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HomeMy WebLinkAbout1989-01-16 82 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 16, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Bui Iding, January 16, 1989, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Attorney I Becker and Clerk of the Commission Sullivan. City Manager Wysocki was absent due to illness. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes Mayor Stiff deferred approval of the minutes of the regular meetings of January 3 and January 9, 1989 until next week's meeting. Open Bids - fi re pumper truck This was the time and place set for opening of bids for a fire pumper truck. City Attor- ney Becker reminded the Commission that a special voted mill levy has been approved for this item. The affidavit of publication of the call for bids was presented. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. The following bids were then opened and read aloud: Base Bid Less Deducts Becker Fire Equipment Co. I Casper, Wyoming $148,896.00 $6,609.00 - Prepay full amount at time of order D & R Fire Equipment Co. Billings, Montana License No. 26673R $138,379.00 $3,454.00 - Chassis paid upon its completion $1,364.00 - If unit is paid for at time of pick-up at Pierce It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be referred to staff for review and a recommendation to be submitted in two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Petition for an interim zoning ordinance City Attorney Becker stated that some of the residents of Blocks 51 and 52 of the Nor- thern Pacific Addition have submitted a petition requesting that the City adopt an interim zoning ordinance for the M-1, Commercial--Light Manufacturing, District. He noted that included in the packets was' a memo from the Planning staff as well as a copy of Section 76-2-306, M.C.A. Planning Director Andy Epple stated that the residents of Block 52 of the Northern Pacif- ic Addition submitted the petition after recently finding their residential sites potentially im- pacted by a commercial use. He indicated that the petition requests that an interim zoning or- I dinance be adopted to ensure some protection for their area while the Planning staff reviews po- tential development of a mixed-use zoning designation to address this type of situation. The Planning Director stated that an interim zoning ordinance should not be implemented for one small area; however, he suggested that one to address all M-1 properties could appropriately be considered. He indicated the staff could prepare such an ordinance for Commission consider- ation, suggesting it could require that the conditional use process be followed for any commercial or industrial use proposed within 150 feet of existing residential uses. He suggested that through the conditional use review, items such as noise, dust, vibration, smoke or particulate 01-16-89 83 matter emitted, visual impact of the facility, hours of operation and traffic impacts could be addressed, thus minimizing the impact on those residential uses. The Planning Director stated that such an interim zoning ordinance would be in effect for a period of six months; and the Commission has the authority to extend it for another twelve months if it so desires. Commissioner Hawks stated support for the proposed interim zoning ordinance. Commissioner Vant Hull asked if the interim zoning ordinance would be different from a I permanent one. She then questioned why an interim ordinance should be adopted if a permanent one were to be the same. Planning Director Epple stated that an interim zoning ordinance may be provisionally adopted, with only a seven-day advertising period prior to public hearing. He further noted that the ordinance becomes effective immediately upon final passage. The Planning Director stat- ed that to adopt a permanent ordinance requires following the Zone Code Amendment process, which includes public hearings before the Zoning Commission and the City Commi ssion prior to adoption of an ordinance, which becomes effective thirty days after final adoption. He noted that the compressed timeframe for the interim ordinance provides more protection for the area under consideration. Commissioner Vant Hull asked if this proposed interim zoning ordinance could be expanded to include situations where hazardous materials may be stored in warehouses located in residen- tial areas, such as the Ice Pond Road area; the Planning Director indicated it could not. Commissioner Martel expressed concern about the proposed interim zoning ordinance. He stated that no urgency exists in this situation; therefore, he does not feel the interim zoning process can be followed. He further noted that the ten signatures on the petition are from a two-block area located in one M-1 zone but the proposed ordinance would affect all M-1 zoned properties within the ci ty limits. The Commissioner stated that the residential uses are non- conforming uses within the M-1 zone; but under the proposed ordinance, permitted M-1 uses would be required to follow the conditional use process. Planning Director Epple stated that not all M-1 zoned properties would be affected under I this proposed interim zoning ordinance. He noted that only those properties located within 150 feet of an established residential use would be required to follow the conditional use process. The Planning Director then indicated that a petition is not necessary to initiate this process; however, in this instance it was a good way to begin action. He noted that the Zoning Commis- sion, Planning Board and City Commission had previously directed the staff to prepare a multiple use district for the subject area; however, the staff has not yet done so. He stated this would move that process a long. Commissioner Martel suggested this interim ordinance could gut the existing zone code con- cerning M-1 districts. The Planning Director disagreed, noting that the conditional use process only provides for a higher degree of review for all applications but does not indicate that denial wi II follow. Commissioner Martel then questioned where the conflict arises--if it is between existing commercial uses and proposed uses in the zone or it if it is between the existing non-conforming residential uses and the permitted commercial and manufacturing uses. Commissioner Goehrung stated that performance standards have been discussed, noting that approach could possibly address the issue. He then indicated support for the proposed in- terim zoning, noting that the conditional use process will ensure protection of the existing areas. Commissioner Vant Hull stated a majority of the Commission has indicated concern for the health, safety and welfare of residents in the northeast sector of the community; and she feels an interim zoning ordinance should be implemented. She then cited the problems which have oc- curred on North Broadway Avenue, with an industrial use immediately across the street from resi- I dences. Mayor Stiff expressed concern about the 150-foot buffer proposed from any residential use. He noted that one residential use located in mid-block could cause any commercial or in- dustrial use in that entire block to go through the conditional use process, including expansion of existing uses. He then suggested that the distance cou Id be decreased to more appropriately address the situation. Planning Director Epple indicated he has no problem with reducing the number. He sug- gested that the language could be changed to address adjacent residential uses, thus minimizing the distance. He suggested another alternative may be a 50-foot distance. He then noted that 01-16-89 84 under existing practice, the distance is measured from the edge of the property. He indicated that a 150-foot distance could possibly be retained, with the distance being measured between the uses rather than the properties. Commissioner Martel once again expressed concern over the proposed interim zoning, indi- cating he feels it legally exposes the City. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission direct the staff to prepare an interim zoning ordinance for all M-1 zoning districts, I taking into consideration possible alternatives for establishing distances to minimize commercial impacts on existing residential uses, as well as the other considerations listed in the Planning staff's memo. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those vot- ing No being Commissioner Martel. Discussion - Petition from Dr. Black, et al re Southwood PUD parking City Attorney Becker stated that Dr. Black has submitted to the Commission a petition dated December 6, 1988, containing signatures of many of the owners, tenants and employees with- in the Southwood Planned Unit Development concerning the parking requirements for that develop- ment. Dr. Stephen Black, partial owner of one of the buildings, noted that his was the second building constructed in that development. He indicated that the existing Planned Unit Develop- ment was established after that building was constructed, to allow for further development of the site. He expressed concern that the parking requirements under the existing zone code are not adequate for the actual needs of the professional and commercial uses within the development. He noted that the parking around the first two buildings is usually ful', with people being re- quired to park further and further from their destinations. He indicated that as more buildings are constructed within the project, the less parking will be available. Dr. Black indicated that he recognizes that no action can be taken to address the situ- ation at the Southwood Planned Unit Development; however, he encouraged the Commission to ad- I dress the issue as soon as possible to avoid the problem in future developments. Dr. Black then questioned the requirement to provide landscaping in the parking lot. He noted that the landscape islands add to the costs of installing the parking area as well as cre- ating problems when removing snow and dramatically increasing the costs for that service. He suggested that landscape islands be eliminated, with more landscaping being required along the periphery of the parking area. Planner Dave Skelton stated that at the present time, Building No. S is being con- structed, Building No. 6 is being planned; and there will be a Building No.7 in the Southwood Planned Unit Development. He indicated that the off-street parking being provided will deter- mine the size of the seventh building; and the size of that structure has already been decreased from the proposed 6,500 square feet to 5,000 square feet due to the parking restrictions. He recognized the parking congestion around Plaza I and Plaza II ; however, he noted that under the code, parking for a commercial building may be located up to 400 feet away. Planner Skelton stated that under the conditional use permit for this development, 145 off- street parking spaces were to be provided. He stated the staff has carefully reviewed the de- velopment, noting that four compact parking stalls were eliminated, thus reducing the number of spaces to 141. He indicated that the staff will continue to monitor the project; and the size of the last building will continue to be adjusted as necessary. Planner Skelton then suggested that Dr. Black initiate a Zone Code Amendment to address the parking requirements if he so desires. He noted that would not affect the Southwood Plan- ned Unit Development but would address future developments. I Planner Dave Skelton then stated that at the present time, parking problems occur during peak hours. He also noted that people want to park at the front door of the office; however, the zone code only requires that parking be provided within 400 feet. He noted that the design of the parking lot at the Southwood Planned Unit Development could contribute to the parking problems around the first two bui Idings. Commissioner Vant Hull asked if more parking could be required under conditional use per- mits in the future. 01-16-89 85 Planner Skelton indicated that is a possibility, since more stringent requirements may be placed on approval of an application through the conditional use process if there is a legitimate reason to do so. Commissioner Martel asked if determining parking requirements based on square footage is the most equitable method or if another method might be better. Planner Skelton stated that a review of other zone codes in the state as well as in the I northwest revealed that they generally parallel Bozeman's. He then indicated that parking re- quirements should not be based on the use to be located in the structure, since uses tend to change through time. Commissioner Vant Hull asked if peripheral landscaping could be substituted for landscape islands upon review of a request. Planning Director Epple stated at the present time, such a request must follow the vari- ance procedure. He noted that under a planned unit development, that issue could be addressed during the review and approval process. He also suggested that to reduce the 400-foot range for parking within a PUD might be possible, providing a more compatible design for bui Idings and associated parking areas. Mr. Gary Tschache, owner of the Kagy Corner Store located in the Southwood Planned Unit Development, stated the parking congestion is not as bad around his business as it is around Dr. Black's; however, it will become more so with the additional development. He noted that the recent purchase of one of the buildings by a real estate firm with fourteen employees has added to the parking problems in the development. Mr. Tschache then noted that parking problems are not limited to the Southwood development, but can be found all over town. He then encouraged the City to seek a positive solution which will address the problem but not place too many demands on the developers. Mayor Stiff requested that the staff review this issue and submit proposed revisions to the Commission for consideration. I Break - 3:15 to 3:22 p.m. Mayor Stiff declared a break from 3:15 p.m. to 3:22 p.m., in accordance with Commission policy establ ished at their regular meeting of March 14, 1983. Request for permission to address Commission re handicapped parking stalls - Shirley Sedivy and Bi lIy Odneal Mayor Stiff stated that Mrs. Shirley Sedivy has requested permission to address the Com- mission concerning the handicapped parking stalls. Mrs. Shirley Sedivy reminded the Commission that she has been appointed as the City rep- resentative to the National Organization on Disability and stated that Mr. Odneal is the local representative for the Disabled American Veterans. Mrs. Sedivy stated that handicapped access to the downtown area has been particularly bad this winter, mainly because the snow has been piled along the edge of the sidewalk and the lift cannot be lowered to discharge a handicapped occupant. She noted this causes a handicapped individual to unload into the street, which can be dangerous to the individual as well as pedestrians and traffic in the area; and it also re- quires that a driver be involved in the process. She noted that for those who do not require a lift, they must unload on the driver's side, which can be equally dangerous. She suggested that the merchants could shovel the snow from the sidewalks into the street at the handicapped parking spaces; however, that is not allowed under the existing City ordinance. Mrs. Sedivy stated that the snow removal problem is coupled with lack of enforcement for the handicapped parking spaces. She stated that Thursday afternoon, five of the six handi- I capped stalls were occupied; and none of those vehicles had handicapped stickers. She noted that if the parking attendant is close, the problem is addressed upon complaint; however, she has called the Police Department at other times with no tickets being issued. Mayor Stiff expressed concern that the City is vulnerable when it ta kes only partia I measures on addressing handicapped parking. He noted at the present time, parking spaces have been designated, but they cannot be used by those who are handicapped. He noted that when on a lift , one cannot shovel the snow out from under the lift without overbalancing and tipping the wheelchair over. 01-16-89 86 Commissioner Hawks noted that people with mobil ity are at risk when attempting to get out of a car with the snow piled at the curb. He stated that to open the passenger's door is often difficult if not impossible; and once out of the vehicle, one must climb over the pile of ice and snow to reach the sidewalk. He suggested that the entire issue be addressed, not limiting it to the handicapped stalls only. Commissioner Martel stated that the State Highway Department maintains Main Street; and it is not a high priority roadway. He noted that having cars park away from the curb so the I doors can be opened has also presented a safety problem during the past week. He then sug- gested that the City may wish to negotiate with the Highway Department to maintain the street and be reimbursed for the costs incurred. Mayor Stiff noted another problem often incurred is that a veh icle is blocking only a portion of the handicapped parking stall. He stated that if the entire stall is not available, it usually cannot be used by a handicapped individual. Mrs. Sedivy concurred, noting that posts, poles and other obstructions can cause prob- lems in lowering a lift if one must park behind or ahead of the designated area. Mr. Billy Odneal distributed to the Commission copies of an article about use of volunteer handicapped parking enforcement agents. He noted those individuals patrol the handicapped parking stalls, taking pictures of violations. He stated that the Police Department then mails tickets to those violators. Mr. Odneal then stated that handicapped parking violations are not limited to the down- town area but also occur in various parking lots around the community, particularly at the gro- cery stores and the malls. He noted those violations are rarely ticketed, even when a telephone call has been placed to the Police Department. He reminded the Commission that the fine has been raised to $50; however, without enforcement that fine is not a deterrent for misuse of those parking spaces. Commissioner Vant Hull asked about the possibility of addressing this problem through the complaint process. City Attorney Becker reviewed the complaint process. He then expressed concern about I the self-help approach and having volunteers become involved in law enforcement because of the additional liability exposure to the City. Mayor Stiff concurred it would be better to use the enforcement system which is currently in place, but with a higher priority for these violations. Mr. AI Frost, City Judge, stated he has not seen any citizen's complaints for handicapped parking spaces; however, some may have simply been paid without any appearance. He then sug- gested that a picture, including the vehicle in violation and the license plate if possible, ac- company a complaint to provide a more substantial case if the ticket is contested. He noted that citizens are not trained observers and often miss critical points. Mr. Frost then stated that one of the defenses often used is that the individual did not see the sign. He suggested that to address that item, possibly an arrow could be painted on the sign designating the handicapped parking stall as well as a sign below it stating the $50 fine. He a I so noted that to paint the curb blue and/or paint the handicapped symbol on the street could also help to identify those stalls. Discussion with City Judge re City Court City Attorney Becker stated this item was placed on the agenda as a result of the Commis- sion's discussion during revision of the dog licensing fees. He reminded the Commission that under the ordinance adopted, on Iy the licensing fees were changed, with the penalty section not being addressed. He reviewed the existing ordinance, noting that it specifies that the maximum fine is $500 and allows the City Commission to set the minimum fine. I Mr. AI Frost, City Judge, indicated that his current fine schedule for "failure to licensell is based on the license fee. He stated that if the individual shows proof of purchase of a li- cense between the date of the citation and the date of appearance, he suspends a portion of the fine, assessing a $5 fine; but if the individual does not show proof of purchase, the entire fine is assessed. He noted that usually a "fai lure to vaccinate" citation accompanies the fai lure to license; and he follows the same procedure for that violation. City Judge Frost then reviewed the fine schedule for the IIdog at largell violation, noting it is a sliding scale, the first violation being $10, the second being $25, the third being $50, 01-16-89 87 etc. He stated that he does not suspend the smaller amounts; however, he may suspend a por~ tion of the larger fines, depending on the circumstances. Commissioner Vant Hull asked Judge Frost if he sentences individuals to work at the Hu- mane Society as a part of their fines. Judge Frost stated that he cannot do that due to the liability situation. He stated that the Salvation Army is the only place to which he can routinely sentence individuals to do com- I munity service. He noted that upon occasion, individuals may be sentenced to wash police cars or clean the parks. Commissioner Hawks asked Judge Frost if he foresees any problems in enforcing the cat licensing provisions of the new ordinance. Judge Frost stated it will be difficult to enforce that portion of the ordinance, par- ticularly if the cat is not wearing its tag. He noted that cats are often not reclaimed at the Humane Society; and proving ownership may be difficult. Commissioner Martel questioned the judicial economy of suspending $20 of a $25 fine. Judge Frost responded that the policy must first be determined. He noted that if the purpose is to generate revenue, then it is not. He stated that if the purpose is to license ani- mals and ensure their vaccinations, then his procedure is appropriate. He then noted that ani- mals are a sensitive subject in his courtroom. The Judge then noted that law school does not teach one to become a judge. He encour- aged the Commission to provide feedback to help him make the City Court a better court. The Commission thanked Judge Frost for his attendance at this meeting. Recommendation from Audit Committee re audit contract for upcoming years City Attorney Becker submitted to the Commission a memo from Vern Voegele, Chairman of the Audit Committee, dated January 13, 1989. He noted that the Audit Committee is recommend- ing that the City retain Peat Marwick Main and Company for an additional two years, with the understanding that the final audit report be submitted to the Commission not later than Novem- I ber 30. He stated that attached to the memo is the proposal from Peat Marwick in the amount of $41,500 for Fiscal Year 1989 and $43,000 for Fiscal Year 1990. Mayor Stiff noted that the current contract allows for this two-year extension. He stated, however, that after this two-year period, the audit must once again be rebid. Commissioner Hawks stated that the proposed increase is approximately $1,500 over last year, which is approximately a 3-percent increase. Commissioner Vant Hull indicated she will support the Committee's recommendation; how- ever, she feels a local firm should be retained in the future if possible. Mayor Stiff stated he concurs with that concept; howeve r , he does not feel anyone firm in Bozeman has the manpower to accomplish an audit of the City. He further noted that during the last competitive process, the bid from a Bozeman firm was the highest one received. The Mayor then noted that even though this is a Big 8 firm, the office is located in Billings; and most of those working on the audit are graduates of Montana State University. Commissioner Hawks noted that the credentials offered by a Big 8 firm are important, par- ticularly with the existing Valley Unit Subdivision situation, as well as continued receipt of the Certificates of Conformance from GFOA. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commis- sion accept the recommendation from the Audit Committee to renew the audit contract with Peat Marwick Main and Company for an additional two years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull , Commis- sioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. I Schedule for setting of goals, 1989 Mayor Stiff asked the Commission to address two questions: (1) how much staff involve- ment does the Commission want; and (2 ) when should the goal setting be done. He noted that last year, the goals were set in early May, suggesting that this year the Commission could pos- sibly move that to early Apri I. He also noted that last year the staff provided orientation sessions because there were two new Commissioners. He indicated that since all Commissioners have served for at least one year, historically no orientation would be provided by staff. 01-16-89 88 Commissioner Hawks expressed an interest in establishing goals as soon as possible for the upcoming fiscal year so the staff has time to prepare to meet those goals, particularly during the budgeting process. Commissioner Goehrung suggested that the Commission receive updates from the staff con- cerning the various departments prior to establishing the goals. The Commission briefly discussed that proposal, concurring such information could be beneficial. They then requested that those updates be scheduled into the Commission meetings I held in February, with the Clerk of the Commission having a schedule of those updates avai lable for Commissioners interested in on-site visitations prior to or following the updates. The Commission then discussed the time for setting of goals. They concurred that sched- uling of a time to discuss and promote their individual interests could be beneficial prior to entering into the formal goal-setting process. They then set Wednesday, Apri I 5, as the date for the discussion retreat, beginning in the afternoon and possibly continuing into the evening. The actual goal-setting process will then be conducted on Saturday, April 8, with a facilitator being present. Recess - 5:05 p.m. Mayor Stiff recessed the meeting at 5:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7 :00 p.m. for the purpose of conducting the sched- uled public hearings. Continued Public Hearin - Commission Resolution No. 2730 - intent to annex two tracts in the L ection 11, T2S, R5E, MPM, totallin 23.52 acres (north of U.S. 191, west of Main Mall east of Valley Unit ubdivision) This was the time and place set for the continued public hearing on Commission Resolution I No. 2730, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2730 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIG- UOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIB- ED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO IN- CLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stiff opened the continued public hearing. Planner Ron Brey presented the staff report. He reminded the Commission that this Reso- lution states the City's intent to annex two tracts of land located in the south one-half of the southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Merid- ian, totalling 23.52 acres. The subject property is more commonly located north of U. S. 191 , west of Main Mall and east of Valley Unit Subdivision. Planner Brey reminded the Commission that approximately one year ago, the State of Mon- tana declared the southern five acres of its tract as surplus property; and the Department of Fish, Wi Idlife and Parks inquired about the process for annexation and rezoning of that property prior to sa Ie. He noted that in July 1988, the Planning Board recommended a Master Plan Amend- ment to establish land use designations on the subject property; and the County Commission and City Commission approved that Amendment in August 1988. He noted that applications for annex- ation and a Zone Map Change have been processed simultaneously since that time; and both public hearings are being conducted this evening. I Planner Ron Brey stated that one of the major staff concerns is access to the subject site, and the impact that development of the site may have on U. S. Highway 191. He indicated that at the present time, there are two accesses and one joint access to the site; and the High- way Department has stated its intent to allow two accesses to the site. Planner Brey stated that during review of the application, the staff found a 33-foot strip of unannexed land between the subject parcel and the Valley Unit Subdivision; and that strip has been included in this Resolution of intent to annex. He indicated that inclusion of that 33- foot strip does create a small island of unannexed land adjacent to West Babcock Street, prob- 01-16-89 89 ably less than two acres in size. He then noted that no protests to the annexation of either parcel have been received to date. Planner Brey stated the Director of Public Service has indicated a desire to realign the extension of Fowler Lane to center on the section line, rather than being totally located on the west side of the section line. He then addressed the proposed items to be included in the annexation agreements for the subject parcels. He stated the staff has recommended that the I water rights, or payment in lieu, for the five-acre tract be required prior to annexation rather than at the time of development to avoid the potential of forgetting that requirement when a building permit is requested. Mr. Paul Kinshella, Sanderson /Stewa rt/ Gaston Engineering and Surveying, indicated the firm is representing the Department of Fish, Wi Idlife and Parks. He stated the applicant is in general agreement with the staff report; however, the applicant would request that the water rights for the five-acre parcel be paid at the time of development per the Commission's existing policy for annexations containing ten acres or more. Commissioner Vant Hull asked if the owner of the small parcel of land which will remain unannexed has been approached about being included in this annexation. Planner Brey indicated the owner has not been contacted. He noted that at the time of the Valley Unit Annexation, the owner was approached about the possibility of being included; and he indicated that he did not want to be annexed. He then stated that if the pending legis- lation concerning annexation is approved, the City will be able to annex that parcel as a wholly surrounded parcel. Commissioner Vant Hull expressed concern about creating a wholly surrounded parcel, not- ing that is in conflict with the City's policy. Planner Ron Brey stated that staff carefully reviewed that issue, determining that bene- fits of annexing the two properties strongly outweigh the negatives of creating a wholly sur- rounded parcel. Mayor Stiff asked about the area where the ponds are currently located, and whether any I steps should be taken to ensure that the fishing ponds remain and are maintained. Planner Brey stated the Director of Public Service has requested that it be stipulated in the annexation agreement that the Department of Fish, Wi Idlife and Parks will continue to operate and maintain the ponds. No one was present to speak in opposition to the proposed annexation. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commis- sion waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull , Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize and direct the staff to proceed with the annexation process for the subject two parcels. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Ma rtel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Continued Public Hearing - Zone Map Change - AS to PLI and B-2 - Montana Department of Fish, Wildlife & Parks - 21-acre parcel in the Sf, SWi, Section 11, T2S, R5E, MPM (site of former FWP office building and the fish ponds) This was the time and place set for the continued public hearing on a Zone Map Change requested by the State of Montana Department of Fish, Wi Idl ife and Parks to change the zoning designation from AS, Agricultural Suburban, to PLI, Public Lands and Institutions, and B-2, I Community Highway Business, on a 21-acre parcel located in the south one-half of the southwest one-quarter of Section 11 , Township 2 South, Range 5 East, Montana Principal Meridian. The site is more commonly known as the former Fish, Wildlife and Parks office building and the fish ponds. Mayor Stiff opened the continued public hearing. Planner Ron Brey presented the staff report. He indicated this is the same parcel as the larger one contained in the public hearing on the intent to annex, which was just completed. He briefly reviewed the surrounding land uses, noting that business, agricultural and residential 01-16-89 90 uses are located in the area. He reminded the Commission that in July 1988 they approved a Mas- ter Plan Amendment to establish a land use designation of Public Lands and Institutions for the northern sixteen acres and General Highway Commercial for the southern five acres of this tract. He noted that the proposed zone change is in compliance with those Master Plan land use desig- nations. Planner Brey stated the staff's major concern is access to the subject site. He also noted that staff is concerned about extension of strip commercial development along this entryway to I the community. He indicated that as a result of those concerns, the staff recommends that a "T" be added to the B-2 zoning designation, with the full-blown hearing process to be followed and with the following standards: Because this District is located along a major arterial with access and congestion concerns; is located in an area of environmental concern due to its proximity to the Bozeman Ponds fishing access site; and because the district is located along a major entryway into the community, the following standards shall apply: 1. All development proposals which alone or taken cumulatively in conjunction with prior development in this district, increase trip generation over existing levels (per ITE Trip Generation, current edition) by 15 percent or more shall submit a traffic impact analysis which contains at a minimum an evaluation of the following: A. Trip generation - daily and peak hour B. Directional distribution C. Trip assignment D. Capacity analysis of affected facilities E. Access control F. Pedestrian/cyclist/handicapped access G. Signal warrant study H. Coordination of internal circulation with adjacent parcels This analysis will be reviewed and approved by the planning staff, the Di- rector of Public Service, police and fire departments, and the Montana De- pa rtment of Highways. These agencies shall determine appropriate mitigation measures for the development to be implemented by the developer at the de- veloper1s expense. 2. All development shall use central publ ic sanitary sewer collection sys- tems. I 3. All parking and loading facilities shall be screened from U.S. Highway 191 per the requirements of section 18.62.120(B). 4. Should development occur prior to adoption of a comprehensive sign code, signage shall be limited to one free-standing sign per street frontage which does not exceed the height limitation of the underlying zoning district. No flashing lights or lights which vary in intensity nor signs which vary in visible moving parts shall be permitted. The Planner stated that following its public hearing on this application, the Zoning Com- mission recommended denial of the request and encouraged the applicant to seek a PLI zone for the entire parcel. Mr. Paul Kinshella, Sanderson/Stewart/Gaston Engineering and Surveying, indicated his firm represents the applicant. He noted that under the B-2 zoning, a wide variety of uses could be located on the subject property; and those uses would have varying traffic impacts. He stated that he has discussed the proposed addition of a "T" to the proposed B-2 zoning with the applicant; and the applicant has agreed to that addition. He also noted there is a possibility that the five-acre parcel will be subdivided prior to development. He then encouraged the Com- mission to require a 25-foot setback from Huffine Lane (U. S. Highway 191), no matter what the orientation of the building might be, as well as a 10-foot setback from the sixteen-acre parcel on which the fish ponds are located. He noted this will provide an additional buffering for the high- way as well as the park setting of the ponds. Mr. LeRoy Ellig, Department of Fish, Wildlife and Parks, stated the Department acquired I the property in 1954 and built its offices in 1955. He noted that new offices were recently com- pleted; and the five-acre parcel upon which the old office was located has been declared sur- plus. He stated the State has determined that it would not be appropriate to make the entire 21 acres into a park area, particularly with the current funding situation. He noted the Depart- ment will continue to operate the fishing ponds, since that is a low-ma i ntena nce activity and a rea. Mr. Ellig suggested that at the time people begin to request a full-blown City park in that area, the Department may approach the City about assuming responsibility for operation and maintenance of the site. 01-16-89 91 Mr. Ellig stated that to rezone the southern five acres to B-2-T and sell that property will place it on the tax rolls. He also suggested that the City could take whatever steps are necessary to ensure that a quality development is constructed along one of the City's entryways. He then encouraged the Commission to approve this requested zone change. Commissioner Hawks asked if there is any type of overlay zoning for entryways to ensure adequate setbacks and a pleasing entry to the community. I Planner Brey stated that no overlay zoning has been done. He then noted under the ex- isting zoning regulations, a 25-foot setback is required along all arterials; and a minimum of 75 percent of that area must be landscaped. Commissioner Martel asked if signalization might be required for development on the sub- ject five-acre parcel. Planner Ron Brey stated that at the present time, signalization is warranted at the in- tersection of West Main Street and West College Street; however, the super-elevation of the curve at that location would make stopping for a traffic signal hazardous. He noted that de- velopment on the subject tract may be required to participate in signalization at the corner of Fowler Lane and U. S. Highway 191. Mayor Stiff asked if it would be possible under the proposed "TII overlay to require that bui Idings on the subject parcel be oriented toward the north, so that the fronts of the struc- tures may ta ke advantage of the view across the ponds and the Bridgers. He noted that to change the orientation of those structures could provide an aesthetically pleasing development as well as provide a natural ending to commercial development along the highway. Planner Brey indicated that could be one of the criteria listed under the liT" overlay for this subject parcel. Commissioner Vant Hull asked if height restrictions should be considered. She noted that the building height is limited to 32 feet under the B-2 zoning; however, due to the peculiarities of measuring that height, if a roof is steeply pitched, the building may actually be up to ten feet higher. Following a brief discussion, the Commissioners concurred that criteria would not I be necessary. Commissioner Hawks asked if the State Highway Department has firmly established the num- ber of accesses which will be allowed to the subject properties, or if that number might be re- vised in the future. Planner Ron Brey stated that the State Highway Department reviews each application prior to making its final decision. He noted that they attempt to maintain the same number of accesses between mile markers; however, that may vary slightly with the varying uses. He also noted that construction of Fowler Lane could affect the number of accesses allowed to U.S. Highway 191. Commissioner Vant Hull asked why the restroom facilities at the fishing pond access are not required to hook onto the City's water and sewer services as a part of this annexation pro- cess. Planner Brey stated those facilities are currently operating properly. He noted that at such time as they do not, City services wi II be required. Mr. Michael Delaney, owner of the property immediately to the west of the subject site, stated support for the application for rezoning, with the addition of the IITII on the B-2 zoning. He noted that the addition of the "TII is consistent with other zoning in that area and allows the Commission an opportunity to carefully review proposed development to ensure quality along the entryways. He noted that the landscaping, buffering, signage and orientation of the bui Idings are important elements to be considered, noting that in some communities, he has seen other ele- ments such as color and roof lines addressed as well. I Mr. Delaney stated he feels it is important to protect the natural beauty of the fishing ponds, while utilizing that area as an asset to the development. He then indicated an interest in possibly expanding the park area by developing a park area in the Valley Unit Subdivision ad- jacent to the fishing ponds. He noted that to construct Fowler Lane along the section line would make that proposal difficult if not impossible and suggested possible realignment of that roadway to the west, possibly as a curvilinear facility. He also noted that a linear park could be de- veloped through the subdivision to provide pedestrian access to the site. He noted that Ferguson Road has been partially constructed on a 100-foot right-of-way and encouraged the Com- mission to carefully consider that entire area prior to requiring that Fowler Lane be constructed as a part of development of the five-acre parcel. 01-16-89 92 Planner Ron Brey stated that Fowler Lane has been identified as a collector in the traffic plan. He noted that traffic impacts from development in that area must be considered in determining needed roadways. No one was present to speak in opposition to the requested zone map change. Mayor Stiff asked if the applicant is in agreement with the addition of the orientation criteria to the proposed "T" overlay on the B-2 zoning; the applicant indicated agreement. Mayor Stiff closed the public hearing. I It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commis- sion waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commis- sion approve the Zone Map Change from AS, Agricultural Suburban, to P LI , Public Lands and Institutions, and B-2-T, Community Highway Business with a Transitional Overlay, on a 21-acre parcel located in the south one-half of the southwest one-quarter of Section 11 , Township 2 South, Range 5 East, Montana Principal Meridian, subject to the following review criteria: Because this District is located along a major arterial with access and congestion concerns; is located in an area of environmental concern due to its proximity to the Bozeman Ponds fishing access site; and because the district is located along a major entryway into the community, the following standards shall apply: 1. All development proposals which alone or taken cumulatively in conjunction with prior development in this district, increase trip generation over existing levels (per ITE Trip Generation, current edition) by 15 percent or more shall submit a traffic impact analysis which contains at a minimum an evaluation of the following: A. Trip generation - dai Iy and peak hour B. Directional distribution C. Trip assignment D. Capacity analysis of affected facilities E. Access control F. Pedestrian/cyclist/handicapped access G. Signal warrant study H. Coordination of internal circulation with adjacent parcels I This analysis wHI be reviewed and approved by the planning staff, the Director of Public Service, police and fire departments, and the Montana Department of High- ways. These agencies shall determine appropriate mitigation measures for the de- velopment to be implemented by the developer at the developer's expense. 2. All development shall use central public sanitary sewer collection systems. 3. All parking and loading facilities shall be screened from U.S. Highway 191 per the requirements of section 18.62.120(B). 4. All buildings shall be oriented to the north, with the minimum setbacks be- ing 25 feet from U.S. Highway 191 and 10 feet from the northern property line. 5. Should development occur prior to adoption of a comprehensive sign code, signage shall be limited to one free-standing sign per street frontage which does not exceed the height limitation of the underlying zoning district. No flashing lights or lights which vary in intensity nor signs which vary in visible moving parts shall be permitted. 6. All development shall be submitted to overlay zoning review, if such pro- visions are in place at the time of development. 7. The full-blown conditional use process must be' followed, with all required publ ic hearings being held on the application and no option for in-house review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. B rea k - 8: 20 to 8: 2 5 p. m . I Mayor Stiff declared a break from 8:20 p.m. to 8:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - Park Ordinance - Recreation Advisory Board Ms. Amanda Cater, former Chairman of the Recreation Advisory Board, stated the Board has been working on this ordinance for the past two years, with this being the final of many drafts. She indicated that the Board has attempted to prepare a simple, concise ordinance which addresses all possible concerns. 01-16-89 93 Commissioner Vant Hull stated she feels this ordinance could apply to the cemetery as well as parks. She then suggested that the "and cemeteries" be added throughout the ordinance. City Attorney Becker stated he feels the Cemetery Board should be involved in the pro- cess before making that addition. He suggested that this ordinance, as revised following this meeting, could be forwarded to the Cemetery Board for their review and input. Mayor Stiff asked if use of the cemetery shouldn't be more restrictive than the use of I parks. Ms. Cater expressed concern that to submit this to the Cemetery Board to consider pos- sible inclusion of the cemetery in the ordinance could result in more lengthy discussions and a delay in possible adoption. Commissioner Hawks suggested the Commission could adopt this ordinance referring to parks only. He noted that if the Cemetery Board indicates support for this type of ordinance, a similar one could be adopted for cemeteries. Mr. Bill Murdock, member of the Recreation Advisory Board, stated he feels the Cemetery Board should be given an adequate opportunity to review the ordinance. He expressed concern that to consider adding cemeteries at this time may not give them that opportunity. The Commissioners then reviewed the proposed ordinance, working from the beginning to the end. Commissioner Hawks expressed concern about the provisions of Section 3, Number 3. He noted that under that section, any changes, major or minor, may be made in a park with the ap- proval of the Director of Public Service; and the Commission has no oversight of those changes. He cited the stockpiling and removal of dirt in Langohr Park as an example. Recreation Superintendent Sue Harkin stated there are no ordinances which prohibit people from dumping in the parks. Commissioner Goehrung asked about allowing people to perform community services in the parks, such as the Boy Scouts planting trees for Arbor Day. City Attorney Becker indicated that such activities could be approved by the Director of I Public Service, with final approval by the City Commission. He stated that could be incor- porated under Section 3, No.3. Commissioner Martel noted that under Section 3, No. 9, glass containers are prohibited, and stated he feels that such a prohibition is not practical. The Commission recognized the problems that broken glass can cause in a park. Following a lengthy discussion, the Commission concurred that this item should be revi sed to indicate that individuals responsible for not picking up their broken glass will be prosecuted. They further concurred that the provisions contained in this ordinance should be listed, and possibly printed on the back of the application to use the park. They also recognized that a good educational program will be important for ac- ceptance of the new regulations. Commissioner Vant Hull suggested that the wording of Section 3, No. 12, be slightly re- vised; and that revision was accepted. Commissioner Vant Hull then asked if No. 13 isn't covered under No. 10. The City At- torney concurred, noting he feels No. 13 could be el iminated. Commissioner Hawks questioned night closure of the parks, as contained in Section 6, No. 3. He noted some people enjoy quietly sitting in the park at night; and he does not feel it is appropriate to prohibit that activity. City Attorney Becker indicated that provision was placed in the ordinance to ensure pub- lic safety. Following discussion, including problems such as lights and noise, the Commissioners con- curred that the night closure should be retained; however, the hours should be revised to close I the park between the hours of 11 :00 p.m. and 5 : 00 a. m . They further recognized that this does not prohibit people from walking through a park but does prohibit them remaining there. Commissioner Vant Hull expressed concern that the existing ordinances to be repealed con- tain a provision which prohibits operating motorcycles or snowmobi les in parks or cemeteries. She noted that without the cemetery being included in this ordinance, that could cause problems. Recreation Director Harkin stated that no reference to consumption of alcoholic beverages is addressed in this ordinance. She noted that the Board spent one evening discussing this is- sue and finally concurred that the ordinance should remain silent. 01-16-89 94 City Attorney Becker reminded the Commission that another section of the Bozeman Munici- pal Code addresses open containers. The Commission thanked the Recreation Advisory Board for their preparation of this or- dinance. City Attorney Becker indicated he will make the revisions set forth as a result of this discussion and wi II submit the revised ordinance to the Commission in two or three weeks for con- sideration. I Schedule for setting of goals, 1989 (continued) Commissioner Goehrung reviewed the information he has concerning the group nominal pro- cess. He then suggested that the Commissioners may wish to adjust the schedule or begin the process earlier to avoid some of the problems which can be incurred if the process is not fol- lowed. Following a brief discussion, the Commissioners concurred that this issue should be dis- cussed with the facilitator to determine what approach would be most beneficial. Discussion - FYI Items City Attorney Becker submitted to the Commission the following "For Your Information" items. ( 1 ) The City Attorney indicated that one of the bills currently before the State Leg- islature would require that cities over 5,000 population located in counties over 75,000 population operate a municipal court. He noted that a municipal court is a court of record; and the court must be in session from 9:00 a.m. to 4:00 p.m. daily. He cautioned that this type of bill could have a future impact on Bozeman. (2) A letter from the Home Builders. Association concerning a recent increase in build- ing permit fees. Clerk of the Commission Sullivan stated that the City Manager will meet with the President of that organization and the Planning Director to discuss this issue. I Commissioner Ma rtel requested that an update be provided to the Commission following that meeting. (3) A reminder that next week's meeting will begin at 1: 00 p. m. because of the joint meeting with the County Commissioners, which is scheduled for 3: 00 p.m. (4 ) Agenda for the Chamber of Commerce Governmental Affairs Committee meeting, which was held at noon today. Commissioner Martel indicated that he attended that meeting. (5) The City Attorney reminded the Commission of Local Government Day, which is to be held on January 20 in Helena. Commissioner Vant Hull asked the Commissioners if they would be interested in having lunch with local government officia Is from Missoula on Friday, since they share many of the same concerns as Bozeman. Those Commissioners attending indicated an interest in that proposal and asked Commissioner Vant Hull to pursue arrangements. (6) Mayor Stiff noted that Senator Eck is carrying a bill for the City concerning an- nexation of properties containing ten acres or less. He stated that a copy of the letter from the City to her was placed in the Commissioners. mailboxes as an "FY I". (7) Mayor Stiff indicated he has received a letter concerning the Governor.s Con- ference on Disaster Preparedness. He stated he is unable to attend; however, Commissioner Hawks will attend if possible. (8) Mayor Stiff noted that he has received a brochure from the National League of Cities for a meeting regarding financing of local infrastructure. He stated the information could I be valuable; however, the conference is too far away to be practical. Commissioner Hawks stated he ordered a book on the subject when he was at the NLC Con- gress of Cities in Boston. (9) Commissioner Vant Hull asked if anyone is attending the awards program for Reac h , Inc.; the Mayor indicated he is. (10) Commissioner Goehrung stated that a second meeting of the Greens People, con- cerning solid waste and recycling, is to be held shortly. He indicated he wi II submit a report of the first two meetings at the January 30 meeting. 01-16-89 95 Consent Items City Attorney Becker presented to the Commission the following Consent Items. Application for Gaming License - Molly Brown, 703 West Babcock Street - one video draw poker machine - through June 30, 1989 (will total five poker machines) Application for Gaming License - The Sundance, 120 North 19th Avenue - one electronic keno machine - through June 30, 1989 (will total two electronic keno machines) I Application for temporary Beer License - Bozeman Lion's Club, Inc. - Mon- tana Winter Fair, January 28 thru February 4, 1989 at Gallatin Coun- ty Fairgrounds Appl ication for renewal of Kennel License - Dorothy Kenck, 1317 West Alderson Street - Calendar Year 1989 Request for ermission to conduct arade - Museum of the Rockies, Grand pening kick-off - aturday, April 1, 1989 - merson chool up South Willson, west on Kagy to new Museum parking lot It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks and Mayor Stiff; those voting No, none. Adjournment - 9:52 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commi ssioner Ma rtel , Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 01-16-89