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HomeMy WebLinkAbout1990-01-15 , :::'''~;;:~f:'^ - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 15, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 15, 1990, at 2:00 p.m. Present were Mayor Stiff, Com- missioner Goehrung, Commissioner Frost, Commissioner Hawks, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - Special Meeting and Regular Meeting of January 8, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the minutes of the special meeting and the regular meeting of January 8, 1990 as submitted. The motion carried by the following Aye and No votes: those vot- ing Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Hawks, Commis- sioner Knapp and Mayor Stiff; those voting No, none. Reorganization of Commission; swearing in of Commissioner Swanson and Mayor Hawks This was the time and place set for completing the reorganization of the City Com- mission as per the results of the General Municipal Election held on Tuesday, November 7, 1989. The Official Bonds and Oaths of Office of Timothy Swanson, newly-elected City Com- missioner, for a four-year term commencing January 15, 1990, and of incoming Mayor Robert L. Hawks, have been approved and said Bonds and Oaths of Office are on file in the office of the Clerk of the City Commission. Mayor Stiff asked the Clerk of the Commission to administer the Oaths of Office to the I ncoming Commissioner and Mayor. Clerk of the Commission Sullivan then administered the Oaths of Office to Incoming Commissioner Swanson and Mayor Hawks; and they were seated. Outgoing Mayor Stiff passed the gavel to Incoming Mayor Hawks, noting "You now have everything but a chair." Mayor Hawks requested an additional moment of silence in reverence to Dr. Martin Luther King. Selection of Mayor Pro Tempore Mayor Hawks noted it is customary for the next Mayor to serve as Mayor Pro Tempore. He reminded the Commission that Commissioner Swanson received the highest number of votes in the 1989 election; therefore, he will become Mayor In 1992. 01-15-90 ..:..."'c.... ~ ......, .. J ,...,. '" "t,r . - , . - 2 - It was moved by Commissioner Frost, secon~ed by Commissioner Knapp, that Com- missioner Swanson be designated as Mayor Pro Tempore. The motion carried :,by the fot.. lowing Aye and No vote: those voting Aye being CommissIoner Frost, Commissioner Knapp, Commissioner Goehrung, Commissioner Swanson:~nd Mayor Hawks; those voting No, none. Award bid - sale of one 1970 Ford Cab-over Serles8000putnper truck (fire truck) The City Manager reminded the Commisslonthat'this was the time and place set for .. ' award of the bid for sa Ie of one 1970 Ford Cab....over Series 8,QP'O pump~" trl,lck,'. He noted that the bids were openedBnd read at 10:00 ~.m..; in~Cc9,.dftncewlthFthe Call for Bids, before Fire Chief Shearman, Clerk of the Commission Sullivan andtllmself. He stated only one bid was received, from the Town of West Yellf>Wstone in -the amount of $23,6QO.. He then recommended that the Commission award the bid to the Town" (jfWest Yellowstone. Commissioner Goehrung asked for assurance that acceptance of the single bid will be in the City's best interests. The City Manager responded that a year ago, when the City ordered the new fire pumper truck, it was determined that sale of the old pumpertr;uck $bouldgenerate $22,000 to $22,500. It was moved by Commissioner Swanson, second,edbY Commissioner Knapp, that the bid for sale of one 1970 Ford Cab-over Series 8()OOipumpertruek be awarded to the Town of West Yellowstone, Montana, in the bid amount of $23,600.. it being the only bid re'" ceived. The motion carried by the following Aye and Nt) vote:, those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehru"g, Commiss,ioner Frost and Mayor Hawks; those voting No, none. reement City Manager Wysocki submitted to the Commission a eopy of the Impl"'ovements Agreement for parking and landscaping between t.h~CJty a~~;4fe-Link'JnternatiOnal, Inc. He noted that staff met with members of the l,Jfe..;Link organizatiOn four times; and this . , ' . agreement is the result of those meetings. He then highjightedsomeof the terms of the agreement, as follows. Item No. 3 in the agreement requires that Life",'Linl(i"r:'espqo,~Withln fi~teendays to . ' ',,'" - .'",1, {',- any agency request for information concerning their;a~eficatiOn:fO/"aSePtic sewer system on the property. This requirement ensures thaf,the':proces,sforapprovaland installation of the sanitary septic system will move forward inC;;iimeIY",~anr:u~r.'~olloWing aJ:lproval of ",,;~-./ . ,.' the septic system, Life-Link will have 120 days i,nwhicl'to'~'6mpl,et~lnstaUfltion 'qf all . ' , , ,~..;. ',o;j\'. " .. :" ':: ' . ", .! ",\ ,,: , '," ": ~ ': '~:'. : ,,' , . :,: :' .' :' : 01-15-,90 ;I'O'III'>I:,..~ .'<""" ,,,!!~ , r." .." . '~ . . - 3 - improvements, beginning on or after Apri I 15, 1990. If the approval date for the septic system is too late to complete the 120-day time period by October 31, the remaining days will be carried forward to the 1991 construction season, which will begin on April 15 per the agreement. Item No. 4 in the agreement requires that life-Link provide an acceptable financial guarantee, in the amount of H times the cost of the improvements yet to be installed. The improvements to be installed under this agreement include the septic system, paving, sidewalks, curbing, landscaping, installation of a garbage enclosure and exteriQr lighting; however, the financial guarantee does not include the septic system, which is to be ap- proved by the State and County and installed per their regulations. The City Manager stated that Life-Link International has reviewed and signed this agreement. He noted that the City staff does recognize that installation of the septic sys- tem must be completed before the landscaping and paving issues can be properly ad- dressed. He stated this agreement ensures that the completion of those improvements will be done in a timely and orderly manner. Commissioner Knapp asked when approval of the sanitary septic system can be an- ticipated. The City Manager responded that the State is preparing a IIpunch list" of items to which Life-Link must respond before the State can approve the ,application. He then an- ticipated that response should be prepared and returned by February 15 under this agree- ment. He noted that the State approval of the application will'then trigger this agree- ment. In response to a question from Commissioner Frost, the City Manager indicated that the State does not have a specific deadl ine for installation of the septic system after ap- proval; however, this agreement does establish one. In response to a question from Commissioner Swanson, the City Manager stated the City staff does not have a cost estimate for the sanitary septic system. He then reminded the Commission that the septic system is an issue to be addressed by the State and the County, and is not a concern of the City's. He further reminded the Commission that the financial guarantee required under this agreement does not apply to the septic system, but only to the items required under the zone code. Commissioner Knapp asked how approval of this agreement would affect other condi- tional use permits which have been and may be considered due to non-compliance. City Manager Wysocki stated this agreement provides for meeting the conditions of approval and sets forth the parameters therefor. He noted this indicates the City's deter- mination to pursue the issue, while recognizing such issues as climatic constraints. Commissioner Goehrung stated he feels approval of this agreement will create more 01-15-90 '.:;;' - I , ;. . " T - 4 - ,- consistency in enforcement of conditional use permits which have been approved. He noted that, hopefully, the new zone code will help to tighten this process. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct the appropriate persons to sign the Improvements Agreement for parking and landscaping with Life-Link International, Inc., on behalf of the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrun9, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. The City Manager submitted to the Commission a memo from the Planning Staff con- cerning a request for modification of Condition No. 6 for approval of the conditional use permit to allow an expanded range of allowable uses on Lots 1 and 5 of the Tai Lane Addi- tion. He reminded the Commission that Dave Jarrett, owner of the subject properties, is the applicant for the conditional use permit and the modification of the condition therefor. City Manager Wysocki then distributed to the Commission a memo from Fire Marshal Dan Figgins, noting the purpose of the memo is to clarify some of the statements made in the memo from the Planning Staff. He noted there have been problems with fire protection in development along Tai Lane over and above what is included in the conditional use per- mit under consideration at this time. Planning Director Epple reminded the Commission that on May 15, 1989, the condi- tional use permit to expand the range of allowable uses on Lots 1 and 5 of the Tai Lane Addition was approved, subject to several conditions including Condition No.6, as follows: 6. A looped waterline with fire hydrants must be provided for this site and the existing building shall be connected to City water service. Alternately, a water supply system capable of providing adequate fire flow for the subject property and approved by the City Fire Marshal shall be provided with a water supply system plan with an acceptable time frame to the City Fire Marshal prior to final site plan approval; The Planning Director stated that Mr. Dave Jarrett, applicant for that conditional use permit, has indicated that to meet this condition is not economically feasible and has requested that it be modified. He then submitted to the Commission the following proposed revision of that condition: 6. A water supply system capable of providing the necessary fire pro- tection for the subject property shallbeinstaJ/ed as approved by the City Fire Marshal prior to issuance of a building permit for any new construction on the subject property. The Planning Director then reminded the Commission that the subject property is located in a B-1, Neighborhood Business, District. He noted that the bui Iding on Lot 1 is one of several buildings containing businesses and apartments within that subdivision; and 01-15-90 ~ ,'.., . .- . ' . - 5 - it is the only building which is affected by the conditional use permit. He stated that Mr. Jarrett sought the conditional use permit to expand the range of uses allowed in the struc- ture so that he could replace tenants who left with similar businesses, with the same fire occupancy classification, without going through the conditional use process every time. Planning Director Epple then showed the Commission a map of the subject building as well as the site, noting the building located immediately to the south, which is not a part of this conditional use permit, houses the Cricket's Teen Night Club in its basement. He noted that business in that structure is the focus of the Fire Marshal's comments and the fire protection issue. The Planning Director then stated the staff has contacted Mr. Jarrett to remind him the condition for providing a looped water system or an acceptable plan for a looped water system had not been provided and that the conditional use permit would lapse six months from Commission approval if the conditions had not been met for final site plan approval. The Planning Director stated that under the revised language of Condition No.6, as prepared by the staff, new construction on Lot 5 would trigger the requirement for a looped water system. In response to a question from Mayor Hawks, the Planning Director cautioned the Commission that the only building affected by the conditional use permit under consid- eration is the one which houses The Sub Station, sandwich shop; Village Cobbler, shoe repair shop; The Wash House, laundromat; Hinky Dinky, groc;ery store; a State Farm in- t surance office; and nine apartments. He then stated this site is served by an on-site well system; and such a system does not meet the fire protection standards. In response to a question from Commissioner Frost, the City Manager stated the City staff plans to require Mr. Jarrett to provide Jire protection for those areas that are frequented by the public at the present time. He noted that requirement will apply to all development within the Tai Lane area. He noted that staff has asked Mr. Jarrett to meet the fire code regulations over the past few years, with no results to date. The City Man- ager then stated he feels the situation has existed long enough; and the City must take steps to ensure it does not continue. He reminded the Commissioners of an article in a recent Bozeman Daily Chronicle, which reported the number of people dead from a night club fire; and stated he does not wish to see that type of catastrophe occur at Cricket's. He stated it is not uncommon for 200 teenagers to frequent the establishment, which is lo- cated in an unsprinkled basement, on weekends. Commissioner Goehrung noted that recent conditional approval for expansion of the Campus Square Theatre building included the requirement to provide a water supply which is adequate for fire protection. He noted that is the same condition which was imposed on the conditional use permit currently under consideration. 01-15-90 ..:..."'c.... ~ ......, .. J ,...,. '" "t,r . - , . - 2 - It was moved by Commissioner Frost, secon~ed by Commissioner Knapp, that Com- missioner Swanson be designated as Mayor Pro Tempore. The motion carried :,by the fot.. lowing Aye and No vote: those voting Aye being CommissIoner Frost, Commissioner Knapp, Commissioner Goehrung, Commissioner Swanson:~nd Mayor Hawks; those voting No, none. Award bid - sale of one 1970 Ford Cab-over Serles8000putnper truck (fire truck) The City Manager reminded the Commisslonthat'this was the time and place set for .. ' award of the bid for sa Ie of one 1970 Ford Cab....over Series 8,QP'O pump~" trl,lck,'. He noted that the bids were openedBnd read at 10:00 ~.m..; in~Cc9,.dftncewlthFthe Call for Bids, before Fire Chief Shearman, Clerk of the Commission Sullivan andtllmself. He stated only one bid was received, from the Town of West Yellf>Wstone in -the amount of $23,6QO.. He then recommended that the Commission award the bid to the Town" (jfWest Yellowstone. Commissioner Goehrung asked for assurance that acceptance of the single bid will be in the City's best interests. The City Manager responded that a year ago, when the City ordered the new fire pumper truck, it was determined that sale of the old pumpertr;uck $bouldgenerate $22,000 to $22,500. It was moved by Commissioner Swanson, second,edbY Commissioner Knapp, that the bid for sale of one 1970 Ford Cab-over Series 8()OOipumpertruek be awarded to the Town of West Yellowstone, Montana, in the bid amount of $23,600.. it being the only bid re'" ceived. The motion carried by the following Aye and Nt) vote:, those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehru"g, Commiss,ioner Frost and Mayor Hawks; those voting No, none. reement City Manager Wysocki submitted to the Commission a eopy of the Impl"'ovements Agreement for parking and landscaping between t.h~CJty a~~;4fe-Link'JnternatiOnal, Inc. He noted that staff met with members of the l,Jfe..;Link organizatiOn four times; and this . , ' . agreement is the result of those meetings. He then highjightedsomeof the terms of the agreement, as follows. Item No. 3 in the agreement requires that Life",'Linl(i"r:'espqo,~Withln fi~teendays to . ' ',,'" - .'",1, {',- any agency request for information concerning their;a~eficatiOn:fO/"aSePtic sewer system on the property. This requirement ensures thaf,the':proces,sforapprovaland installation of the sanitary septic system will move forward inC;;iimeIY",~anr:u~r.'~olloWing aJ:lproval of ",,;~-./ . ,.' the septic system, Life-Link will have 120 days i,nwhicl'to'~'6mpl,et~lnstaUfltion 'qf all . ' , , ,~..;. ',o;j\'. " .. :" ':: ' . ", .! ",\ ,,: , '," ": ~ ': '~:'. : ,,' , . :,: :' .' :' : 01-15-,90 '.:;;' - I , ;. . " T - 4 - ,- consistency in enforcement of conditional use permits which have been approved. He noted that, hopefully, the new zone code will help to tighten this process. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct the appropriate persons to sign the Improvements Agreement for parking and landscaping with Life-Link International, Inc., on behalf of the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrun9, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. The City Manager submitted to the Commission a memo from the Planning Staff con- cerning a request for modification of Condition No. 6 for approval of the conditional use permit to allow an expanded range of allowable uses on Lots 1 and 5 of the Tai Lane Addi- tion. He reminded the Commission that Dave Jarrett, owner of the subject properties, is the applicant for the conditional use permit and the modification of the condition therefor. City Manager Wysocki then distributed to the Commission a memo from Fire Marshal Dan Figgins, noting the purpose of the memo is to clarify some of the statements made in the memo from the Planning Staff. He noted there have been problems with fire protection in development along Tai Lane over and above what is included in the conditional use per- mit under consideration at this time. Planning Director Epple reminded the Commission that on May 15, 1989, the condi- tional use permit to expand the range of allowable uses on Lots 1 and 5 of the Tai Lane Addition was approved, subject to several conditions including Condition No.6, as follows: 6. A looped waterline with fire hydrants must be provided for this site and the existing building shall be connected to City water service. Alternately, a water supply system capable of providing adequate fire flow for the subject property and approved by the City Fire Marshal shall be provided with a water supply system plan with an acceptable time frame to the City Fire Marshal prior to final site plan approval; The Planning Director stated that Mr. Dave Jarrett, applicant for that conditional use permit, has indicated that to meet this condition is not economically feasible and has requested that it be modified. He then submitted to the Commission the following proposed revision of that condition: 6. A water supply system capable of providing the necessary fire pro- tection for the subject property shallbeinstaJ/ed as approved by the City Fire Marshal prior to issuance of a building permit for any new construction on the subject property. The Planning Director then reminded the Commission that the subject property is located in a B-1, Neighborhood Business, District. He noted that the bui Iding on Lot 1 is one of several buildings containing businesses and apartments within that subdivision; and 01-15-90 " '.'TI " "\ ~ . . . - 6 - Commissioner Frost asked when will the City's water sl#Pply be e~tended to the sub.,.. ject property; the City Manager responded that a reasonabl_':ti~Et'rame must be established . In response to another question from Commissioner Frost; the City Manager remind- ed the Commission that only one building is underconsidt!ratlonir. this agenda item. He then stated that the concerns about fire protecti.on in that entire area can be addressed through the fire code; however, that is a separate issue. Mayor Hawks asked where will the waterlines be terminated that are to be installed under the conditional use permit for the Campus Square Theatre. Mr. Dave Jarrett, applicant, responded the fire hydrant to be installed by Excel- lence Theatres for the Campus Square Theatre wiH be approximately 375 feet from the cor- ner of the subject property. Mr. Jarrett then provided a brief history of the conditional use permit which is un- der consideration. He noted the process was started in. March 1989, as a result of the shoe repair business relocating to the subject building. He noted that at the time this conditional use permit was originally considered, he stated objection to Condition No. 6 as submitted; however. the Commission approved it with the language as recommended by the Zoning Commission. Mr. Jarrett stated there is an existing fire hydrant in front of the Fieldhouse, which is approximately 480 feet from his property; however, Montana State University has indicated they are not interested in allowing him to hook onto that line. He noted that when the hydrant is installed in back of the theatres, it would be feasible to extend the line to his property; however, to create a looped water system, it would be necessary to then extend a line to South 19th Avenue. He estimated the cost at $175,000 if the right- of-way is already acquired, which he stated is prohibitive, especially for one building. .. Mr. Jarrett then addressed the language In the proposed revision to Condition No. 6, noting opposition to it as well. He stated that to accept the condition would restrict construction on Lot 5, or even sale of the lot, until such Umeas a looped water system is installed; and he does not anticipate that such a looped system will be constructed for five, ten or even fifteen years. Mr. Dave Jarrett then suggested that fire protection in that immediate area is an issue which the Fire Marshal and Commission shoUld resolve. He stated that with the cost involved, it is not possible for one person or on.~ project-to mstall the looped water system required to provide adequate water and pressure for fil"e protection. I n response to a question from Mayor Hawks', Mr... Jarrett stated he has contracted for plans for a sprinkler system for the basement of the building located immediately to the south. He noted that, hopefully, he will be able to hook onto an existing hydrant to pro- vide the water necessary to operate the system. 01.,..15-90 " '.'TI " "\ ~ . . . - 6 - Commissioner Frost asked when will the City's water sl#Pply be e~tended to the sub.,.. ject property; the City Manager responded that a reasonabl_':ti~Et'rame must be established . In response to another question from Commissioner Frost; the City Manager remind- ed the Commission that only one building is underconsidt!ratlonir. this agenda item. He then stated that the concerns about fire protecti.on in that entire area can be addressed through the fire code; however, that is a separate issue. Mayor Hawks asked where will the waterlines be terminated that are to be installed under the conditional use permit for the Campus Square Theatre. Mr. Dave Jarrett, applicant, responded the fire hydrant to be installed by Excel- lence Theatres for the Campus Square Theatre wiH be approximately 375 feet from the cor- ner of the subject property. Mr. Jarrett then provided a brief history of the conditional use permit which is un- der consideration. He noted the process was started in. March 1989, as a result of the shoe repair business relocating to the subject building. He noted that at the time this conditional use permit was originally considered, he stated objection to Condition No. 6 as submitted; however. the Commission approved it with the language as recommended by the Zoning Commission. Mr. Jarrett stated there is an existing fire hydrant in front of the Fieldhouse, which is approximately 480 feet from his property; however, Montana State University has indicated they are not interested in allowing him to hook onto that line. He noted that when the hydrant is installed in back of the theatres, it would be feasible to extend the line to his property; however, to create a looped water system, it would be necessary to then extend a line to South 19th Avenue. He estimated the cost at $175,000 if the right- of-way is already acquired, which he stated is prohibitive, especially for one building. .. Mr. Jarrett then addressed the language In the proposed revision to Condition No. 6, noting opposition to it as well. He stated that to accept the condition would restrict construction on Lot 5, or even sale of the lot, until such Umeas a looped water system is installed; and he does not anticipate that such a looped system will be constructed for five, ten or even fifteen years. Mr. Dave Jarrett then suggested that fire protection in that immediate area is an issue which the Fire Marshal and Commission shoUld resolve. He stated that with the cost involved, it is not possible for one person or on.~ project-to mstall the looped water system required to provide adequate water and pressure for fil"e protection. I n response to a question from Mayor Hawks', Mr... Jarrett stated he has contracted for plans for a sprinkler system for the basement of the building located immediately to the south. He noted that, hopefully, he will be able to hook onto an existing hydrant to pro- vide the water necessary to operate the system. 01.,..15-90 , ~ ," " . - 7 - City Manager Wysocki asked how many apartments and commercial spaces are located in the Tai Lane development. Mr. Jarrett responded there are about fifty apartments; and eight commercial spaces, one of which is vacant. The City Manager reminded the Commission that this condition was submitted be- cause there was no fire protection on any portion of the property. He reiterated that the condition applies to only one existing building; however, fire code enforcement can be utilized to ensure fire protection measures in the remainder of the development. The City Manager then expressed concern that fifty apartments and seven businesses are located in the middle of the city and have no fire protection. Mayor Hawks asked if interim measures could be implemented to address the fire protection issue. The City Manager stated that issue could be researched. He suggested one pos- sibility might be installation of a water tank, which could possibly provide adequate water pressure to provide fire protection. He suggested another'optlon might be to discuss with MSU the possibility of a temporary tie-on to the hydrant by the Fieldhouse, with a meter to be installed so any water used may be billed back to Mr. Jarrett. Mr. Jarrett stated a fire cannot be fought with well water, rather a lagoon with a four- to five-inch pump is necessary. He noted that he has two-inch wells for two of the buildings. He then stated that, until he receives financial help from some of his neigh- bors, possibly through creation of a special improvement district, he does not feel the line from South 19th Avenue can be extended to his property. He also stated the information he has received to date makes him question whether extension of lines from the Campus Square Theatre hydrant or the MSU hydrant will provide adequate water for fire pro- tection. City Manager Wysocki stated the apartments to the south and the theatre do have low water pressure. He noted that the main water line has been extended along Graf Street to South Third Avenue. He stated when that line is extended to South 11th Avenue and then along South 11th Avenue to the subject properties, the new looped system should create more water pressure. He noted, however, it will be quite some time before that ad- ditional line is installed. Commissioner Swanson expressed concern that to approve the proposed language for Condition No. 6 might send the message that the City is not going to press adequate fire protection for existing development In that subdivision. The City Manager responded that the Fire Marshal's memo pertains to all existing development along Tai Lane. He noted that, per that memo, the City will take steps to ensure that adequate fire protection is installed for all existing business uses; or they will 01-15-90 ."'.':':',;:' '. ,,' , , - 8 - no longer be able to occupy those spaces. In response to a question from Mayor Hawks, the City Manager stated that lapsing of the conditional use permit would re-enact the original list of permitted uses in the B-1 zone; and any other potential uses would be required to go through the conditional use process. Mr. Jarrett reminded the Commission that the objective in going through the condi- tional use process was to expand the list of permitted uses, allowing compatible businesses to locate in the building without going through the conditional use process each time a business changes. Commissioner Frost stated he is appalled that development in this area does not have fire protection. He noted that his two girls have attended the teenage clubs located where Cricket's is now for the past five years; and he was not aware that the public safety measures were missing. He then asked how soon the issue will be addressed. Commissioner Goehrung summarized the actions available to the Commission, noting they cou Id take no action, table action, or approve the new proposed language. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission reaffirm the language contained in COQdltion, No.6, as stated during original approval of the subject Conditional Use Permit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung ,Commissioner Frost, Com- missioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Commissioner Goehrung noted a problem has been identified and encouraged City staff to assume whatever role is necessary in coordinating efforts to address the fire pro- tection issues. Mayor Hawks concurred, asking the staff to work with Mr. Jarrett to resolve the issue in an acceptable manner. Break - 3:05 to 3:09 p.m. Mayor Hawks declared a break from 3:05 p.m. to 3:09 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - resetting of date for public hearing for interim zoning ordinance City Manager Wysocki stated the latest draft of the zone code was not completed by January 11; therefore, the advertisement for a public hearing on the interim zoning ordi- nance was not published on January 14. He then stated the Planning staff has indicated the document will be completed by January 18; therefore, he recommended that the Commission set the public hearing on the interim zoning ordinance for January 29, provid- ed the Commission has adopted the master plan by that time. 01-15-90 , 'd " . , .> - 9 - The City Manager then reminded the Commissioners that they will be conducting the continued public hearing on the master plan this evening, noting it will probably be closed following the public input. He suggested the Commissioners may wish to take time to di- gest the comments submitted; and the possibility of meeting with the County Commissioners in an attempt to resolve any differences prior to adoption. Mayor Hawks suggested the Commission might make a decision on the master plan at their January 22 meeting. He noted another option might be to appoint a sub-committee of two Commissioners to meet with a sub-committee of one County Commissioner and the City- County Planning Board Chairman in an attempt to resolve as many differences as possible, with a decision to be made at the January 29 meeting. He noted the County Commissioners have stated they will make a decision on January 30. The Mayor then stated he feels it would be beneficial to take the extra week and work to resolve differences if possible, so both governing bodies adopt the same plan. Commissioner Knapp stated she feels that the meeting as suggested would be a posi- tive step toward cooperation; Commissioner Frost concurred. Planning Director Epple stated that in the motion made last week, the Commission had included the requirement to publish the maps; however, It ha.s been determined, after discussion with the newspaper, that it is not pOSSible to publish them in a manner which will be legible or of benefit. He then suggested that in resetting the date for the public hearing, the Commission also change the requirement for publishing the maps to stating the locations where they will be available for public review. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission reset the public hearing for January 29, 1990 on the interim zoning ordinance, including the draft sign code dated January 3 and the zone code, with historic preserva- tion section, dated January 18; and that the advertisement for said hearing, which is to be published January 21, include reference to the zoning maps, which will be available for public review at the City-County Planning Office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Discussion - possible change in meeting time The City Manager stated he had placed this item on the agenda due to informal dis- cussions he has heard about possibly changing the Commission meeting time. Mayor Hawks asked each Commissioner to state his/her position on this issue. Commissioner Goehrung stated he would like to know for sure that there is publiC interest and a commitment to attend meetings if the Commission changes the time to be more convenient for the public. He then indicated he would be willing to change the time 01-15-90 . ., 1~ " . . . - 10 - to 2:30 p.m. to accommodate Commissioner Frost's schedule; however, he expressed reser- vation about 4:00 p.m. or 7:00 p.m. The Commissioner noted that compensatory time would be required for any staff members attending Commission meetings after 5: 00 p.m. Commissioner Frost stated 2: 30 p.m. would be fine for this quarter; however, next quarter he will have afternoon classes and teaching until 4:00 p.m. in the future. He noted that over the long-term, 4:00 p.m. would be better. Commissioner Swanson stated an interest in pursuing a 6:00 p.m. Commission meet- ing time on Mondays. He noted the routine business items could be completed at that hour, with public hearings scheduled at 7:00 p.m. He noted that setting the time early in the evening could possibly attract new candidates for Commissioner, rather than requiring that Commissioners take a half day off from work. Commissioner Knapp stated a willingness to possibly explore the proposed 4:00, 6: 00 and 7: 00 p.m. meeting times; and further indicated a willingness to change the time to 2: 15 or 2: 30 p. m. for the next three months. Mayor Hawks noted the Commission does not yet know how its workload will change due to adoption of the new master plan and zone code. He suggested it may take some time to sort that process out and determine the types of issues and amount of time in- volved on the Commission's part. He then noted the Commission is bent on sending 'a mes- sage to the public that they are open and accessible; and that might come with evening meetings. Commissioner Goehrung stated that setting the meetings for 2:30 p.m. on Mondays for the next few months would get the Commission through the goal setting process; and they could possibly seek comments from the public concerning the meeting time. He then noted that a change in meeting time might not result in increased attendance or input. In response to a question from Commissioner Swanson, the City Manager indicated ., many of the staff members who would be attending Commission meetings are eligible for compensatory time. He stated that some staff members, including the Clerk of the Commis- sion, have a substantial number of compensatory hours on the books but find it difficult to use them due to the workload. He noted that others may be eligible for overtime, at a cost of time and a half; however, he cannot provide a hard dollar amount that it would cost the City because that revolves around who is in attendance. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission direct staff to prepare a resolution to change the Commission meeting time from 2:00 p.m. to 2:30 p.m. every Monday. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Comm iss ioner Frost and Mayor Hawks; those voting No, none. 01-15-90 -...., ..,.- ,.- " . ,. , , . . - 11 - ,- Appointment of subcommittee to review Pledged Securities as of December 31, 1989 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State statute. It was moved by Commissioner Knapp, seconded 'by Commissioner Goehrung, that Commissioner Goehrung and Commissioner Frost be appointed to review the pledged secu- rities as of December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; ~hose v9tin9 No, none. Appointments to Board of Adjustment (2) City Manager Wysocki submitted to the Commission a memo from the Clerk of the Commission listing the applicants for the various boards and commissions. Mayor Hawks briefly reviewed the procedure;foHowed for appointment of members to the boards and commissions. It was moved by Commissioner Goehrung, seconded bY Commissioner Frost, that Jerry Bancroft and Morris Jaffe be reappointed to the Boal"'~ of Adjustment, with three- ..i year terms to expire on December 31, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp arid Mayor Hawks; those voting No, none. Appointments to Board of Appeals (2) It was moved by Commissioner Frost, seconded by Commissioner Swanson, that Gene S. Brooks be reappointed and that Elmer D. Peterson be appointed to replace Hal Wheat on the Board of Appeals, with three-year terms to expire on December 31 , 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Appointment to Cemetery Board (1) It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that Janice Peace be reappointed to the Cemetery Board, with a three-year term to expire on December 31, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, CommJssioner Goehrung, Commis- sioner Frost and Mayor Hawks; those voting No, none. Appointment(s) to Library Board of Trustees It was moved by Commissioner Knapp, sec;:ol1ded by Commissioner Go.ehrung , that 01..15-90 _______~__._____ ._._ ____n __._._..__.__,______._.___u _.._._ , .~ . . - 12 - Helen McClure Kerr be appointed to replace Elaine Schh!nker on the Library Board of Trustees, with a term to expire on June 30, 1992. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission reaffirm Commissioner Knapp's term on the Library BoarC:f of Trustees, which expires on June 30, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. 'Commissioner Knapp abstained. Appointments to Recreation Advisory Board (S) It was moved by Commissioner Frost, seconded by Commissione'r Swanson, that Amanda Cater and Dick Pohl be reappointed to the Recreation Advisory Board with two-year terms to expire on December 31, 1991; that Herb Davis be appointed to replace Bruce Colton and Reeves Petroff be appointed to replace Lawrence Pendleton with two-year terms to expire on December 31, 1991; and that Colin K. Davis be appointed to replace Joe Frost, with a term to expire on December 31, 1990. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission thefoHowtng IIFor Your Informa- tionll items. (1) The City Manager requested that the Commission circulate a brochure on a seminar entitled IIEconomic Outlook Seminarll, which is to be held in Bozeman on February 7, 1990. He asked that all Commissioners interested in attending contact the Clerk of the Commission so she can make the appropriate reservations. (2) The City Manager submitted his weekly report, as follows. (1) Staff has been working on the Baucus report during the past \Veek. (2) City crews swept the downtown streets on two nights this past week;' ahd much of the ,dirt from sanding was picked up. (3) Park Superintendent John McNeil recently attended a seminar on sprinkler system maintenance in Billings. (4) Staff is preparing for an auction of Valley Unit lots in March. (5) Staff held four meetings concerning Life-Link this' past week; and the agree- ment which was acted upon is a result of those meetings. (6) Quarterly safety meetings began last week. (7) He met with Commissioner Knapp and Swanson last week to discuss a land and management policy as well as CVR Oak. (8) He has discussed the Hyalite Dam project with Representative Williams' office in Washington, DC, this past week. He noted 01-15-90 .' . ,~ . . . - 13 - that a presentation to the Commission from Mr. Glen McDonald, Department of Natural Re- sources, would be appropriate, since a formal presentation has not been made in quite some time. He indicated the agenda item will probably take an hour to an hour and a half. (3) The City Manager suggested that orientation sessions should be included on next week's agenda, noting he will schedule two or three if the Commission so desires. The Commission concurred. (4) Commissioner Goehrung distributed to the Commissioners copies of a schedule to be completed on when they may be contacted, or when is most convenient. He asked that these schedules be completed and returned by next week.s meeting. (5) Commissioner Knapp reminded the Commissioners of the reception to be held at the Bozeman Public Library at 4:00 p.m., briefly highlighting the scheduled activities. (6) Mayor Hawks stated he and Commissioner Swanson will hopefully be prepared to submit a report on their recent attendance at the amenities and economic development seminar in two weeks. He suggested that the Chamber and Gallatin Development Corpo- ration be extended invitations to be present for the report, since they helped to defray the cost of Commissioner attendance. Recess - 3:50 p.m. Mayor Hawks decla red a recess at 3: 50 p. m., to reconvene at 7: 00 p. m. fo" the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. This was the time and place set for the public hearing on Commission Resolution No. 2771, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2771 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 A PORTION OF ORANGE STREET LYING BE- TWEEN THE EAST ONE-HALF OF BLOCK 50 AND THE EAST ONE-HALF OF BLOCK 53 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONT ANA. Mayor Hawks opened the public hearing. City Attorney Becker indicated that this resolution states the City's intent to vacate 01-15-90 --.- , lA , . . , . - 14 - that portion of Orange Street lying between the east one-half of Block 50 and the east one-half of Block 53 of the Northern Pacific Addition. He stated that in 1977, the Commis- sion acted to vacate the street through the entire block; however, the legal description was poorly worded, so it could be interpreted two ways. He stated the Gallatin County Clerk and Recorder's interpretation was not the same as the City's intent; therefore, the maps do not reflect vacation of the entire street right-of-way in that block. He then stat- ed this vacation is simply to clarify the intent of the 1977 vacation. Mr. John Goerke, 415 North Broadway Avenue, stated he is the applicant, noting . ' he owns the property on both sides of the Orange Street right-of-way from the alley to Broadway, where it intersects with Avocado Street. He then encouraged Commission ap- proval of this request so he may utilize that right-of-way. No one was present to speak in oPJ>osition to vacation of the subject street right-of-way. Mayor Hawks closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize and direct staff to prepare an ordinance vacating and abandoning that portion of Orange Street lying between the east one-half of Block 50 and the east one-half of Block 53 of the Northern Pacific Addition. The motion carried by the following A ye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. ortion ition This was the time and place set for the public hearing on Commission Resolution No. 2772, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2772 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 McADOW AVENUE LYING BETWEEN BLOCK 49 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE WEST AND BLOCK 47 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN FRONT STREET ON THE NORTH AND THE NORTHERN BOUNDARY OF THE EAST/WEST ALLEY RIGHT-OF-WAY ON THE SOUTH. Mayor Hawks opened the public hearing. City Manager Wysocki reminded the Commission that the staff report for this subject vacation was submitted at the December 18 Commission meeting. He noted this request is for vacation of that portion of the McAdow Avenue right-of-way lying between Block 49 and Block 47 of the Northern Pacific Addition, and further lying between Front Street and the east/ west alley to the south. He then reminded the Commission that a storm sewer line 01-15-90 , " , . . . - 15 - extends through the east/west alley right-of-way on Block 47, which has been vacated in the past. He stated the Director of Public Service has requested that an easement for that line be executed prior to vacation of the street right-of-way . Mr. Tom Simkins, Manager of Simkins-Hallin . Lumber Company, stated hei$ one of the parties requesting the street right-of-way vacation. He indicated the company pro- poses to relocate its truss manufacturing operations to the subject location, which will move it away from residential development and alleviate those conflicts. He noted that in its current location, the neighbors become annoyed with the business, which can create early-morning noise in the summer. Mr. Simkins stated that Mr. Roger Craft has recently discussed with him the pos- sibility of requiring additional right-of-way for Front Street so it can be expanded to be- come a part of the belt loop system. He stated that to require an additional ten feet of right-of-way from the front of his subject property could possibly create a hardship, par- ticularly in light of the size of structure needed for the truss operation. He then suggest- ed that such a requirement could possibly be addressed through trade-offs with the City. Mr. Roger Craft stated he talked with Mr. Simkins to alert him to the proposal con- tained in the new updated Master Plan. He noted that Mr. Simkins seemed receptive to trying to work out the right-of-way needs when the time arrives. Mr. Tom Simkins noted that the property along the north side of Front Street is owned by Montana Rail Link; and there is adequate room to obtain all of the additional right-of-way needed on that side, rather than dealing with the property owners along the south side as well. In response to the City Manager's request, Director of Public Service Phill Forbes stated that, until a design has been developed for improvement of Front Street, he does not know what additional right-of-way will be required. He also stated it would be much easier to acquire any additional right-of-way along the north side of the street, where one single owner is involved, rather than working with multiple owners of the 25-foot-wide lots along the south side of the street. In response to a question from Mayor Hawks, the Director of Public Service stated he has not reviewed Front Street in light of possible expansion for a loop system; how- ever, he has reviewed the area involved in this request. No one was present to speak in opposition to the requested street vacation. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct the staff to prepare an ordinance vacating a portion of McAdow Avenue lying between Block 49 and BJock 47,of the, Northern Pacific Addition and further lying between Front Street and the east/west alley to the south, following exe- 01-15-90 ,. \. to ..... - 16 - cution of an easement for storm sewer through the vacated east/west alley right-of-way in Block 47. The motion carried by the following Aye and No vote: 'those voting Ayebein9 Commissioner Knapp, Commissioner Goehrung, Commissioner ;Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Continued public hearing - 1989 Bozeman Area Master P'an Update This was the time and place set for the public hearing on the 1989 Bozeman Area Master Plan Update. Mayor Hawks reopened the continued public hearing. City Manager Wysocki noted that several written comments were received' prior to the January 10 deadline; and copies of those were included in the Commissioners' packets. He then submitted into the record letters which have' been 'received from Anne Banks, dat- ed January 15; Richard A. Ream, Presider:'t of the S0l4thwestM9ntana Building Industry Association, dated January 12; and a letter of response from the Planning Staff to a letter received from Mr. Charles Bowen dated December 15.' The packet of written comments received by the Clerk of the Commission included: Paul J. Conn and Dorothy J. Boulton, dated December 15; Pat Simmons and Dick Krawiec, dated January 2; Albert A. Frost, dated January 5; Joe Gutkoski, President of Gallatin Wildlife Association, dated January 5; Recreation and Parks Advisory Board, dated January 9; Thomas R. Anacker, dated January 10; Director of Public Service Phin Forbes, dated January 10. The City Manager noted that the Planning Staff has forwarded a packet of letters which their office has received since December 11, 1989. Planning Director Andy Epple reminded the Commission' that a rather lengthy pre- sentation of the new updated master plan was submitted at the first portion of this public hearing, which was held on December 11, 1989. He then showed the Commission two maps which show important elements of the updated plan. The Planning Director then reminded the Commissioners that they have received the City-County Planning Board's recommenda- tion for approval of the master plan, subject to several modifications which were contained in Attachment A to the resolution. Mr. Albert A. Frost, 211 West Main Street, indicated he Is an attorney representing Frank and Patricia Trunk. He showed the Commission two pictures of the 4.8-acre tract which is owned by a partnership in which Mr. and Mrs. Trunk are involved. He noted the subject property is zoned B-2- T, Community Highway Business with a Transitional Overlay, under the current master plan; however, the new master plan would revise that designation to lOW-density residential. Mr. Frost then reviewed the location of the subject parcel, noting it abuts the southern edge of Huffine Lane on the north, the sewage la- goons for the Rea Water and Sewer District on the south, and Signs and Designs on the west. 01-15-90 \, , " , . . . - 17 - Mr. Frost stated that with the amount of commercial development which has occurred along the south side of Huffine Lane, a low-residential designation is inappropriate. He further noted the subject site is located adjacent to 'the sewage lagoons; and those lagoons are viable for an extended period of time as they exist. He stated that because of the lo- cation and surrounding activities and development, low-residential development will not oc- cur on that parcel; however, commercial or light manufacturing activities could appropri- ately be located on the subject tract. Mr. Frost then encouraged the Commission to change the land use designation on the subject 4. 8-acre tract to commercial or light manufacturing prior to adoption of the master plan, rather than creating the need for a fll8sterplan amendment after adoption. Mr. Paul Conn, 514 South Third Avenue, stated he is a native Montanan who has moved to Bozeman with his consulting business after living out of state for thirty years. He noted the first draft of the new master plan contained a strong environmental state- ment; however, the language of that section in the new draft is substantially weaker. He stated he feels the City should have strong controls on development of the community. He noted many businesses located here are compatible with the area and its natural environ- ment, particularly since they are located a long way from the natural markets and popula- ted centers. Mr. Conn then stated he supports a strong Interest in the historic preservation ef- fort, particularly in the downtown business area. He also noted that the corridors along the highways are also important. Mr. Conn;thenstated support for efforts to develop lin- ear parks and area parks, as set forth in the draft plan, noting the master plan is the place to begin that process. Mr. Robert Lee, 2101 Fairway Drive, stated he is a planning consultant who has worked in the private sector in Bozeman for the past twelve years. He noted that the draft master plan and zone code reflect that the City has IIgotten a -lot of bang for the buckll; however, he noted there are some areas which should be addressed. He commended the consultants, Planning staff, City-County Planning Board and the ad hoc impliitmentation committee for the work which has been completed't'o date. Mr. Lee suggested there may be an oversight in the land ,use classification de- scriptions contained in the master plan. He noted thbt th~re is no description for II publ ic open spacell, even though it is listed in the document. He stated that publ ic land may not always be park, but may be owned by Montana State University or possibly the School District. He then suggested that a description of the development which might be antic- ipated should be included in the master plan; and it might be appropriate to separate parklands from other public lands in the document. Mr. Lee then stated the second area to consider is the conflict between the master 01-15-90 ,':'i:; --'---. '- o. , . . . . - 18 - plan provisions for planned unit developments and the zone code provisions for commercial planned unit developments in residential areas. He suggested the language contained in the master plan may be too restrictive to allow needed flexibility in the zone code, particu- larly since the master plan limits the location of commercial PUD's in residential areas to intersections of arterials. He suggested the language should be revised to allow for com- mercial PUD's at the intersections of arterials, or arterials and collectors, or properties fronting on and accessing arterials. Mr. Lee stated that the language contained in the zone code would provide the safeguards and criteria to ensure quality development of those projects, while further ensuring compatibility with the residential neighborhood. The transportation plan was the third issue raised by Mr. Lee. He noted the gen- eral statement of the plan does not seem to be as Visionary as it should be, but simply re- inforces what everyone already knows. He suggested that with a modicum of effort, the transportion portion of the plan could be upgraded and taken to the next generation. Mr. Lee suggested that a Highland Boulevard corridor extending south of Kagy Boulevard, to Goldenstein Lane, could take pressure off Sourdough Road, which was not designed as an arterial. He stated that designation of a corridor does not mean the street will be developed in the near future; however, it is the first step, after which acquisition of property may occur whenever possible. He also noted that designation of street corri- dors provides property owners with an awareness of upcoming street development long be- fore that development occurs. Mr. Lee then noted that the Highland/Oak corridor might be a good concept; how- ever, he suggested the location of the corridor should possibly be moved. He stated that to extend Highland Boulevard north from East Main Street along the present corridor would involve "jumping off East Main, into the swamp, across the creek, and over the railroad trackll . He cited as another example the proposed Garfield Street corridor, noting that cannot become a reality because it would traverse the Montana State University campus. Mr. Lee stated that the northwest and southwest portions of the community have generally good roadway systems, particularly since the one-mile grid is basically followed. He noted, however, the northeast and southeast segments of the community do have some transportation problems which should be addressed, at least in ,concept. Mr. Lee's final comment addressed the capital improvement program, which he in- dicated is quite weak and reflects no vision. He noted that the program does provide a prioritized listing of needed street, water and sewer projects; but it does not contain many of the community's other needs. He noted that Goal No. 2 states, IISupport the establish- ment and maintenance of green belts and/or open space, including the preservation of trail and open space corridors along creeks, ditches and utility easements", indicating he would like to see the City participate in meeting that goal. Mr. Lee stated that, until a capital 01-15-90 .. . " f . . , . . - 19 - improvements plan which specifically identifies problems with funding and prioritizes proj- ects, the City will remain in its "knee-jerk" reactive role. Mr. Morris Jaffe, 1311 South Black Avenue, encouraged the Commission to use the mission statement, goals, objectives and implementation policies set forth in the September 6, 1989, draft of the updated master plan. He noted the original mission statement recog- nizes the area's natural amenities as the number one priority, further recognizing that the second most important resource is the people. Mr. Don Weaver, 2404 Spring Creek Drive, gave a brief history of the development of Westridge Subdivision, which he developed. He then stated it is important to develop street corridors early in the planning process; and those corridors must provide some flexibility in exact street location. Mr. Weaver stated that planning, 'with a vision to the future, is extremely important, otherwise conflicts may arise. Mr. Weaver encouraged the Commission to move forward with adoption of the plan slowly, noting that all comments and public input should be carefully considered. He a I so noted that the new zone code as proposed will create some non-conforming uses; and those issues must be carefully addressed prior to adoption of that document. Mr. Weaver stated it is important for developers and their neighbors to work to- gether when planning developments, since issues are not well addressed when people are in adversarial relationships. He then stated he has no specifiC recommendations for changes in the master plan; however, he noted those suggestions which are submitted should be considered and the document revised to reflect those ideas, thus creating a shared common goal. Ms. Joanne Jennings, Recreation Advisory Board, noted the Commission has re- ceived a memo from that Board dated January 9, 1990, which adds more recommended changes to their original memo, which was attached to the City-County Planning Board's resolution of recommendation for approval. She requested that these additional changes be incorporated into the Commission's deliberations. Mr. Tom Anacker, 422 West Henderson Street, noted he had submitted a letter on January 10, which was included in the Commissioners' packets. He then high I ighted the key points contained in that letter. He noted that flexibility must be retained in the mas- ter plan. He then noted that the transportion portion of the master plan should be im- proved, predicting that the trend of the future will be toward public/private cooperation in developing improvements to the transportation network. He stated that the transporta- tion system must be improved to assist orderly growth in Bozeman. Mr. Anacker then addressed the land use designations contained In the master plan, noting the area furthest from the center of the city is designated as rural residential. He noted that agricultural uses of land around the community should be encouraged and ! 01-15-90 ;,!,i" , , . .~ . . . - 20 - promoted. He then stated that the proposed zone code provides an agriculture---suburban district; however, there is no agriculture land use designation in the master plan. He noted this is an oversight which he feels should be corrected prior to adoption of the mas- '. . . ter plan. , .;. Mr. Anacker stated the third item he feels should be revised is the section dealing with commercial planned unit developments in residential ~OAes. H,econcurred with Mr. Lee's suggestion that the language in that' section be revised to provide more flexibility for the location of such developments. Mr. Eric Nelson, Bozeman resident, stated support for the mission statement con- tained in the first draft. He noted that the area is generally without environmental degra- dation at the present time; and it is much easier and cheaper to maintain the environment than it is to clean it up and take it back to its natural state; citing Butte as an example. He also stated he does not wish to trade the environment and aesthetics for economic. bene- fit. He then stated that long-term economic health benefits from preservation of the natu- ral amenities. Mr. Michael Garrity, Bozeman resident, indicated he is.c;urrently constructing houses in the Brentwood Subdivision. He noted that Page 12 of the draft plan indicates that the number of fireplaces and wood-burning stOves in the Bozeman area has increased dramatically in the past thirteen years; and concern about air pollution is mentioned. He noted, however, that the implementation policies listed under Goal No.5 do not include any reference to the issue. He stated there a.re two different types of wood stoves or fireplaces which a builder can install--one which is less costly and less efficient and one which is more expensive and more efficient. He noted the general public does not usually care which type of wood burning device is installed; and the builder usually installs the less costly one. Mr. Garrity then encouraged the Commission to add an implementation policy to require installation of more efficient wood-:-burnlng stoves and fireplaces if they are serious about maintaining the local environment and avoiding air pollution. Ms. Mary Vant Hull, former Commissioner, 416 East Story Street, reiterated her po- sition that the mission statement under "goals, objectives, and implementation policies" from the first draft should be contained in the final versloHof the master plan, rather than the one in the present draft. She then reviewed the language in that mission statement, as follows: liThe beauty of the City of Bozeman and the. Gallatin Valley is a valuable re- source. The area is truly unique, and itsI1Jgl1-altitud~ mountain valley is one of the more fragile areas in the United States. The people have done a reasonable job of protecting these resources" but some of the' uniqueness has been destroyed; some has been damaged; an~some is being threatened. Therefore, in making all decisions, the prime consideration is that the Bozeman area's most important .resourceis its natural beauty and pristine 01-15-90 I . . r . . '- " . - 21 - , environment. This resource must be protected. All other goals and objec- tives must take cognizance of this fact. Since our second most important resource Is our people, our second consid- eration must be to always ensure opportunities for valuable public input.1I Ms. Vant Hull then stated that IIbalancing well managed and creative growth with a respect for the beauty of the natural environmentll, which is the language contained in the present draft, translates to IItrade-offsll; and she feels that is not appropriate or desir""" able. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated support for adoption of the master plan with the modifications as recommended by the City-County Planning Board. She stated support for Goal No. 1 under IIcommercial, industrial, and economic developmentll is to "maintain and strengthen the centralbus;ness district as a commercial, cultural and symbolic center for the Bozeman areall. She also stated support for the goals which encourage an aestheticalJypleasing community as well as the requirement for review of the master plan document every five years. Ms. Joyner then stated support for the mIssion statement contained in the current draft, noting it is important that a balance be maintained between the environmental qual- ities and development. She noted that both are important to the health and well-being of the area; and slow, steady economic growth is beneficial. She stated that people want to live, work and do business in a quality environment; and she feels this mission statement , will allow for that. Mr. Lee Stroncek, 818 South Black Avenue, stated. u,more,jobs' equals more people equals more problemsll. He stated this community has never known depression, but has enjoyed a stable economic situation. He then indicated the aeSthetics and natural environ- '.'" , ment should be protected, rather than encouraging the "economic growth nonsense". In response to a question from Commissioner Frost, Director of Public Service Phill Forbes stated he supports a 37-foot-wide, back-of-curb to back-of-'curb ,street standard. He noted this provides an adequate width for parking on both sides aodtwo driving lanes, even in winter when the streets are narrowed due to snow packed agaInst the curbs. He stated in the older southside residential areas, many of the streets are 28 to 30 feet in width, from back-of-curb to back-of-curb. The Director noted that with urban-density development, a 37-foot street allows for on.....streetparklng in front of each residence and for two cars to pass safely. Commissioner Swanson asked what will be done with the comments received during this public hearing. Planning Director Andy Epple responded the staff will submit those comments re- ceived during the pUblic hearing opened on December 11, the written comments and the comments received during this public hearing to the City-County Planning Board for their 01-15-90 \, J , ... 1 .. . . ,- . - 22 - . review and consideration. He then suggested that the City Commission and County Com- mission designate sub-committees to meet with a sub-committee of the City-County Planning Board to determine whether those items are acceptable to all bodies. Mr. Rudolph Svehla, 419 East Lamme Street, expressed concern about the 37-foot street standard, noting the Perkins Street right-of-way is on Iy 18 feet wide. Mr. Stephan Custer, 511 West Spring Creek Drive ,submitted a letter to the Com- mission, noting he has two concerns. He stated support for the mission statement contained in the first draft of the master plan. He then expressed concern about the elimination of the environmental constraint maps, particularly as they apply to the landslid- ing problems in Story Hills. He stated that It is a significant public health and safety concern that should be noted. Mayor Hawks closed the public hearing. Break - 8:46 to 8:55 p.m. Mayor Hawks declared a break from 8:46 p.m. to 8:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued public hearing (continued) - 1989 Bozeman Area Master Plan Update Mayor Hawks noted that the suggested format for considering public input wi II slightly alter the process which was discussed during the afternoon session. He stated that working with the County Commission in an attempt to develop a master plan which is acceptable to both bodies is important; and the proposed format would allow for such dis- cussions. He then stated he has talked briefly with Commissioners Goehrung and Knapp to see if they would be willing to serve on a sub-committee to review the comments received and attempt to work out a compromise to be submitted to both governing bodies for their consideration. ":f Commissioner Goehrung noted several of the Comments submitted could probably be categorized into various elements of the master plan, since many of the people seem to be saying the same thing in different ways. He then suggested that each of the Commission- ers write a summary of the comments receiveda.nd give it to the sub-committee, so those elements may be incorporated in the document. Following discussion, the Commissioners determined the process to be followed. The Planning Staff will work with Mr. Roger Craft, Chairman of the City-County Planning Board, in an attempt to compile and incorporate all of the comments received into the draft master plan during the remainder of this week. The Clerk of the Commission will complete the minutes, at least on the master plan public hearing portion, for inclusion in Friday's packet. On Monday, all Commissioners will submit their summaries to the Clerk of the 01-15-90 . . ..... t .. . . ,- . - 23 - . Commission. Those comments will then be distributed to Commissioner Goehrung and Commissioner Knapp, who will serve on the sub-committee during the week of January 22. At the January 29 meeting, the City Commission will review the master plan, as finally revised to include public comments, with a decision to be made on the contents of the final master plan. The County Commission is then to make Its decision on the master plan at their meeting to be held on January 30. Commissioner Frost indicated he feels the language of the mission statement con- tained in the original draft of the master plan is important and should be reinstated in the document, or a revision similar thereto should be incorporated. Mr. Roger Craft gave a brief history on the change in mission statement language, noting the language was changed to please the County Commission; and both the City Com- mission and County Commission have expressed their displeasure with the revised lan- guage. He then noted that over one-third of the goals and objectives contained in the master plan evolve around environmental concerns, aesthetics or natural resources. In response to a question from Planning Director Epple, Commissioner Frost stated he would like to know the City-County Planning Board's response to Director of Public Service Forbes' comment concerning street standards. Mayor Hawks suggested that streets which are off the beaten track and which lead into small enclaves of residential development could possibly be constructed to lesser stan- dards than the proposed 37-foot width. He noted that off-street parking could possibly be required along those streets, which would alleviate some of the problems which could be created by narrowing of the street. Commissioner Knapp stated she feels it is important to develop standards which will remain constant, resulting in equity in how residents are treated. She noted that changes in philosophy over the years have resulted in different widths of streets and sidewalks in some portions of the community; and the result is inequity. City Manager Wysocki reminded the Commission that as Commissioners change, the philosophies; and, subsequently, the policies change. He noted it is a constant factor which will not change. Director of Public Service Forbes reminded the Commission that public works, once installed, last for an extended period of time and must be ma.intalned during their life. He noted it does become an equity issue, particularly when programs such as street mainte- nance districts are contemplated. Mr. Craft stated that one of the comments'subm!tted during public meetings on the master plan concerned the number of houses being built: outside the city limits because of the costs of meeting the City requirements and regulations. He noted that lessening of the street standards in residential areas was one of the trade-offs suggested. 01-15-90 l".'::....,oI~ ','" . , - 24 - . . Commissioner Goehrung expressed concern about the concept of lesser standards for private or residential streets. He noted that, although the developer or initial owners may support the concept, future owners may prefer up~raded facilities. He then cited the northeast sector of the community as ~n example, noting that the expense of improving those streets now appears prohibitive. He stated it is better to err on the side of caution, noting those comments submitted by the prcj'fessioH'c:d staff rnu5,t becdnsidered. Mayor Hawks encouraged the sub-committee to remain ih contact with the other Commissioners during their work on revisions to the master plan, to ensure the compromise created is basically acceptable to the entire Commission. Adjournment - 9:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. ; " 01-15-90 },~;':':~';" ..