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HomeMy WebLinkAbout1992-04-06CORRECTIONS TO MINUTES April 6, 1992 Page 4 -Line 12 -change to read " ... asked questions, made comments and were pleased that ... " Page 6 -Line 17 -·change "attempt" to "attempted" -Line 28 -change to read "improvements is to be" Page 10 -Line 19...: after "essentially" insert "as" (described) (move header from bottom of Page 9 to top of Page 10) MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 6, 1992 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 6, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent from the meeting in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes -March 30. 1992 It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the minutes of the regular meeting of March 30, 1992, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Presentation from DNRC re status of Hyalite Dam project Acting City Manager Brey requested that this item be deferred, since the representatives from the Department of Natural Resources and Conservation are not in attendance at this meeting. Continued discussion -Valley Unit Subcommittee's recommendation to pay delinquent property taxes to acquire tax deeds for Valley Unit properties Acting City Manager Brey submitted to the Commission a memo from the Clerk of the Commission, dated April 3, 1992, requesting that this item be delayed for a period of one week because legal counsel was out of town and staff was unable to complete a recommendation for Commission consideration. The Commission concurred; and the Mayor requested that the item placed on next week's agenda. 04-06-92 -2 - Proclamation -"Alcohol Awareness Month" -April 1992 The Assistant City Manager stated that a copy of the proclamation was included in the Commissioners' packets. Mayor Swanson read the proclamation into the record, noting the facts surrounding alcohol and young people are startling. He then indicated support for the work which is being done in the community to address this problem. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission concur in the Mayor's proclamation of April 1992 as "Alcohol Awareness Month". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Discussion -public hearing process Mayor Swanson stated that Commissioner Knapp had requested that this item be placed on the agenda. He further noted that she has requested that this discussion be deferred for a period of one week, when a full Commission is present. Discussion -FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. ( 1) Letter from the Solid and Hazardous Waste Bureau, dated March 31, announcing the 30-day comment period on the remedial investigation report and risk assessments for the Idaho Pole Superfund site, which ends on May 1. Mayor Swanson requested that Environmental Engineer Mike Morgan provide a summary of the report, and possibly some comments that should be included in any written response, for Commission review within the next week or two. (2) Notification of the Bozeman Area Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7:30 a.m. on Thursday, April 9, at the GranTree Inn. (3) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 7, along with daily minutes for the weeks of March 16 and March 23, 1992. (4) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 7, in the Commission Room. 04-06-92 -3 - (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 7. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, April 7. (7) The Acting City Manager submitted his weekly report, as follows. (1) Announced that he will make a presentation to the Performing Arts Committee on Thursday regarding tax increment financing. 2) Announced that the City is hosting the Great Open Spaces City Manager's Association annual convention on Wednesday, Thursday and Friday. He noted that Montana, North Dakota, South Dakota, Wyoming, Idaho and Colorado are represented by GOSCMA, of which City Manager Jim Wysocki is currently president. 3) Noted that during the past week, the Police Department received two additional video cameras from the DUI Task Force. He noted that with this contribution, the department has reached their goal of a video camera in every marked patrol car. He briefly reviewed the sources for these cameras, noting that two were acquired through the City's budgetary process, two were contributed as a memorial to a family member, one was donated by State Farm Insurance and the last two were from the DUI Task Force. 4) He noted that Anderson, Gallatin Gateway and Three Forks schools have requested that DARE programs be established. 5) Announced that the TIFID Board has been meeting on a regular basis and are now ready to finalize the operational details for the program. He noted that as soon as the document is finalized, it will be submitted to the Commission for review and approval. He stated that the TIFID Board has also met with administrative staff to ensure that everyone involved is operating from the same base position with regard to public versus private improvements. He noted that after the program has been completed and the Board is ready to accept applications, they have indicated an intent to proceed with an inventory of infrastructure needs and possibly create a district. 6) Stated that the first step in the urban renewal process is a declaration of necessity by the City Commission, after which staff can prepare a plan. 7) Provided an update on the neighborhood parking permit district which is proposed near the campus. He noted that interested individuals in the neighborhood are soliciting signatures on a petition requesting that a district be created; and that petition should be submitted to the City within the next two or three weeks. He then noted staff's desire to have the public hearing on this proposed district before school is out, so that MSU students have an opportunity to participate in the process and be aware of the results prior to arriving back in Bozeman for the fall semester. 04-06-92 -4 - (8) Commissioner Frost stated that the ad hoc tree board met last week and finalized the tree ordinance, as well as almost finishing the tree board ordinance. He stated they will meet again the first week in May, at which time they will include staff comments in the finalization of the documents. He stated they hope to complete the process by early summer. (9) Commissioner Vincent expressed concern about the lack of public input on the garbage program to date. He then stated his desire to receive additional public input prior to making a decision on the issues which are coming before the Commission. He noted that to date, the few comments he has received have been in opposition to the automated garbage pickup system. (10) Commissioner Knapp announced that she attended the TCC meeting on Wednesday, which was well attended by residents of several neighborhoods. She noted that some of those residents asked questions and made comments; and the consultants were pleased that neighborhoods were becoming involved early in this process. Mayor Swanson stated an interest in having Mr. Doug Widmayer, consultant preparing the transportation plan update, make a presentation to the Commission. He noted this information is vital and should be submitted to the Commission as soon as possible. He then asked the Planning Director to pursue this item. (11) City Attorney Luwe submitted the following. 1) Attended a work session in Helena on March 27 of a group working on possible amendments to Title 7 and other titles affecting local governments. He noted that they propose to submit legislation which will simplify Title 7 as well as some substantive changes over the next two legislative sessions. He then requested that the Commissioners submit any proposed changes they may have by May 1, so he can meet the May 15 deadline for submitting his proposals to the Local Government Center. 2) Briefly reviewed the procedure for conducting a public hearing on a variance, as contained in Section 18.56.060 of the zone code. He then reminded them that a concurring vote of four Commission members is necessary. ( 12) Clerk of Commission Sullivan submitted the following. 1) Announced that her assistant, Sharon Schumacher, will be attending the Municipal Clerk's Institute, which will be held in Bozeman the week of May 3 through 8. 2) Announced that during the week of May 18 through 21, she is planning to attend the annual conference of the International Institute of Municipal Clerks, which is to be held in Salt Lake City. 04-06-92 -5 - (13) Mayor Swanson submitted the following. 1) Distributed a needs assessment for the United Way. He requested that the Commissioners and key staff members, as determined by the Acting City Manager, complete and return these forms to the Clerk of the Commission as soon as possible. He then suggested that the information gathered could be helpful in the Commission's goal-setting process. 2) Attended the TCC meeting on Wednesday, noting that substantial information was submitted at that meeting. He noted the City how has 17 intersections with signal li_ghts; and in fifteen to twenty years, it is projected that 30 intersections will be warranted for signals. He noted that to install those signals is estimated to cost $1.2 million. 3) Stated that he met with the Clerk of Commission regarding the issue of compensatory time; and they will meet again this week. He stated this item should be ready for Commission consideration within the next few weeks. 4) Stated he has a letter of request, dated March 30, from Jeff Rupp, asking that Planner Debbie Arkell be appointed to represent the City on the Board for the Home Buyers' Club. 5) Noted that on April 26, he will welcome the Montana Library Association, which is holding its annual meeting in Bozeman on April 26 through 29. 6) Noted the Chamber of Commerce information center building looks nice in its new location at the Sculpture Park. Request for modification of conditions for conditional use permit -College Chevron. 723 South 8th Avenue Acting City Manager Brey noted that included in the Commissioners' packets was a memo from Planning Director Epple, dated April 2, along with copies of several pieces of correspondence and a copy of the minutes of the meeting of July 16, 1990, setting forth the conditions of approval for the original conditional use permit. Planning Director Epple reminded the Commission that on July 16, 1990, they approved a conditional use permit to allow the construction of a 480-square-foot addition to an existing gas station located on Lots 11 and 12 and the east 90 feet of Lots 13 and 14 of Block 50, West Park Addition, subject to seventeen conditions. He then distributed a memo dated April 6, noting it provides some clarification of his original memo, as a result of questions from staff and the Commission. He reviewed the contents of that memo, showing the Commission how those elements are depicted on the colored version of the revised site plan. The Planning Director stated that the trash dumpster at the southwest corner of the building has been deleted; the planters at the northeast and southwest corners of the site have 04-06-92 -6 - been reduced in size; and the on-site planters between the driveways, both along West College Street and South 8th Avenue, have been eliminated. He noted that these modifications are the ones which have been requested under this agenda item. The Director stated the fence along the north line of the property is yet to be installed; and the reader board sign is not shown on the revised site plan, although the signage still remains on the site. Planning Director Epple then reviewed the improvements which have been installed under the conditional use permit, including installation of new sections of sidewalk along both West College Street and South 8th Avenue; curbing around the planting beds on both sides of the site, for those landscape beds which are located between the sidewalk and the curb; curbing around the reduced flower beds in the northeast and southwest corners of the site; and a traffic directional sign. The Planning Director reminded the Commission that the planter beds inside the sidewalk between the curb cuts were the subject of substantial discussion during the original review of this application. He noted that, even though Mr. Sappington expressed concern about on-site traffic circulation with the 2-foot-wide planter beds, they were included in the conditions for approval. The Director stated that the Zone Code Compliance Officer has unsuccessfully attempt to follow up on this conditional use permit over the past six months and obtain compliance with the final site plan. He stated that the request for modification is the result of that effort. The Planning Director then forwarded three possible options for Commission action: 1) extend the deadline for compliance with the original conditional use permit, modified as requested; 2) extend the deadline for compliance with the original conditional use permit or, as an alternative, extend the deadline for compliance and require that a new conditional use permit be sought; or 3) not extend the deadline, and declare the previously-approved conditional use permit null and void. The Director stated that the deadline for installation of all improvements was December 7, 1991; therefore, any Commission action to allow for the further installation of improvements must include an extension of that deadline. He also recommended that if the installation of additional improvements it to be allowed, the Commission should also require immediate posting of a financial guarantee to ensure the monies are available for completion of the project if the applicant fails to do so. Responding to Mayor Swanson, the Planning Director stated that removal of the existing 04-06-92 -7 - reader board sign was discussed; however, that was not a part of the conditions for approval. He then stated that, since it is not a conforming sign, it is subject to the amortization provisions of the zone code. Commissioner Frost noted that at the June 18, 1990 meeting, Mr. Sappington stated that the reader board was to be removed. Responding to Mayor Swanson, Code Compliance Officer Roy Beall stated this site was brought to his attention in mid-September, at which time he did an on-site inspection. He stated that improvements were still being made at that time, although they were not the same as t hose shown on the site plan; and he informed Mr. Sappington that any variation from the site plan must be subjected to administrative review. He also noted that he was involved in correspondence with the applicant from that time until February. Mr. Harold Sappington, owner of College Chevron, stated that traffic circulation would be extremely difficult with the proposed planters between the curb cuts, particularly for large gas trucks and the garbage truck. He noted that the reader board sign will be removed, which is why it is not shown on the revised site plan. He stated that since Chevron is pulling out of Montana, he must revise all of his signage. Responding to the Mayor, Mr. Sappington stated that the dumpster, which is located at the southwest corner of his building, is actually owned by the Pickle Barrel. He noted that they do not have room enough for the dumpster in a location which is accessible to the garbage truck; therefore, it has been placed partially on his property. He then indicated that he was aware of t he dumpster's ownership when he agreed to the conditions for approval of his application. Commissioner Frost noted that at the July 16 meeting, Mr. Sappington had indicated that the conditions were acceptable, asking if he knew what those conditions were. Mr. Sappington stated that he was not aware that the planters along the inside of the sidewalks had been included. He noted that earlier in the meeting, he had indicated his desire to eliminate those planters from the plan. Commissioner Frost stated that at the time this item was voted on, there was no question in his mind that the planters were included. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission extend the deadline for compliance with the conditions for approval of the conditional use permit approved on July 16, 1990, to allow the construction of a 480-square-foot service bay , 04-06-92 -8 - to June 15, 1992, with no modifications to those conditions; and require the applicant to immediately provide a financial guarantee for those improvements yet to be installed. Commissioner Frost stated he does not support this motion, even though he seconded it. He reminded the Commission that this application was approved, even though the Development Review Committee and the Planning staff both recommended that it not be approved, and the Planning Board was unable to obtain the majority needed to forward a recommendation. He further noted that the original Commission motion on this application failed on a 2-2 vote; and it was passed a week later on a 3-2 vote. He noted that he had grave concerns about voting to approve it, especially in light of the issues and concerns raised by Commissioner Knapp and then- Commissioner Goehrung; however, he wanted to help a small businessman improve his business on a site that was constrained because of its size and shape. He then stated that, based on the lack of cooperation, he would support declaring the original conditional use permit null and void. He noted an acceptable option would be to extend the deadline for the original CUP and require that the applicant immediately seek a new CUP, noting that approval of that application should include the requirement that the reader board sign be removed immediately, the planters along the inside of the sidewalks be installed, and possibly those curb cuts closest to the intersection be closed. Commissioner Knapp noted her opposition to the approval of the original conditional use permit because she did not, and still does not, feel it meets the requirements for a CUP. She stated that she does not feel it is appropriate to declare the original CUP null and void at this time; however, if the conditions are not fully met by the June 15 extension, then she feels that action would be appropriate. Responding to Commissioner Vincent, the Planning Director reviewed the differences between the motion on the floor and Commissioner Frost's position. Following discussion, the Commissioners determined that both motions result in essentially the same final outcome, just in a slightly different manner. Following this discussion, the vote was taken on the original motion; and the motion failed by the following Aye and No vote: those voting Aye being Commissioner Knapp; those voting No being Commissioner Frost, Commissioner Vincent and Mayor Swanson. It was then moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission extend the deadline for compliance with the conditions for approval of the conditional use permit approved on July 16, 1990, to allow the construction of a 480-square-foot service bay, 04-06-92 -9 - to June 15, 1992, with no modifications to those conditions; require the applicant to file an application for a new conditional use permit in time for the public hearing to be completed by June 15; and require the applicant to immediately provide a financial guarantee that will run past June 15, so that if the new conditional use permit is not approved, the monies will be available for completing the installation of the improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Approval of loan from the CDBG Housing Revolving Loan Fund; per CDBG Loan Review Committee recommendation ($15,700) Approval of loan from the CDBG Housing Revolving Loan Fund: per CDBG Loan Review Committee recommendation ($10,000) Authorize City Manager to sign -management agreement with the Bozeman Senior Social Center regarding management of the Senior Citizens Center building and grounds -July 1, 1992 through June 30, 1994 It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Recess -4:41 p.m. Mayor Swanson declared a recess at 4:41 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene -7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Public hearing -variance from Section 18. 16.030 of the zoning ordinance to allow division of an 11, 700-square-foot lot into two lots -Max S. Eaton -Lot 22, Block 7, Fairview Addition ( 11 West College Street 04-06-92 -10 - This was the time and place set for the public hearing on the variance from Section 18.16.030 of the zone code to allow the division of an 11, 700-square-foot lot into two lots, as requested by Max S. Eaton, for Lot 22, Block 7 of the Fairview Addition. The subject property is more commonly known as 11 West College Street. Acting City Manager Brey reminded the Commission that four affirmative votes are needed to approve a variance. He further reminded the Commission of their policy to allow the applicant to request a continuance in the event that a full Commission is not present because of this super- majority requirement. Mr. Max Eaton requested that this public hearing be continued, stating his preference to wait two weeks until a full Commission is present. Mayor Swanson opened and continued the public hearing to 7:00 p.m. on Monday, April 20, 1992, so a full Commission may be present for this item. Mr. Eaton then stated that he has dramatically changed the plans for dividing this lot from those originally submitted. He then asked if the Commissioners wished to review those plans prior to the public hearing. Acting City Manager Brey responded by requesting that the revised plans be submitted to staff for review and a determination of whether they should be included in the public hearing, particularly since the staff report is based on the original plans. He then noted that if the revised plans are essentially described in the advertisement for public hearing, they could possibly be incorporated into these proceedings; however, if they are substantially different, a whole new process would be required. Adjournment -7:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 04-06-92