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HomeMy WebLinkAbout1998-02-17 Minutes, City Commission ._._u .____ _.._. --~.__.__. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 17, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 17, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe 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 Consent Items be removed for discussion. Minutes - January 20. Januarv 26. Februarv 2 and February 9. 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . minutes of the meetings of January 20, January 26, February 2 and February 9, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Reauest for modification of conditional use permit to allow replacement of previouslv approved sign with individual neon letters - Maaic Diamond Casino. 1601 West Main Street Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated February 4, 1998, forwarding information on a request from the Magic Diamond Casino to replace a sign previously approved in conjunction with a conditional use permit. . The Assistant Planning Director reviewed the information forwarded with her memo. She stated that this request is being processed as a modification of a previously-approved conditional use permit, mainly because of the substantial amount of discussion which revolved around the sign that was approved at that time. She noted that, while she was exchanging information with the office of the sign company that installed the new sign, workers for the 02-17-98 - . ./ - 2 - company were installing the new sign, which is individual metal letters with blue neon tubes spelling "casino". She stated that the size of the new sign is the same as the old sign. Following review of the application for modification of the sign at its January 27 meeting, the Design Review Board forwarded a recommendation for approval, subject to the requirement that . the business owner obtain an electrical permit for the sign within thirty days. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the request from Magic Diamond Casino for modification of a conditional use permit to allow the replacement of their previously approved sign with individual neon letters for their business located at 1601 West Main Street, subject to the following condition: That the business owner apply for and receive an electrical permit from the City's Building Inspection Division office within thirty days of Commission approval of this modification. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . Discussion re DroDosed chanae in zonina designation from "R-3" to "R-4" on 10 acres located in northwest corner of Ferauson Avenue and West Babcock Street Assistant Planning Director Debbie Arkell stated she has received an inquiry from a developer about the possibility of changing the zoning designation on 10 acres located at the northwest corner of the intersection of Ferguson Avenue and West Babcock Street extended from "R-3", ResidentialnMedium-density, to "R-4", ResidentialnHigh~density. She stated that the developer is proposing the construction of low- and moderate-income housing on the site, through the construction of twelve-plexes. She noted that the developer has constructed low- and moderate-income housing projects in Belgrade, Sidney and Havre through the use of Farm Home funds and proposes to seek tax incentives to construct similar units in Bozeman. She cautioned that this information cannot be taken into consideration as the Commission considers . this request. The Assistant Planning Director reminded the Commission that, as a result of its direction to staff, at tomorrow night's meeting, the Planning Board will consider a proposal to change the zoning on 35 % acres located a short distance west of this site from "R-3" to "R~4". She also noted that the property adjacent to this subject site is zoned "R-2" and "R-3". She 02-17-98 - 3 - stated that the construction of twelve-plexes, as proposed, could be accomplished through a planned unit development under the existing "R-3" zoning designation. She then asked for Commissioner input on whether or not they would be willing to give favorable consideration to this request if it were forwarded as a formal application. She reminded the Commission that . if an application is submitted, staff will review it in light of the twelve criteria set forth in the zone code and public hearings will be held before both the Planning Board and the City Commission before a final decision is made. Responding to Commissioner Rudberg, Assistant Planning Director Arkell confirmed that no conditions may be attached to approval of a zone change. She confirmed that Arcadia Gardens is located in an "R-4" zoning district and is an "R-4" type of development. She then encouraged the Commissioners to forget about the idea of an affordable housing development and the site and make a determination on whether this is the place for "RA" zoning. Commissioner Rudberg stated she feels an affordable housing project cannot be constructed as a planned unit development in an "R-3" zone, but she is concerned about supporting a change to "R-4" zoning unless some assurance can be given that an affordable . housing project will be developed on the parcel. Responding to Commissioner Youngman, the Assistant Planning Director stated that Courtyard Cottages Subdivision extends from West Babcock Street to Durston Road and contains a combination of "R-2" and "R-3" zoning. Following discussion in which many of the Commissioners expressed discomfort with the idea of changing the zoning from "R-3" to "R-4", particularly in light of the fact that it borders "R-2" and "R-3" zoning, a majority of the Commissioners indicated they had too many concerns to conceptually support the proposed "R-4" zoning. Reauest for classification of use ~ whether facilities for boys and girls club and humane society Qualifv as permitted uses in a PLI zone . Commissioner Frost announced that he will abstain from discussion and voting to avoid any appearance of a conflict of interest. Planning Director Andy Epple reviewed his request for classification of use, which stems from a letter from Joby Sabol, dated December 8, 1997, asking whether the Boys and Girls Club of Southwest Montana, the Gallatin Valley Humane Society and Eagle Mount could be 02-17~98 . - -. -.. --..---.--...- .-- ... -..----...-.------ -.-.-. -. -.. . -- --- - 4 - construed as permitted uses in the "PU", Public Lands and Institutions, zoning district. The Planning Director stated that he has been unable to make a determination on this request and is, therefore, forwarding it to the Commission for consideration and a determination, in accordance with Section 18.06.060.B. He then reminded the Commission that the criteria for . making the determination are contained in Section 18.06.06C.A., and they include: 1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located, or 2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as: a. The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located; b. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and c. Neither the intent of this title nor the intent of the district will be abrogated by such classification. Planning Director Epple noted that, forwarded with his memo is a listing of the permitted . principal and conditional uses in the "PU" zone. Mr. Carl Borgquist, President of the Board of Directors for the Gallatin Valley Humane Society, recognized that this is a legal question and indicated he has nothing to add at this time. Ms. June Boucher, representing the Boys and Girls Club of Southwest Montana, stated that twenty years of experience with the organization tells the Board that a boys and girls club is needed in the area. She noted that most of the children they serve live within one mile of Montana State University, and the subject property also lies within that radius. She reminded the Commission that the Eagle Mount facilities already exist in this area. She also noted that the property owner has offered to donate land to the Boys and Girls Club, and that type of offer doesn't often come along. . Responding to Commissioner Rudberg, the Planning Director stated that no notification to neighbors is required in conjunction with a classification of use. He noted that for any development to occur, however, some type of planning and/or zoning review will be required, and all of those processes carry with them some type of notification requirement. He stressed 02-17-98 ~ 5 - that, depending on the type of review, the final decision may be made by a body other than the City Commission. Commissioner Rudberg stated she feels that all three of the organizations involved are good organizations. She stated, however, she is concerned that the Humane Society is . different from the other two. She noted that the hours of operation for Eagle Mount and the Boys and Girls Club can be restricted, thus limiting any potential for negative impacts on the surrounding area. She stated, however, the noise from the Humane Society is around the clock and cannot be limited through hours of operation. Planning Director Epple reminded the Commissioners that if they find these uses can be permitted in the "PU" zone, the property owners must seek rezoning of this property because it is currently zoned" AS". He also noted that under the current zoning, the applicant could go through the planned unit development process for a grouping of these three facilities. Responding to Commissioner Youngman, Mr. Borgquist stated that the Humane Society has done some preliminary design work on a facility, and has based much of that design on other facilities around the country. He noted that at the current times, dogs are housed outside . the facility while the kennels are being cleaned, and that is when much of the noise occurs. He stated that the new building is to be designed so that the dogs can be moved around inside while the cages are being cleaned, and they will be taken outside only to play. He stated that this type of design is currently being used effectively in urban areas. Mr. Borgquist stated that the applicants have sought this classification of use and joint development because it is more cost effective for all of the groups involved. He also noted that this is a unique opportunity that can be of benefit to the entire community as well as those involved in the various programs. Commissioner Youngman suggested that the requested uses can be considered as "public and nonprofit, quasi-public institutions", since they serve a segment of the public that government doesn't have the ability to serve. . City Attorney Luwe reminded the Commissioners that if they find these uses may be permitted in the "PU" zone, then they may be located in any "PU" zone, not just the area under consideration in this request. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission determine that the Boys and Girls Club of Southwest Montana and the Humane 02-17-98 u___ _._____. ------.-- .-.. - 6 - Society uses are so similar as to be interpreted as the same as "public and nonprofit, quasi- pUblic institutions", which are permitted uses in the "PLI", Public Lands and Institutions, zoning district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No being . Commissioner Rudberg. Commissioner Frost abstained. Ordinance No. 1458 - addina a new Chapter 12.32 to the Bozeman Municipal Code providing for the establishment of permits for parades and public assemblies and the public conduct durina parades and public assemblies and the penalties for the violation thereof Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1458, as approved by the City Attorney, and entitled: ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 12.32, PROVIDING FOR THE ESTABLISHMENT OF PERMITS FOR PARADES AND PUBLIC ASSEMBLIES AND THE PUBLIC CONDUCT DURING PARADES AND PUBLIC ASSEMBLIES. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that this item be removed from the table. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Responding to Commissioner Frost, City Attorney Luwe stated the purpose of the ordinance is to ensure the safety of those watching the parade, particularly the children. The City Attorney reviewed the changes which he has incorporated into the ordinance based on previous discussion, noting that he has added the suggested language to sections 12.32.240 and 12.32.260. Commissioner Smiley noted that she talked with someone who drove a float last year, and he expressed his concern about how close children ran to the float to get candy. . Responding to questions from Commissioner Smiley, Assistant City Manager Brey stated that Section 12.32.260.C. helps to assign responsibility in the event a problem arises. Commissioner Youngman stated that she supports most of the ordinance, however, she cannot support the total ban on throwing candy. She recognized the importance of protecting the safety of the children, but she feels that can be accomplished without the ban. 02-17-98 - 7 - Commissioner Rudberg stated that people's irresponsibility leads to this type of regulation. She then forwarded her support for the ordinance as proposed, since it protects the City and provides for the safety of the children. Commissioner Frost stated that he supports protecting children, however, he does not . believe that adopting this ordinance will make irresponsible parents any more responsible. He then noted that, since this ordinance does not seem to minimize the City's liability, he cannot support its adoption with the ban on throwing of candy. He stressed that that is the only provision in the ordinance which he cannot support. Mayor Stiff stated his support for the ordinance, noting he went through school with a young man who lost an eye in a throwing accident. He noted that, as a result of the accident, that student was unable to participate in many of the activities his classmates did. He then characterized this ordinance as a sensible approach to ensuring the safety of children. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1458, as amended to insert Sections 12.32.240.C. and 12.32.260.C. in their appropriate places, adding a new Chapter 12.32 to . the Bozeman Municipal Code providing for the establishment of ermits for parades and public assemblies and the public conduct during parades and public assemblies and the penalties for the violation thereof, and direct staff to bring it back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Frost and Commissioner Youngman. Ordinance No. 1461 ~ vacate 30.foot-wide service drive riaht-of~wav Ivina adiacent to Lots 9 through 14. Block 1. Roval Vista Subdivision. between West Oak Street and West Birch Street (The Bozeman Inn) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1461, as approved by the City Attorney, and entitled: . ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT 30-FOOT-WIDE SERVICE DRIVE RIGHT-OF-WAY LYING ADJACENT TO LOTS 9 THROUGH 14, BLOCK 1, ROYAL VISTA SUBDIVISION, AND MORE PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE NORTH RIGHT- OF-WAY LINE OF WEST BIRCH STREET IN THE CITY OF BOZEMAN, MONTANA. 02-17-98 - 8 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1461, vacating a 30-foot-wide service drive right-of- way lying adjacent to Lots 9 through 14, Block 1, Royal Vista Subdivision, located along the west side of North 7th Avenue between West Oak Street and West Birch Street. The motion . carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Ordinance No. 1462 - revising Section 2.76.030 of the Bozeman Municipal Code by amending the residency reauirements for members of the Cemetery Board Included in the Commissioners' packets was a copy of Ordinance No. 1462, as approved by the City Attorney, and entitled: ORDINANCE NO. 1462 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 2.76.030 OF THE BOZEMAN MUNICIPAL CODE BY AMENDING THE RESIDENCY REQUIREMENTS FOR MEMBERS OF THE . CEMETERY BOARD. Mayor Stiff thanked staff for the work they have done to research and address the issues which were raised by the previous Cemetery Board. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission provisionally adopt Ordinance No. 1462, amending Section 2.76.030 of the Bozeman Municipal Code, pertaining to residency requirements for Cemetery Board members, and direct the Clerk to bring it back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Pledaed Securities as of December 31. 1997 . In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Frost and Commissioner Youngman have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. 02-17-98 - 9 - Commissioner Youngman reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Pledged Securities as of December 31, 1997, listed as follows: . DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1997 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 TOT AL - First Security Bank - Bozeman $ 100.000.00 AMERICAN BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Sub-total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: . Federal Home Loan Mtg. Corp. 7.00 OS/29/2001 182008801 $ 1,000,000.00 Federal National Mortgage Association 8.65 02/10/1998 182007113 200,000.00 U.S. Treasury Note 5.125 06/30/1998 163009416 1,000,000.00 Federal Home Loan Bank 5.72 03/18/1998 182007117 500,000.00 Federal Home Loan Bank 5.69 03/25/1998 182007118 300.000.00 Sub-total - Trusteed bonds and securities $ 3,000,000.00 TOT AL - American Bank - Bozeman $ 3,100,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1997, by the banks of Bozeman and approve and accept the same. . ALFRED M. STIFF, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner SANDRA L. SMILEY, Commissioner MARCIA B. YOUNGMAN, Commissioner 02-17-98 - 10 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . Staff reDort re snowDack - Assistant City Manaaer Brev Included in the Commissioners' packets was a copy of the snowpack report for the Gallatin River basin, as of February 11, 1998. Assistant City Manager Ron Brey briefly reviewed the information contained in the report, noting that the graph provides data on the maximum snowpack, the minimum snowpack, the 30-year average snowpack, and the current snowpack with a prediction based on the normal trend. He noted the graph also reflects the snow water average in inches and the percent of April 1 average. He stated that data is gathered every two weeks, and the report is updated accordingly. The Assistant City Manager stated that as of February 9, the Gallatin River basin was at 90 percent of average for this date, and is 60 percent of the April 1 average. . Assistant City Manager Brey stated it is his intent to provide these reports to the Commission under "FYI Items" as they become available, so they can monitor the water availability for the upcoming year. Mayor Stiff stated that these reports have provided valuable information to the Commission in past years, and he appreciates receiving them once again. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo from the City-County Planning Office, dated February 11, forwarding . information on off-site improvements required in conjunction with City approval of various projects for the period 1993 through 1997. (2) Notice of the last in the series of urban renewal planning meetings, scheduled for 7:30 a.m. today at the DBA office. (3) Memo from Neighborhood Coordinator/Grants person James Goehrung, dated February 10, forwarding information on the tax credit programs and forwarding background 02~ 17-98 ~ 11 + information on some of the projects for which the Commission will be asked to provide letters of support at next week's meeting. (4) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today in the Commission Room. . (5) Agenda and revised agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse. (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, February 18, in the Commission Room. (7) The City Manager stated that staff continued with its strategic planning at the staff meetings held on Tuesday and Wednesday. He noted that during those meetings, staff developed its vision statement, mission statement and overarching goals. He stated that those statements will be presented to the Commission at next week's meeting, as the Commission begins its goal setting process. He noted that staff is beginning to define outcomes and performance measures as the budget process begins. He cautioned that this conversion in management style and budgeting process is approximately a five-year process. He then noted . that all of this work is being done in addition to the regular workload. (8) The City Manager announced that the 9-1-1 Administrative Board has received a letter of resignation for Mike Brown, Director, effective March 1, because he has accepted a similar position in Boulder, Colorado. He noted that the Board will be meeting to discuss strategy for filling the position. Mayor Stiff noted that the Health Board has encountered many problems in trying to fill its vacant Health Officer position because of the salary. He then encouraged the 9-1-1 Board to give careful consideration to local individuals, in an attempt to fill the position. (9) Assistant City Manager Ron Brey stated that, because of scheduling problems, the public hearing on proposed changes to the parking fines will be held on March 16 instead of March 2 as originally anticipated. . (10) City Attorney Luwe submitted the following. (1) Stated that, in an effort to continue the process begun by the City Manager, he will conduct a retreat with his staff on Saturday. (2) Attended a quarterly meeting with law enforcement officials from various departments in the County today. 02-17-98 - 12 - (11 ) Commissioner Smiley submitted the following. (1) Stated that the City-County Planning Board has requested that the Commission forward work items through them rather than directly to the Planning staff. (2) Announced that Jon Gerster will be inviting all Commissioners to attend a meeting at the Lehrkind Mansion in an attempt to bring together . residents and business owners in the northeast sector of the community. She noted that the meeting will include a history of the area, an update on redevelopment and an effort to generate a vision for that area of the community. (3) Attended a meeting with the Southwest Montana Building Industry Association regarding impact fees. (12) Commissioner Rudberg stated that she also attended the City-County Planning Board meeting at which the Board requested that the Commission submit directions to staff through them rather than directly to the staff. She noted that their concern is that they are responsible for the budget and the workload. (13) Commissioner Rudberg noted the Commissioners are receiving input regarding the MSU parking situation. She then asked if the Commissioners wish to review the policy on how parking stickers are issued. . Assistant City Manager Brey stated that, except for annexation and deannexation of areas, the parking district and its operation have remained essentially unchanged since its creation. He then indicated that staff is beginning to discuss various aspects of the program and, in late April or early May, they should be prepared to forward suggestions to the Commission for consideration. Responding to Commissioner Smiley, the Assistant City Manager stated that when the residential parking district was originally created, staff tried to count all of the residential units, including apartments and multiple sleeping rooms. He recognized that the figure generated was only an estimate, since many of the single-family homes have been converted without any change to the exterior. (14) Commissioner Rudberg noted that the minutes for the work session on accessory . dwelling units reflect that a property owner is required to reside on the property. She then questioned if that requirement is specifically stated in the ordinance; City Manager Johnson showed her the language in the code. Commissioner Smiley suggested that the checklist in the Planning Office could include a line asking if the applicant has checked the covenants. 02-17-98 - 13 - (15) Commissioner Rudberg noted that in last week's packets, the Commissioners received a copy of a memo from Associate Planner Jody Olsen, dated February 2, providing an update on the fiscal impact analysis model. She then stated that she does not believe the Commission saw the original grant application, and she is concerned about the indication that . the City Commission is in support of it. She also stated she does not recall discussing air quality and pollution prevention efforts, and she questioned the listing of interest groups to be involved in the process. City Manager Johnson stated that the City is being considered for a federal grant which includes modeling software. He noted that the Planning Director made a verbal presentation on this issue a couple of months ago. Commissioner Smiley noted that the Planning Board received information on this program last year, and they were supportive of seeking the grant and obtaining the software. Mayor Stiff suggested that the Commission receive input from staff on this issue; the City Manager indicated he will have the Associate Planner give a presentation at next week's work session. . (16) Mayor Stiff submitted the following. (1) Stated that he attended the City-County Health Board and Local Water Quality District meetings last week. He noted that failing septic systems on unannexed properties along West Babcock Street are becoming a problem, and the Health Board approved the installation of a new system on one of those properties at last week's meeting. He then stressed the importance of taking steps to ensure that those properties are connected to City sewer in the future, particularly in light of environmental concerns and the costs of replacing a septic system. He noted that another issue discussed at the meeting was the plume from the Bozeman Solvent Site. He stated that with the $1.7 million special improvement district currently under consideration, 80 percent of the properties affected by the plume will be serviced by the City water supply, thus alleviating the problems associated with the plume. He noted that, despite Barry O'Connell's assurances that the plume . will not extend past the East Gallatin River, some of the board members are still concerned that it will. ( 17) Mayor Stiff stated that he met with staff after the agenda meeting on Thursday regarding off-site improvements required in conjunction with approval of recent subdivisions. He noted that staff has spent 25 hours in preparing information for Commission review, and 02-17-98 - 14 - he does not feel they should spend any more time on the issue. He then stated that, since he must now do some research on his own and he does not yet have the information he had requested, he is not prepared to consider any change to the impact fees at this time. As a result, he asked that the issue of impact fees be delayed from the March 2 agenda to the . March 16 agenda to give him more time to conduct the needed research. Commissioner Smiley and Commissioner Rudberg indicated they have no problem with the requested delay. Commissioner Frost stated he has a problem with the requested delay, noting that the Planning Director had previously cautioned that generating the information requested by Mayor Stiff would be a lengthy and difficult process. He noted that increasing impact fees should be done as soon as possible, particularly since he does not believe it is fair to either the developers or the City to delay an increase in impact fees until the construction season. Commissioner Rudberg stated she also has not got the information that she had requested from staff. Commissioner Smiley noted that the Southwest Montana Building Industry Association . is currently trying to complete a cost analysis on impact fees. Commissioner Youngman stated she is concerned about projects coming before the Commission which, if approved, will be under the old impact fee structure. She stated that she is not willing to vote for any projects under the old impact fees, particularly since an increase in the impact fees has been delayed several times since December, when it was first discussed. She then stressed that she does not want to hold up projects until the new impact fees have been implemented. She noted that the issue of impact fees was to be revisited immediately after the last legislative session, when ended in April. She then stated she feels the process should move forward, rather than facing another delay. Following extensive discussion, Mayor Stiff requested that impact fees be placed on the . March 16 agenda. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3228 - revising the fee schedule for processes under the zone code 02-17~98 -- - - 15 - COMMISSION RESOLUTION NO. 3228 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE FEE SCHEDULE FOR PROCESSES UNDER THE ZONE CODE. Authorize City manager to sign - Trail Corridor Access Easement Aareement - . Simgraf COrDoration - Simkins Sour Trail: contingent upon their execution of documents Authorize City manaaer to sian - Coooerative Purchasing Agreement between the State of Montana Deoartment of Administration and the City of Bozeman to oermit City to ourchase suoolies and services from vendors per contracts between the State and vendors Authorize Mayor to sign - Findings of Fact and Order - Kagy Crossroads Subdivision - subdivide 21.64 acres located in the SE~. Section 14. T2S. R5E. MPM. into one multi-family residential lot and 9 commercial lots (northwest corner of Kaay Boulevard and South 19th Avenue) (P-9751) Authorize Citv Manager to sign - Amendment No.2 to Professional Services Aareement with MSE-HKM. Inc. . East Main Street/Hiahland Boulevard street signal proiect Authorize City Manaaer to sian - Amendment No. 3 to Professional Services Agreement with Marvin & Associates - North Willson Avenue/West Mendenhall Street sianal proiect Building Inspection Division report for Januarv 1998 . Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost. 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 Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Ordinance No. 1459 - vacate 4th Avenue S.E. (Ida Avenue) along the east side of Blocks 22. 23 and 24. Electric Heiahts Addition. and the west side of Lots 1-4. Block 1. Graf's First Subdivision. Second Filina Previously distributed in the Commissioners' packets was a copy of Ordinance No. . 1459, as approved by the City Attorney, and entitled: ORDINANCE NO. 1459 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT 30-FOOT -WIDE BY APPROXIMATEL Y 996.6-FOOT-LONG PORTION OF 4TH AVENUE S.E. (IDA A VENUE) LYING ALONG THE EAST SIDE OF BLOCKS 22. 23 AND 24. ELECTRIC HEIGHTS ADDITION, AND ALONG THE WEST SIDE OF LOTS 1 THROUGH 4, BLOCK 1, GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. 02-17-98 _.__._..u - 16 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1459, vacating 4th Avenue S.E. (Ida Avenue) along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and the west side of Lots 1-4, Block 1, Graf's First Subdivision, Second Filing. The motion carried by the following Aye and . No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Ordinance No. 1460 - vacate 60-toot-wide riaht-ot-wav tor East Aspen Street trom the west right-ot-wav line at North Wallace Avenue west a distance ot approximately 200 feet Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1460, as approved by the City Attorney, and entitled: ORDINANCE NO. 1460 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, VACATING AND ABANDONING THAT 60-FOOT-WIDE BY APPROXIMATEL Y 200-FOOT-LONG PORTION OF EAST ASPEN STREET LYING BETWEEN LOTS 9 THROUGH 16, BLOCK 108, AND BLOCKS 17 THROUGH 24, BLOCK 109, NORTHERN PACIFIC ADDITION, AND MORE PARTICULARLY LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF NORTH WALLACE . AVENUE AND THE PORTION OF EAST ASPEN STREET RIGHT-OF-WAY VACATED BY ORDINANCE NO. 911, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission finally adopt Ordinance No. 1460, vacating a 60-foot-wide right-of-way for East Aspen Street from the west right-of-way line of North Wallace Avenue west a distance of approximately 200 feet. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Recess - 4:50 p.m. Mayor Stiff declared a recess at 4:50 p.m., to reconvene at 7:00 p.m., for the purpose . of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 02~ 17-98 - . - 17 - Public hearing - Amendments to budqet for Fiscal Year 1997-1998 resultina from mid-year budaet review This was the time and place set for the public hearing on amendments to the budget for Fiscal Year 1997-1998. Mayor Stiff opened the public hearing. . Administrative Services Director Miral Gamradt noted this is the first time a public hearing has been required on the budget amendments stemming from a quarterly budget review. He stated this is due to the changes in the Municipal Budget Act which were adopted during the last legislative session, and the requirement for a public hearing is based on the fact that a public hearing accompanies adoption of the budget for the fiscal year. He then briefly highlighted his memo of January 26, 1998, in which he provided detailed information resulting from his mid-year budget review. He stated that the amendments include the addition of budget authority to purchase the Professional Building, in an approximate amount of $1 million. Another large item in the budget amendments is $65,000 to implement an automated water meter reading program. He noted that two options are available under this item, one under . which the City's computer dials each meter at night and records the readings. Under the other option, a van is driven down each street, and equipment in the van would read the meters. He noted that a van is currently being used in Missoula, and all of the meters are read in two days. No one was present to speak in support of or in opposition to the proposed budget amendments. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission accept the mid-year budget review and authorize and direct the Mayor to sign the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . Public hearing - Water Facilities Plan This was the time and place set for the public hearing on the final draft of the Water Facilities Plan. Mayor Stiff opened the public hearing. 02-17-98 -..--.- ~ 18 . Project Engineer Rick Hixson stated that in October 1993, the City entered into an agreement with HKM Associates to prepare an updated version of the water facilities plan. The first draft of that docu~ent was received in May 1995 and, following review, staff submitted comments and proposed revisions in April 1996. In the meantime, HKM merged with MSE, . resulting in the creation of a new firm named MSE-HKM, Inc. There were significant changes in personnel resulting from the merger, and some of the staff members who had worked on the water facilities plan were no longer with the firm. Dr. Bill Hunt was then assigned to the project, and he has thoroughly reviewed the document and undertaken a major rewrite of the plan. The Project Engineer stressed that the new plan meets all of the requirements of the original contract and, in many respects, exceeds those requirements. The Project Engineer stated that the water facilities plan identifies 20-year and 50-year needs and aids in the planning for meeting those needs. He briefly highlighted the different components of the plan, which include an analysis of the system, evaluation of the needs and recommendations. He noted that this information will be very useful in making future decisions. He then stated that after Dr. Hunt provides a summary of the document, public . input and questions will be received. He noted that the consultant will next provide a response to that input and include it in a responsive summary in the final water facilities plan. He stated that document will then be submitted to the Commission for formal adoption, following which staff will use the document as the framework to review and prioritize improvements to the water system. Dr. Bill Hunt, MSE-HKM, Inc., gave a brief overview of some of the key items comained in the water facilities plan. He noted that under certain conditions, the capacity of the current water treatment plant will be exceeded sometime within the next one to five years. He stated that the plant's current capacity is 15 million gallons per day, and it can be expanded to 20 million gallons per day by adding another section of filters in the existing building. He noted this will extend the life of the plant for probably another ten to fifteen years. He stated that . the next issue will be the combined capacity of the supply lines to the water treatment plant, noting that it will be exceeded in probably 25 to 30 years. He stated that another issue which has been identified is the reliable yields of the existing water rights, which will be exceeded in approximately 2042, based on population projections. 02-17-98 - -- _ ____.._...___.._m_ - 19 - Dr. Hunt stated that the water processed in the treatment plant comes from Bozeman Creek and Hyalite Creek. He noted that in the spring, high turbidity requires a substantial amount of backwashing, and that reduces the capacity of the plant from 15 million gallons to approximately 12 Y2 million gallons per day. He also noted that, because of notice requirements . and the distance of the control valves from the plant, approximately 6 to 9 millon gallons of the 35 million gallons available each year are bypassed around the plant because the plant is operated at a capacity equal to the greatest probable demand each day. He stated that this converts to 1/6 to 1/4 of the City's water rights annually. He suggested that a storage facility just upstream from the water treatment plant could help to alleviate both the turbidity and bypass problems currently encountered. Dr. Hunt noted a single transmission line currently carries the water from the water treatment plant to the community. He stressed the importance of having two lines supplying the main distribution point, or a "disaster" plan in place to address the potential that the single distribution line might incur major problems or a major disaster. Dr. Hunt noted that the Lyman Creek reservoir, on the north side of town, effectively . supplies water to a small portion on the north side of the community. He noted that a pumping station was constructed on Pear Avenue in 1957, in conjunction with the first major improvements to the system, and it was operated during summer months until 1986, when it was shut off. He stated that, because the Lyman Creek reservoir is 90 feet lower than either the reservoir along Sourdough Road or the tank on Kenyon Drive, this source does not have adequate pressure to enter the main distribution system. He noted that approximately 13 million gallons of water from the Lyman Creek source is used per year, while the estimated reliable yield from those water rights is over 400 million gallons. He suggested that, since the City currently uses 3 to 5 percent of that source, through equalizing the pressure in the lines, the Lyman Creek water could be used to serve other portions of the community. Dr. Hunt noted that the pressure in the water lines on the northwest side of the . community is very high, and he has identified five to six locations where pressure reducing valves should be used to create a more acceptable level of pressure. He noted that the pressure in a distribution system should be 80 to 100 pounds and in Bozeman's system, the water pressure at the Kenyon Noble property on North Rouse Avenue is 155 to 160 pounds and an estimated 200 pounds in the area of the North 19th Avenue interchange. 02-17-98 .__n n____.______ -..--.-"..- . ..-----..------..---. . 20 - Dr. Bill Hunt noted that the need for expansion of water mains in some areas of the community has been identified. He noted that in the northeast sector of the community, the water mains are too small to provide adequate fire protection. He stated that by increasing the size of those mains, adequate water pressure and flow will be available to ensure that those . issues are addressed. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Rudberg thanked Dr. Hunt for "a great job done through extenuating circumstances" . Commissioner Youngman asked if any change will be made in the chart showing when projects may be needed, based on population projections. She noted that the current population is greater than the chart projects, which throws off all future projections. She stated that, when coupled with a growth rate that exceeds the growth rate contained in the projects, the problem is compounded even further. Dr. Hunt acknowledged that the population projections contained in the report are currently running behind the actual counts and growth rate. He cautioned, however, that the . growth rate upon which the report is developed is based on the past sixty years and, while growth occurs in curves rather than in a straight line, the projections over the life of the plan are probably relatively accurate. He then indicated that, prior to preparing the final plan, he will review those figures to determine if any adjustments may be appropriate. Dr. Hunt stressed the importance of considering actual annual water usage rather than population figures when determining the need for future improvements. He noted that the data for the last eight to ten years reveals that, while the population has grown consistently, the water usage has remained relatively constant. Responding to City Manager Johnson, Director of Public Service Forbes stated the next step in the process is to incorporate information from this public hearing into the final document through the creation of an executive summary response. After the plan has been completed, . it will be submitted to the Commission for adoption, probably within the next month. The Commission thanked staff and Dr. Hunt for the presentation. 02-17-98 ----- - 21 - Continued Dublic hearina - Conditional Use Permit with variances from Sections 18.65.070.C.. to allow two signs on site which exceed maximum size allowed, and 18.24.060, to allow building to exceed allowable height on west end by 3 feet 3 inches - B.Q.C.A., L.L.C. - lot 10B, Tai lane Addition (1825 South 11th Avenue) (Z-97168) This was the time and place set for the continued public hearing on a Conditional Use Permit, as requested by a.O.C.A., L.L.C., under Application No. Z-97168, to allow construction . of a 22,960-square-foot building for use as a dental and professional office building, with variances from Section 18.65.070.C., to allow two signs on the site which exceed the maximum size allowed, and Section 18.24.060, to allow a building to exceed the allowable height on the west end by 3 feet 3 inches. The subject property is described as lot 10B, Tai lane Addition, and is more commonly known as 1825 South 11 th Avenue. Mayor Stiff opened the continued public hearing. City Manager Johnson noted a letter from Mr. Mike Certalic expressing concern about the proposed height of the Skyview Professional Building, particularly in light of the negative impacts this might have on the light in the Resurrection Parish for its early morning services. Associate Planner Jody Olsen reviewed this application. She noted that the applicant . proposes to construct a 22,960-square-foot building for dental and professional offices on a parcel which is zoned "R-4", Residential--High density, at the northwest corner of the intersection of Kagy Boulevard and South 11 th Avenue. She stated that in conjunction with the new structure, the applicant is seeking a variance from Section 18.65.070.C. of the Bozeman Municipal Code to allow two signs on the site. One is to be a 32-square-foot low- profile monument sign and the other is a 20-square-foot wall-mounted sign. The Associate Planner reminded the Commission that in residential zoning districts, one 4-square-foot sign is allowed. She then noted the second variance is from Section 18.24.060, to allow the building to exceed the allowable height of 38 feet for buildings with roof pitches of 3: 12 or greater. The Associate Planner stated that the applicant originally sought a variance to exceed the allowable height on the west end by 6 feet 9 inches; however, the architect has submitted a . revised drawing under which the height would be exceeded by 3 feet 3 inches. She noted that the revised drawing is what the Planning Board considered and is the request before the Commission at this time. The Associate Planner stated that staff has reviewed this application for conditional use permit in light of the seven criteria set forth in the Bozeman Municipal Code, and staff's 02-17-98 - 22 - comprehensive findings are contained in the written staff report which was previously distributed to the Commission. She briefly summarized those findings, noting that staff determined that, with conditions, this request would meet those criteria. The Associate Planner then stated that staff reviewed the two requested variances in . light of the three criteria established by the Montana Supreme Court and contained in the Bozeman Municipal Code. She noted that staff found the variance request for the signage does meet the three criteria and has, therefore, forwarded a recommendation for approval. She noted that staff did not find that the variance request for the height is in compliance with the criteria and, therefore, has forwarded a recommendation that it not be approved. Associate Planner Olsen stated that the City-County Planning Board conducted its pUblic hearing on this application at its January 21 meeting. As a result of questions and concerns raised at that time, the hearing was continued to February 3, at which time the Board considered additional information. Follow the public hearing and review of the criteria and staff recommendations, the Planning Board voted to forward recommendations for approval of the conditional use permit, with conditions, and the variance for signage. The Board also . forwarded a recommendation that the requested variance for height not be approved. The Associate Planner reviewed the recommended conditions for approval of the conditional use permit. She noted that the City Attorney has indicated the language added to Condition No.9 by the Planning Board is inappropriate and should, therefore, be eliminated. She then noted that during last week's agenda meeting, Commissioner Frost raised a question about the lighting fixtures proposed for the site. She stated that after review of the detail for the lighting, the Planning Director and Assistant Planning Director concluded that the lighting does not comply with code requirements. As a result, she forwarded a recommended condition to be added under which compliance would be required. Associate Planner Olsen stated the Planning Office has received two letters regarding this application. She noted that one is from Father Robert Hall of the Resurrection Parish, . forwarding several concerns and questions about the project. She stated the other is from Gene Cook regarding the looping of the water system for both this project and his property, which lies across Kagy Boulevard from this subject parcel. Mr. Jerry Taylor, Taylor Architects, representing the applicant, addressed the issue of the height variance. He stated that, with the 25~foot setbacks on two street frontages the 02-17-98 ------ .- -.....----- ---.-.-- - 23 - buildable area is somewhat compressed. He noted that the building must be large enough to accommodate offices for four dentists and the required number of parking spaces. He noted that, given all of these factors, the configuration of the building became wider than he would have liked and that, in turn, resulted in a higher roofline. . Mr. Taylor stated that the soil on the subject site does not provide a good base for construction. He noted that has been further negatively impacted with approximately five feet of fill dirt from one of the University projects. As a result, all of the fill dirt and much of the dirt on the site must be excavated before filling with good dirt construction may begin. He stated that under the proposed plans, Kagy Boulevard will be eight feet higher than the entrance of the building. He noted that because of the slope of the lot, the building may actually be 44 feet tall on the west end, and the building he is proposing is to be 47 feet 3 inches. Mr. Taylor stated that the design of the building includes a rather steep roofline, with a character that matches many of the buildings on the Montana State University campus. He recognized that a building with a flat roof could be constructed on the site and meet the code . requirements; however, he cautioned it would be inappropriate on this site. He characterized the site as being highly visible since it is located at the intersection of South 11 th Avenue and Kagy Boulevard. Mr. Taylor noted that after the initial meeting with the Planning Board, he redrew the plans to reduce the amount of the height variance needed by slightly reducing the pitch of the roof. He stressed that this variances is on the west end of the structure, which does not have any street frontage. He noted that on the east end, the building is to be virtually the same height as the MSU Alumni Building, which is located at the corner of South 11 th Avenue and Lincoln Road. Mr. Taylor stated he feels the applicants have a good agreement with the adjacent landowner for addressing the water problems. He expressed concern about the requirement . to loop the water system because of its cost, noting that could have a serious economic impact on the project. He recognized that providing for pay backs in the future could help to address some of those concerns. Mr. Jerry Taylor said his clients recognize the need for sidewalks along Kagy Boulevard and realize it is their responsibility to install them. He noted, however, that they do not wish 02-17-98 ------ - 24 - to be responsible for installing those sidewalks twice because of future improvements to Kagy Boulevard. He stated that when that concern was raised during the Planning Board's hearing, they revised the conditions to include the recognition that that would not occur. Dr. Lance Lerner, one of the owners, stated that he spoke to Father Bob at the . Resurrection Parish about his concerns about the height of the building and the potential that it would block the light to the Parish, particularly during its early morning services. He stated that as a result of that discussion and a review of the blue prints, Father Bob seemed to feel comfortable with the project and, in fact, support it. He noted that the Resurrection Parish is set further back from the street than this building will be, and that will help to alleviate some of the problems with reducing the light to the church. He reminded the Commission that the subject property is zoned "R-4", and apartments could be constructed along essentially the length of the property. He noted that would have dramatically more impact on the church, its light and its views. Dr. Lerner noted that the applicants are four local professionals with long ties to the community, and a desire to build a structure in which to continue their careers for another . fifteen to twenty years. He noted there have been many different projects proposed for this site, which is located at a major corner of the University campus, over the years but none has been developed to date. Dr. Lerner noted that Montana State University lies immediately east of this subject property. He recognized that MSU is exempt from the City's zoning regulations and, as a result, many of the buildings on campus are taller than would be allowed under the code. He stated that to develop a project on this site which is compatible with the campus development is preferable to a project which simply meets the code. Dr. Lerner stressed that the owners are interested in building a structure of which they can be proud. He noted that everyone they have spoken with has been encouraging and very supportive of their proposal. . Dr. Lance Lerner addressed the issue of height. He stated that, since the subject building is to be used for dental offices, the appropriate ventilation system for medical offices must be installed. He noted that this includes a 3 % to 4-foot access space between floors which must be provided. He stated that, as a result, the height of the building is taller than a professional building. 02-17-98 .-.-....-- .-.- .--.------ --.-..-- - 25 - Dr. Lerner stated he does not want to see their structure constructed with a flat roof, noting that such roofs do not work well in this climate. He then noted that the proposed pitch line, while it will result in a taller building than allowed under the code, will result in a more attractive structure that is compatible with the area. He further noted that the building, which . is three stories on the west end, and the entryway from that end is well below the street level because of the excavation required. Dr. Lerner noted that at the football stadium, located across the street from the subject property, the pressbox is approximately 72 feet high, and the ends will be 60 feet high. He then noted there are many new structures in the community, both commercial and residential, which meet code, many of which he does not feel are good designs for this area. He concluded by noting that the community has the opportunity for an attractive building on this site, with the approval of a slight variance, and encouraged Commission approval. Ms. Nancy Characklis stated her support for the proposed structure and encouraged Commission approval of the requested variance. She characterized it as an asset to the community, particularly at this corner of South 11 th Avenue and Kagy Boulevard. She noted . that the architect has revised the structure, to minimize the variance needed while maintaining the integrity of the structure. She concluded by requesting Commission support of the variance. Mr. Bill Mitchell, member of the City-County Planning Board, encouraged the Commission to approve the requested height variance, citing the medical office needs as a basis upon which that determination can be made. Mr. Phil Rotherham, local contractor, addressed the soil on the subject site. He stated the existing soil has a very plastic content, and much of the dirt must be removed to provide a base which will support a building. He noted that the applicant is proposing to construct a building and parking lot at well below the level of the street, which will create some drainage issues that would not exist if they were built at street level. He noted, however, that building . the project as proposed will result in a lower and more compatible building. Responding to Commissioner Frost, Associate Planner Olsen stated that the Planning Board reviewed the requested variances in conjunction with the conditional use permit and then forwarded a recommendation on the project as a whole. She indicated that the Planning Board did not review the variances in light of the three criteria established by the Montana Supreme 02-17-98 - 26 - Court and did not develop any specific findings regarding the variances in developing its recommendations to the Commission. Responding to Commissioner Frost, Planning Director Epple stated that the pressbox at the football stadium is 72 feet high and is set back 400 feet from South 11 th Avenue and 500 . feet from Kagy Boulevard. Associate Planner Jody Olsen stated that the shortest elevation on the proposed building is 39 feet 6 inches, which still exceeds the height allowed under the zone code. She noted that the provision in the zone code allowing for calculation of additional heights is designed to allow for development of hillside lots, and the intent of the code is that the shortest height meet the height restrictions. She stated that, in this instance, the maximum height allowed under the zone code is 38 feet. Responding to Commissioner Rudberg, the Planning Director stated that the 40-foot height of the Alumni Building is measured from the lowest elevation. Responding to Commissioner Rudberg, City Attorney Luwe stated that conditions can be attached to approval of conditional use permits to ensure that the public welfare and safety . are protected. He cautioned, however, that those conditions may not appropriately be applied to third parties. He stressed that this does not preclude the applicant from working with staff to develop agreements to address specific items, such as a payback agreement for the water line. Mayor Stiff expressed concern about the issues raised in the letter from Mike Certalic. particularly the issues surrounding the light in the church. He then asked about the locations of the existing church structure and the proposed new structure. Mr. Bill Mitchell estimated that the church sits 60 to 70 feet from South 11 th Avenue, while the new structure would be set back 25 feet from the street. Commissioner Youngman cautioned that in the winter, when the sunrise is in the southeast, the new structure would block the direct sunlight. . Responding to Commissioner Frost, the City Attorney stated that the City has not entered into any payback agreements for utilities recently, although staff is currently working on developing agreements for a couple of other projects. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. 02-17~98 ---- ------...-..... - 27 - It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the requested variance from Section 18.65.070.C. of the Bozeman Municipal Code to allow two signs on the site, a 32-square-foot low-profile monument sign and a 20-square-foot wall-mounted sign. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Commissioner Frost stated that, while the requested sign variance meets all three of the criteria established by the Montana Supreme Court, he does not believe that the requested height variance does. He also noted that a variance cannot be granted based on financial reasons. He then stated that, while the proposed building is very attractive, he cannot support the requested variance. Commissioner Rudberg stated her support for the requested height variance, noting she feels the Commission has some flexibility in making decisions on variances. She noted that the subject site is located adjacent to the Montana State University campus, where the zone code height restrictions do not apply, and the proposed design and height are compatible with the . surrounding development. She also noted that with the additional height needs of the medical facilities, she feels the variance meets the criteria established by the Montana Supreme Court. She noted the alternative to approving this variance is constructing a building with a flat roof, which she feels in inappropriate in this area. Commissioner Smiley stated her support for the proposed height, noting that the result would be an attractive building with essentially no negative impact on the surrounding area. She stated that the medical equipment needs provide the basis upon which the variance may be granted. She noted the proposed building is located close to the Fieldhouse and the football stadium, and she believes the building as proposed would be compatible and blend with those facilities and other facilities in the area. Mayor Stiff stated his support for the requested height variance, noting he feels it is . justifiable from the medical standpoint. He said the proposed structure would tie nicely to the beautiful medical complex on Highland Boulevard. He stated that this proposed facility would be in the community's best interests. Commissioner Youngman stated that if a variance were a judgment call, she would support the requested height variance, noting she feels the proposed structure is attractive. 02-17~98 -" ----... -- ,.- -----------.- - 28 - She also recognized the limitations imposed because of the medical construction requirements. She stated, however, that the criteria established by the Montana Supreme Court must be met before a variance may be granted and, in this instance, she does not believe that has been done. She noted that one of the criteria pertains to a physical hardship unique to the property. . She stated that since this is raw land without any major topographical features or constraints, that criterion has not been met. She suggested that some creative solutions are still available for constructing a building on the site which meets the height requirements and which does not have a flat roof. Commissioner Smiley noted that the City has been asking the community to be more innovative in the designing of new structures, and she feels this proposal responds to that request. She then stated that she feels there are adequate reasons upon which this request can be based. Commissioner Frost reiterated his concern that the variance process is very stringent, with set criteria which must be met and with no provision for flexibility. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission deny the requested variance from Section 18.24.060 of the Bozeman Municipal Code, to allow a 22,960-square-foot building to be used for dental and professional offices on Lot 10B, Tai Lane Addition, to exceed the allowable height on the west end by 3 feet 3 inches. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff. Since a zoning variance requires four affirmative votes for approval, and in light of the split on the previous vote, the Commissioners chose not to place another motion on the floor. Break - 8:25 to 8:30 p.m. Mayor Stiff declared a break from 8:25 p.m. to 8:30 p.m., in accordance with . Commission policy. 02-17-98 - 29 - Continued Dublic hearing (continued) - Conditional Use Permit with variances from Sections 18.65.070.C.. to allow two siems on site which exceed maximum size allowed. and 18.24.060. to allow building to exceed allowable height on west end bv 3 feet 3 inches - 8.0.C.A.. 1.1.C. - Lot 108. Tai Lane Addition (1825 South 11th Avenue) (Z-97168) Mayor Stiff noted that, in light of the previous votes, the Commission has granted the requested variance to allow two signs on the site and not granted the requested variance to . allow the building to exceed the height limit. He noted that the Commission must now act on the conditional use permit to allow the development of a medical and professional office building on the subject property. He then forwarded his support for the project. Commissioner Frost stated his support for the conditional use permit, with the conditions as recommended by the City-County Planning Board and the Planning staff, as amended by the City Attorney. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit, as requested by B.O.C.A., L.L.C., under Application No. Z-97168, to allow construction of a 22,960-square-foot building for use as a dental and professional office building on Lot 10B, Tai Lane Addition, subject to the following . conditions: 1. The applicant will be required to provide and file with the Gallatin County Clerk and Recorder's Office executed waivers of right to protest the creation of SIDs for the improvements listed below. The waiver shall specify that in the event SIOs are not utilized for the completion of these projects, the applicant agrees to participate in an alternate method of financing for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, traffic contribution, or a combination thereof. The waiver shall be for the following improvements: a. Street improvements to Kagy Boulevard including curb and gutter, paving, drainage facilities; b. Intersection improvements to Kagy Boulevard and South 19th Avenue including signalization; c. Intersection improvements to Kagy Boulevard and South 11 th Avenue including signalization; d. Water system improvements including the master planned trunk main in Kagy Boulevard or it's equivalent. . 2. The two (2) inch water service line is to be taken straight into the building from the eight (8) inch main in Kagy Boulevard. The City of Bozeman will make the complete installation into the meter with the entire cost being borne by the developer. A written estimate will precede the application for water and sewer upon request. 3. Sanitary sewer service shall be installed from the eight (8) inch main in Kagy. The water and sewer may be installed simultaneously in the same ditch, following the Uniform Plumbing Code, Section 1108. The City of 02-17-98 ._..._____________._n_.. __ _.... ._... _ ..._ _......_...____ - 30 - Bozeman will install this property line with the cost borne by the developer. 4. If the project is not required to have an automatic fire sprinkler system as a building code requirement, Uniform Fire Code, Table III-A compliant fire flows shall be provided to the site. If compliant fire flows are not available, the building shall be protected throughout by an approved automatic fire sprinkler system. However, in no case shall there be less . than 1,500 gallons per minute available on site. The necessary water system improvements (including the looping of the water main in Kagy Boulevard) required to meet fire flow or fire protection requirements of the National Fire Code and the City Fire Marshall shall be installed and accepted by the City of Bozeman prior to issuance of a building permit. If it is necessary for the applicant to solely finance the looping of the water main, the City of Bozeman will enter into an equitable pay back agreement in accordance with standard City policy, not recommended to extend over 7 years. (Board modification of recommended Development Review Committee condition.) 5. Plans and specifications for any fire service line or hydrant relocation shall be prepared and signed by a professional engineer (PE) registered in the State of Montana and shall be provided to and approved by the City Engineer prior to initiation of construction of the fire service, fire protection system or hydrant relocation. Plans and specifications for the fire service line shall be prepared in accordance with the City's Fire Service Line Policy. The applicant shall also provide professional engineering services for construction inspection, post ~construction certification, and preparation of mylar record drawings. The hydrant . relocation work shall be completed and accepted by the City prior to issuance of a building permit. 6. A street cut permit application shall be completed and submitted to the Engineering Department for the cutting of Kagy Boulevard. The City has a street cut moratorium on the period of seven (7) years following the initial paving, or any subsequent repairing of a street during which no street cut permits will be issued. Kagy was built during 1992-93 so the moratorium would apply to Kagy Boulevard. However, new fire sprinkler service lines that are required by the City Fire Marshall are exempt from the street cut moratorium. 7. An occupancy permit may be required by the Montana Department of Transportation (MDT) for location of water and sewer services within the State's right-of~way. Coordination of grades and installed depths of infrastructure should be designed with due consideration given to the future grade of Kagy Boulevard. The applicant is responsible for obtaining the necessary approvals from the MDT. 8. The two proposed culverts shall be connected and adequate cover placed on the pipe throughout. . 9. The applicant will be required to install sidewalk at the standard location, that is, one foot from the property line, along the north side of Kagy Boulevard adjacent to this development. Any necessary drainage facilities required to accommodate this sidewalk shall also be installed. Plans and specifications for the street improvements, prepared by a professional engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer prior to final site plan approval. Sidewalk improvements shall be completed prior to occupancy. The profile of the new sidewalk shall match the profile of the existing road along the length of the project. 02-17-98 -- ------ ----- ------- - 31 - The applicant shall not be responsible for replacement costs of the required sidewalk if it is damaged or destroyed during construction of improvements to Kagy Boulevard. (Board modification of recommended Development Review Committee condition. I 10. Curbing adjacent to the parking lot in the northwest corner of the project shall be extended to the property line. . 11. The northern-most disabled accessible parking space shall be designated as van accessible. 12. The one way drive aisle(sl shall be signed as such with ONE WAY and/or DO NOT ENTER signs. The location of, and a detail for, such signage shall be included with the final site plan. 13. Any lighting fixtures proposed for the site shall incorporate cut-off shields to direct light downward, and luminaires shall not be visible from adjacent streets or properties. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - Zone Code Amendment - repeal Section 18.50.035.1 Dertainina to regulation of noise and add Section 8.44 to Drovide for regulation of inadeauately controlled noise . (Z-97181) This was the time and place set for the public hearing on a Zone Code Amendment, as requested by the City Commission under Application No. Z-97181, to repeal Section 18.50.035.1 pertaining to the regulation of noise and add Section 8.44 to provide for the regulation of inadequately controlled noise. Mayor Stiff opened the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission continue the public hearing until the Planning Board has had the opportunity to review it and forward a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . Public hearina - Zone Code Amendment - amend Section 18.65.155 to Drovide for regulation of sians erected in conjunction with non-Drofit activities on Dublic DroDertv (Z-97182) This was the time and place set for the public hearing on a Zone Code Amendment, as requested by the City Commission under Application No. 2-97182, to amend Section 02-17-98 - 32 - 18.65.155 of the Bozeman Municipal Code to provide for regulation of signs erected in conjunction with non-profit activities on public property. Mayor Stiff opened the public hearing. Planning Director Andy Epple presented the staff report. He reminded the . Commissioners that this issue arose last summer, as a result of signs being erected at the Little League baseball fields on West Babcock Street. He noted that, following discussion about the issue of signs on public property in conjunction with non-profit activities, the Commission directed staff to bring back a ZOne code amendment. The Planning Director stated that staff has prepared a proposed zone code amendment and then evaluated that amendment in light of the twelve criteria established in the Montana Code Annotated. He stated that the staff's comprehensive findings are contained in the written staff report which was previously distributed to the Commission. He briefly summarized the proposed amendment, noting that under this amendment, signs not exceeding 32 square feet, oriented toward the spectators, may be erected during the season for a particular activity. He noted that no advertising for alcoholic beverages or tobacco products will be allowed, and no . signs will be allowed in the site triangle. The Planning Director stated that the City-County Planning Board conducted its public hearing on this requested zone code amendment at its February 3 meeting. Following the public hearing and review of the criteria, the Planning Boa rd concurred in staff's recommendation for approval. No one was present to speak in support of or in opposition to the proposed zone code amendment. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Zone Code Amendment, as requested by the City Commission under Application No. Z-97182, to amend Section 18.65.155 of the Bozeman Municipal Code to . provide for regulation of signs erected in conjunction with non-profit activities on pUblic property, and authorize and direct staff to bring back an ordinance enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. 02-17-98 -- ~ 33 - Public hearing - Zone Code Amendment - amend Section 18.65.070.C.3 to provide for reaulation of signs in residential zoning districts and 18.65.020 to establish definition of "non- commercial speech" (Z-97183) This was the time and place set for the public hearing on a Zone Code Amendment, as requested by the City Commission under Application No. Z-97183, to amend Section . 18.65.070.C.3 of the Bozeman Municipal Code to provide for regulation of signs in residential zoning district$, and Section 18.65.020 to establish the definition of "non-commercial speech". Mayor Stiff opened the public hearing. Planning Director Andy Epple presented the staff report. He reminded the Commissioners that this amendment has been forwarded at their request, in light of a number of projects in residential zones for which signage variances were requested. He noted that those included a church, a private school, and a professional office building. He reminded the Commission that the zone code currently limits signage in any residential district to 4 square feet. The Planning Director stated that under this amendment, permitted non-residential uses in residential zones would be allowed the type of signage allowed in the "B-1", Neighborhood . Service, District, and non-residential conditional uses in residential zones would be allowed the type of signage allowed in the "R-O", Residential--Office, District. He stressed that under this amendment, home occupations would still be required to conform with the existing signage limitation, which is 4 square feet. The Planning Director stated that this proposed amendment also includes a definition of "noncommercial speech", or political signage. He noted that this issue is not currently addressed in the sign code, and no special permit is required for this type of sign. Planning Director Epple stated that the City-County Planning Board considered this proposed zone code amendment at its meeting held on February 3. Following its public hearing and consideration of the criteria and the written staff findings, the Planning Board forwarded a recommendation for approval of the amendment, with the addition that a 1-square-foot sign . be allowed in the setback, on a mailbox or light post or possibly a fence. He noted that, particularly in a more rural type setting, where a structure may be set back a significant distance from the road, having a small sign on a mailbox is important. He then cautioned that if this type of signage is allowed for a non-residential use in a residential zone, it must also be allowed for a "noncommercial speech" sign. 02~ 17-98 .- --- --. .----.. -. -----... - 34 - Responding to Commissioner Rudberg, City Attorney Luwe said the "noncommercial speech" sign is different from the campaign signs that are posted for up to ninety days prior to an election. He stated that the type of sign covered under this provision would typically be one which makes a statement about a viewpoint but which does not pertain to a specific . business. He stressed that care must be taken to ensure that this type of signage is treated no less favorably than commercial signage since the Constitution treats both of them equally. Commissioner Smiley stated she did a little research on the type of signage proposed by the City-County Planning Board. She then distributed copies of pages from a catalog showing what types of freestanding signs are available. She suggested that if the Commission allowed 1 Y:z to 2 square feet of signage, then most of these attractive signs could be accommodated. She then proposed that, rather than requiring the sign to be attached to a mailbox or light post, she feels that the sign should be allowed on its own post within the setback. Responding to Mayor Stiff, Planning Director Epple stated he has no problem with Commissioner Smiley's proposal. He cautioned, however, that a mailbox is typically located . in the public right-of-way. Responding to Commissioner Smiley, the Planning Director stated that under the zone code amendment as submitted, no change in the signage allowed for home occupations is contemplated. He then noted that if the Commission wishes to allow more than 4 square feet of signage for a home occupation, additional changes will be required. City Attorney Luwe cautioned that, depending on how the notice for this pUblic hearing was written, it is possible that some of the issues raised cannot be considered at this time. Break - 8:55 to 8:58 c.m. Mayor Stiff declared a break from 8:55 p.m. to 8:58 p.m., in accordance with Commission policy. . Public hearina - Zone Code Amendment - amend Section 18.65.070.C.3 to crovide for regulation of signs in residential zonina districts and 18.65.020 to establish definition of "non- commercial sDeech" (Z-97183) Planning Director Andy Epple stated that the City Attorney has determined the notice is broad enough for the Commission to consider Commissioner Smiley's suggestion. The 02-17-98 - 35 - Planning Director then forwarded a proposal, in light of the information submitted by Commissioner Smiley, that would allow signage for home occupations as follows: four square feet outside the setback requirements, 1 Y2 square feet of freestanding signage set a minimum of five feet from the property line and outside all site triangles, and 1 square foot of signage . on a mailbox or light post located within the public right-of-way. Responding to Commissioner Rudberg, the Planning Director stated that signs currently located on mailboxes are considered non-conforming signs and would not be impacted by this amendment unless the owner proposes some type of change. No one was present to speak in support of or in opposition to the zone code amendment. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Code Amendment, as requested by the City Commission under Application No. Z-97183, to amend Section 18.65.070.C.3 of the Bozeman Municipal Code to provide for regulation of signs in residential zoning districts, and Section 18.65.020 to . establish the definition of "non-commercial speech", as amended to allow a three-tiered signage option for home occupations that includes 1 square foot of signage on a mailbox or lamp post, 1 Y2 square feet of freestanding signage located a minimum of 5 feet from the property line and outside site triangles, or 4 square feet of signage outside the front yard setbacks, and authorize and direct staff to bring back an ordinance enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Adjournment - 9:15 D.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Smiley, Commissioner Youngman and Mayor Stiff; those voting No, none. 02-17-98 --...........-....--- .----.----- -.----- - 36 - ~/~ ~ -... ALFR . STIFF, Mayor --, " ATTEST: -- - ~ -- - .- . ---~ -- --- - - ~:r~ ' ROBIN L>-SUl--UVAN Clerk of the Commission . . 02-17-98