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HomeMy WebLinkAbout1987-03-02 101. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 2, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 2,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the minutes of their regular meeting of February 23, 1987, as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. City Manager Wysocki presented to the Commission, Change Order No. 3 for SI D No. 649, for sewer and water improvements being installed by Johnston Excavating, Inc., in Annie Subdivision. He noted this change order does not change the contract price but does change the contract time to 110 days in order to comply with the bid schedule. He then recommended that the Commission authorize him to sign this change order. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission authorize the City Manager to sign Change Order No. 3 for SI D No. 649. The motion carried I by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Approval of loans for Community Development Block Grant Program, as recommended by the Loan Review Committee City Manager Wysocki presented to the Commission a memorandum from Mike Money, Community Development/Zoning Administrator, requesting the approval of loans for the Community Develop- ment Block Grant Program as recommended by the Loan Review Committee. The City Manager recommended that the Commission approve these loans, Commissioner Stiff indicated that he will abstain from voting upon these applications because he did not have an opportunity to review the information prior to the meeting. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission approve the loans for the Community Development Block Grant Program as recommended by the Loan Review Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Commissioner Stiff abstained. Selection of audit firm for FY 1987 and FY 1988 City Manager Wysocki presented to the Commission a memorandum from Vern Voegele, Chairman of the Audit Committee, recommending the selection of Peat, Marwick and Mitchell, Inc., Billings, to conduct the audits for Fiscal Years 1987 and 1988. He then recommended that I the Commission concur in that recommendation. Commissioner Vant Hull stated support for selection of a Montana firm, but indicated she would like to see a Bozeman firm selected if possible. Commissioner Stiff stated that Peat, Marwick and Mitchell was selected unanimously through a weighted evaluation process. He then indicated that of the seven proposals received, the single Bozeman proposal contained the highest price. The Commissioner then noted that Peat, Marwick and Mitchell is a Big 8 firm, with national name recognition. He further noted that the Billings office does employ several certified public accountants who graduated from Montana 03-02-87 102 State University. HE: stated that the amounts containe:d in the proposal are lower than the past two years' audits. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion select Peat, Marwick and Mitchell, Inc., Billings, Montana, to conduct the audits for Fiscal . The motion carried by the following Aye and No vote: those voting Aye Years 1987 and 1988. being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I Ordinance No. 1231 - amending Section 10.20.020 of the Bozeman Municipal Code to provide f2!:. one-way alley deslgnatio!:!_ (alley lying between West Main _Street and West Babcock Street running from South Ninth Avenue to South Eighth Avenue1 City Manager Wysocki presented Ordinance No. 1231, as prepared by the City Attorney, entitled: ORDINANCE NO. 1231 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 10.20.020 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR ONE-WAY STREET DESIGNATIONS IN THE CITY OF BOZErvlAN. The City Manager reminded the Commission they had provisionally adopted this Ordinance at their February 17, 1987, meeting, He then recommended that the Commission finally adopt Ordinance No. 1231, designating the alley running behind the Lewis and Clark Motel as a one-way alley. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1231, amending Section 10.20.020 of the Bozeman Municipal Code to include the subject alley. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FYI items I City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from the Director of Finance and a copy of the specifications for the City's repu rchase ag reement for the period April 1, 1987 throug h Apri I 1, 1988. The City Manager noted that these specifications have been mailed to the five banks located within the city limits. Commissioner Vant Hull indicated interest in sending these specifications to other banks in the county as well. Following discussion and a brief review of the State Statutes, the Commission determined that the repurchase agreement should be awarded to an in-city bank unless an out-of-city bank has submitted a proposal so substantially higher that the associated increase in interest revenues would be a definite benefit to the City that should not be overlooked. (2 ) A copy of the call for bids for two police cars. (3 ) A copy of the call for bids for a four-wheel drive pickup for the Waste Water Treatment Plant. (4) A letter of complaint from Mr. Paul Furtak, 2928 West Babcock Street, regarding cattle kept across the road from his residence. The City Manager indicated that he has discussed this matter with Building Official Glen Edsall, who indicates that the use has existed for many years. He noted the subject site is located outside the city limits, with a portion of the property lying in the jurisdictional area and a portion lying in County Zoning District No.1. (5) A memo from Mayor Mathre regarding the possibility of conducting a community-wide goal-setting exercise again this year, along with a list of the current goals as established by I the City Commission. The Mayor suggested this item be placed on next week's agenda for discussion. B rea k - 2: 32 to 2: 37 p. m . Mayor Mathre declared a break from 2:32 p.m, to 2:37 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 03-02-87 103 Discussion (continued) - FYI Items (6) The City Manager stated that committee hearings will be held at 8:00 a.m, on Wednesday concerning the resort tax bill and various hotel/motel tax bills. He indicated that he plans to attend those hearings and encouraged any interested Commissioners to also attend. (7) Commissioner Martel noted that, in their mailboxes, the Commissioners have received copies of the Attorney General's opinion dated October 19, 1933, indicating that cities operating I under the Commission-Manager form of government are not required to comply with the Municipal Budget Act. He then asked if that opinion is still valid. The City Attorney stated that his review has shown that the Attorney General's Office cannot find any opinions to change that opinion, and the State Statutes have not changed sub- stantially, so this opinion is still valid. Executive Session - re personnel Mayor Mathre cited Section 2-3-203 (2), Montana Code Annotated, which states "Provided, however, the presiding officer of any meeting may close the meeting during the time the discussion relates to a matter of individual privacy and then if and only if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion per- tains and, in that event, the meeting shall be open." She then noted that the purpose of this agenda item is to review the evaluations of the City Manager and asked him if he wished to waive his right of privacy. The City Manager stated he does not wish to waive his right. The Mayor then declared an executive session at 2: 45 p. m., and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker and the Clerk leave the room. Mayor Mathre reconvened the meeting at 4: 45 p. m. Recess - 4:45 p.m. Mayor Mathre declared a recess at 4:45 p.m., to reconvene at 7:00 p.m., in order to I conduct the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m, in order to conduct the scheduled public hearings. - list "Vehicle and Boat Sales" as a Conditional Use in This was the time and place set for the public hearing on the Zone Code Amendment requested by Dick Walter Motors for Robert and Barbara Abbott to list "Vehicle and Boat Sales" as a Conditional Use in the B-3, Central Business, District and to define same. Mayor Mathre opened the public hearing. Community Development/ Zoning Specialist Dave Skelton presented the Staff Report. He stated that if this Zone Code Amendment is approved, the applicant plans to seek a Conditional Use Permit to allow expansion of his business. He noted at the present time, the business is a nonconforming use and, therefore, cannot be expanded. The Assistant Planner noted that "vehicle and boat sales" is currently listed as a permitted use in the B-2, Community Highway Business, District; and the definition proposed in this Amendment would apply to both zones. Mr. Skelton indicated that the conditional use process would allow for public input as well as staff review, providing an opportunity to address any impacts on adjacent districts or properties. He noted at the present time, there are eleven vehicle sales businesses, nine of I which are located along major arterials. Specialist Skelton stated that the Zoning Commission has reviewed this Zone Code Amendment and recommended approval. Commissioner Jordan asked if the loading and unloading of cars on the public street during regular business hours will be addressed. Dave Skelton stated that the Zoning Commission had expressed the same concerns. He indicated that one of the items to be carefully reviewed under the Conditional Use Permit process is the impact on vehicular systems in the area. 03-02-87 10 It f\lo one was present to speak in support of or in opposition to the proposed Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commis- sioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. I It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the Zone Code Amendment to amend Section 18.52.140 of the Bozeman Municipal Code, to allow vehicle and boat sales as a conditional use in the B-3, Central Business, District; and to add Section 18.04.048, defining "vehicle and boat sales." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Public hearing - Conditional Use Permit - Cliff Renner for Gordo~g!adwohl - allow existi~ structure to be enlarged and occupied by a photo coPY bliSiness - 702 West Main ~tre.t This was the time and place set for the public hearing on the Conditional Use Permit requested by Cliff Renner for Gordon Gradwohl to allow the existing structure at 702 West Main Street to be enlarged and occupied by a photo copy business. Mayor Mathre opened the publiC hearing. Community Development/Zoning Administrator Mike Money presented the Staff Report. He stated that the subject property is located at the southw8st corner of the intersection of West Main Street and South Seventh Avenue, and was originally constructed as an Arctic Circle Drive-In. He indicated the use of that building has changed several times, with the last being a photo printing shop; however, the building has now been vacant for more than ninety days. Mr. Money stated that the subject lot does lend itself to conformance with zoning requirements, since 54 percent of the lot is involved in setbacks. He noted that the applicant I has requested variances before the Board of Adjustment to allow encroachment along the eastern side yard setback, parking along the northern front yard setback, backing into the public alley from the parking stalls along the southern lot line, and to allow a sign in the front yard setback on the existing electrical base; and the Board approved those variances. He noted that under this proposal, the building will be expanded sixteen feet to the east and eight feet to the north; and the site will become the new location for Kwik Kopy, which i's currently located at 626 West Main Street. He further noted that some of the pavement wi II be removed; and land- scaping will be installed. Mike Money stated that the Zoning Commission reviewed this application and concurred in the Planning Staff's recommendation for approval, subject to five conditions. Mr. Cliff Renner, applicant, stated that he is willing to accept all of the conditions as recommended by the Zoning Commission. He then indicated a desire to begin work on this project as soon as possible. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission waive the customary one-week waiting interval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No. none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by Cliff Renner for Gordon Gradwohl to allow the I existing structure at 702 West Main Street to be en larged and occupied by a photo copy business, subject to the conditions as recommended by the Zoning Commission as follows: 1. That the final site plans contain the following information and that it be reviewed and approved by the City Engineer prior to final site plan approval: a. Curbing and drainage detail for the interior parking areas; b. Plans and specifications for removing both approaches (the approach onto West Main Street and the southernmost approach onto South Seventh Avenue). 03-02-87 105 2. That the final site plans provide the needed landscaping information required in Section 18.62.120 "Design Standards - Screening," 18.62.130 "Design Standards - Landscaping," and 18.62.180 "Construction Specifications," and that it be approved by the Zoning Administrator prior to the submittal of the final site plans. 3. That the property be limited to using one sign, and that its height be limited to that of the B-2 District, 32 feet. I 4. That a method of security equal to one and one-half (1 i) times the cost of the on-site improvements for improvements not currently installed be submitted to the City of Bozeman prior to final site plan approval. 5. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the appl icant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Permit requested by Stephen Forte' to allow two additional signs on the structure at 1811 West Koch Street, as well as an 8-foot by 6-foot internally lighted sign at the corner of South 19th Avenue and West Koch Street, and a 6-foot by 6-foot sign at the southeast corner of the property. I Mayor Mathre opened the public hearing. Community Development! Zoning Specialist Dave Skelton presented the Staff Report. He stated this application was continued before the Zoning Commission at their December 1986 meeting to allow Dr. Forte' an opportunity to work with the Planning Staff to develop a compromise on his request for additional signs, including an illuminated sign, He reminded the Commission that in September 1986, they denied an application to allow an illuminated sign (which had already been installed) on the subject parcel. Mr. Skelton stated that when the original Conditional Use Permit for this building was approved, only one sign was approved; and a second sign, to be located at the southwest corner of the property, was approved later in-house. He stated that the applicant wishes to replace the sign at the southwest corner of the property with a six-foot by eight-foot internally lighted sign. The applicant further wishes to use parts of the existing sign at the southwest corner and incorporate them into the existing directory sign at the southeast corner. He wou Id then install two signs approximately 14 inches wide and 12 feet long on the building (using parts of the existing signs), one on the south side and one on the west side. Dave Skelton stated that the Planning Staff originally recommended denial of the requested Conditional Use Permit; however, after discussions with the applicant and modification of the proposal, they submitted a memo to the Zoning Commission recommending approval, subject to five conditions. He then indicated that, following the public hearing, the Zoning Commission recommended denial of the application for the Conditional Use Permit. He noted that recommenda- tion was based on concerns that the proposed signs do not meet the intent of the residential I zoning, particularly any type of internally lighted sign. Dr. Stephen Forte' stated he did not realize when he went through the original Conditional Use Permit process that signage was a part of that process; and he had not totally addressed that portion of the project. He stated that after he had constructed and moved into the building, he recognized the need for signs to identify the building as well as the businesses located there. Dr. Forte' stated that he feels the original signs did not adequately identify the building; therefore, he purchased the illuminated sign without realizing that the conditional use procedure must still be followed. 03-02-87 lOG Dr. Forte' then noted that under the subject proposal, the new signs would be smaller than the existing signs; and he feels they would be compatible with the residential atmosphere of the area. He noted that the internally lighted sign would be very dim, with the background being dark green and the letters being ivory; and the wooden sign would be ground-lighted. He further stated that the conditions recommended for approval include hours when the sign could be ligh~d. The doctor then stated that he feels the proposal before the Commission would allow him to utilize existing signs in a manner that would more adequately identify his I faci I ity whi Ie not adversely impacting the neighborhood. Commissioner Vant Hull asked If the subject site is considered a professional office or a business use. Planning Director Steve Lere stated it is classified as a medical office, which is the only type of office or business allowed in a residential district; and it is allowed only through the conditional use process. Commissioner Jordan asked if the sign located at the southwest corner of the property is legal, noting it is currently ground-lighted. Planning Director Lere stated that during the original review and approval, no type of ground lighting was allowed, noting that if an item is not addressed, it is not permitted. Mr. Scott Heck stated he owns the property adjacent to the north and east sides of the subject parcel. He indicated that he did not favor the original illuminated sign installed along South 19th Avenue, which the Commission denied last fall, because he did not feel it was appropriate for the area. He noted, however, that the revised sign is attractive; and he indicated support for approval of this Conditional Use Permit. Mr. Heck stated that he feels there should be room for change in a Conditional Use Permit, since things don't always remain the same. He noted that the applicant sees a need for additional signing of this project; and he feels the City should consider that. He then reminded the Commission that the property just across West Koch Street is zoned R-O; and ground-lighted signs are allowed in that zone. He then urged the Commission to give favorable consideration to this request. I Mr. John Nehring, 301 South 19th Avenue, stated that he feels the proposed signs will accomplish Dr. Forte's goal and would be compatible with the neighborhood. He then encouraged Commission approval of the Conditional Use Permit. Mr. Ken LeClair stated he will begin construction of an office complex on the property just across West Koch Street from the subject site. He then stated that he is opposed to lighted signs and would like to maintain the integrity of the area through ground-lighted signs only if lighting is to be utilized. Mayor Mathre stated the Commission has received a letter of opposition from Mrs. Mary Ellerd, 1611 West Koch Street. In her letter, Mrs. Ellerd notes that the area is not zoned commercial; and a lighted sign would be inappropriate and unprofessional. Mr. John Nehring stated he supports a mix of commercial and residential in a community; and he feels they can be compatible. Dr. Forte' encouraged the Commission to approve his request, indicating that if they feel an illuminated sign is not appropriate, he would be willing to use the sign without any lighting. He also suggested that reduced hours of lighting might alleviate some of the concerns. The doctor then cited the lighted sign at the Church of the Nazarene, which is located just across South 19th Avenue from his property. Planning Director Lere reminded the Commission that the sign just cited was installed prior to adoption of the current Zone Code and, therefore, is a nonconforming use. Mr. Ken LeClair stated that he agrees a business needs adequate signs; and a lighted sign might be beneficial. He indicated he feels that a ground-lighted sign would provide I quality to the project; but he is definitely opposed to an internally lighted sign. Community Development/Zoning Administrator Mike Money stated that he has met with Dr. Forte' to work on a compromise for signing of the project in an attempt to finally resolve this situation. He noted that two signs have been previously approved for the subject site. Mr. Money then stated that the meeting with the applicant resulted in developing five conditions for approval; however, the Zoning Commission did not feel that the internally lighted sign was appropriate, even with the conditions. 03-02-87 101 Dr. Forte' stated that the sign has been constructed for internal illumination; however, he would be willing to install the sign with ground lighting if the Commission approves it with that condition. Mayor Mathre asked about the propriety of ground-lighted signs in an R-3 District. Mr. Money stated that medical offices are allowed in a residential area because they are not considered to substantially impact the area. He then noted that the staff report suggests I that if advertising is critical for this business, possibly it is not appropriate in the residential zone. He then stated that the appropriateness of ground-lighted signs in the R-3 District has not been discussed. Commissioner Stiff expressed concern that the applicant is trying to salvage something from an investment he should not have made. He further expressed concern that the structure is currently signed in a manner other than that which was approved because he is using ground lighting. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week. Adjournment - 8:13 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none, JUDITH A. MATHRE, Mayor ATTEST: I Clerk of the Commission I 03-02-87