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HomeMy WebLinkAbout1998-07-13 Minutes, City Commission ---.-".---- . MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA July 13, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, July 13, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan. Commissioner Rudberg was absent. Aaenda Meeting - for reaular meeting and Dublic hearinas to be held on Julv 20, 1998 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included . in the Commissioners' packets. (4) City Manager Johnson and Associate Planner Chris Saunders gave a brief overview of the appeal, noting that both the City Manager and the Impact Fee Review Committee have upheld the Impact Fee Administrator's decision. The Associate Planner stated that the ordinance provides that the Commission sets the time and place at which they will consider this appeal. He then indicated that a packet of record information, including the minutes from the Impact Fee Review Committee meeting, will be submitted to the Commission prior to their consideration of this item; and the City Attorney has indicated that new information may also be submitted at that time. (9a&b) Assistant Planning Director Debbie Arkell stated that the fees contained in these resolutions reflect a review of the City's existing fees, the fees charged by the County . and a review of several of the City's current files to determine how much time and money was required to process those applications. She characterized the proposed new fees as being close to those charged by the County and noted that they will be closer to covering the actual costs than the existing fees. She then indicated that a comparison of the proposed new fees to the 07-13-98 -.... - ---- - 2 - current fees being charged by both the City and the County will be forwarded in next week's packet. Responding to questions from the Commissioners, the Assistant Planning Director stated that Planning staff's time is calculated at $25 per hour when determining the costs of . processing an application. She recognized that, depending on the planner involved, that rate sometimes covers a portion of the secretarial time and sometimes it doesn't. She then stated that the master plan amendment fees were last updated in 1983 and the subdivision review fees were last updated in 1986; and the County's fees have been updated two or three times since then. Commissioner Youngman questioned whether these resolutions should remain on the consent items or be removed for discussion. Following discussion, the Commissioners decided to leave them on the consent agenda, recognizing that they can be removed prior to next week's meeting if it is determined that discussion is needed. (12) Associate Planner Jody Olsen gave a brief overview of this proposed annexation, noting the parcel lies along the east side of Meadow Lane, which is a County road . constructed to gravel standards. She noted it is one of four lots located outside city limits that lies east of North 7th Avenue and west of Lea Avenue. (13) Urban Designer/Planner John Sherman briefly reviewed this application, which involves renovations, additions and the removal and replacement of the garage. He noted that one adjacent property owner had initially expressed concern about the proposed second floor deck but has since indicated she feels that concern has been adequately addressed. (14) Urban Designer/Planner John Sherman reviewed this application, which includes three requested variances. He noted that the existing single-family residence is a single-story structure approximately 1,700 square feet in size; and the applicant proposes to construct a 960-square-foot garage with second story loft that increases the floor area to 1,400 square feet. He stated that staff is unable to support the requested variances; and the . applicant has chosen not to pursue the deviation process, under which he could request an 840-square-foot garage, a smaller yard encroachment and a lower height. Responding to Commissioner Smiley, the Planner recognized that the water line easement, the sewer line and septic tank and drainfield do provide some site constraints; 07-13-98 --.- - .-..--- ---- - 3 - however, he suggested that the garage could be slightly relocated and its size decreased, thus minimizing impacts on the site and the neighborhood. ( 15) Historic Preservation Officer Derek Strahn briefly highlighted this application, noting that staff has forwarded a recommendation for approval. . (161 Historic Preservation Officer Derek Strahn stated that this application has been submitted as a step toward possible subdivision of the lot on the corner of Fridley Street and North Church Avenue into two lots. He noted the proposed 6,OOO-square-foot lot would house the existing illegal four-plex, and a single-family residence could be constructed at some time in the future on the proposed 5,040-square-foot remainder lot. He stated that, given the setback requirements on the remainder lot and the fact that the buildable area would be approximately 15 feet by 66 feet, a number of variances or deviations would probably be required to allow for future development of that site. The Historic Preservation Officer stated that under this application, the applicant is proposing to provide no off-street parking spaces for the four-plex, which would be located on a lot that does not meet minimum lot size requirements. He noted that staff is concerned about . both the lack of yard space and the lack of off-street parking at the subject site. Following his review of this application, the Historic Preservation Officer indicated that staff is unable to support it and requested that, if the Commission chooses to approve it, staff be given an opportunity to develop possible conditions for approval. (17&18) Assistant Planning Director Debbie Arkell reviewed the applications for zone code amendment and zone map amendment submitted by Mr. Ed McCrone, owner of the historic Story Mill. She noted that under these applications, residential condominiums and theaters/auditoriums will be allowed as permitted uses in the "M-1" zoning district and the zoning designation on the Story Mill is to be changed from "BP", Business Park, to "M-1 ", Light Industrial. She noted that in March, Mr. McCrone submitted these applications, at which time he was told that staff cannot support them. She indicated that he has chosen to proceed with . them despite staff's recommendations for denial of both applications. She noted that during the public hearing before the City-County Planning Board, several of the neighbors spoke in support of the propose to add a theater/auditorium at this site, but they spoke in opposition to the proposed "M-1" zoning designation because of some of the other permitted uses in that zoning district. 07-13-98 ..--- -..----. - 4 - The Assistant Planning Director reminded the Commission that Story Mill was an active flour mill until 1985, when it was shut down; so, at that time, the "M-1" zoning would have been appropriate. She noted that when the property was annexed, Mr. McCrone requested and received "BP" zoning and went through a conceptual planned unit development review and pre- . application for subdivision. She also reminded the Commission that, under the annexation agreement, this property must be connected to City sewer. (update) Assistant Planning Director Debbie Arkell announced that a meeting about the parking lot at the Senior Center has been scheduled at the Senior Center at 7:00 p.m. on Thursday night, and distributed copies of the notice for that meeting. She stated that she has met with the seniors and reviewed their plan to develop a parking lot containing 20 spaces that runs east and west along the vacated Aspen Street right-of-way. She noted that an additional 28 parking spaces plus disabled parking spaces are needed to meet zone code requirements; however, she suggested that the seniors could seek a variance for the additional spaces they are unable to provide. The Assistant Planning Director stated that she informed Recreation Superintendent . Sue Harkin of the new proposal prior to last week's meeting of the Recreation and Parks Advisory Board meeting; however, the issue was not discussed at that meeting. She then expressed concern that the Board may not be as actively involved in this process as they should be because of that lack of discussion. Commissioner Youngman noted that at Thursday's meeting, the Board identified those members who should plan to attend Thursday night's meeting at the Senior Center. Assistant Planning Director Arkell stated the seniors have raised the monies for the center expansion, and they had now raised the monies to expand and improve the parking lot. She recognized that they currently have an agreement with the County to allow parking at the Fairgrounds. She noted, however, that it is very difficult for the seniors to cross Tamarack Street. She then indicated she will keep the Commissioners informed about the seniors' . attempts to address the parking issues. Roll Call. Pledge of Alleaiance and Moment of Silence The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. 07-13-98 ----.. -- .------.- -. - 5 - Authorize absence of Commissioner Rudberg from meeting. in accordance with Section 7-3-4322(2). M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that Commissioner Rudberg's absence from this meeting be approved, in accordance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Work Session - (A) Discussion - orooosed zone code modifications to facilitate orovision of telecommunications services (cellular and radio/television broadcast antennae) (A) Discussion - proposed zone code modifications to facilitate provision of telecommunications services (cellular and radio/television broadcast antennae) Included in the Commissioners' packets as a memo from Associate Planner Chris Saunders, dated July 6, identifying issues to be considered or addressed in developing the proposed zone code modifications. Associate Planner Chris Saunders distributed excerpts from various documents on the . siting of cellular towers or wireless communications towers, noting that they provide good background information on the subject. He noted that the originals of these documents are available for review in the Planning Office. He indicated that the back page of the packet includes web site addresses where additional information is available. The Associate Planner stated he is in the process of developing a zone code amendment to modify the zone code to provide for regulation of cellular towers and broadcast towers while complying with federal regulations. He noted that he has solicited comments from those parties who are concerned with these regulations, in preparation for completing the staff report and proposed changes. The Associate Planner briefly highlighted some of the limitations on the nature and effect of local regulations, resulting from the Telecommunications Act of 1996. He also . reminded the Commission that, included in the goals of the Bozeman Area Master Plan Update, is preserving and protecting the health and safety of residents, maintaining property values, encouraging economic development and preserving aesthetic characteristics of neighborhoods. He reviewed specific issues which can be addressed to ensure that this goal is met, including a tiered development review process and the building permit process. He suggested that under 07-13-98 . -.....- .---- _n__.. ..__.____.. - 6 - the tiered review process, the type of facility and the zone in which it is to be located would determine which process would be triggered, ranging from sketch plan review to the conditional use permit process. He characterized the proposed large scale broadcast facilities as high wattage large facilities and the proposed small scale broadcast facilities as smaller facilities with low wattages. He stated that at the present time, there are no height limitations on broadcast . facilities; however, he stressed that such facilities are also not allowed in residential zones. Associate Planner Chris Saunders noted that he is not yet certain whether this proposed zone code amendment will be accommodated through changes to existing sections of the code or whether a new section will be added. He stated, however, that the new provisions will cover the issues of safety, setbacks and aesthetics, and administrative items. He stressed the importance of taking steps to ensure the structural integrity of towers and antennae, so they do not create the safety risks that can be encountered with the collapse of this type of structure. He suggested that encouraging multiple users on towers could help to minimize the visual impacts on the area, recognizing that some uses can negatively impact other uses, and care must be taken to ensure that such impacts are minimized or avoided. . The Associate Planner stated that stealth or camouflage installations can be done in a manner that will house three different providers and not be recognizable as a tower or antenna facility, citing a flag pole and a church steeple as examples. He recognized that there are situations where camouflaging of an installation may not be appropriate or blend into the area, so each application should be carefully reviewed. The Associate Planner suggested that the City receive copies of correspondence between an applicant and the FCC and, in the event a facility terminates operations, the tower and antenna must be removed within nine months, unless the ownership and operation of the tower is assumed by another agency. He also suggested that a provision be included in the regulations that requires private structures on public property to conform with the requirements. Responding to Commissioner Smiley, the Associate Planner stated that the towers and . antennae can conform to almost anything, or they can be mounted on an existing building in a manner than makes them nearly invisible. He cautioned that a separation of facilities is necessary, and some signals can negatively impact other types of signals, so care must be taken in multiple installations. 07-13-98 - 7 - Responding to Commissioner Youngman, the Associate Planner noted that there will always be people that feel a regulation is not stringent enough. He then noted that many of these types of facilities are low wattage facilities that do not negatively impace people, while some of them are much higher wattage facilities that can negatively impact people. He stated . that those are the exposures that should be minimized as much as possible through the zoning regulations. Responding to Mayor Stiff, the Associate Planner stated that a copy of this memo has been forwarded to the radio operators for their input. Responding to City Manager Johnson, the Associate Planner stated that this zone code amendment is scheduled for public hearing the City-County Planning Board on August 18 and before the City Commission on September 8. He then asked if the Commission wishes to consider provisional adoption of the ordinance enacting the zone code amendment at that meeting or if it wishes to have the ordinance brought back for action at the mext meeting. He cautioned that the ordinance is not in effect until thirty days after final adoption, which will make it late October at the earliest. . Ms. Cecilia Vaniman, Montana State University, stated that MSU is concerned about the impacts of the moratorium. She noted that Montana State University has a policy that, unless a unit specifically enhances the mission of MSU, it cannot be installed on campus. She noted, however, that if the moritorium on towers and antennae lasts for very long, MSU will feel increased pressures from those wishing to install that type of facility. She noted that MSU has created an "antennae farm" in one specific area south of McCall Hall; and there is no way to make it attractive. She concluded by encouraging the Commission to proceed with the zone code amendment as quickly as possible. She noted that the University has received approximately six requests in the past eight months, and she expects that number will increase. She recognized that the campus is in a prime location for towers, and it has several tall buildings that further attract this type of business. . Associate Planner Chris Saunders stressed that under the proposed zone code amendment, private facilities would be subject to zoning review, even if they are located on property typically exempted from zoning regulations. He noted that if the facility is an MSU facility only, however, it will continue to be exempt from the zoning regulations. He then noted that the proposed regulations will include several provisions that will encourage people to install 07-13~98 - -------..- ..-.-.--------- - 8 - smaller, less conspicuous facilities as well as encourage mumtiple providers, thus reducing the number of towers. The Associate Planner stated that, even though a sense of urgency was voiced during the public hearings on the moratoriums, no applications have been submitted to the Planning . Office to date. The Commission thanked the Associate Planner for his presentation. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Invitation to attend the open house for the new Willow Creek Townhouse at 50 and 54 Michael Grove Avenue for Reach, Inc. (2) Invitation to attend the Gallatin County Fair, which is being held from July 15 through 19 at the Fairgrounds. (3) Agenda for the Development Review Committee meeting to be held at 10:00 . a.m. on Tuesday, July 14, in the Commission Room. (4) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 14, in the Conference Room at the Professional Building. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 14, at the Courthouse. (6) The City Manager submitted his weekly report, as follows. (1) Met with representatives from the Montana Department of Transportation last week regarding the visitors' center. He stated that they appear to be very interested in constructing a rest area at the North 19th Avenue interchange and have forwarded one of their standard designs that is fairly attractive. He noted that the MOoT has indicated a willingness to allow an information booth, manned by the Chamber of Commerce, to be installed as a separate building on the site . as well. (2) Announced that he will participate in the Watershed Council's tour of the Bozeman Creek drainage tomorrow morning, beginning at 8:30 a.m. (3) Participated in the Health Committee's promotion on Wednesday night, which included a hike to the "M" and a moonlight swim at Bogert Pool. (4) Announced that on Wednesday afternoon he will be out of the office to visit various City sites and employees. He noted that this is the beginning of what he hopes 07-13~98 - - 9 - will be a continuing process. (5) Indicated that there was a hazardous materials incident at the Wastewater Treatment Plant on Friday evening when the connector on a cylinder of chemicals began to leak. (7) Clerk of the Commission Sullivan reminded the Commissioners that they have . received an invitation to participate in the Sweet Pea parade and asked if they wish to do so. After a brief discussion, a majority of the Commissioners indicated an interest in participating in the parade, possibly on one of the City's open vehicles. (8) Mayor Stiff stated that, as liaison to the City-County Health Board, he is concerned that neither he nor the alternate liaison was able to attend the Board meeting this past week. He stressed that, with issues such as the Bozeman Solvent Site and the disposal of sludge being discussed at those meetings, it is important to have a City representative in attenance. (9) Mayor Stiff noted that a Transportation Coordinating Committee meeting is scheduled for Wednesday morning. He stated that the 19th Avenue corridor is scheduled as one of the topics of conversation at that meeting. . The City Manager noted he has received a telephone call from a resident on West Babcock Street expressing concern about the speed with which traffic moves on that street between South 8th Avenue and South Willson Avenue, and that individual plans to forward those concerns at the TCC meeting. Adjournment - 4:35 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . -_. ~/~~ -.- ATTEST: ~c--.. ....". ALF M. STIFF, Mayor - ~ ...- - ........... -.",=.: ./' (J~~~ ROBIN L. SULDVAN, . & ~ ... Clerk of the CoT'l11'hission 07-13-98