Loading...
HomeMy WebLinkAbout1987-12-07 L~ 89 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 7, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, December 7,1987, at 2:00 p.m. Present were Mayor Mathre, 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. Mi nutes It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the minutes of the regular meeting of November 30, 1987 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - possible replacement of Commissioner Jordan on the Commission Mayor Mathre noted that during last week's Commission meeting, Commissioner Jordan ver- bally submitted his resignation, followed by a written resignation, to be effective December 4, 1987. She noted the Commission must now determine whether it wishes to fill the vacancy or al- low it to remain until the new Commission is seated on January 4, 1988. The Mayor then stated that the voters have helped in the selection process by electing two new Commissioners, sug- gesting the Commissioners may wish to appoint one of those individuals. Commissioner Martel stated he does not feel it is necessary to fill the vacancy, since only three meetings remain after this one before the new Commissioners are seated. He noted that I Commissioner-Elect Bob Hawks received the highest number of votes, however, his schedule does not allow him to serve at this time; and he feels that to appoint Commissioner-Elect James Goehrung could inadvertently flaw the selection process. Commissioner Vant Hull stated that Commissioner-Elect Hawks has indicated he would be pleased to have Commissioner-Elect Goehrung seated. She then noted that the voters have se- lected those they wish to have serve on the Commission; and she feels they also want to have five Commissioners serving. She indicated support for seating Commissioner-Elect Goehrung at this time, noting she sees no reason to postpone that process unti I January. Commissioner Stiff stated he has discussed this matter with both Commissioner-Elect Hawks and Commissioner-Elect Goehrung. He then indicated that subsequent to those discus- sions, he met with City Attorney Becker. He noted that the Commission has been working on items such as the business license ordinance for an extended period of time; and the Commis- sioners-Elect have not been involved in that entire process. He further cited such items as the City Manager's evaluation and salary ordinance, noting those are items of unfinished business which will be concluded prior to the end of the year. Commissioner Stiff stated that since the Commission has these items to deal with and since appointment of a fifth member is not manda- tory at this time, he would prefer to seat the new Commissioners in January. City Attorney Becker stated that the Supreme Court has determined that once a Commis- sioner has been appointed, he has all the duties and rights of that office. Mayor Mathre reminded the Commissioners that one of them will be absent from next I week's meeting; however, the Commission can conduct its business with only three present. Commissioner Stiff stated that he feels to appoint a Commissioner at this time would be to place that individual on the spot, which he does not feel that is necessary. Commissioner Martel noted that Commissioner Jordan submitted his resignation at last weekls meeting; and it became effective prior to this week's meeting. He then indicated that with the suddenness of that resignation and with the fact that the position need not be filled prior to seating of the new Commissioners, he feels there is no reason to take action at this time. It was moved by Commissioner Vant Hull that the Commission appoint Commissioner-Elect 12-07-87 4~U James Goehrung to fill the vacancy created by Commissioner Dennis Jordanls resignation for the remainder of the term, which expires on January 4, 1988. Mayor Mathre yielded the gavel to Mayor Pro Tempore Stiff and seconded the motion. Commissioner Mathre noted that the Commissioners may find themselves in situations sim- ilar to this for the remainder of the year if a fifth Commissioner is not appointed. She then stated that if Commissioner-Elect Goehrung is seated, he cannot be deprived of his right to vote on any issue; however, he does have the right to determine whether to vote or not. I City Attorney Becker indicated that he does have concerns about a Commissioner voting on an issue for which he had not been participating in the public hearing process prior to be- coming a Commissioner. Commissioner Mathre noted that whenever the new Commissioners are seated, the same prob- lems will be incurred due to carry-over business. She indicated that she does not feel there is any difference between seating Commissioner-Elect Goehrung now or waiting until the new term starts in January. Mayor Pro Tempore Stiff stated he feels there is a definite difference and, therefore, does not support filling of the vacancy at this time. The vote on the motion to appoint Commissioner-Elect Goehrung was then taken; and the motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Mathre; those voting No being Commissioner Martel and Mayor Pro Tempore Stiff. Mayor Pro Tempore Stiff then returned the gavel to Mayor Mathre. Ordinance No. 1251 - revising Chapter 5 of the Bozeman Municipal Code re business licenses City Manager Wysocki presented Ordinance No. 1251, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, AMENDING ORDINANCE 1117 AND 1123 AS CODIFIED IN TITLE 5 OF THE BOZEMAN MUNICIPAL CODE, OF THE CITY OF BOZEMAN, MONTANA. The City Manager submitted to the Commission a copy of Ordinance No. 1251, as amend- ed. He then submitted two proposed amendments, dated December 7, 1987, for Commission consid- eration. He then noted the Commissioners have received letters from Tom Simkins, Simkins- Hallin Lumber Co.; Mary Lou Schlegel, attorney representing Frank Schledorn; Dennis Cattin, Gallatin Valley Furniture; Duncan MacNab, F-11 Photographic Supplies; Owenhouse Ace Hard- ware; and Richard Ogle, Kenyon Noble Lumber Co., expressing opposition to various portions of the ordinance. He also indicated the staff has prepared a tabulation of costs involved in con- ducting a half-hour fire inspection as well as building inspection and plan review activities. Administrative Services Director Gamradt reviewed the proposed amendments to the ordi- nance. He noted the first would revise Section 5.06.010 to eliminate the Group I, II, III and IV categories and would base license fees strictly on the square footage of the business. He noted this change would eliminate the need for a minimum and maximum license fee, as well as elimi- nating discretionary group determinations by the staff. The Administrative Services Director then indicated that the fee schedule contained in the ordinance is projected to generate an ad- ditional $16,000, while the fee schedule in the amendment would probably generate an additional $10,000 in I icense fees. The Administrative Services Director then indicated that the second proposed amendment would affect Section 5.20.040 (B) by deleting the phrase lIunder an MRC license. II Commissioner Martel asked if the staff has done a rough calculation of the number of busi- I nesses which would fall into each of the square footage categories. Administrative Services Director Gamradt stated the staff has completed a rough calcu- lation and reviewed those numbers. He noted that the majority of businesses within the city fall into the first three categories, which are the smaller square footages. Commissioner Stiff noted he has heard a lot of comment from the cottage industry about those proposed license fees. He stated that the City of Missoula implemented this type of fee and found that it created many problems with enforcement and neighborhood complaints. He fur- ther indicated that he has heard of such businesses generating as little as $50 per month and as 12-07-87 48J much as $5,000 per month. Mayor Mathre noted that in previous discussions, it was pointed out that not all of the floor space in some larger structures is used for retail purposes and asked how that has been addressed. The Administrative Services Director stated that the definition for square footage includes all of the area within the exterior walls of the structure, including basements. He noted that I the staff considered limiting the square footage strictly to office or retai I space; however, he indicated strange results occurred. He noted the new definition is much more restrictive than the one contained in the previous ordinance. Commissioner Vant Hull stated support for the proposed amendment to base license fees on the square footage, noting it is more equitable and objective. She noted this change indicates the City's responsiveness to public input during the public hearing. Commissioner Martel stated he feels the proposed amendment is beneficial. He noted, how- ever, that different types of businesses requiring varying amounts of city services can be lo- cated within the same size structure; and there is no differential for that impact. Commissioner Stiff noted the staff has done a good job responding to the Commission's di- rection to submit a more equitable and fair method of licensing businesses. He stated that he feels this is the first step toward correcting problems in the entire business license ordinance; and suggested that the Commission also take a second step by establishing a committee of busi- ness community representatives and City representatives to review the entire ordinance. Mr. Walt Connell, attorney representing Karst Stage and City Transfer and Storage, asked if the public will have an opportunity to address the amendments which have been pro- posed by staff. He then indicated if the public is not given an opportunity, he wishes to regis- ter an objection. City Attorney Becker stated that the amendments just submitted to the Commission have not yet been considered by the public. He then indicated that these amendments have just been submitted for Commission consideration, not for a decision. He noted if the Commission wishes, I it can deal with the ordinance as it has been submitted and subsequently consider the proposed amendments or it may wish to defer action on adoption of the ordinance until after it has ac- cepted public input on the proposed amendments. Mayor Mathre stated the discussion at this time is limited to the Commission; and if they wish to consider additional public input, it must be done at a future meeting. B rea k - 2: 55 to 3: 1 5 p. m . Mayor Mathre declared a break from 2:55 p.m. to 3:15 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Ordinance No. 1251 (continued) - revising Chapter 5 of the Bozeman Municipal Code re business licenses Mayor Mathre asked the Commission what type of action they wish to take at this time. City Manager Wysocki stated that the proposed amendments submitted to the Commission are the result of public input during the public hearings. The City Attorney indicated that, since the proposed amendments were not addressed dur- ing the public hearing, it would be more fair to allow public comment before possible incorpora- tion into the ordinance. Commissioner Martel noted that the Commissioners have received comment on several sec- tions of the ordinance. He then asked if the public hearing were reopened if it would be limited to the proposed amendments only or if the entire ordinance would be under consideration. I City Attorney Becker stated that only Ordinance No. 1251, not all of Title 5, has been opened for public comment. He noted if the Commission wishes, it could limit additional public input to the proposed amendment only. Mayor Mathre expressed concern about restricting the public hearing to only one section of the ordinance. She then asked the Commissioners if they wish to continue operating under the existing license ordinance, consider adoption of Ordinance No. 1251 as is, or consider amending Ordinance No. 1251 after conducting another public hearing. Commissioner Vant Hull asked the City Manager which would be the best alternative from an administrative standpoint. 12-07-87 492 City Manager Wysocki stated the staff would be more comfortable with Ordinance No. 1251 as it has been submitted for todayls consideration than with the existing ordinance. Commissioner Stiff stated he feels it would be better to conduct a public hearing on the proposed amendments, possibly incorporating those amendments into Ordinance No. 1251 prior to final adoption. He indicated that he feels it would be better for the business community to have only one revision to deal with rather than two at this time. City Manager Wysocki suggested the Commissioners could conduct another public hearing I on December 21, making its decision on that date or on December 28. He then reminded the Com- missioners that licenses are due by February 15 and suggested that they extend that date for 1988 only, with licenses being due on February 28, since the ordinance will not become effective unti I the end of January. Commissioner Martel stated he feels it would be better to appoint a committee to review the entire ordinance, taking action only after that process has been completed rather than trying to correct only small areas at this time. City Manager Wysocki recommended that the Commission provisionally adopt Ordinance No. 1251 as amended and before them at this time, and that they set the public hearing for December 21,1987. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that Sections 4 and 15 of Ordinance No. 1251, as amended, which establish a license fee for home occupations, be deleted. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission provisionally adopt Ordinance No. 1251, as revised to delete Sections 4 and 15 of the ordinance and incorporate the proposed amendments dated December 7, 1987; and set the public hearing date for December 21, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those vot- ing No being Commissioner Martel. I Mayor Mathre requested that an item be placed on next weekls agenda for discussion of objectives for the ad hoc committee to review the business license ordinance. Commission Resolution No. 2684 - annexin City Manager Wysocki presented Commission Resolution No. 2684, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2684 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE SACCOCCIA ANNEXATION, HEREIN MORE PARTICULARLY DESCRIBED, WITHIN THE CORPORATE LIMITS THEREOF. The City Manager stated that adoption of this resolution is the final step to be taken in the annexation process for the subject 40-acre tract. He then noted that the annexation agree- ment has been fully executed and recommended that the Commission adopt Commission Resolution No. 2684 at this time. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion adopt Commission Resolution No. 2684, annexing the Saccoccia Annexation. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commis- sioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. I Commission Resolution No. 2685 - changing the time of the regular meetings of the City Commis- . slon - City Manager Wysocki presented Commission Resolution No. 2685, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2685 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE TIME OF THE REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. 12-07-87 483 The City Manager stated that this resolution changes the meeting time from Monday to Wed- nesday, retaining the 2:00 p.m. meeting each week with public hearings at 7:00 p.m. on the first and third weeks as needed. He reminded the Commissioners that this resolution has been prepared as a result of last weekls action. Mr. Duncan MacNab, former Commissioner and Mayor, stated that Monday is the freest time for the public to attend Commission meetings, according to national statistics. He noted I that Wednesday and Thursday nights are the busiest nights of the week; and to change the meet- ing time to one of those nights would be to restrict public input. He then encouraged the Com- mission to keep its meetings on Mondays. Commissioner Martel stated that the local public has indicated that Monday is the worst night for Commission meetings because of various activities following the weekend. The Com- missioner also noted that they receive their packets on Friday nights; and they are unable to conduct research or meet with people until Monday mornings. He noted that to have a meeting in the middle of the week would allow the Commissioners more time to contact individuals on var- ious issues. Commissioner Martel then noted that Wednesday night is traditionally reserved for church activities, particularly during the Advent and Lent seasons; and to have meetings on those nights would cause individuals to make a choice. He further indicated that Commissioner-Elect Hawks indicates he would have no problem with Commission meetings on Tuesdays, Wednesdays or Thursdays. Ms. Daria Joyner, Executive Vice President of the Chamber of Commerce, stated that the public needs consistency in the Commission meeting time, rather than having it change every two, four or six years as the Commission changes. She then questioned why the meeting time is changed every time a new Commissioner is elected. Ms. Joyner concu rred that Monday is the deadest night for public activities in Bozeman. Commissioner Martel noted that usually the change in Commission meeting time has been to accommodate Commissioners, not the public. He also indicated that he would prefer to have Com- I missioner-Elect Hawks present to speak for himself and to vote on the issue, rather than having others speak for him. Commissioner-Elect Goehrung stated the majority of classes at Montana State University meet on Mondays and Wednesdays or Tuesdays and Thursdays. He then indicated that he had told his supervisors that Commission meetings would probably be held on Wednesdays; therefore, he is now responsible for a Tuesday IThursday night class. Mayor Mathre stated that convenience of the public is something to consider in estab- lishing the Commission meeting time. Mr. Jerry Perkins, Karst Stage, stated that from a public standpoint, Mondays are good. He noted as the week progresses, businessmen become more involved in putting fires out. He also stated that at 2:00 p.m., it is not very easy for businessmen to get away to attend Com- mission meetings; however, it is easier on Mondays than other days. Mr. Perkins then sug- gested the Commissioners consider conducting their meetings at 7: 00 p. m. on Mondays to encour- age public participation. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission adopt Commission Resolution No. 2685, amending said resolution to change the date from Wednesday to Thursday. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel; those voting No being Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- mission adopt Commission Resolution No. 2685, changing the Commission meeting date from Mon- I day to Wednesday of each week. Commissioner Martel stated that he would prefer to see the meetings stay on Mondays rather than change to Wednesdays. Commissioner Vant Hull stated that she feels the three who have spoken have submitted good input; however, she noted the Commissioners have made a commitment to the two Commis- sioners-Elect and should honor that commitment. Mr. Perkins noted the Commissioners have more commitment to the public than to one Com- missioner-Elect when talking about convenience. The Mayor stated she had indicated that she would support what the Commission wishes; 12-07-87 491: however, the Commission is divided and she will abstain. She also suggested the Commission may wish to table action until the new Commissioners have been seated. It was moved by Commissioner Martel that action on this resolution be tabled until after the new Commission has been seated. Mayor Mathre yielded the gavel to Mayor Pro Tempore Stiff for the purpose of seconding the motion. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Martel and Mayor Mathre; those voting No being Com- missioner Vant Hull and Commissioner Stiff. I The motion to adopt Commission Resolution No. 2685 then failed by the following Aye and No vote: those voting Aye being Commissioner Vant Hull and Commissioner Stiff; those voting No being Commissioner Martel. Mayor Mathre abstained. Mayor Mathre noted that the Commission meeting time will remain on Monday at 2 :00 p.m. with public hearings to be held at 7:00 p.m. when needed until further action is taken. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) The City Manager reminded the Commissioners of the Interagency Breakfast to be held at 7:00 a.m. on Wednesday at the Baxter. (2) The City Manager indicated that he will be in Helena on Friday for an MMIA Board meeting. (3) Commissioner Stiff noted that several newspaper stories have appeared concerning the expansion of Hyalite Dam. He then asked if a discussion of this item should be placed on the agenda to provide the Commissioners with the facts about what might appear to be a prob- lem. City Manager Wysocki indicated that what has appeared in the newspaper articles is rela- tively accurate. He noted that Montana Power Company filed for all new unclaimed water rights on waters which dump into the Missouri and eventually into Canyon Ferry; and in August that award was made through the court system. He stated this ruling does affect the additional I water rights involved in the expansion of Hyalite Dam as well as any future expansion of the water storage capabilities in the Mystic Lake area. The City Manager then stated that former City Attorney Planalp is working on this item and suggested that if the Commissioners wish to discuss the matter further, it be done in execu- tive session with Mr. Planalp present. Commissioner Stiff requested that this item be placed on an agenda in January for further consideration. (4) Commissioner Vant Hull asked about the joint TAC/PCC meeting which is to be held. The Mayor noted that meeting is to be held at 10: 00 a. m. on Wednesday in the Commission Room, reminding the Commissioners that everyone is invited to attend. (5) Mayor Mathre submitted to the Commissioners copies of a letter of thanks to City Manager Wysocki from the MSU Political Science Department for his willingness to address a class in that department. (6) Agenda for the City-County Planning Board meeting to be held on Wednesday, Decem- ber 16. following Consent Items: of December 14, 1987 in for November 1987 I 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 and Mayor Mathre; those voting No, none. 12-07-87 L~ ~:E) Public discussion Mayor Mathre asked if there were any additional items to come before the Commission. Mr. Jerry Perkins noted he is a member of the Government Affairs Committee through the Chamber of Commerce and indicated the Committee wishes to become more aware and active in lo- cal government matters during the upcoming year. He then asked if there is any way they could help to get the community more involved in the local government operations. I Mayor Mathre noted that, in addition to attending Commission meetings, individuals may apply to serve on the various boards and commissions. Jerry Perkins stated the Committee is looking for ways to keep the public, as well as organizations like the Downtown Bozeman Association, better informed of what is going on in the city government. Commissioner Vant Hull suggested that City Commissioners be invited to attend various Chamber meetings. She noted that in that type of informal situation, a Commissioner may be able to address misconceptions and misunderstandings before they become problems. Ms. Daria Joyner, Executive Vice President of the Chamber, stated that in Missoula, the Chamber tends to watchdog the City Council. She noted that she does not want to see that hap- pen in Bozeman; but she does want to see a healthy, open relationship between the two entities. She also indicated it would be beneficial for the Chamber to be aware of items that will be ap- pearing on upcoming agendas as far in advance as possible so that the membership may be in- formed. She noted this could alleviate some of the problems that occur, citing the business li- cense ordinance as an example. Commissioner Stiff stated support for improving communication between the Chamber and the City. Recess - 4:40 p.m. Mayor Mathre recessed the meeting at 4:40 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled public hearings. I 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. Lea sin , Inc. - SEt of Sec- south of nterstate 90 at the east This was the time and place set for the continued 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, Township 1 South, Range 5 East, Montana Principal Meridian. The site is more commonly located adjacent to and south of Interstate 90 at the east end of Westlake Road. Mayor Mathre reopened the continued public hearing. City Manager Wysocki presented to the Commission a letter of withdrawal, as submitted by Sanderson/Stewart/Gaston Engineering, Inc., on behalf of Home Leasing, Inc.. He then recom- mended that the Commission acknowledge receipt of the letter of withdrawal. Commissioner Vant Hull asked Mr. Tschache why he is submitting a letter of withdrawal and whether he plans to submit a new application. Mr. Junior Tschache, applicant, stated that he sensed a lot of resistance to his proposal; therefore, he submitted the letter of withdrawal. He then noted that he has operated mobi Ie I home courts in various locations in the community. He stated that mobile home parks are a tempo- rary use of the land, later changing to a higher and better use. He indicated that mobile home parks are a good way to get public improvements to a parcel of land, which aids in future devel- opment. Mr. Tschache noted that he owns the Wagon Wheel Mobile Home Park, which is across the street from the University Square Shopping Center. He indicated that he has been approached by large hotel representatives on two separate occasions; and his parcel was under serious con- sideration for the post office relocation. He stated that he has undertaken this process to find a new location for the mobile homes which will be displaced as a result of developing that parcel 12-07-87 49G in a different manner. He also reminded the Commission that he proposes to develop a high- quality, low-cost residential area for those in the community who cannot afford anything else. Mr. Tschache stated that he had an option to purchase the parcel which was under con- sideration in this application. He then indicated that he will continue to look for another lo- cation around Bozeman as well as in the Belgrade area; and when he finds a suitable one, he will submit another application. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, that the Com- I mission acknowledge receipt of the letter of withdrawal of the subject application for a Zone Map Change from AS to R-MH, as submitted by SandersonlStewartlGaston Engineering, Inc., on be- half of Home Leasing, Inc. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. This was the time and place set for the public hearing on the Zone Map Change requested by Philip Saccoccia, Jr. to change the zoning designation from AS, Agricultural Suburban, to R-3, Residential--Medium-density, and M-1, Commercial--Light Manufacturing on Tract 1 of Certi- ficate of Survey No. 1215. The subject property is located in the northwest one-quarter of Sec- tion 2, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located at the southeast corner of the intersection of Baxter Lane and North 19th Avenue. Mayor Mathre opened the public hearing. Zoning Administrator Ron Brey presented the Staff Report. He indicated the subject 40-acre tract was annexed under Commission Resolution No. 2684 earlier in this meeting. He stated that under this Zone Map Change, Baxter Lane would be rerouted; and the 31.7-acre par- cel located south of that roadway would be designated R-3 while the 8. 3-acre tract lying to the north would zoned M-1. He noted that the requested zoning designations would be in compliance with the Master Plan. I Planner Brey stated that the Zoning Commission has recommended approval of the R-3 zon- ing and has further recommended that a "T", transitional, designation be added to the M-1 zon- ing to address concerns about strip commercial development along Baxter Lane. He noted that items which would be addressed under the "T" designation have been identified as (1) signage, (2) strip commercial development, (3) common interior access to avoid unnecessary accesses onto Baxter, and (4) screening. City Manager Wysocki submitted to the Commission a letter from Philip Saccoccia, Jr., dated December 7, 1987, stating opposition to the addition of a "T" designation. Mr. Paul Kinshella, SandersonlStewartlGaston Engineering, Inc., representing Dr. Saccoccia, stated that the applicant concurs with the Planning staff's recommendations except for the "T" designation. He indicated that Baxter Lane will buffer the R-3 from the M-1 district. He also noted that screening requirements are contained in the zone code which should be ade- quate to address concerns. He reminded the Commissioners that retail uses are a conditional use in the M-1 district; and commercial strip development concerns could be addressed through that mechanism. Mr. Kinshella stated that most of the property located between the I nterstate and Baxter Lane is zoned M-1. He indicated that the common access would be more appropriately ad- dressed during subdivision review than under this item. Mr. Kinshella reminded the Commissioners that Dr. Saccoccia owns all of the property in- volved; and he will not allow development on one parcel that would be detrimental to the re- mainder of the property. He also indicated that the applicant wants to be assured of devel- I opment of his commercial property without going through the public hearing process for each par- cel. Commissioner Vant Hull asked Zoning Administrator Brey about commercial development within the M-1 district. Planner Brey stated that under the existing code, any retail use not listed as a permitted use in the M-1 zone is permitted as a conditional use. He also noted that under the existing sys- tem, commercial strip development could be addressed through the Master Plan goal to avoid such development in conjunction with the conditional use process. He indicated that all of the staff's 12-07-87 48T concerns, except the signage, could be addressed through this mechanism. The Planner then concurred with Mr. Kinshella's indication that the interior access could be addressed through the subdivision process; however, he noted that item must also be in conformance with the zoning. Commissioner Vant Hull noted that the commercial development at the corner of South Tracy Avenue and Kagy Boulevard is being completed through a planned unit development with developmental guidelines and asked if that type of approach could be used in this situation. I Zoning Administrator Ron Brey stated that all of the staff's concerns could be addresssed through that mechanism. He then indicated that the Zoning Commission has directed the staff to review the process that must be followed in a "T" zoning designation, possibly allowing for staff review or review similar to that followed for minor planned unit developments in addition to the full-blown conditional use process. Mr. Paul Kinshella stated that developmental guidelines are generally addressed in con- junction with the preliminary plat process rather than during consideration of a zone change. He then questioned whether such items can be considered at this time, noting that conditional zoning is not permitted. Mayor Mathre noted that the commercial development located at the corner of South Tracy Avenue and Kagy Boulevard is located in a B-1- T zone; and the developmental guidelines super- ceded that zoning designation. Planner Brey stated concurrence with the Mayorls comment, noting that the "T" desig- nation on that property was what initiated the developmental guideline process. He stated if the "T" designation had not existed, any permitted use could have been constructed without going through any review or developmental guideline process. Commissioner Martel noted that the property to the north of the subject site is zoned M-1 and indicated he fails to see the difference between that tract and this one. Zoning Administrator Brey stated the only distinctions made in the staff analysis and dis- cussions before the City-County Planning Board and City Commission pertain to buffering be- tween the residential and light industrial uses to minimize the impacts. I Commissioner Martel noted that Dr. Saccoccia has dedicated a substantial amount of right- Of-way for a traffic system and has signed waivers of pr{).t~st for the creation of special im- provement districts to provide for development of the roadway system. Mr. Kinshella stated that the applicant feels that addition of the "T" designation would in effect establish no zoning on the property since any development would be required to go through the conditional use process~ He also expressed concern that a use that would generally be allowed in the zone might be denied through this process. Mr ~ Junior Tschache indicated that he owns the property lying immediately west of the subject site. He indicated that he and Dr. Saccoccia have discussed development of the area and are going to work together as much as possible. He then encouraged the Commission to ap- prove the requested Zone Map Change. Mayor Mathre closed the public hearing. A decision will be forthcoming in one week. Public hearing - Zone Code Amendment - Zoning Commission - amend Sections 18.26.030 and 18.26.050 of the Bozeman Municipal Code to provide minimum requirements for lot area and width in R Q District and for rear yards and side yards within same district. This was the time and place set for the public hearing on the Zone Code Amendment re- quested by the Zoning Commission of the City of Bozeman to amend Section 18.26.030 and Section 18.26.050 of the Bozeman Municipal Code to modify minimum requirements for lot area and lot width in the R-Q, Residential--Office District, and to provide for rear yards and side yards on certain lots within the district. Mayor Mathre opened the public hearing. Zoning Administrator Ron Brey presented the Staff Report. He indicated that at the pre- sent time, the zoning requirements for minimum lot width and certain yard setbacks in the R-O distrkt are tied to those of the most stringent adjacent zone. He noted the purpose of this zone is to provide areas for development of professional offices which are compatible with multi-family and apartment structures. The Planner then stated that in some instances, R-O districts are adjacent to AS, Agricultural Suburban, districts, which have a minimum lot area of ten acres. He stated that he feels this was an oversight at the time the zoning requirements were adopted; therefore, at the direction of the Zoning Commission, the Planning staff has prepared this amend- 12-07-87 495 ment, which would exempt the zoning requirements of the AS, R-S, PLI and TR zones, which have excessive lot area requirements. No one was present to speak in support of or in opposition to the requested Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion waive the customary one-week waiting interval. The motion carried by the following Aye I and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission approve the Zone Code Amendment requested by the Zoning Commission to amend Sec- tions 18.26.030 and 18.26.050 of the Bozeman Municipal Code to modify minimum requirements for lot area and lot width in the district, and for rear yards and side yards on certain lots within the district. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. This was the time and place set for the decision on the Zone Code Amendment requested by the City-County Planning Staff on behalf of the Bozeman Zoning Commission to amend Chap- ters 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, District. City Manager Wysocki reminded the Commission that they had conducted the public hear- ing on this Zone Code Amendment at their November 2, 1987 meeting and had subsequently re- ferred the item back to the Zoning Commission with the request that they consider the devel- I opment of review criteria. He indicated that the Zoning Commission did consider the item at their last meeting and have forwarded a recommendation back to the Commission. Mayor Mathre reopened the public hearing. Community Developmentl Zoning Specialist Dave Skelton stated that during their last meet- ing, the Zoning Commission considered the possibility of establishing review criteria similar to those used for mobi Ie homes, such as compatibility and types of materials used. He indicated that the Zoning Commission also noted that one-family mobile homes are a permitted use in the R-3 district; and they do not feel that relocated homes should be listed as a conditional use. The Planner stated that the Zoning Commission has reaffirmed its original recommendation for ap- proval to the Commission. City Manager Wysocki asked if Commissioner Martel's concern about relocation of com- mercial structures had been addressed. Planner Skelton stated that the Zone Code Amendment is strictly for single-family dwell- ings in the R-3 district. He stated that the Zoning Commission concurred that the zone code currently allows for relocation of commercial structures within commercial zones, provided they meet the requirements. No one was present to speak in support of or in opposition to the requested Zone Code Amendment. Mayor Mathre closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Stiff, 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 Vant Hull, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commis- sion approve the Zone Code Amendment requested by the Zoning Commission to amend Sections -. 18.04 and 18.20.020 of the Bozeman Municipal Code to provide a definition for relocation of existing single-family structures and to allow relocation of single-family structures as a permitted use in the R-3 zoning district. The motion carried by the following Aye and No vote: those 12-07-87 Lt 89 voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 8:12 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Stiff and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 12-07-87