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HomeMy WebLinkAbout1989-06-05 ~" w! ..~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA June 5, 1989 ************************ The Commission of the City 'of Bozeman met In regular session in the Commission Room, Municipal Building, June 5, 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 Following discussion, Mayor Stiff deferred action on the minutes of the regular meeting of May 15, 1989, for a period of one week until the staff can respond to proposed revisions. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes of the regular meetings of May 22 and May 30, 1989, be approved as amended. The motion carried by the following Aye and. No vote: those voting Aye being Commission- er Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Award bid - one 1989 sanitary landfill compactor City Manager Wysocki reminded the Commission that the bids for one 1989 sanitary landfill compactor were opened at the regular meeting of May 15; and award of the bids was deferred unti I staff had an opportunity to. carefully review the bids received. He then submitted to the Commission a memo from Director of Public Service Phill Forbes rec- ommending that the two bids received be rejected at this time and that the equipment be rebid. The City Manager then concurred with that recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission reject all bids received for one 1989 sanitary landfill compactor. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. limited service veterinary c1in- City Manager Wysocki reminded the Commission that this discussion was continued 06-05-89 'i'. , _, 4t -2- from last week's meeting. Planner Brey.brlefly reviewed the request before the Commission at this time. He stated that on May 23, the Planning staff received a request from All West Veterinary to allow a veterinary clinic in a B-1, Neighborhood Business, zone. He noted that staff found that veterinary clinics are permitted uses in the B-2, Community Highway Business, and AS, Agriculture Suburban, districts; however, they are not listed in the B-1. Plan- ner Brey stated the applicant requested that a veterinary clinic be considered the same as professional and business offices, which are listed conditional uses in the B-1 zone. After review, the staff found it could not make the requested determination, since the code seems to make a definite distinction between those office uses and veterinary clinics. The Planner indicated the applicant then requested that a veterinary clinic with a limited range of services, as outlined in the letter dated May 23, be allowed as a condi- tional use in the B-1 district; and that letter has been submitted to the Commission. He then stated that since this is not a listed permitted or conditional use, the staff is re- questing that the Commission make this determination, pursuant to Section 18.06.050 of the Bozeman Municipal Code. He noted the most similar uses appear to be variety stores, which are permitted; or professional and business offices or other specified retail uses, which are listed conditional uses in the district. Planner Brey then requested that the Commission evaluate this proposal under the provisions of the subject section, determining whether or not the use Is simi lar, or so simi lar so as to be interpreted the same, one or more listed permitted or conditional uses in the district. He reminded the Commission that if the use is found to not be the same as a listed permitted or conditional use, the appli- cant does have the option of seeking a zone code amendment to address the issue. He noted that if a limited service veterinary clinic is added to the list of conditional uses in the B-1 zone as a result of that action, the applicant would then go through the condi- tional use process. In response to a question from Commissioner Hawks, Planner Brey stated that if a limited service veterinary clinic is allowed in a B-1 zone, it should be as a conditional use. He noted this would allow review of a specific use; and issues such as odor and noise could be addressed and impacts on the neighborhood minimized. He then indicated the staff would suggest that this type of use be established through a zone code amendment, rather than through generic review for a professional office. Commissioner Martel noted there are four items listed under Section 18.06. 050(A) and asked if those are to be considered separately when determining a classification. Planner Brey stated it has been the Planning staff's position that all four of the questions listed must be answered positively before a use can be determined the same as a listed conditional or permitted use. 06-05-89 .~ I J iy -3- Commissioner Martel reminded the Commission that this proposed use is to be in the Southwood Planned Unit Development, which previously received a conditional use permit with specified uses allowed. He noted that some of the uses allowed under that permit are not specifically listed as permitted uses in the B-1 district. Mayor Stiff asked how the limited services for a veterinary clinic could be estab- lished in the B-1 district. Planner Brey responded that a definition for "limited service veterinary c1inics" could be included in the code through a zone code amendment. He noted that if this use were determined the same as a listed conditional use, the standard review would be done; and if it is determined the same as a listed permitted use, there would be no public re- view. I n response to another question from Mayor Stiff, the Planner indicated that the All West Veterinary has not proposed the sale of small pets; therefore, that would not be in- cluded in allowable uses. City Manager Wysocki reminded the Commission that at last week's meeting, he dis- tributed a copy of Section 18.28.010 of the Bozeman Municipal Code, which states the in- tent of the B-1 district as follows, "... to provide for small retail and service activities frequently required by neighborhood residents on a day-to-day basis, while still maintain- ing a residential character. II He noted that the applicant's letter refers to the subject lo- cation as their Bozeman area office; and he is not certain that is consistent with the intent of the district. He once again expressed concern about what might be included under "exotics" as proposed by the applicant. He then suggested that if this is allowed in the B-1 zone, it be as a conditional use. Commissioner Vant Hull noted that if this goes through the zone code amendment process and the conditional use process, public input will be sought. She then asked if area residents will be notified of those hearings, indicating she feels they should be. Planner Brey stated that advertisements for zone code amendments are published but are not sent to specific individuals, since the amendment applies to all properties with a specified zoning designation within the city. He then stated that when an advertisement of conditional use permit is published, it Is also sent to those residents within a specified distance of the subject site. Commissioner Hawks noted that currently there is a dental office, as well as a real estate office, in the subject development. He then suggested that a limited service veteri- nary clinic might be as appropriate as those uses are in the B-1 district. City Manager Wysocki expressed concern that the intent of the B-1 district, as list- ed in the Code, is not being carefully considered when decisions are made on proposed uses. He cited items such as an eight-screen theatre, which is located in the B-1 zone 06-05-89 ":'t , i ~i -4- near the University. Commissioner Hawks noted that not all neighborhood business districts are the same, but are affected by the surrounding neighborhoods. Mr. Tom Parac, 1616 South Willson Avenue, stated he feels that noise and odor must be carefully considered when addressing this request. He then expressed concern that the veterinary clinic could become a boarding kennel; and that could negatively impact the area. He indicated that if the proposed use is for a retail store, dispensing veteri- nary supplies, he would endorse It. Mr. Parac then requested that a public hearing be held on the issue so the various aspects can be discussed. Commissioner Vant Hull suggested that boarding of pets should not be allowed at the facility, since that would be similar to a kennel operation. Mayor Stiff expressed concern about taking action on this item when the applicants are not present at this meeting. It was moved by Commissioner Martel that the Commission determine that a limited service veterinary clinic is the same, or so similar so as to be interpreted as the same, as variety stores, which are permitted in the B-1 zone. The motion failed for lack of a sec- ond. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that a limited service veterinary clinic is not the same as, or so similar so as to be interpreted the same as, any listed permitted or conditional use in the B-1 zone. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Com- missioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No being Commis- sioner Martel. Commissioner Goehrung suggested that during revision of the zone code, the con- sultant be directed to consider the possibility of separating the B-1 zones around the Uni- versity from those in the rest of the community. He indicated that he feels the acceptable uses within those zones are quite different. Planner Brey concurred, noting that those areas around the University should pos- sibly be given a different zoning designation Instead of B-1. Continued discussion - ZoninQ Commission request for suspendlnQ zone code amendment actions City Manager Wysocki reminded the Commission that this discussion was continued from last week's meeting. He noted that the Zoning Commission has requested that the Commission establish a moratorium on all zone code amendments until revision of the zone code has been completed and adopted. He indicated this has been required as a result of their concern that many zone code amendments may be requested and processed during the 06-05-89 ~. i" l..; -5- revision process. The City Manager then reminded the Commission that at last week's meet- ing he suggested that the Commission may wish to approve suspending initiating any zone code amendment actions during the revision process; however, he stated he feels that zone code amendments requested by private parties should be processed so their projects can move forward during this time. He also noted that the number of amendments requested by third parties is very limited. Commissioner Vant Hull indicated that during the Zoning Commission meeting, Roger Craft raised this issue. She then stated that Stephen Custer, Chairman of the City- County Planning Board, has written a letter in which he indicates that the Board has dis- cussed this issue. She noted in that letter, Mr. Custer suggests it may be helpful to continue consideration of possible zone code amendments as guidance to the experts work- ing on revision of the zone code. Planner Brey indicated the Planning staff has discussed this issue as well. He not- ed that identification of needed text amendments would be helpful to the consultant. He noted, however, that processing of zone code amendments will require staff time; and the staff will be devoting a substantial amount of time to the revision process. He then sug- gested that zone code amendments be identified, but that they be addressed through the comprehensive revision rather than as amendments to the existing code. Commissioner Vant Hull stated she does not feel that a moratorium should be imple- mented, which would "tie everyone IS hands" until the revision process is complete. She then suggested that common sense be exercised in actual processing of zone code amend- ments between now and the time the newly revised code is adopted. Commissioner Martel noted concern about the connotation of a "moratorium" and in- dicated support for the proposal to allow processing of zone code amendments requested by third parties. He noted this will avoid someone becoming caught in a time freeze on such actions. Mayor Stiff noted that in listening to comments from the staff and the consultants interviewed, it is apparent that revision of the zone code will not be completed within ninety days, as originally proposed; and it may not be done within six months. He also indicated he does not feel that the zone code amendment process should be automatically stopped during the revision process. He then stated support for the City Manager's pro- posal to suspend action on City-initiated zone code amendments. Commissioner Hawks suggested that the Commission formally respond to the Zoning Commission's recommendation. In response to a question from Mayor Stiff, Planner Brey indicated the Zoning Com- mission does not seem to anticipate a backlog of text amendments that would be processed during the revision process. 06-05-89 ~ . i'l.,. -6- City Attorney Becker reminded the Commission there Is a procedure for implement- ing interim zoning regulations if they are concerned about the issue of zone code amend- ments during the revision process. City Manager Wysocki suggested the Commission may not need to take such a dras- tic step, but they could simply refer proposed zone code amendments to the consultant rather than through the amendment process. He cautioned against stifling developers in their processes during the updating. The City Manager then recommended that the Com- mission write a letter to the Zoning Commission expressing their views on this recommenda- tion. It was moved by ComlTlissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize and 'direct the Mayor to send a letter to the Zoning Commission expressing the following viewpoints on their recommendation that a moratorium be imple- mented on all zone code amendments: (1) that a moratorium, per se, is not necessary or desirable; (2) that they don't wish to stifle private development by eliminating the pos- sibility of some zone changes or alterations to the zone code text; (3) that Items of a housekeeping nature will be placed in the new code at the time the consultant'srecommen- dation is forwarded to the Commission; and (4) that any items ofa zone code amendment nature will be submitted to the consultant, through the staff, for possible inclusion in the revised zone code. 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. Recuest for reconsideration of conditions for Conditional Use Permit - William Timmerman, A a Carte City Manager Wysocki submitted to the Commission a copy of the conditions for ap- proval of the Conditional Use Permit to allow the sale of beer and wine at the A La Carte, 223 East Main Street, as adopted at the April 17, 1989 Commission meeting. He then In- dicated Mr. Timmerman is present to address this Item. Mr. William Timmerman, owner of the A La Carte, noted one of the conditions was that his landlord sign a waiver of protest for the creation of a special improvement district for alley improvements. He stated that he had requested this item be placed on the agen- da because that condition was creating a hardship for his business; however, Mr. Milner signed the waiver between the time he requested this action and today's meeting. The City Manager noted that when Mr. Timmerman requested this be placed on the agenda, he indicated a Commissioner had suggested he do so. He then reminded the Com- mission that the subject of Commission support of the staff when they enforce the con- ditions placed on an application has been discussed at least twice; however, no definitive 06-05-89 Ifi!' t i ..~ -7- answer has been given. He noted this is a case in point. Commissioner Hawks stated Mr. Timmerman approached him about this issue. He indicated that when he suggested it be placed on the agenda, It was not with the intent of reconsidering the conditions imposed, but to consider the problem created. City Manager Wysocki Indicated that this item has been resolved, therefore, no Commission action Is needed. ~~Iicatlon for Beer and Wine License - A La Carte, 223 East Main Street - Calendar Year City Manager Wysocki submitted to the Commission an application for a Beer and Wine License, along with the appropriate fee, for A La Carte. located at 223 East Main Street, for Calendar Year 1989. He then indicated that attached to the application is a letter from the State of Montana Department of Revenue, granting temporary approval pending issuance of the permanent State license. The City Manager then recommended that the Commission approve this application, contingent upon receipt of the permanent State license. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the application for Beer and Wine License for Calendar Year as submitted by A La Carte, 223 East Main Street, contingent upon receipt of the permanent State license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 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 presented the draft resolution, as prepared by the City At- torney, entitled: COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING RULES OF PROCEDURE FOR THE CITY COMMISSION OF BOZEMAN, MONTANA, WHICH WILL PERMIT AND ENCOURAGE PUBLIC PARTICIPATION IN THE DECISION-MAKING PROCESS. City Attorney Becker reviewed the revisions made, per the Commission discussion on this item, held at the May 1 meeting. During the review. the following revisions were made. Section VI. Revise third sentence to read "The Mayor shall state or cause to be stated every motion coming before the Commission..." Section XII. Revise numbering of Sub-sections 4. and 5. to 4.a. and 5.a.; renum- ber remaining sub-sections accordingly. Under Sub-section 4.a. change "or adjourned" to "and reconvened". Sub-section 6, as just renumbered, was revised to read "After a mo- 06-05-89 ., ~~ -8- tion, duly made and seconded, is made by the Commission..." Commissioner Vant Hull suggested that the newly renumbered sub-section 5. be revised to require that two Commissioners request an agenda item for reconsideration of a motion. Following discussion, a majority of the Commission concurred it should remain as it is. Sub-section X III. 1 . d. Revise to read "... di rect questions to the staff or appl i- cant. This was inadvertently eliminated in the revisions made in this draft. Commissioner Martel noted that Sub-section X 111.1 .e. should reflect the following change: "podiumll should be IIlecternll. The Commission concurred. Sub-section X 111.1 .g. Correct typographical error in lIapplicantll. Sub-section X 111.1 . h. Delete lito the applicantll. Sub-section X III. 1 . i. Revise second sentence to read II No person, other than a Commissioner and the person recognized as having the floor, shall be permitted to enter into any orderly dlscussion.1I Sub-section X III. 1 . m. Revise to read liThe presiding officer may limit the length of a speaker's presentation, provided all speakers are treated the same. II City Attorney Becker then addressed Section XIV, which pertains to public hear- ings. He stated that contact with the City Attorneys in Billings and Missoula revealed that after a public hearing is closed, it may not be re-opened without appropriate ad- vertising. He suggested that the Commission be sure it is ready to close a public hearing before doing so, noting it should be continued if there is a question. The following revisions were then made to Section XIV of this document. Section 2 was revised to include a correction to reflect the appropriate number of the above paragraph. The following sentence was then added: II For all public hearings, the Commission will wait one week before making a decision unless it is unanimously waived by the Commission. II City Manager Wysocki noted the one-week waiting period can be beneficial; howev- er, he cautioned that the decision must be based on the information received during the publiC hearing. He noted that a Commissioner may not solicit information or responses during that week, since his or her decision could then be based on information not submit- ted to the Commission as a whole; and that would flaw the process. Section XVI1.3.(c). Correct typographical error to read 1I...after the second read- l!!a and final adoption. II Commissioner Martel suggested that the Commission operate under the existing rules of procedure until January 1990, when the new Commissioners' terms begin. The Commis- sion determined the rules can be appropriately revised and implemented at this time. Commissioner Hawks asked about the appropriate uses of the gavel; the City Attor- 06-05-89 -a,":'! T ",- I". -9- ney responded he does not know. The Commission then discussed adoption of this document. They concurred they would prefer to see the final revisions prior to any adoption. Further, they determined the document should be adopted as a policy, as it has been In the past, rather than as a resolution. Break - 4:00 to 4:07 p.m. Mayor Stiff declared a break from 4:00 p.m. to 4:07 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Discussion - request for permission to attend Center for Improvement of Public Management City Manager Wysocki stated that Commissioner Goehrung had requested this item be placed on the agenda. Commissioner Goehrung noted that included in the packets were his memo, along with a letter from former Mayor Judy Mathre and a copy of the brochure for the upcoming workshop. He Indicated that he is submitting this request as an alternative to attending the NLC Congress of Cities, which is held in late November or early December each year. The Commissioner noted that Is the busy time of year for his jewelry business; and he wou Id probably be unable to attend the N LC meeting. Commissioner Goehrung then reminded the Commission that Judy Mathre attended this program In 1985; and she has indicated support for his participation in the program as well. He noted that she had obtained a scholarship for one-half of the tuition for the program; and he would seek the same scholarship if this request is approved. He stated the workshop runs from August 3 through 12, 1989 and will be located at Copper Mountain . in Colorado. He indicated that with a scholarship, the costs would be almost $1,100, which is approximately the same as attendance at the N LC meeting. The Commissioner stated it is estimated that 50 percent of the participants will be elected officials with the remaining 50 percent being appointed. He indicated that the program is modeled and structured after the applicants have been accepted, which makes the program more benefi- cial. He stated that at the present time, the Center has received applications from King County, Washington, as well as rural communities in Arizona. Commissioner Goehrung stated that review of the agenda for the ten-day workshop reveals an emphasis on management, leadership, case studies, conflict management, plan- ning and strategy planning. He stated that participants are .encouraged to bring two or three local ideas or problems to the workshop to be used in the case studies. He noted that with the diverse backgrounds involved, those in attendance may be able to provide a solution not arrived at on the local level. 06-05-89 ~ :i ~ \. -10- Commissioner Hawks stated he has had exposure to Mr. Paul Bauman and his dis- cussion about the Center and its activities. He noted that his attendance at the N LC Con- gress of Cities last year gave him some information which was meaningful; however, he noted that the agenda for this workshop looks like it would provide more information that would be helpful and meaningful than the NLC meeting. The Commissioner noted it is im- portant to maintain national relationships and to attend the national meetings to keep up with national issues; however, he suggested that could be accomplished by attending the N LC Congress of Cities every other year. He noted that if a scholarship can be obtained to attend the Center for the Improvement of Public Management in the off years, it could be beneficial to the Commission. Commissioner Goehrung stated that he has requested that this item be placed on the agenda because the deadline for applications Is June 12. He stated that he must have some type of Commission approval before making applications for attendance and for the scholarship. He indicated that a letter approving his application must be submitted with the application forms. Commissioner Vant Hull stated that past Commissioners have requested authorization to attend this workshop; and she has voted against It. She indicated that when Judy Mathre attended the workshop, she brought back all of the materials. Commissioner Vant Hull stated that after reviewing those materials, it appears the workshop is geared to elected officials who serve full-time and to appointed individuals; and the materials were management and executive oriented, rather than legislative. She then stated that her feel- ings about this request are not totally positive, even though the City Manager indicated to her that the percentage of elected officials will be higher this session than it was when former Mayor Mathre attended. Commissioner Martel stated he feels the curriculum for this 10-day workshop has limited value to a legislative participant, but rather pertains more to mid- and upper-level management. He noted the overall percentage of legislative participants is 22 percent, which is low. He also expressed concern about taking a problem to the case study pro- cess, noting that problems should be addressed locally. The Commissioner then questioned the value gained by the City for the dollar spent by attending the Center, noting that in- dividual value might be gained through this program. Commissioner Goehrung suggested that the sessions on improving management, team building and problem solving could possibly be beneficial during the goal setting activities. He also noted those sessions, as well as others, might be used effectively in the areas of sign code, master planning and zone code revision. Mayor Stiff stated that he has been In contact with Mr. Bauman from the Center on occasion. He then noted that former Mayor Mathre highly recommended the program after 06-05-89 'lJJ. I.', -11- attending the Center. The Mayor then noted that the program provides one day on policy formation; and he feels that is an area of improvement for the Commission. He suggested that If Commissioner Goehrung works hard at the workshop and comes back with items which will benefit the entire Commission, it is worth the money spent. The Mayor then stated support for this request. Commissioner Goehrung stated that if the Commission supports submittal of this ap- plication, he will forward it along with the application for scholarship. He stated that af- ter the scholarship is approved, he will then seek authorization to attend the workshop. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission authorize Commissioner Goehrung to submit an application for attendance at the Center for the Improvement of Public Management during the session to be held August 3 through 12 at Copper Mountain in Colorado, along with the application for scholarship and a $25 registration fee, with approval of attendance contingent upon receipt of the scholarship. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Hawks, Commissioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Discussion - pending legislation re open hours for local government offices City Manager Wysocki stated that a recent Attorney Generalis opinion specifies that local government offices must be open from 8:00 a.m. to 5:00 p.m., Monday through Fri- day. He then indicated the Clerk of the Commission to provide additional information. Clerk of the Commission Sullivan stated that Alec Hansen, Executive Director of the Montana League of Cities and Towns, is drafting proposed legislation, which is to be car- ried by Senator Hammond, to be introduced during the special legislative session to allow local governments to establish their own hours of operation. She noted this is to address the negative impact that this opinion could have on the small towns, since many of those offices are open only on a limited basis. She then indicated that the Montana Municipal Clerks, Treasurers and Finance Officers Association is currently gathering and compiling information on the hours that the various cities and towns are open in the State; and that information will be forwarded to Alec Hansen for testimony before the Legislature. The Clerk of the Commission then Indicated that the clerks are also being asked to contact their local legislators to inform them of the pending legislation, as well as to ask them to sign the petition to bring it to the floor, and support it on the floor. City Manager Wysocki suggested the Commission should forward letters of support to the local legislators. The Commission concurred unanimously, suggesting those letters be prepared for the Mayor's signature. 06-05-89 ...:r.. "L to, -12- Discussion - possible change of date for July 3 meeting City Manager Wysocki reminded the Commission that the first Monday in July is July 3, which Is located between a weekend and a holiday. He then suggested that the Com- mission could possibly consider moving that week's meeting to Wednesday, July 5; or they could consider the option of not meeting that week. He reminded the Commission that there are five Mondays in July. I n response to a question from Commissioner Hawks, the City Manager indicated the Commissioners do have the option of voting to not hold a meeting. He stated the code re- quires that the Commission meet at least twice each month. He noted the one requirement Is that it be published adequately so the public is aware no meeting will be held. Commissioner Goehrung noted that conducting any public hearings on July 3 could undermine the process, since many people will be out of town for the weekend. He then indicated support for not holding a meeting rather than changing it to Wednesday, due to his schedule. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission forego the meeting for the week of July 3, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commis- sioner Hawks, Commissioner Martel, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1 ) Agenda for the Board of Adjustment meeting held today. (2) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Thursday, June 8. (3) Copies of the proposals from the three consultant firms for the revision of the zone code. The City Manager noted that the evaluation form for these proposals has been inadvertently left out; and he will submit those forms to the Commission later this week. (4) A memo from Planning Director Epple concerning input on the Planning Board's goals and objectives. (5) The City Manager reminded the Commission of a welcoming cocktail party for the CNFR participants on Wednesday, July 14, from 5:30 to 7:00 p.m. He asked those in- terested in attending to contact Gordon Clark. (6) The City Manager then reminded the Commission of the CNFR parade to be held on Thursday, July 15. He noted that he has reserved a horse-drawn carriage and 06-05-89 "" . -13- asked any interested Commissioners to let him know if they wished to go in the carriage, too. He then indicated that Mayor Stiff will be In a car in the parade, also. Commission- er Hawks Indicated a willingness to go in the horse-drawn carriage. City Manager Wysocki stated that this year It Is important to show the Rodeo Com- mittee that selects the site for the CNFR that Bozeman is Interested in retaining the rodeo. He noted that, as a part of that endeavor, one of the consent items listed below is a proc- lamation for "Western Wear Week", which encourages people to dress western for the week. (7) The City Manager reminded the Commission of the upcoming auction of twelve Valley Unit Subdivision lots, to be held at 1:00 p.m. on Thursday, June 8, at the Gran- Tree Inn. He noted that to place these lots ,In individual ownerships will help to address those delinquent assessment problems. (8) The City Manager stated the PCC/TAC meeting was held on Thursday. County Commissioner Jelinski was elected Chairman, and Mayor Stiff was elected Vice- Chairman of the PCC. Also, Planni,n~ Director ~pple was elected Chairman, and County Road Supervisor Glanfrancisco was elected Vice-Chairman of the T AC. He noted that is- sues discussed included coordinating the secondary road projects for Springhill Road and East Valley Center Road as they tie into the third Interchange. He stated the State High- way Department was very careful to remind the committees that the third interchange does not exist because It has not yet been placed on any list. He noted that the committees will be conducting a joint meeting in September. City Manager Wysocki then noted that the Springhill Road project is scheduled to begin in mid-July; and design for the East Valley Center Road is to begin this fall. Mayor Stiff noted that cooperation between the City and County was evident in the meeting. He stated that it had appeared the County would incur approximately $1 million in costs for their projects which would be voided through construction of the third inter- change; however, cooperation In the design efforts will eliminate that problem. The City Manager stated that in September, the PCC and T AC will consider the possibilities of a joint committee, as well as review the Pedestrian/Traffic Safety Committee and how it might fit into the picture. In response to a question from Commissioner Vant Hull, the City Manager indicated that the extension of Kagy Boulevard to South 19th Avenue was discussed. He noted that once the State Highway Department has determined the right-of-way needs, they will au- thorize the City to move forward with acquisition of the right-of-way. Commissioner Vant Hull stated she has discussed the acquisition of right-of-way, particularly from Boylans, with County Commissioner White, since that property is located in the county. She stated that he indicated a willingness to talk to Boylans, and suggest- ed that the other Commissioners help her remind him of that effort. 06-05-89 ~", i -t -14- Mayor Stiff stated another Issue discussed was improvement to Griffin Drive, which, aiong with Sypes Canyon Road and MclJhattan Road, will carry much of the traffic while Springhill Road is under construction. He stated that the need for a traffic signal at the intersection of Griffin Drive and North 7th Avenue was noted. (9) The City Manager reminded the Commission of the Interagency Breakfast, to be held at 7: 00 a. m. on Wednesday, June 14, at the Baxter. (10) Commissioner Hawks noted this week's edition of the Nation's Cities Weekly contains an article about Boulder, Colorado. He urged the Commissioners to read the arti- c1e as the City prepares for revisions of the master plan and zoning regulations. (11) Commissioner Hawks distributed to the Commission copies of an article from Governing magazine concerning what Is happening In the planning community. He noted that this article helps to provide background information on one of the three firms from which the City is soliciting proposals. Consent Items City Manager Wysocki presented 'to ,the Commission the following Consent Items. services for It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, 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 Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Recess - 4:53 p.m. Mayor Stiff declared a recess at 4:53 p.m., to reconvene at 7:00 p.m., to conduct the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Public hearin vacant an g 06-05-89 ..",.,.".- ",", -15- Inc. - Tracts 3, 4, 5 6 and 7 of cas No. 1353, located in Section 31, T1S, R6E, MPM (bounded by Story Mill Road, Bridger Drive, City landfill and East Gallatin River) This was the time and place set for the scheduled public hearing on the Master Plan Amendment requested by Rex Easton, Golf Course Partners, Inc., for Peter K. and Evelyn Nelson, in care of Paul Boylan, to change the land use designation from agriculture-- vacant and light industry to low-density residential on Tracts 3, 4, 5, 6 and 7 of Certifi- cate of Survey No. 1353, located in Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject 287.5-acre site is more commonly described as lying west of Story Mill Road, north of the industrial development along Bridger Drive, south of the City landfill and east of the East Gallatin River. Mayor Stiff opened the public hearing. Planner Dave Skelton presented the staff report. He then distributed to the Com- mission copies of a letter to the Planning Office from the Montana Department of Fish, Wildlife and Parks dated May 5, 1989, Indicating that the department recognizes that the subject site will be developed at some time because of its close proximity to the city limits. The letter further stated that a golf course with residential development will have less im- pact on the Brea and provide more wildlife habitat than solid residential or industrial de- velopmet')t would. Planner Skelton stated that under this application, the land use designation on 106 acres would be amended from agricuiture--vacant to low-density residential and 33 acres would be amended from light industry to low-density residential on 11 acres and agrlcul- ture--vacanton 22 acres. The remaining portion of the 287. 5-acre parcel would remain in agriculture--vacant. . The Planner then showed the Commission a map designating the areas which will be designated as agriculture--vacant and those which will be low-density res- idential. He indicated that the conceptual map for the conditlonai use permit, which will be considered at a later date, reflects those same boundaries. He noted this provides the long-range plan for the subject site, showing where the roads are anticipated as well as the proposed residential lots. He then stated that access to the property will be from Bridger Drive, through use of the County road system. Planner Skelton reminded the Commission that in November 1986, a similar applica- tion was submitted to the City-County Planning Board; and the public hearing was con- tlnuedat that time for the purpose of clarifying some concerns raised by the staff. He noted one of those concerns was the proposal to include some general highway commercial la,nd. He noted that proposal has been eliminated in this application. The other concern was that the remainder of the entire parcel was proposed for low-density residential. He noted this would have allowed residential development on the entire parcel if the golf course had not been developed, thus providing no assurance that the fragile areas around 06-05-89 ;~-i ~. to ~ -16- the waterways wou Id be protected. Planner Skelton reviewed the existing zoning on the subject site, noting approxi- mately 275.5 acres is zoned AS, Agriculture Suburban, and 12.0 acres is zoned M-l-T, Commerclai--Light Manufacturing with a Transitional Overlay. He noted that if this Master Plan Amendment is approved by the City Commission and the County Commission, the ap- plicant will seek Zone Map Changes to bring this zoning into conformance with the Master Plan land use designations, noting that the residential areas could appropriately be zoned Rs-1, Residential--Suburban Country Estates, one-acre minimum; R-1, Residential--Single- family, Low-density; or R-2, Residential--Single-family, Medium-density. Planner Dave Skelton stated that under the proposal currently before the Commis- sion, the project would house a residentlai population of 900 persons, based on an average of 3.0 persons per household; however, the land use designation could allow up to 2,084 residents, based on 2.39 persons per household. The Planner noted that the solis limitations are those common in the Bozeman area; and necessary steps would be required to address those issues during the subdivision re- view and development review processes. Planner Skelton reminded the Commission that two water courses traverse the prop- erty, Bridger Creek running from east to west, and the East Gallatin River, generally running north to south along the western boundary of the property. He noted that 50 acres of the property is located within the floodplain; and no development is allowed in that area. Planner Dave Skelton reminded the Commission of the Conditional Use Permit for the golf course, which was approved earlier this year. He noted that the primary access is to be from Bridger Drive through a public access easement; and a private access for mainte- nance purposes is to be provided from Story Mill Road. Development of the residential ar- eas on the subject site will include improvements to Story Mill Road and Mcllhattan Road, which will be the primary access. The Planner indicated that, because of the projected 4535 average daily trips projected from the development, the applicant will be required to address those impacts during subdivision review. Planner Skelton stated that 100 acres of this parcel are presently located within the City's water and sewer service boundaries; and the remaining 187.5 acres are not. He stated the applicant recognizes the need to annex the property and seek municipal water and sewer services for the proposed residential development. Planner Skelton stated that the staff reviewed this application according to the six review criteria for Master Plan Amendments and found it to be in general compliance. He then stated that, following its public hearing on this application for Master Plan Amend- ment, the City-County Planning Board recommended approval. 06-05-89 ~.:,. II" 'II. '\ -17- Mr. Robert Lee, planning consultant representing the applicant, noted he has been involved in the planning of this project for several years. He then indicated that, even though 2084 people could be housed on the site, based on seven units per acre, he feels the 900 population projected is more realistic because of the physical constraints of the land. He then indicated that the applicant proposes to construct approximately 300 dwell- ing units around the golf course under this application. Mr. Lee stated that under this application, the difficult areas and the stream corri- dors are being proposed for the golf course, with the remainder being used for residential development at some time in the future. He noted this allows for protection of the fragile areas and natural habitat and vegetation along Bridger Creek and the East Gallatin River, ensuring that they will essentially remain as they are. Mr. Lee stated that to leave the areas proposed for gol f cou rse development in the agriculture--vacant land use designation, with an AS, Agriculture Suburban, zoning will ensure that residential development will not take place on those areas, even if this devel- opment does not become a reality. Mr. Robert Lee stated that under the subdivision regulations, one-ninth of the property, in this instance, 32 acres must be dedicated for parkland. He reminded the Commission that 50 acres of this property are located in the floodplain; and under this proposa I, a II of that wou Id be i ncJ uded in the gol f cou rse . Mr. Lee reminded the Commission that the Planning staff recommended approval; and the City-County Planning Board concurred in that recommendation. He then en- couraged Commission approval as well. Mr. Jack Schunke, Morrison-Maierle, stated he has been doing the engineering for this project. He Indicated there Is a 10-inch water main adjacent to the site, which pro- vides a water pressure of approximately 105 psi. He noted that is adequate to serve even the highest point of development on this site. He stated that irrigation of the golf course is to be from existing water rights In the waterways; therefore, municipal water would not be used for that purpose. Mr. Schunke then stated that a 12-inch sanitary sewer line cl:Jrrently runs adjacent to U.S. Highway 10. He noted that an extension could easily be run to the site; and it would be a gravity flow system. He stated that the line would be adequate to service the subject site as well as adjacent areas to the east. He further noted this extension would have minimai impact on the collection system, since it would not travei through the lines currently in town, but would flow directly to the Waste Water Treatment Plant. Mr. Jack Schunke noted that primary access is from Bridger Drive. He indicated the applicant recognizes that roads must meet City standards, including curb and gutter and storm water drainage. He then encouraged approval of the application. 06-05-89 ~ oiI'...: . .. 1.." -18- Mr. Rex Easton, Golf Course Partners, I nc. ~ reminded the Commission this is a long-range plan; and he does not anticipate any residential development for at least two years. He noted that the golf course must first be constructed; and the necessary zone changes must be made before that portion of the project can be pursued. I n response to a question from Commissioner Vant Hull, Mr. Robert Lee stated that If this Master Plan Amendment Is approved and the project does not become a reality, somewhere between 900 and 2,084 persons could be housed on the site. He noted that 300 structures are proposed under this application; however, more units would be possible un- der the low-density residential designation. He stated, however, that the land constraints will not allow maximum deveiopment on the site. Planner Skeiton concurred with those comments. Commissioner Vant Hull noted that the application submitted refers to relocation of the City landfill. She then asked for a response from Mr. Easton. Mr. Easton stated that when he began planning this project in 1985, it was his un- derstanding that the City may soon need to find a new location for a landfill or an alterna- tive method of solid waste disposal. He noted that the City is now opening a new section of the landfill, which is anticipated to last another six to ten years. He noted this is a statement which was carried forward from the previous application, without any changes being made to it. Commissioner Vant Hull then referred to a statement from Mr. Easton1s 1986 applica- tlon, which indicated that a landfill is not compatible with a residential development. She then asked for a response. Mr. Easton indicated that the landfill Is not compatible, simply because of the view it presents. He noted that in this instance, studies of the groundwater flow from the landfill reveal that any impacts on groundwater would be found In a different drainage from the one in which he proposes to develop. Commissioner Vant Hull suggested that the City require a waiver of protest to ob- jections to the landfill for any residential development while the landfill is in operation. Mr. Easton responded he would need time to think about that possibility. In response to a question from Commissioner Vant Hull, Mr. Easton stated he feels It would be appropriate to extend City water and sewer services to the entire parcel. He indicated that issue must be addressed through discussions with the Director of Public Service. He then noted that re-evaluation of the entire water and sewer service areas must be made before any changes in boundaries are considered; and that process is cur- rently underway. Commissioner Vant Hull asked where the test wells for the landfill are currently located; City Attorney Becker showed the Commission the map which depicts the location of those wells. Mr. Jack Schunke noted that the wells on the upper section are currently 06-05-89 -19- ."..,. ~ to... ~... 'oil. being monitored. He noted there are four wells on the lower section, including some on the subject parcei; however, they are not being monitored at this time. In response to a question from Commissioner Martel, Planner Skelton Indicated that zoning of the low-density residential property will be dependent upon whether the property is annexed. In response to a question from Commissioner Goehrung, Planner Skelton stated that if the golf course is not developed, that property designated as agriculture--vacant could only be used for agricultural purposes. He noted that the property designated as low- density residentiai couid be developed as single-family homes or possibly a condominium development. In response to a question from City Manager Wysocki, the Planner indicated that islands of light industriai land are created by the boundaries of the parcei in question. He noted that those properties were not included in this application to make the boundaries more uniform because they are under different ownerships. He further indicated those in- dividuals were not contacted to see if they wished to participate in this Master Plan Amendment. City Manager Wysocki suggested that the Commission act on this application at this time; however, he noted that in the future, all steps should be taken to ensure squarer boundaries when possible. He reminded the Commission that it is their intent to create soft edges; and this would help enact that. I n response to a concern raised by Mayor Stiff, Pianner Skelton stated that Direc- tor of Public Service Forbes Is currently in the process of updating the service area boundaries. He noted that process should be compieted by the end of the calendar year. He stated that after that process is completed, it would be possible for someone outside the area to tie onto the system through participation in the costs of expansi-on of the treatment plant facilities. He then indicated that none of the subject property Is iocated within the city limits; however, a portion of it is in the service area. In response to questions from Commissioner Hawks, Planner Skelton reminded the Commission that the Master Plan provides conceptual strategy for future zoning. He then Indicated that updating of the Master Plan should help to even out the lines for the vari- ous land use designations, noting the islands created by this application are a good exam- ple of those probiems. Mr. Paul Boylan, owner of the subject property, stated support for this applica- tion. He indicated that the 287-acre parcel has been on the market; however, it has been difficult to sell it as a single parcel. He noted that people have indicated an interest in purchasing a 20-acre or a 40-acre parcel; however, he feels this proposed development would be more appropriate for this site, which is so close to the city limits, than splitting it Into smaller tracts. Mr. Boylan also noted that this area is being developed for recre- 06-05-89 '.,,;:<:1::'<_ ';'-6" oW ''" -",. ".';\:"',j". -20- ... ational activities; and Briger Creek is a viable fishing stream. Mr. Boylan noted that Glen Lake Park Is slowly being developed; and the proposed golf course wouid complement that recreational area. He also stated that after the landfill is abandoned at some tlmein the future, recreational activities are one of the few types of deveiopment which can take place on that property. He then noted that a golf course located close to the city limits would be beneficial; and it would complement those existing golf courses In the area rather than compete with them. Commissioner Vant Hull asked Mr. Easton when he anticipates residential develop- ment would begin. Mr. Easton stated he anticipates it will be at least two or three years to complete the necessary planning and zoning processes before the residential development is undertaken. He then indicated he feels it will be ten years before any residential de- velopment Is done in the upper section of this property. In response to another question from Commissioner Vant Hull, Mr. Easton stated if the golf course development is started yet this summer, the course should be ready to open in the summer of 1991. No one was present to speak in opposition to the requested Master Plan Amendment. Mayor Stiff closed the publiC hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Master Plan Amendment requested by Rex Easton, Goif Course Partners, Inc., for Peter K. and Evelyn Nelson, in care of Paul Boylan, to change the land use designation from agriculture--vacant and light industry to iow-density residential on Tracts 3,4,5,6 and 7 of Certificate of Survey No. 1353, located In Section 31, Town- ship 1 South, Range 6 East, Montana Principal, Meridian. The motion carried by the fol- lowing Aye and No vote':, those voting Ayebei.ng Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Adjournment - 8:10 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be adjourned. 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. 06-05-89