No. 1 under Section XII. He stated that he feels this section should be revised to reflect the manner in which business is currently conducted. He noted that the Mayor is responsible for maintaining an orderly meeting; and he feels the ability to move or second from the Chair would create some problems in maintaining or- der. He reminded the Commission that the Mayor is not prevented from making or second- ing motions; however, it is a very deliberate process which he feels should be retained. Following discussion, the Commission concurred and directed the City Attorney to revise the section as needed. Commissioner Hawks noted that the Mayor is elected as a Commissioner, stating he feels the Mayor should retain the ability to serve the community as well as the other Com- missioners. He then noted that at the present time, the rotation for discussions begins to the immediate right of the Mayor. He suggested that on some topics, other Commissioners may be more versed, and they should possibly be given the opportunity to speak first. He suggested that at times, it may be appropriate for the Mayor to speak first on an is- sue. The Commission concurred with the recommendation and directed the City Attorney to address the issue In the resolution. City Attorney Becker stated he has been unable to find any procedure for re- opening of a closed public hearing. He indicated, therefore, that No. 5 under Section X allows for a motion to reconsider any Commission action, except re-opening of a closed hearing, on the day the action was taken. City Manager Wysocki suggested that further discussion on this issue be deferred until the staff has had an opportunity to contact other cities in the State to see how they 05-01-89 .' ,',; '...' -30- h.tndfe this situation. The Commission concurred. . ' The Commission then discussed the process for public hearings, as set forth in . . SectionXIV~ The only item they expressed any concern about was the second paragraph in No.6, which requires that due notice stating the date, time, place and subject matter be given prior to re-openlng of a public:: hearing. They then noted this issue will be ad- dressed after the staff has an opportunity to review the item with other cities. The Commission then discussed Section X III, which sets forth the order of presen- tation and public participation; with the foHowlng changes being made. In No. 1.a., the sentence was elided after "Commission", deleting the phrase "with a brief summary of the matter for discussion and may make a recommendation". No. 1.b. was revised to read "The City staff may present a background report on the matter for discussion. No.1. c. was deleted, since those questlons/:lre deferred until after the applicant has presented his comments. The Commission thenci'langed reference to "proponentll in Nos. 1.d., e. and h. to "appllcantll, which is more appropriate. No. 1. f. was revised to read "... beginning with those in favor of the proposal, then from those opposing the proposal, and then from anyone desiring to comment.1I City Attorney Becker noted there Is provision for rebuttal and asked if the Commis- sion wishes to allow for surrebuttal ~ The Commission concurred that they would; and he indicated he will make the appropriate change in No. 1.1. In Section X III, No.2., theCoinmission made a change to allow discretion in con- tinuin9 the public hearing by changing the word IIshall" to IImayll. City Attorney Becker stated that Section XVI is new, reflecting the procedure now used. Commissioner Hawks requested that a new sentence be added to stipulate that IISub- committees of existing committees may be appointed by the City Commission without public solicitation. II The Commission concurred. City Manager Wysocki noted that the Mayor has established the seating arrangement of the Commission in the past. He stated that this Issue is not addressed in this document and asked if it should be. The Commission concurred that establishment of the seating arrangement shall be at the discretion of the Mayor; and requested the City Attorney add that section in the appropriate place. Commissioner Hawks suggested a revision be made to Section XVIII, No. 3.(c) be revised to state that II All resolutions and emergency ordinances shall become effective upon passage. II to remain consistent with the previous sentence. The Commission concurred. City Attorney Becker noted the last sentence in Section XVIII, No. 3.(b) should be revised to indicate that "Reading of the title and number of the proposed ordinance or resolution ... II The Commission requested that this item be placed on the agenda for further con- 05-01-89 .:'",~,~.~:::~t~f~ " "'-. .' ~.. 1,... ....<100 ~". -31- sideFation after these revisions have been made. Adjournment - 10:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrun9, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 05-01-89 .'~'~'.'