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HomeMy WebLinkAbout1987-11-02 453 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 2, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 2, 1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Martel, Commissioner Stiff, 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. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of October 26, 1987 be approved 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 Ordinance No. 1249, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, VACATING AND ABANDONING A 3-FOOT WIDE BY 42.63-FOOT LONG POR- TION OF THE RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF NORTH WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST BEALL STREET IN I THE CITY OF BOZEMAN, MONTANA, PRESERVING PUBLIC EASEMENTS. The City Manager reminded the Commissioners that they had conducted the public hearing on this requested vacation at their regular meeting held on October 19, 1987. He noted that the Commissioners had directed the staff to prepare the ordinance of vacation after the public hear- ing had been completed. He then recommended the Commission provisionally adopt Ordinance No. 1249, with final action on the ordinance to be taken at the time other necessary steps are com- pleted in conjunction with filing of the revised plat for this site. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion provisionally adopt Ordinance No. 1249, vacating and abandoning a 3-foot wide by 42.63- foot long portion of the right-of-way located along the east side of North Willson Avenue between West Lamme Street and West Beall Street in the City of Bozeman, Montana, with final action to be taken upon completion of the other necessary steps in the overall process. 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. Ordinance No. 1250 - vacating the alley in Block 111, Northern Pacific Addition City Manager Wysocki presented Ordinance No. 1250, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, VACATING AND ABANDONING THE ALLEY IN BLOCK 111 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONTANA. The City Manager reminded the Commissioners that they had held the public hearing on this requested vacation during their regular meeting held on October 19, 1987. He noted that following the public hearing, the Commission directed the staff to prepare the ordinance neces- sary for vacation of the subject alley. He then recommended that the Commission provisionally adopt Ordinance No. 1250, and that it be brought back in two weeks for final adoption. Commissioner Vant Hull indicated that she will vote against adoption of this ordinance be- cause the City has not yet implemented a fee structure for vacations of public rights-of-way. 11-02-87 451,1. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Ordinance No. 1250, vacating and abandoning the alley in Block 111 of the Northern Pacific Addition, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Com- missioner Vant Hull. I City Manager Wysocki presented Commission Resolution No. 2683, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2683 The City Manager stated that the City Attorney has reviewed this Resolution. He noted that the memo from Bob Worthington, Insurance Coordinator for the Montana Municipal Insurance Authority, explains the need for adoption of this Resolution as well as execution of the Agree- ment of Assumption and the Compensation Risk Retention Program Agreement. He then reminded the Commissioners that they had approved execution of these documents under the League's I nsur- ance Trust. He noted that the State Workers' Compensation Division has not accepted those docu- ments as valid under the MMIA; therefore, they must be re-adopted under the MMIA. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission adopt Commission Resolution No. 2683, authorizing the City's participation in the MMIA's Workers' Compensation Program, and authorize the appropriate official to sign the Agreement of Assumption and the Compensation Risk Retention Program Agreement. 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. Appointment to Historic Preservation Advisory Commission I City Manager Wysocki reminded the Commissioners that the position for a Main Street rep- resentative is currently open on the Historic Preservation Advisory Commission. He noted that one individual who meets the requirements for this position has applied. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commis- sion appoint James Nave to replace Joan Kelley as the Main Street representative on the Historic Preservation Advisory Commission, with a term to expire on June 30, 1988. 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 City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the Billings Code concerning discontinuances and vacations of public rights-of-way. Commissioner Vant Hull noted that the code refers to an appl ication fee, noting she feels one should be implemented because of the staff time involved in the review of such requests. She also suggested that the Commission discuss this item. Mayor Mathre requested that this be placed on the agenda for discussion as soon as pos- sible. (2) A copy of the agenda for the Montana Highway Commission meeting, which is to be held in Helena on November 6, 1987. I (3) A memo from the Clerk of the Commission indicating that a vacancy does exist on CDBG Loan Review Committee, and requesting authorization to advertise for that vacancy as well as other vacancies which will occur at the end of the calendar year. The Commission authorized the Clerk to advertise for vacancies on the various boards. (4) A copy of the "thank you" advertisement placed in the newspaper by Schnee1s Boot Works. (5) A letter from Mr. Robert Abbott concerning the inability of property owners to vote in City elections if they do not reside within the city limits. 11-02-87 l,55 (6) The City Manager notified the Commissioners of a meeting to be held at 5: 30 p.m. in Room 275 of the Student Union Building for the purpose of signing contracts with Wally Byam representatives for their 1989 meeting here. He noted that the Commission1s evening session could create conflicts with this meeting. (7) The City Manager announced that public hearings will be held at 7:00 p.m. on No- vember 10 and November 17 for the purpose of accepting applications for Community Development I Block Grant economic development monies. He noted these public hearings are being held jointly by the City and the County. He indicated that a different procedure is being followed this time, with applications to be reviewed by the Human Resource Development Council and the Gal- latin Development Council to determine which one would appear to be most acceptable in the State program. He noted that this procedure should help to develop the best application possible. The City Manager indicated that a future agenda item may be to authorize the Loan Re- view Committee to serve as the recommending body for selection of an application to be submitted for the Community Development Block Grant program. Commissioner Martel suggested that the Senior Corps of Retired Executives (SCORE) could possibly help to review the applications or to help the applicants develop their applications. (8) City Manager Wysocki stated that Mayor Mathre executed two subordination agree- ments last week. He noted that information on those two agreements is available in the Clerk of the Commissionls office for Commissioner review. (9) Commissioner Vant Hull noted that an article in the Three Forks Herald indicates that the formation of a cemetery district is listed on the ballot on Tuesday. (10) Commissioner Vant Hull stated that a recent copy of the High Country News pub- lished in Paonia, Colorado, has articles concerning sewage plants and various problems they are having. She asked if any of the Commissioners wished to look at that newspaper. The Commissioners requested that the newspaper be routed through their mailboxes. ( 11 ) Mayor Mathre suggested that agendas and packets be sent to the new Commis- sioners following tomorrowls election. I (12 ) Commissioner Vant Hull suggested that an orientation session be set up for the new Commissioners. She noted that if planning is started now, those sessions can begin in Jan- uary after the new Commissioners are seated. Mayor Mathre requested that Commissioners submit any suggestions to the City Manager so that he may coordinate the orientation sessions. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Authorize City Manager to sign - Gallatin County Mutual Fire Protective Assistance Contract Authorize City Manager to sign - Change Order No.3 for SID 651 - add $5,594.52; add five calendar days to contract period - Hig Sky Paving Claims Company It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Consent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. 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. Recess - 2:35 p.m. Mayor Mathre recessed the meeting at 2:35 p.m., to reconvene at 7:00 p.m. for the pur- I pose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the sched- uled public hearings. 11-02-87 45C Public hearinq - Zone Code Amendment - City-County Planninq Staff - amend Sections 18.04 and 1 B. 20. 020 of the -S-ozeman MUnicipal Code to provide adeTrnltion Tor relocatIOn of eXlstrnq srnqle- family structures and to allow relocation of srngle-family structures as a permitted use in the R-3 zoning district This was the time and place set for the public hearing on the Zone Code Amendment re- quested by the City-County Planning Staff to amend Chapters 18.04 and 18.20 of the Bozeman Municipal Code to provide a definition for relocation of single-family structures and to allow the relocation of single-family structures as a permitted use in the R-3, Residential--Medium-density, I District. Mayor Mathre opened the public hearing. Community Developmentl Zoning Specialist Dave Skelton presented the Staff Report. He noted that the current Zone Code does not provide for the relocation of single-family residences as a permitted or a conditional use within any zoning district. The Planner stated that the relocation of an existing single-family residence would be in- appropriate in an R-1, Residential--Single-family--Low-density, or an R-2, Residential--Single- family--Medium-density District, where only new stick-built houses are allowed. He noted, how- ever, that in the R-3, Residential--Medium-density District more flexibility for development is allowed under the Zone Code. He noted that at the present time, single-fami Iy structures, multi- fami Iy structures, mobi Ie homes on permanent foundations, and churches are permitted uses with- in that district. Planner Skelton noted that attached to the staff report is a memo from Building Official Glen Edsall dated August 28, 1987. He stated in that memo, the Building Official indicates that an oversight caused this item not to be addressed during adoption of the new Zone Code in 1973. He further noted that in a 1971 court case, Judge Lessley determined that used dwellings would be permitted in the R-3 district if they are compatible with the neighborhood. The Planner stated that approval of this Zone Code Amendment would allow greater flexi- bility for development within the R-3 district without increasing density. He then indicated that the Zoning Commission unanimously concurred in the staff's recommendation for approval of this Zone Code Amendment. I Planner Skelton stated that Commissioner Vant Hull had previously submitted to the Com- mission a memo expressing concerns about a specific application. He then submitted to the Com- missioners a section of the Bozeman Municipal Code which requires that a moving permit be ac- quired before a structure is relocated. He noted that health and safety items may be addressed through this mechanism prior to relocation of a specific structure. Commissioner Martel asked why relocated structures would not be allowed in the R-1 and R-2 zoning districts. Planner Skelton stated that the R-1 and R-2 districts are limited to single-family resi- dences. He noted that the R-3 district provides much more flexibility for development, including multi-fami Iy structures. The Planner indicated that the relocation of structures would not gen- erally be appropriate in the R-1 and R-2 districts, where new stick built homes are located. Commissioner Martel noted that in the past few years, two commercial structures have been relocated. He then asked why the relocation of a commercial structure from one commercial district to another is not addressed under this Zone Code Amendment. The Planner indicated that this Zone Code Amendment has been submitted for action as the result of a recent application for a Conditional Use Permit. He noted that the relocation of commercial structures can be addressed at a later time if the Commission wishes. Mr. Don McLaughlin, 322 South 7th Avenue, raised some questions about the proposed Zone Code Amendment. He posted a map of the city, showing all of the R-3 zoned areas. He then noted that probably 25 to 30 percent of those areas are also encompassed by the historic districts which have been approved by the State and have been submitted for national approval. I He indicated in those areas, specific criteria have been established; however, the remainder of the R-3 zoning districts would not fall under those criteria. Mr. McLaughl in noted that his home was relocated from Church Avenue to its present site in the late 1920's. He indicated that it probably received opposition at that time; however, to- day many people believe it is one of the oldest structures around Cooper Park. He stated that he feels several items should be taken into consideration when relocating a single-family resi- dence, including the character of the neighborhood. Commissioner Jordan suggested that allowing the relocation of single-family structures as 11-02-87 .45 (' a conditional use rather than a permitted use in the R-3 district might be more appropriate. Mayor Mathre asked if the City Attorney has had an opportunity to address the possible development of review criteria as a result of the Zoning Commission meeting. Planner Skelton stated that after the staff reviewed various approaches for development of specific review criteria for relocation of single-family structures as a permitted use, it became obvious that with the current zoning regulations such action could open up a process best avoid- I ed at this time. He noted that to allow the relocation as a permitted or as a conditional use would be the best option to follow. Zoning Administrator Ron Brey noted that after considering the Kurland-Blevins minor planned unit development in which two single-family structures were relocated to a single site, the Zoning Commission directed the Planning staff to prepare a Zone Code Amendment to allow the relocation as a permitted use in the R-3 District. Mayor Mathre closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission 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, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. City Manager Wysocki asked Planner Skelton if the Zoning Commission had discussed the development of review criteria if the relocation of single-family structures is allowed as a per- mitted use in the R-3 district. The Planner indicated they did not. The City Manager then recommended that the Commission refer this Zone Code Amendment back to the Zoning Commission with a request that they consider the development of review cri- teria. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Com- mission refer the Zone Code Amendment to allow the relocation of single-family structures as a permitted use in the R-3 zone back to the Zoning Commission for further review and possible de- velopment of review criteria. The motion carried by the following Aye and No vote: those voting I Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. The Commission directed the Clerk of the Commission to send the Zoning Commission a memo outlining the Commissionls specific concerns for their consideration. - Home Leasin , Inc. - adjacent to and south 0 nterstate This was the time and place set for the public hearing on the Zone Map Change requested by J. W. Tschache for Home Leasing, Inc., from AS, Agricultural Suburban, to R-MH, Residential-- Mobile Home, on a 41. 398-acre parcel located in the southeast one-quarter of Section 26, Town- ship 1 South, Range 5 East, Montana Principal Meridian. The site is more commonly located ad- jacent to and south of Interstate 90 at the east end of Westlake Road. City Manager Wysocki noted that just prior to this afternoonls session, the Commissioners received a letter from SandersonlStewartlGaston Engineering, I nc., representing Home Leasing, Inc., requesting that this application be tabled indefinitely. The City Manager suggested that since the request for tabling was received very late, and a number of people have come to this meeting, the Commission should possibly open the public hearing, listen to the staff report and then listen to those in attendance. He noted the public hearing could then be continued, since the applicant has submitted his request. Commissioner Jordan expressed concern about the process, noting that if this item is I tabled for any length of time, two of the Commissioners will be new; and the entire application process should be started over. He noted if the hearing is tabled' for a long time, the testimony received tonight will be irrelevant. Mayor Mathre opened the public hearing. Ron Brey, Zoning Administrator, presented the Staff Report. He stated that the staff has reviewed this application and found it is in compliance with the Master Plan land use desig- nation of low-density residential. He noted that the subject property is located along the main sewer trunk line running to the Waste Water Treatment Plant and lies within the sewer service district. He indicated that central water and sewer services would be required for urban den- 11-02-87 45G sity development of the tract; and a traffic circulation system which would be easily integrated into future city development would be required. Planner Brey stated that following its public hearing on this Zone Map Change, the Zon- ing Commission unanimously recommended denial, because it would not be in character with the adjacent agricultural area and does not encourage appropriate use of the land. Zoning Administrator Ron Brey noted that after he was informed that Mr. Tschachels rep- resentative had submitted the request that this application be tabled indefinitely, he notified the I spokesperson for the opposition; and most of those individuals are not present at this meeting. Mayor Mathre noted that she has never considered mobile homes as a low-density resi- dential development. Planner Brey stated that, based on the 5,000 to 6,000-square-foot minimum lot size for a mobile home court or a mobile home subdivision, and with set-asides for parkland and streets, the density is seven units per acre, which is considered low-density residential development under the zoning regulations. He then indicated that the current zoning regulations do not pro- hibit mobile homes which do not meet HUD standards, noting that many pre-1976 mobile homes do not meet these standards. Mrs. Peggy Westlake Schaplow, 9481 Nash Road, stated her fami Iy currently farms prop- erty adjacent to the subject site. She indicated that she and her sister, Lucille Westlake Peter, are in opposition to the proposed Zone Map Change and requested that this item be denied. Mr. Glenn Vogel, 2016 Bridger Drive, stated he is an heir to the James J. Walker estate. He indicated that he represents himself, his wife, two sisters who reside out of state, a niece who lives out of state and a cousin who lives out of state. He stated there are no plans for de- velopment of the Wal ker estate. He indicated opposition because the proposed development is completely out of character with uses on adjacent properties; however, he will hold his comments until a later meeting. Mr. Dan Kilbride, 2849 Westwood Drive, Billings, Montana, stated he is the personal rep- resentative of the James J. Walker estate. He then indicated support for Mr. Vogel's comments and stated he will address this issue at a later meeting. I Mr. Terry Schaplow, 707 South Grand Avenue, stated that he is opposed to the requested Zone Map Change. He also expressed concern about the procedural aspect of this public hear- ing, asking if the neighbors will be notified before the next public hearing date. He requested that they be given as much notice as possible to prepare for that meeting. Mrs. Cecelia Vaniman, 5020 Westlake Road, indicated that she is opposed to the Zone Map Change; however, she will withhold her comments until a meeting when the applicant is present. She then submitted to the Commission a map of all adjacent property owners and requested that each of them be sent a notice of the next meeting. Mrs. Vaniman noted that several concerns were raised at the Zoning Commission meeting and urged the Commissioners to carefully review those minutes. Mayor Mathre continued the public hearing to December 7, 1987. Adjournment - 8:23 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 I ATTEST: Clerk of the Commission 11-02-87