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HomeMy WebLinkAbout1990-02-05 . 'i ". "'~ , i :>' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 5, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 5, 1990, at 2:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson, 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 si lence. None of the Commissioners requested that any of the Consent I tems be removed for discussion. Minutes - January 22 and January 29 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes for the regular meeting of January 22, 1990 be approved as submitted. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Action on the minutes of the regular meeting of January 29, 1990 was deferred for a period of one week. City Manager Wysocki submitted to the Commission a letter from Mr. Greg Morgan dated January 30, 1990, and a memo from City Attorney Becker dated February 2, 1990. City Attorney Becker;';briefly;highlighted his memo, including the relevant treatises which cover the various elementsof'this issue. He noted the City Qoes have the authority to revoke a business license on the basis that it has been issued contrary to law. He stated in this instance, however, the City may have compromised its position by indicating on two separate occasions that he could operate, then told him he couldn't until he com- pleted the conditional use process. The City Attorney then recommended that the Commis- sion consider this business as similar to a grandfathered use, giving it a legal non- conforming use status. Commissioner Frost expressed concern about the January 19 memo from the City At- torney, In which he indicated an intent to pursue this item and require that a conditional use permit be sought. City Manager Wysocki stated the Commission had directed staff to proceed with steps necessary to ensure that a conditional use permit was obtained for this operation; 02-05-90 'i~~~>, ~~ ~'" -". ,\' ~ ' f , , ,.. - 2 - and to date, that mandate has not been changed. He then stated concurrence with the City Attorney's recommendation, noting that under the grandfathering provisions, no ex- pansion of the existing use may be made until a conditional use permit has been sought and obtained. Commissioner Swanson briefly highlighted the chronological actions taken in this matter. He then asked if the timing for issuance of the business license should possibly be revised. City Manager Wysocki stated he feels the business license for this business was is- sued prematurely; and it wou Id be appropriate to revise the process. He noted that this business license was issued in anticipation that the Commission would follow through on its original vote. Commissioner Knapp stated support for the City Attorney's recommendation. Mayor Hawks stated he feels that grandfathering of this use is the only reasonable solution. He recognized, however, that the Commission does have a right to make the fi- nal decision on any issue. He stated he feels that the basis for making recreational vehi- cle sales a conditional use in the B-2 zone was a solid one that meets the intent of the proposed zone code. City Manager Wysocki stated he feels it would be difficult to classify this operation as lIequipment salesll as requested by the applicant. Commissioner Frost stated an interest in obtaining objective alternatives /!J;; the Commission in the future, rather than receiving a single recommended solution. He stated he feels the Commissioners should receive all of the facts and make the decisions. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission classify Rocky Mountain R/V, located at 716 East Main Street, as a grandfa- the red non-conforming use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Com- missioner Goehrung and Mayor Hawks; those voting No, none. Continued public hearing - interim zoning ordinance This was the time and place set for the continued public hearing on the interim zon ing ord inance. Mayor Hawks reopened the continued public hearing. City Manager Wysocki noted that included in the Commissioners' packets were a let- ter from Billie Warford, lOWest Cleveland Street, dated January 29; a copy of Sherman Jahnke's testimony submitted at last week's meeting; a copy of the letter from Mr. and Mrs. Robert Sullivan, 405 Ice Pond Road, and Mr. and Mrs. George Roemhild, 417 Ice Pond Road, which was submitted at last week's meeting; a copy of the petition from Ice 02-05-90 l" ,'( ~ . 1 i , f - 3 - Pond Road area residents submitted at last week's meeting; and a copy of the testimony submitted by Steve Custer at last week's meeting. Planner Ron Brey distributed to the Commission a memo containing proposed re- visions to the interim zoning ordinance. He noted that the sub-committee carefully re- viewed the input submitted at Monday night's public hearing; and the proposed modifica- tions have been prepared in a line-by-Iine format. He stated certain concerns have not been addressed in this memo because the issues were of sufficient complexity and critical enough that it was determined best to address them in conjunction with final adoption of the zone code. He noted the R-2A zoning regulations should be included in the interim zoning ordinance in addition to the line-by-line items; and a copy of that is included in the information just distributed. Planner Brey noted that the interim zoning ordinance does not include a fee sched- ule for the various processes and suggested that the fees contained in the current zone code by incorporated by adoption of a resolution at the same time the interim zoning ordi- nance is adopted. The Planner noted that one of the major items of discussion in the sub-committee meeting was the appeals process, indicating that Mr. Keith Swenson will make a presentation on that item. Mr. Keith Swenson noted there are different types of zoning ordinances, one is conventional, with little flexibility or choice; one that is known as performance zoning, , with many options and much flexibility; and a hybrid of the two. He noted that the zone code which has been prepared by the consultants is a hybrid, with some alternatives provided. He reminded the Commissioners of concerns articulated during the early commu- nity-wide public input meetings, when simplifying the process and a reduced number of public hearings while providing an opportunity for citizen input were issues that received strong support. Mr. Swenson briefly highlighted some of the acronyms contained in the new zone code document, and the functions of each of those boards and committees. Mr. Swenson then presented to the Commission a chart showing the revised process for considering appl ications and appeals. He noted that under this revised schedule, the applicant or any interested citizen may appeal the decision of the City-County Planning Board to the City Commission; and the period for filing and perfecting an appeal has been extended to seven days. He noted that under this revised process, the City Attorney does not review the appeal to determine its validity, but the appeal is simply submitted to the next higher body. I n response to a question from Commissioner Swanson, Mr. Swenson indicated that, depending on the type of project, under the existing code the process takes five to nine weeks; and under the proposed code the same project will take four to seven weeks. 02-05-90 ,~ ' j . .. - 4 - Mr. Keith Swenson stated that, in response to concerns raised by City Attorney Becker, the section on historic preservation has been revised so that the Historic Preser- vation Advisory Committee's decisions are simply recommendations which are forwarded to the Commission for final action. He suggested these issues could be placed on the consent agenda, being withdrawn if a protest is made. Mr. Swenson stated that the City-County Planning Board decisions would be treated in a similar nature under this proposal. He noted that the Board's decisions could be placed on the consent agenda for ratification in the event no protest is fi led; and a publ ic hearing before the Commission may be scheduled in the event of an appeal. Commissioner Swanson asked if the posting for a project will look significantly dif- ferent under the new code. Mr. Swenson responded the postings on property will probably be color coded; and as much information as possible will be contained on the sign. He noted that if an appeal is filed, it will be so noted; and the date of hearing will be included. Planner Brey stated that under the new process, it is important to provide as much information as possible concerning an application, as quickly as possible. City Manager Wysocki reminded the Planning staff that if an item is to be placed on the agenda, it is important to submit the back-up information to the Clerk of the Commis- sion early on Friday for inclusion in the packet. Mr. Swenson stated a policy statement included in the new document specifies that when appropriate and possible, projects shall be processed simultaneously through the var- ious review and technical boards. He noted this is significant because it could shorten the review process while providing ample opportunity for publiC input. Mayor Hawks stated it is his impression that the final zone code document will be very similar to the document currently before the Commission. He noted a few minor changes will be necessary; however, he does not anticipate they will dramatically change the process or intent of the document. Former City Commissioner Mary Vant Hull, 416 East Story Street, stated she feels the appeals process and historic preservation process are greatly improved with these proposed revisions. She then encouraged the Commission to adopt this interim zoning or- dinance, with the modifications, at this time. Mr. Keith Swenson stated there will be issues such as the sign code section which must be resolved prior to final adoption. He suggested that is one area where substantial changes might be anticipated. Planner Brey suggested that through usage of this interim zoning ordinance, prob- lems may arise that should be addressed prior to final adoption of the zone code. Commissioner Goehrung noted the suggested schedule of fees does not include any 02-05-90 ---- -----~~ ~" ; - 5 - fees for historic preservation applications, asking if a fee should be added prior to adoption. He also asked if staff has a recommendation for that fee. Planner Brey suggested a fee of $40 , which is the same as the fee for the Certifi- cate of Appropriateness. He then reminded the Commission of the importance of adopting by resolution a fee schedule in conjunction with the interim zoning ordinance. Commissioner Goehrung asked if it is anticipated that preparation of the final zone code will take the full six-month period of the interim ordinance's effectiveness. Planner Brey stated he does not anticipate a substantial number of major revisions, which would take time. He noted finalization of the zone code should easily be completed within the six-month period. Mr. Keith Swenson reminded the Commission of the citizen input on the proposed zone map change in the Ice Pond Road area, suggesting that be considered prior to adoption of the interim zoning ordinance. City Manager Wysocki reminded the Commission that all elements of the zone code are subject to revision prior to final adoption of the code. Mayor Hawks closed the public hearing . He then suggested the Commission defer action on this item until after the next agenda item, since it was scheduled for a specific time. Presentation from State Highway Department re speed studies - Greg Jackson City Manager Wysocki noted that included in the Commissioners' packets was an in- formation sheet on the procedure followed for revision of speed zones. He reminded the Commission that during the past year they have submitted requests for speed studies on South 19th Avenue from West College Street to the city limits and on East Main Street from North Broadway Avenue to the city limits. Mr. Greg Jackson and Mr. Lee Ault were present for this item. Mr. Jackson submitted a ten-minute slide presentation on what elements are con- sidered in establishing speed limits and how speed studies are conducted. That slide pre- sentation made the following points. Speed limits are established based on existing con- ditions and the comfort level at which most drivers travel. The 55-mile-per-hour speed limit is the one exception to this general rule; and that speed limit has helped to eliminate the vast variation of speeds at which vehicles used to travel on the two-lane highways. This manufactured speed limit has helped to decrease the number of confrontations which may occur, thus decreasing accidents and fatalities. The slide presentation indicated that, as a rule of thumb, 85 percent of the traffic should be traveling at or below the speed limit. People tend to ignore the speed limit signs if the speed limit is unrealistic; and a key item for consideration is that unrealistic 02-05-90 ~ ," . " - 6 - speed limits do not increase safety. Mr. Greg Jackson stated speed zones are very controversial. He noted the ques- tion which must be answered is whether the local government wants a study to be complet- ed, particularly in light of the fact that the speed limit will be set at the speed dictated by that study. Mr. Jackson stated it has been quite a while since a speed study has been done on East Main Street, noting it would probably be appropriate to study that area at this time. He cautioned that vision on South 19th Avenue south of West College Street is relatively unobstructed; and he does not believe that a speed study wi II reflect any need for change. Mayor Hawks thanked Mr. Jackson for his slide presentation. He then stated that he has personally received comments concerning the speed limit on North 7th Avenue as it crosses the interstate and intersects with Griffin Drive. Mr. Jackson noted that the intersection of North 7th Avenue and Griffin Drive was the scene of a recent safety project, in which a right turn lane was installed. Mr. Ault noted that this intersection meets the warrants for installation of a traffic signal at the present time. In response to a comment from City Manager Wysocki, Mr. Jackson noted a traffic signal will probably cost $50,000 to $60,000, plus whatever roadway improvements are needed, plus approximately $250 in monthly electrical bills. He then indicated that safety or urban funding might be available through the Highway Department; however, those monies are usually very tight. Director of Public Service Forbes forewarned the Commission that he will propose a speed study along North 19th Avenue from West Main Street to Durston Road, in an effort to address the existing traffic load on North 20th Avenue. He cautioned the Commission that this study could result in an increase in the speed limit along that roadway. Mr. Greg Jackson stated that State statutes require that the State Highway Commis- sion establ ish speed limits based on speed studies. He noted it may be possible to make a few minor modifications to the speed limit established; however, it cannot be raised or lowered by five or ten miles per hour from the results of the study just because that is what the local government wants. Commissioner Swanson asked if the West Main Street area has been studied. Mr. Ault responded a warrant study was done in that area two years ago; and a speed study was done five to six years ago. He noted that a traffic signal is warranted at West Main Street and West College Street; however, the structure of the roadway must be revised first. Mr. Jackson submitted to the Clerk of the Commission a sample letter to be submit- 02-05-90 ,', ' , - 7 - ted to the Highway Department for a speed study. He suggested that this letter be sub- ,~ mitted only after the Commission has decided to abide by the results of the study. He noted that all streets to be studied should be included in the letter. The Commission thanked Mr. Jackson and Mr. Ault for their informative presenta- tion. B rea k - 4: 1 3 to 4: 20 p. m . Mayor Hawks declared a break from 4:13 p.m. to 4:20 p.m. in accordance with Commission policy established at the regular meeting of March 14, 1983. Continued public hearing (continued) - interim zoning ordinance Commissioner Goehrung asked if the Planning office has received information that should be a part of the record. Planning Director Epple responded that one letter has been received from Dr. Dean Center that has not been submitted to the Commission. He noted in that letter, Dr. Cen- ter suggested that light manufacturing be allowed as a conditional use in the BP, Business Park, District rather than as a permitted use. Mayor Hawks noted that Mr. Don Weaver verbally submitted the same remark to him. In response to a question from Mayor Hawks, Planner Brey indicated the staff will prepare a complete revision schedule for the Commission to consider in conjunction with adoption of this ordinance at next week's meeting. Commissioner Swanson stated he feels another work session is needed before adoption of the interim zoning ordinance. City Manager Wysocki suggested that the Commission receive a report back from the Chairman of the City-County Planning Board in four weeks, so they are aware of the sta- tus of the finalized zone code. Commissioner Knapp noted a couple of issues that have not yet been addressed are allowing child care or day care centers in the R-O, R-1, R-3 and R-4 zoning districts; and the concerns raised about the proposed sign code. ;fi Mayor Hawks stated the sub-committee responded if'l 3t:1",....v. l u-r the recommendations submitted by the Bozeman Child Care Team. Planner Brey responded that revisions to the sign code will be made prior to adoption of the final zone code, rather than in conjunction with the interim zoning ordi- nance. Mayor Hawks requested that the decision on this item be placed on next week's agenda. 02-05-90 -~ ., ' . , - 8 - Mountain Ski and Bike, 621 City Manager Wysocki submitted to the Commission an application for renewal of the beer and wine license, along with the required fee, as submitted by Baldy Mountain Ski and Bike, 621 Bridger Drive. He noted a memo from Planning Director Epple is attached to the application. Planning Director Epple noted Mr. Frank Coyle, owner of Baldy Mountain Ski and Bike, has a free-standing sign which was approved with a reader board that has not ~ installed as of this date. He reminded the Commission that recently they denied a request to allow installation of a second free-standing sign. He noted that Mr. Coyle has been us- ing a portable sign for approximately the past fifteen months; but he has been delinquent on this monthly licensing fee for that sign. He then indicated he is now in possession of a $270 check to bring those licensing requirements current. The Planning Director then indicated that the conditions yet to be met for the con- ditional use permit include mainly landscaping, curbing and paving. He then stated that approval of this application for a beer and wine license does not in any way compromise the City's position in obtaining compliance with the conditional use permit at this time; however, he noted it should be made clear that if the conditions are not met by a date certain, the I icense will be revoked. The City Manager reminded the Commission that this approach is being taken only to gain compliance with the conditional use permit approval. He noted that paving and curbing can be accomplished early in the construction season, suggesting it could be com- pleted by July 1. He then reminded the Commission of their recent action taken concern- ing Life Link's conditional use permit. In response to a question from Mayor Hawks, the City Manager noted that Mr. Coyle is not in a position to obtain a letter of credit at this time, to cover those improve- ments not installed by July 1. He noted that the applicant has been doing most of the work on installing improvements by himself; and that is one of the reasons the process has been moving so slowly. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the application for renewal of the beer and wine license for Baldy Mountain Ski and Bike, 621 Bridger Drive, contingent upon installation of all improvements to comply with the conditional use permit by July 1, 1990; or the City will revoke both the beer and wine license and the general business Jicenseat that time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Com- missioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. 02-05-90 --~~" ,', ' , , - 9 - Executive Session re litigation . Mayor Hawks stated this was the time set for discussing the case of Three Rivers Disposal and Waste Management Partners of Bozeman versus the City of Bozeman, which is currently pending in the Eighteenth Judicial District Court. He then stated his intent, pursuant to Section 2-3-203(4), Montana Code Annotated, to close the public meeting to discuss this matter. He further noted that Section 26-1-803, Montana Code Annotated, provides that communications between a lawyer and his client are confidential. Mr. Tad Brooks, reporter for the Bozeman Daily Chronicle, questioned whether the Commission may close the meeting under State statutes. He then protested the closure of the meeting prior to his departure. At 4:44 p.m., Mayor Hawks called an executive session for the purpose of discussing litigation and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker, Attorney Barry O'Connell and the Clerk leave the room. At 5:58 p.m., Mayor Hawks closed the executive session and reconvened the open meeting. Recess - 5:58 p.m. Mayor Hawks declared a recess at 5:58 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Public hearing - application for CDBG economic development monies - CVR Oak Designs This was the time and place set for the public hearing on the application for Com- munity Development Block Grant economic development moniesforCVR Oak Designs. Mayor Hawks openedt.he public hearing: City Manager Wysocki ndted that; included in the Commissioners. packets was a memo from the Planning Staff, along with a copy of the pre-application for this project and a letter from the State inviting the City to submit a full application. Planner Debbie Arkell presented the staff report. She reminded the Commission that CVR Oak Designs was destroyed by fire in December. In January, the City submit- ted a pre-application for CDBG economic development monies to aid in reconstruction of their facility; and the State has reviewed the pre-application and has invited the City to submit a full application. She cautioned the Commission that approval of the pre- 02-05-90 .,........ ~',~ -- ,-----._-~---~- _._-~'- . . ' . . - 10 - application and the invitation to submit a full application do not represent automatic ap- proval. The Planner briefly reviewed the financial portion of the application, noting that it would include $95,000 in CDBG economic development monies, to be used in purchasing ma- chinery and equipment, plus $6,650 for administration of the grant. She stated the total project is estimated at $216,650, which would be funded through the $95,000 CDBG loan, $6,650 in CDBG monies for administration, $95,000 bank loan and $20,000 from owners' eq- uity. The Planner briefly reviewed the process, noting that if this application is ap- proved, the State of Montana Department of Commerce would grant to the City the monies requested. The City would then loan those monies to CVR Oak Designs, with the monies to be repaid at a negotiated interest rate over a ten-year period. Planner Arkell stated that under this application, the applicant proposes to recon- struct his business in an existing building near the Bear Canyon interchange. He projects hiring of at least sixteen employees within six weeks; and he hopes to begin furniture shipments as soon as possible. Commissioner Goehrun9 asked if this is a generic type application for CDBG monies, or if there is a distinction for crisis situations, such as this one; Planner Arkell respond- ed there is no distinction. Mr. Jim Cover, owner of CVR Oak Designs, thanked the City and others for the extraordinary timeframe in which this application has been formulated. He noted that at the present time, the company has no production facility and no tools. He stated the eq- uity he and his wife have in the company is being held until such time as they are able to begin again. He then stated that the full application is nearly complete, and would be ready for mailing tomorrow if deemed necessary. Mr. Rich Brown, 327 North Wallace Avenue, stated he represents past employees of CVR Oak Designs. He noted that the employees reside in Bozeman; and they would like to obtain re-employment with CVR Oak as soon as possible. He noted this would put money back in their pockets, so they could then put it back in the pockets of others in Bozeman. He then encouraged Commission approval of this application. Commissioner Frost asked how many former employees of CVR Oak Designs were present at the meeting; approximately eight raised their hands. Mr. Mike Reichmann, President of Gallatin Development Corporation, stated support for the application, noting it will provide more and better jobs for low- and moderate- income persons. He noted that CVR was an important component of the growing nucleus of furniture manufacturing firms and encouraged submittal of the application. Mr. Vern Voegele, First Citizen's Bank, stated that he has worked with Mr. and 02-05-90 ~- I "~ .' - 11 - Mrs. Cover for the past three years. He noted Jim and Stacee Cover have done a good . job of operating their business, and in maintaining the bookkeeping and documentation for the firm. He noted that the business obtained an SBA loan; and they performed very well on that credit. Mr. Voegele noted that the business was growing; and he feels it will continue to do so if it can gain the needed footing to begin again. He then encouraged submittal of this application. Mr. Barry Roose, 132 Arrowhead Trail, stated he is Controller of Big Sky Carvers. He then stated he was formerly employed with the Department of Commerce, and gave a history and overview of the process followed in awarding Community Development Block Grant monies to a local government. He noted that he assists businesses in obtaining fi- nancing, and has become involved in developing this application. Mr. Roose noted that this application does provide new jobs for low- and moderate- income persons because those who were employed prior to the fire are now unemployed. He also noted that application for, and administration of, the grant does not directly cost the City I since there is over $6,000 in administrative monies in the grant. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated support for this application, noting it will create more jobs for low- and moder- ate-income persons. She noted it is important to support existing businesses, and take steps to ensure that Bozeman does not lose them to other large communities in Montana. Mr. Jack Boston, Bozeman Job Service, stated that his office wi II provide the screening and referral services for all of the low- and moderate-income positions created under this funding source. He then stated he is pleased to be a part of this community and to assist in re-establishing a business locally. Mayor Hawks closed the publ ic hearing. City Manager Wysocki presented Commission Resolution No. 2778, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2778 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT MONIES. The City Manager recommended that the Commission adopt this resolution, authoriz- ing submittal of the application to the State. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2778, authorizing submittal of the applica- tion to the State Department of Commerce for Community Development Block Grant monies, on behalf of CVR Oak Designs. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, 02-05-90 ~,,,- '- ,.'110 " , - 12 - Commissioner Swanson and Mayor Hawks; those voting No, none. . This was the time and place set for the public hearing on the zone map change from AS, Agricultural-Suburban, to RS-l, Residential-Suburban, one acre minimum, as request- ed by Gene Cook and Edwin E. Howard, on Certificate of Survey No. 673, which is located in the west one-half of the east one-half of Section 20, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located south of Kagy Boulevard and one-quarter mile west of the intersection of Kagy Boulevard and Bozeman Trail Road. Mayor Hawks opened the public hearing. Planner Dave Skelton presented the staff report. He stated that this application for a zone map change was submitted in conjunction with a preapplication for a proposed subdivision. He reminded the Commission that at this time, only the zone map change is under consideration. He then distributed to the Commission a letter from Morrison-Maierlel CSSA, dated February 5, 1990, concerning the feasibility of extending City sewer services to the proposed development. Planner Skelton stated this zone map change would change the zoning from AS to RS-l on 160 acres; and under the proposed subdivision, that property would be subdivid- ed into a 106 one-acre-Iot residential subdivision. He stated the subject property is bounded on the north by Kagy Boulevard, and is located one-quarter mile west of the in- tersection of Kagy Boulevard and Bozeman Trail Road. Planner Skelton stated the staff reviewed this application in light of the twelve cri- teria established for zone map changes, as established by the State statutes, noting it is in general compl iance with those criteria. He noted that the City has just adopted the 1990 master plan, which designates this area as suburban residential. He noted a realistic projection for traffic impacts is 850 average daily trips; thus, improvement of Kagy Boule- vard to collector street standards will be necessary. He stated the letter just received from Morrison-MaierlelCSSA reveals that extension of City sewer is not economically feasi- ble; therefore, private water and sewer systems must be installed, after approva I by the appropriate agencies. Planner Skelton stated the Sourdough Ridge development is adjacent to the west boundary of the subject property; and four other such subdivisions are located within one-quarter mile of this site. City Manager Wysocki noted the Commission has received letters of support from Peg Potter and Jonathan R. Potter, who are adjacent property owners. 02-05-90 ----""'----. ,'. ,. , - 13 - .,,( Mr. Gene Cook, owner of the property, gave a brief history on the subject parcel, . noting he has owned it for twelve years. He noted the market for single-family lots along the south edge of Bozeman is becoming stronger; and he feels now is an appropriate time to proceed with development of the proposed subdivision. He indicated that he has had an engineering firm prepare several alternatives fora looped road from Goldenstein Road along the edge or through this property to Kagy Boulevard. He also noted that he antici- pates a second access from Sourdough Road to this subdivision. Mayor Hawks noted the drawing of the proposed subdivision for this site reflects a substantial amount of greenbelt area along the ridge and asked if that will be continued to the south. Mr. Cook indicated he anticipates it will be. Mr. Richard Ream, adjacent property owner, stated support for this application, noting RS-l is an appropriate zone for this area. He noted that the proposed transporta- tion loop through the subject property would be beneficial to the surrounding area, as well as for the provision of City services in the future. He concurred that Mr. Cook has provided a nice greenbelt area in his proposed subdivision I noting that provision of City services would allow for moredustered development and more open space in future devel- opments in that area. Mr. Ream stated he is President of the Building Industry Association, noting there is a market for this type of lot. He stated that the price for this type of lot is escalating due to their scarcity; and few people are now able to afford them. Mrs. Sarah Zimmer stated she and her sister own the property immediately west of the subject property. She stated she feels the area is ideal for one-acre residential tracts and encouraged Commission approval of this zone map change. Ms. Peg Potter, 309 Donnegal Drive, stated she sells real estate for a living. She noted that a review of lot sales in this area over the past two years revealed that the southeast sector of the community is a Very desirable area, due in part to the location of the hospital and the campus. She noted that she and her husband owned a lot in Sour- dough Ridge for two years; and theyrec'ently ~old it at double their original purchase price. She then stated support for this proposed zone map change. No one was present to speak .in opposition to the requested zone map change. Mayor Hawks closed the public hearing. Commissioner Frost asked iftherr~are any plans for improvement of Kagy Boulevard outside city limits. Planner Skelton responded that the developer is responsible for improvement of roadways directly impacted by a proposed subdivision. He indicated he is not aware of any proposed timeframe for improvement of Kagy Boulevard to the east. 02-05-90 ---'-.----- --'-----"--""----- ~':_---- ,'. ,; ; - 14 - Commissioner Frost then asked several questions concerning roadway impacts, which . Planner Skelton indicated will be addressed during the subdivision review process. Commissioner Swanson asked why two City-County Planning Board members voted against this zone map change. Planner Dave Skelton responded that both dissenting members were new to this re- view process, noting they seemed to feel it was more appropriate to develop the subject property as AS rather than RS-l. In response to a question from Commissioner Swanson, Mr. Cook indicated he plans to develop the proposed subdivision in four phases, as the market dictates. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission waive the customary one-week waiting period. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Commissioner Frost stated an interest in seeing higher densities of residential de- velopment in future developments in this area, if possible. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the zone map change from AS, Agricultural Suburban, to RS-l, Res- idential Suburban, one acre minimum, as requested by Gene Cook and Edwin E. Howard, on Certificate of Survey No. 673, which is located in the west one-half of the east one-half of Section 20, Township 2 South, Range 6 East, Montana Principal Meridian. 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. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Dick Walter Motors to allow construction and operation of an automobile dealership with accessory parts and service departments on lots 18-A and 18-B, Gordon Mandeville State School Section Subdivision. The subject site is more commonly known as 2310 North 7th Avenue. Mayor Hawks opened the public hearing. Planner Tom Sheeley presented the staff report. He stated that under this condi- tional use permit, Dick Walter Motors proposes to construct a 12,71 O-square-foot building for his automot:>i1e dealership with accessory parts and service departments. The subject site is located just north of the new Adventure/and development. Currently, there is a 02-05-90 ... " . - 15 - metal building on the site which houses the TrimUne Designs, an auto detailing service. He noted the subject property is located in an M-l- T, Commercial--Ught Manufacturing with a Transitional Overlay, District. Planner Sheeley stated the Planning Board conducted its public hearing on this ap- plication at its meeting held on January 23, 1990, after which it recommended approval subject to fourteen conditions. Planner Sheeley stated that the fact that a building, housing a business, already exists on the subject property raised a question on whether the conditional use process or the planned unit development process should be followed. He noted, it was finally de- termined that it would be appropriate to utilize the conditional use process, with the exist- ing building to be considered accessory to the main structure, even though it houses a separate, but related, business. The Planner stated that the Director of Public Service has reviewed this application and recommended that the applicant be required to provide measures to mitigate street and traffic impacts as appropriate; those issues have been accommodated in the recommended conditions for approval. He noted that many of the conditions for approval are identical to those which were attached to approval of the Adventureland request last year. Planner Sheeley stated that the proposed canopy on the front of the building ex- tends over the 40-foot Montana Power Company utility easement across the property; and written permission must be obtained from MPC to allow construction of the canopy. He noted that a letter received from Montana Power Company on January 23, indicates the subject easement is used for a natural gas transport line; and no construction over that easement would be allowed. Planner Sheeley stated that proposed signage on the property was of concern to the Planning Board. He noted two signs are proposed, one being a 24-'-square-foot monument- style entrance sign and one being a 341-square-foot sign mounted on 28-foot poles. He noted the existing zone code does not limit signs in the M-l zone; however, the proposed code does. He stated the subject site is subject to the IITII review criteria for this area, which include signage. He then indicated that one of the recommended conditions provides that the signs conform with the intent of the proposed zone code. Mr. Bill Hansen, Taylor Architects, stated his firm has provided the architectural design drawings of the building and site. He noted that at the Planning Board meeting, three of the members voted against the resolution before the Commission for consideration; however, they voted against it because of some of the conditions attached rather than against the application itself. Mr. Hansen stated that after the dealership has relocated to the subject site, it is anticipated a majority of TrimUne's work will be done for Dick Walter Motors; however, it will remain a separate business entity. 02-05-90 ".j" :~~~. t. .. . - 16 - Mr. Hansen stated he has discussed the easement issue with Montana Power Compa- . ny; and he received a somewhat different response. He noted that they cannot construct anything over the easement; however, this is a forty-foot easement with a gas I ine located in the center. He noted that Montana Power has indicated a willingness to consider a re- quest for an easement reduction of ten feet, which is the distance by which the canopy encroaches upon the easement. Mr. Hansen noted one of the concerns raised during the Planning Board meeting was the proposed condition that this project be in compliance with the intent of the land- scaping and signage provisions of the proposed zone code. He noted this document has not yet been adopted; however, the proposed landscaping for the subject site seems to meet the intent of the new code. He stated that it would be difficult to meet the sign regulations in the proposed code, especially since this is an automobile dealership which carries four different manufacturers' lines. Mr. Lee Stokes, attorney representing Dick Walter Motors, expressed concern about several of the recommended conditions for approval. He questioned the condition requiring a traffic impact analysis when the dealership generates 500 or more average daily trips, noting other developments inside and outside the City create traffic impacts on that street as well. Mr. Stokes then addressed the conditions which require the signing of waivers of protest for the creation of special imprdvement districts for improvements to North 7th Ave- nue as well as signalization of the intersection of North 7th Avenue and Griffin Drive. He expressed concern about this requirement to waive a basic right, questioning how the City can impose such a condition. He also likened this condition to requiring the applicant to provide a blank check for those improvements, with no idea of the costs that could be involved. Mr. Stokes then questioned the condition which requires that the signage for this project meet the new sign ordinance, which has not yet been adopted. I n response to a question from City Manager Wysocki, Mr. Hansen stated that his information from Montana Power Company was strictly verbal; and he has not yet received a letter. City Manager Wysocki then noted that the City has followed a policy of obtaining waivers of protest for the creation of special improvement districts for specified improve- ments. He reminded the Commission that under the SID process, each property is as- sessed its fair and proportionate share. The City Manager then asked Mr. Stokes about his reason for protesting that condition. Mr. Stokes stated his client would be happy to pay his fair share for improvements; however, he does not wish to waive his right to protest if he feels that the proposed spe- 02-05-90 ;; . . - 17 - cial improvement district would create a disproportionate cost to him. He also questioned why this subject development, which is one-quarter mile from the intersection of North 7th Avenue and Griffin Drive, should be required to participate in the installation of a traffic signal, particularly when the costs could be quite extensive. He further noted there is no guarantee when these improvements might be required; and he does not want to commit to something which might occur ten years from now. Mr. Stokes expressed concern that the conditions as written are much too broad. Mayor Hawks noted it is typical that waivers of protest for the creation of special improvement districts be applied to street Improvements equal to one-half a local street standard. If the street is an arterial street, such as this, only the local street standards are assessed on a proportional basis. The Mayor then asked if the language of the con- ditions could possibly be changed to accommodate the applicant's concerns. City Manager Wysocki indicated the staff could possibly revise the conditions to ac- commodate the concerns raised. Mayor Hawks noted the subject property is located in a liT" district because of its location in an entryway corridor to the community; and signage is an important considera- tion. He stated it is anticipated that the interim zoning ordinance will be adopted in one week; therefore, it would be in place when this application is considered. Mr. Stokes indicated a willingness to work with staff in an attempt to develop lan- guage for the conditions that Is satisfactory to his client. City Manager Wysocki recommended that the Commission continue this public hearing to the afternoon session of next week's meeting. Mayor Hawks continued the public hearing to next Monday afternoon, following con- sideration of the interim zoning ordinance. Discussion - setting of fair market values for Valley Unit lots to be sold at auction sale The City Manager submitted to the Commission a memo from Administrative Services Director Gamradt listing the proposed fair market values to be set for the auction sale of Valley Unit Subdivision lots, along with a map showing the location of the lots to be in- cluded in this sale. He noted that the two realtors have provided their recommendations for the fair market value; and staff has recommended an average of those figures be used, as has been in the past. The City Manager stated that arrangements have been made to conduct the sale at 1:00 p.m. on Wednesday, March 14, at the Holiday Inn. He then recommended that the Commission set the date for the sale and the fair market values. In response to a question from Commissioner Knapp, the City Manager indicated that the four narrow lots along U. S. Highway 191 have not been included in this sa Ie be- 02-05-90 ,,,,,,..;,,,';' .~ " - 18 - cause the State Department of Highways is not in a position to bid on them at this time. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission establish the fair market values for Valley Unit Subdivision lots to be sold at publiC auction at 1 :00 p.m. on Wednesday, March 14, 1990, as follows: Lot Block Fair Market Value 1 38 $ 2,075 4 '3'8 3,025 5 3B, 3,025 12 38 3,025 13 ,~8 3,025 3 t. 29 3,025 5 29 3,025 4 30 3,025 12 21 2,987 10 ,21 " 2,987 11 9' 5,425 9 9 5,425 2 10 5,425 12 10 5,675 The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. between the east one-half of ddition City Manager Wysocki presented Ordinance No.1299, as reviewed by the City Attor- ney, entitled: ORDINANCE NO. 1299 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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 TO THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of January 22 and recommended that it be finally adopt- ed at this time. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission finally adopt Ordinance No. 1299 , vacating 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 Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Com- missioner Swanson and Mayor Hawks; those voting No, none. City Manager Wysocki presented Ordinance No. 1301, as reviewed by the City At- 02-05-90 - . ,,:/~.f:~-:V.' , .., " , - 19 - torney, entitled: . ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF NORTH IDA AVENUE LYING BETWEEN LOT 14 OF BLOCK I OF THE ROUSE'S FIRST AD- DITION TO THE CITY OF BOZEMAN ON THE WEST AND LOT 22 OF BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE EAST AND FURTHER LYING BETWEEN THE NORTHERN BOUNDARY OF THE EAST MENDENHALL STREET RIGHT-OF-WAY, IN BLOCK I OF THE ROUSE'S FIRST ADDITION TO THE CITY OF BOZEMAN AND AS TO BE RE- ESTABLISHED IN BLOCK 32 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN ON THE NORTH. The City Manager noted that vacation of this portion of North Ida Avenue has been in process for an extended period of time, due to problems with obtaining a survey of the subject property as well as an appropriate legal description. He stated that those pro- cesses have now been completed and recommended that the Commission provisionally adopt this ordinance at this time. He Indicated that final adoption of the ordinance should be considered in two weeks, if the attendant alley easement documents have been executed by that time. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1301, vacating that portion of the North Ida Avenue right-of-way lying north of East Mendenhall Street and south of the east/west alley to the north. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - information to be disseminated with. dog and cat licensing The City Manager stated that Commissioner Goehrung had requested this item be placed on the agenda. Commissioner Goehrung noted this is the second year of licensing under the new ordinance. He stated that last year's use of summer employees in a door-to-door canvass- ing of the community dramatically increased the number of dog licenses issued, noting he would like to see that level of compliance, or a higher level, attained this year. He stated that the number of dogs licensed more than doubled from the previous year to 1172, and 709 cats were licensed last year. He also noted that relationships with the Humane Society and Gallatin County have improved, possibly through contribution to the rabies vaccination program that was Implemented last year". Commissioner Goehrung noted that in visiting with the City employees at the licens- Ing counter, it appears that certain generic types of questions seem to arise on a regular basis. He then suggested that an information pamphlet providing a smattering of data concerning the various typical issues, such as licensing, fines, dogs at large, park and 02-05-90 ii\;. :')1'''' ~ , . , - 20 - cemetery regulations and nuisance animalsr cou.ld be beneficial. . City Manager Wysocki noted that 342 dogs and 176 cats were licensed as of this morning. He then indicated that a display ad has been placed in the newspaper to remind people that licenses are due by Februar'y 15; and Commissioner Goehrung's article in the newspaper has gained substantial response. Commissioner Frost stated support for the idea of an information pamphlet. He noted that the pamphlet should be made available In various public places, not just at City Hall. Discussion - FYI Items City Manager Wysocki, presented to the Commission the following "For Your Informa- tion II items. (1) A letter from Fire Marshal Figgins to Mr. Dave Jarrett concerning fire code violations at Cricket's. In response to a question from Commissioner Frost, the City Manager indicated that some immediate measures have been taken; and the owner has thirty days in which to de- velop a plan to bring the facility Into compliance. (2) A letter from the Forest Service announcing a Gallatin National Forest Public Forum to be held at 5:00 p.m. on Tuesday, February 6, at the Bozeman Public Library. (3) The City Manager submitted his weekly report as follows. (1) Three Fire Department personnel and one Building Inspector recently attended a fire sprinkling school. (2) The hot tub has been installed at the swim center and should be operational in two to three weeks. (3) Staff has been working diligently to address public input con- cerning the interim zoning ordinance. (4) Reminder of the TCC meeting scheduled for 10:00 a.m. on Thursday at the Library. Staff is preparing information for the North 19th Avenue interchange proposal. At the TCC meeting, a request will be submitted that the Highway Department provide information to assist Senator Baucus in his proposal to use demonstration project monies In this project. (5) Two recycling meetings were held on Wednesday at the Pilgrim Congregational Church. (6) A possible amended agreement has been reached concerning repair of the infiltration/percolation beds at the Waste Water Treatment Plant; and that agreement will be brought to the Commission for consideration when finalized. (7) The annual Chamber of Commerce meeting is scheduled for Thursday evening. (8) Police Chief George Tate had surgery this morning to remove a blockage from one of the valves previously replaced. No report on his condition has been obtained as of this time. (9) A minor subdivision for the new school site off Arnold Street is cur- rently being prepared. (10) Director of Public Service Forbes met with the the County Health Department regarding the solid waste long-range plan. (11) The DRC met last week to consider two projects. 02~05-90 .,""". w. . t\ ~ - 21 - (4) Commissioner Knapp asked if It would be beneficial to attend the Elected Of- ;. ficials Workshop being conducted by the Local Government Center. The City Manager responded it definitely would be. (5) Commissioner Swanson stated he attended the Tax Reform Coalition meeting held on Friday morning. He indicated his Intent to continue attending those meetings. (6) Commissioner Swanson asked about setting up a meeting with the Planning staff to discuss revisions to the interim zoning ordinance. Following discussion, the time was set for 4:00 p.m. on Friday afternoon, with all interested Commissioners to attend. (7) The City Manager distributed to the Commission copies of the proposed re- quest for proposals for a curbside recycling program. Commissioner Goehrung noted this Information is for Commission review, with the proposal to be placed on an upcoming agenda for discussion. (8) Mayor Hawks requested that the report on the land use seminar he and Com- missioner Swanson recently attended be placed on next Monday's agenda at approximately 4:15 or 4:30 p.m. (9) Mayor Hawks noted he had received a letter from Mr. Mike Lilly thanking the City and its officials for their recent meeting with Mr. Harry Grant. (10) Mayor Hawks stated he has been appointed to the Transportation and Com- munication Committee for the National League of Cities. He indicated his intent to serve on the committee, providing input from Montana in these areas through correspondence rather than through attendance at two national meetings. The City Manager suggested that State Department of Highways input could be very beneficial on this Item. Consent Items City Manager Wysockf presented to the Commission the following Consent Items. Authorization for use of annual leave - Clerk of the Commission Sullivan - February 15-28, 1990; appoint Mary Cain Lathrop as Acting Clerk of the Commission Claims It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission approve the Consent I tems as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Com- missioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Executive Session re litigation (continued) City Manager Wysocki reminded the Commission of the executive session held earlier in this meeting concerning the City's litigation with Three Rivers Disposal and Waste Man- 02-05-90 ---~-----~ -~-~- ----------- -- ------ -~--- --- ~~.,-~-~~,-~~- -~"----- ~_."~--~- --- .,. "':~ ~:'~"':"". ~ ~ ~, . - 22 - agement Partners of Bozeman. He then suggested the Commission may wish to take action . ~s a result of that session, authorizing the City's legal counsel to meet with the plaintiff's counsel concerning possible settlement of this litigation. I t was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission authorize and direct the City's legal counsel to meet with the plaintiff's counsel concerning possible settlement of the case. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Adjournment - 9:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- jou rned . 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. 02-05-90