HomeMy WebLinkAbout1996-02-20 Minutes, City Commission
MINUTES
OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,
MONTANA
February
20, 1996
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, February 20, 1996, at 3:00 p.m.
Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman,
City Manager Wysocki, Staff Attorney/Prosecutor Wordal in the afternoon
session and City
Attorney Luwe in the evening session, and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Mayor Stueck asked if any of the Commissioners wished to remove any of
the Consent
Items for discussion. City Manager Wysocki requested that the Rules of
Procedure be removed
for discussion.
Minutes - January 22. January 29. February 5 and February 12. 1996
. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
minutes of the meetings of January 22, January 29, February 5 and February
12, 1996, be
approved as submitted. The motion carried by the following Aye and No vote:
those voting
Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost,
Commissioner
Youngman and Mayor Stueck; those voting No, none.
Conditional Use Permit - Marvin and Judy Cowdrey - allow construction of
two 12-unit
aoartment buildinas in existina aoartment comolex on Lots 1 throuah 3.
Block 1. University
Sauare Subdivision (504 South 22nd Avenue) (2-95158)
This was the time and place set for review of the Conditional Use Permit,
as requested
by Marvin and Judy Cowdrey under Application No. Z-95158, to allow construction
of two 12-
unit apartment buildings in the existing apartment complex located on Lots
1 through 3, Block
. 1, University Square Subdivision. The subject site is more commonly located
at 504 South
22nd Avenue.
City Manager Wysocki stated that this application was the subject of a
public hearing
before the City-County Planning Board at its February 6, 1996, meeting.
He reminded the
Commission that under the new process, the Planning Board conducts the
public hearings on
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conditional use permits; and the Commission bases its decision on the record
from that hearing
and the recommendation forwarded by the City-County Planning Board.
Responding to
Mayor Stueck, City Manager
Wysocki stated that
the parking
requirements for the entire development, including these two new buildings,
must be met. He
. noted that it appears those requirements have been met under this application.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission approve the Conditional Use Permit, as requested by Marvin and
Judy Cowdrey
under Application No. Z-95158, to allow construction of two 12-unit apartment
buildings in the
existing apartment complex located on Lots
1 through 3,
Block 1, University Square
Subdivision, subject to the following conditions:
1. The final
site plan shall be adequately dimensioned, conform to all
requirements
of the Bozeman Zoning Ordinance, and in addition to the
information
shown on the preliminary plan, shall show the following:
a)
Disabled parking
spaces, which shall
also be
appropriately signed. A detail of the sign,
which
complies with Section 18.50.120.F.3, shall be shown on
the final site plan.
b)
One bike rack for each new structure shall be provided,
.
with a detail of the rack shown on the final site plan.
c)
One boulevard tree shall be planted for each 50 feet of
street frontage on West Koch Street and the section of
South 22nd Avenue adjacent to the new structures.
The trees shall be planted in the boulevard between the
curb and the new sidewalk. Species shall comply with
Section 18.50.100.F(I) of the Code.
d)
A minimum of two (2) off-street parking spaces for each
dwelling unit in the entire development.
e)
Clearly identify what improvements are proposed and
what improvements are existing.
2. One trash
enclosure for the entire development shall be provided in a
location
acceptable to the City Sanitation Department (area of three
parking
spaces south of new parking lot is suggested). The enclosure
shall
be appropriately sized for the number of dumpsters required for a
58-unit
residential development. A detail of the trash enclosure shall be
provided
on the final site plan with the location and size subject to
. approval
by the City Sanitation Department.
3. A detail of all new light fixtures shall
be provided on the final site plan.
All
new light fixtures, including freestanding as well as
building
mounted,
shall be arranged to deflect light down and/or away from
adjacent
properties and streets. Lighting standards shall not exceed a
height
of 20 feet. Lighting fixtures must incorporate cut-off shields to
direct
light downward. Luminaires shall not be visible from adjacent
streets
or properties.
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4. The size
and location of all water and sewer service lines, fire hydrants
within
500 feet of the site, and easements, both existing and proposed,
shall
be shown on the final site and landscape plans. Service lines shall
not be
installed under one building to serve another building. Curb
boxes
shall be placed at the edge of the utility easement.
5. An accurate,
dimensioned detail of domestic water meter location on
the inside
of the building must be shown on the final site plan. The
. minimum
room size, based on 2-inch service, is 8 Y2 feet by 7 % feet, if
domestic and fire meters are in the same
room. If the structures are
sprinklered, an accurate, dimensioned detail
of the fire service riser
location
inside of the building must be shown on the final site plan. If
a 2-inch
fire line is specified, calculations must be provided by a design
engineer
showing adequate sizing for the system.
6. If the
fire service line is 4 inches or larger, the plans and specifications
for the
line must be prepared by a professional engineer, licensed in the
State
of Montana, in accordance with the City's Fire Service Line Policy
and submitted
to the City Engineer for review and approval prior to
initiation
of construction of the fire service or fire protection. The
applicant
shall further provide professional engineering services for
construction
inspection, post-construction certification, and preparation
of mylar
record drawings.
7. A Stormwater
Drainage/Treatment Plan and Maintenance Plan for a
system
designed to remove solids, silt, oils, grease, and other pollutants
from
the run-off from the private and/or public streets must be provided
to and
approved by the City Engineer. The plan must demonstrate
adequate
site drainage (including sufficient flow directional arrows and
spot
elevations along drainage courses!. stormwater detention/retention
. basin
details (including basin sizing and discharge calculation and
discharge structure details), stormwater
discharge destination and a
stormwater
maintenance plan. If the grading design discloses any
adverse
impact to off-site properties, necessary design alterations and/or
drainage
conveyance devices and easements must be provided.
The Stormwater
Drainage/Treatment Plan shall include a Maintenance
Plan
which must be provided to and approved by the City Engineer. The
plan
shall include the following: description of maintenance operations,
frequency
of inspections and maintenance, responsible parties and
record
keeping methodology.
8. The right
to use and occupancy permit shall be contingent upon the
fulfillment
of all general and
special cond itions imposed
on the
Conditional
Use Permit procedure.
9. That
all of the special conditions shall constitute restrictions running
with
the land use and shall be binding upon the owner of the land, his
successors
or assigns.
10. That
all conditions specifically stated under any Conditional Use listed
. in the
Zoning Ordinance shall apply and be adhered to by the owner of
the land, successors or assigns.
11 .
That all of the special conditions required by the City Commission shall
be consented
to in writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
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Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg
and Mayor
Stueck; those voting No, none.
Conditional Use Permit - AWARE GrouD Home/Larry Noonan. Director - allow
oDeration of youth
group home in existing house located on Parcel B. cas No. 1790A. in the
SE%. Section 18.
T2S. R6E. MPM (1707 South Church Avenue) (2-95155)
. This was the time and place set for review of the Conditional Use Permit, as requested
by Larry Noonan on behalf of the AWARE Group Home, under Application No.
Z+95155, to
allow the operation of a youth group home in an existing house located
on Parcel B, Certificate
of Survey No. 1790A, in the southeast one-quarter of Section 18, Township
2 South, Range
6 East, Montana Principal Meridian. The subject site is more commonly located
at 1707 South
Church Avenue.
Project Planner Christopher Williams presented the staff report. He distributed
copies
of his memo dated February 20 to the Commission.
He stated that Mr. Bill Phillips, the
property owner, has raised questions and concerns about Condition No.2
as recommended by
the City's Engineering Department.
He noted that conversations with members of the
. Department reflect that, in this instance, a six- to twelve-inch deep depressed
grassy area will
be required accommodate any run-off from the paved driveway. He noted that
his memo also
contains revised language for Condition No.8. Since the property is located
outside city limits,
staff feels it would be appropriate to require waivers of right to not
only protest SID's, but
RID's or a combination SID/RID as well.
Responding to Questions from Commissioner Rudberg, Project Planner Williams
stated
that Mr. Phillips has forwarded his intent to tear down the old garage
and construct a new one
within the next five or six months.
He stated Condition No.5 was designed to ensure that
staff members could park in the garage, which is currently occupied with
boxes and refuse.
He noted that Condition No.4 provides for County Sanitarian inspection
of the existing septic
system to ensure that it is capable of accommodating the occupancy proposed.
. Mr. Joe Scalia, Program Director for AWARE, indicated a willingness to
respond to
Questions.
Commissioner Frost noted that in Mr. Noonan's memo dated February 6, reference
is
made to this site as a nice "alternative" to the home on South Rouse Avenue.
He asked if this
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is means that the home on South Rouse Avenue is to be closed; Mr. Scalia
responded that it
is not, rather, this home will be in addition to the existing group home.
Mayor Stueck stated he has several concerns that should be addressed to
Mr. Noonan.
He noted that when the neighborhood meeting was held prior to the home
being located on
. South Rouse Avenue, in response to an outcry from the residents in that area, Mr. Noonan
voluntarily told the audience that he would not locate another home in
Bozeman without
approaching the neighborhood.
He characterized these homes as a positive and wonderful
opportunity for the youth residing there; however, he is concerned about
the applicant's lack
of openness with the neighbors. He is also concerned about the applicant's
failure to keep his
word about working with neighborhoods when bringing future homes into the
community. He
asked Mr. Scalia to forward back to Mr. Noonan the message that he must
be more straight
forward and will be held accountable for the statements and promises which
he has made
about how he will conduct business in this community.
Mr. Scalia noted that he was present at the meeting which the Mayor has
referenced.
He stated that Mr. Noonan is hesitant to notify neighbors before a lease
has been secured
. because of the potential for a significant increase in costs.
Mayor Stueck recognized that concern. He noted, however, that once a lease
has been
obtained, it is imperative that someone from the group home meet with neighbors
to discuss
the issues. He suggested that this should serve to alleviate some of the
concerns which have
been expressed in the past and minimize the controversies which have arisen
over the two
AWARE homes proposed to date.
Commissioner Rudberg stated that after the neighborhood meeting, she talked
to Mr.
Hank Hudson from Helena; and he recognized that a different process was
essential to avoid
the neighborhood concerns and the controversies that surrounded the home.
She noted,
however, that when she approached Mr.
Larry Noonan and Mr. Bill
Phillips after the
Development Review Committee meeting for this project, she was informed
that he had no
. intention of meeting with the neighbors.
She then stated that her objection is not with the
group home, but with the process which the applicant has chosen to follow.
Commissioner Rudberg noted that the law under which the group home is coming
into
a neighborhood was actually passed to provide homes for the handicapped
and developmentally
disabled, to get those who were previously institutionalized back into
the communities. She
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suggested that, in light of the fact that this type of group home and potentially
pre-release
centers can utilize this law as well, the City should ensure a process
is established which
protects the integrity of the neighborhood.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that the
. Commission approve the Conditional Use Permit, as requested by Larry Noonan on behalf of
the AWARE Group Home, under Application No. Z-95155, to allow the operation
of a youth
group home in an existing house located on Parcel B, Certificate of Survey
No. 1790A, in the
southeast one-quarter of Section 18, Township 2 South, Range 6 East, Montana
Principal
Meridian, subject to the following conditions:
1 . That
the entire parking area be paved and shall satisfy the parking lot
requirements
as established by Section 18.50.120 of the Bozeman
Zoning
Ordinance;
2. A Stormwater
Drainage/Treatment Plan for a system designed to
remove
solids, silt, oils, grease, and other pollutants from the driveway
runoff
must be provided to and approved by the City Engineer. The plan
must
demonstrate adequate site drainage by means of flow direction
arrows
or spot elevations and stormwater detention/retention basin
details
including sizing and discharge calculations and stormwater
discharge
destination;
. 3. The final
site plan shall be adequately dimensioned. The extent of the
parking shall be clearly shown;
4. The applicant
must provide to the City a letter from the County
Sanitarian
stating that the existing on-site wastewater treatment system
is adequate
to meet the needs of the proposed use;
5. That
in order to minimize neighborhood impacts, the two~car garage be
renovated
as necessary for use as a parking facility, and that staff use
the inside
of the two~car garage for parking when on duty or attending
meetings;
6. That
an Occupancy Permit, issued by the Chief Building Official
certifying
that all applicable Uniform Building and Fire Codes have been
complied
with, be issued prior to occupancy of the structure or
commencement
of the use as a youth group home occurs, and that a
copy
of said Occupancy Permit be provided to the City-County Planning
Office;
7. If occupancy
of the structure or commencement of the use is to occur
prior
to the installation of the required outdoor, non~building site
. improvements
(i.e. paving the parking area) the applicant shall enter into
an Improvements Agreement with the City
to guarantee the installation
of the required improvements.
Said Improvements Agreement shall
include
detailed cost
estimates and construction
plans of the
improvement.
The Improvements
Agreement shall be secured by a method of security
equal
to one and one-half times the amount of the estimated cost of the
scheduled
improvements not yet installed. Said method of security shall
be valid
for a period of not less than twelve months; however, all
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secured
site improvements shall be completed by the applicant within
nine
months of occupancy to avoid default on the method of security;
8. That
the applicant provide documentation of executing at the Gallatin
County
Clerk and Recorder's Office a waiver of right to protest creation
of SID's,
RID's or SID/RID for improvements to South Church Avenue
prior
to final site plan approval. The waiver shall specify that in the
event
improvement districts are not utilized for the completion of these
. projects,
the owner shall agree to participate in an alternate financing
method for the completion of said improvements
on a fair share,
proportionate basis as determined by the
square footage of property,
linear
front footage of the property, taxable valuation of the property,
or the
combination thereof. Said waiver shall be a covenant running
with
the land and shall not expire. Should the property ever be
subdivided,
the waiver of right to protest shall only apply to the property
which
contains the existing single-family residence commonly known as
1707
SQuth Church Avenue;
9. That
the right to a use and occupancy permit shall be contingent upon
the fulfillment
of all general and special conditions imposed by the
conditional
use permit procedure;
10. That
all of the special conditions shall constitute restrictions running
with
the land use and shall be binding upon the owners of the land, his
successors
or assigns;
11 .
That all conditions specifically stated under any conditional use listed in
this
title shall apply and shall be binding upon the owner of the land,
successors
or assigns; and
. 12. That
all of the special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those
voting No being
Commissioner Rudberg.
Discussion - direction to staff re percent of surcharge to be included
in resolution of intent for
Wastewater Fund
Included in the Commissioners' packets was a memo from Administrative Services
Director Miral Gamradt, dated February 14, forwarding alternatives to the
proposal submitted
during last week's work session.
City Manager Wysocki reminded the Commission that at last week's meeting,
the
. Administrative Services Director submitted a proposal for a 25-percent surcharge, which is
projected to generate sufficient revenues to bring the Wastewater Fund
back to its Fiscal Year
1992 level in five years.
Commissioner Stiff stated that he discussed this item with the Administrative
Services
Director this morning. He noted that, while the Director projected a $
Y2 million deficit at the
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end of this fiscal year, the graphs suggest that the deficit may actually
be closer to $1 million.
He forwarded his continued position that the deficit should be addressed
more quickly than the
25-percent surcharge will provide.
He noted that, based on the material furnished in this
week's packet, if he were advising a client in the private sector, he would
suggest that a 62-
. percent surcharge be implemented for two years. He stated, however, that since this is the
public sector, he feels it would be more appropriate to implement a 42-percent
surcharge,
which is projected to address the fund's fiscal problems in three years.
Responding to Mayor Stueck, Administrative Services Director Gamradt stated
there are
no right or wrong answers; however, the problem must be addressed. He stated
that as long
as the City can show that it has recognized the financial problem and is
addressing it in a
logical and realistic manner, the negative effects which the fund balance
may have on the
City's bonding abilities should be minimized.
He cautioned that the shorter the time for
resolving the financial problem, the greater is the potential that the
result will be a larger
balance than anticipated. He cited the special improvement districts in
Valley Unit Subdivision
as an example, noting that the Commission decided to spend the excess monies
on public
. improvement projects.
Responding to Commissioner Frost, the Director stated that over the past
several years,
staff has attempted to forward proposals for small adjustments for inflation
in all of the
enterprise funds; and the Commission has acted favorably on those proposals.
City Manager Wysocki stated that in the mid-1980's, just after the Commission
received a 60 + -percent increase in water rates, 22 people spoke at a
public hearing for a small
rate increase and, at that time, they encouraged the Commission to implement
small annual
rate increases instead of waiting for years and years and then implementing
a large increase.
He noted that, until October 1995, the Commission was limited to a 12-percent
increase under
State law; and now that restriction has been removed.
Mayor Stueck stated he feels it is imperative that the Wastewater Fund
be out of its
. negative position by the end of Fiscal Year 1998; and the charts reflect
that could be
accomplished with either a 32-percent or a 42-percent surcharge.
Responding to Commissioner Rudberg, City Manager Wysocki stated that for
the past
several years, the rate increases in the Wastewater Fund have been close
to the 12-percent
limit, in an effort to minimize the impacts of the Bozeman Solvent Site.
He noted that, because
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of the expenses involved in seeking a rate increase before the Public Service
Commission, staff
felt this would place the fund in the best financial position possible,
particularly in light of the
unknowns.
Mr. Stephen Green, owner of Scrubby's Car Wash, expressed concern about
the
proposed 42-percent surcharge. He noted that for the very large commercial
users, the
. increase could be dramatic. He stated that last month's water biil was approximately $2,000;
and he has installed a $20,000 pretreatment system at his business for
the wastewater.
Administrative Services Director Gamradt recognized that, while residential
bills vary
only slightly, commercial bill vary dramatically, with hotels and car washes
having high usages.
He noted, however, that under the proposed surcharge, those businesses
will be contributing
their proportionate share of the costs.
Responding to questions from the City Manager, staff estimated that on
the $2,000 bill
referenced by Mr. Green, the wastewater portion is $800.
City Manager Wysocki suggested that the Commission could adopt the resolution
of
intent to establish the surcharge at the suggested 42-percent rate.
He noted that, following
. the public hearing, Commission could enact a lower surcharge rate, based
on public input
received.
Commissioner Youngman stated her support for enacting a 32-percent surcharge.
She
recognized the importance of addressing the deficit position in this fund
on a more accelerated
basis than proposed in last week's presentation; however, she is concerned
about the impacts
that a 42-percent surcharge would have on the customers.
She stated that the lower
surcharge would show the City's good faith effort to address the fund's
financial condition, and
should avoid increased interest rates on future bond issues.
Commissioner Frost stated support for the proposed 25-percent surcharge,
since that
rate would spread the costs over a longer period of time and include future
residents of the
community.
He also noted that the lower rate would have less impact on the commercial
. users, particularly those with the high usages.
He noted that, based on the Administrative
Services Director's presentation, this level of surcharge should also adequately
address future
bonding concerns.
Commissioner Rudberg stated her support for the 32-percent surcharge, particularly
in
light of the unknown future costs of the Bozeman Solvent Site. She also
noted her interest in
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rebuilding the balance in this fund in a timely manner, so that the City
can become more
proactive in updating of the sewer mains, instead of remaining in a reactive
position.
City Manager Wysocki reminded the Commission that once the surcharge has
generated
the revenues needed to reach an acceptable fund balance, it can be removed.
He cautioned,
. however, that probably about the time the surcharge is removed, the City will be faced with
funding of expansion of the wastewater plant or acquisition of some major
equipment items;
and the wastewater rates may not reflect the elimination of the surcharge
because additional
revenues will be needed to retire the new debt.
Commissioner Stiff reiterated his support for a 42-percent surcharge, noting
that the
fund's problems are not limited to the Bozeman Solvent Site. He noted that
this proposed rate
will impact the average resident by less than $5.00 per month.
Mayor Stueck stated his concurrence with Commissioner Stiff's assessment
of the
issues. He suggested that the Commission should set the surcharge at a
level that will ensure
the fund balance is at a break-even point at the end of Fiscal Year 1998;
and from the graphs,
either the 32-percent or the 42-percent surcharge would accomplish that.
He noted that, when
. taking other factors into consideration, his preference would be the 32-percent
surcharge.
Administrative Services Director Gamradt stated that notice of the proposed
surcharge
must be appropriately advertised in the newspaper and mailed to all customers.
He indicated
that the notice must include the proposed rate of increase and impact of
that rate change on
the average bill.
Respondingto questions from the Commission, Staff Attorney/ProsecutorWordal
stated
that the Commission must establish a single percent of increase in the
resolution of intent. She
cautioned that the Commission may lower the percent, based on public input;
but it may not
increase the percent of increase without going through the process again.
On that basis, she
suggested that the Commission consider setting the proposed surcharge at
42 percent,
recognizing that it may be lowered prior to adoption of the resolution
setting the rate.
. The Commission concurred that the resolution of intent should reflect a
proposed 42-
percent surcharge on the wastewater rates.
Appointments to Downtown Bozeman Improvement District Board (lOB)
Included in the Commissioners' packets were a memo from Clerk of the Commission
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Sullivan, dated February 15, 1996, forwarding the list of applicants for
the newly-created
board, and a memo from Mayor Stueck, dated February 16, forwarding a proposed
slate of
appointments.
Mayor Stueck stated that all of the applicants were very well qualified;
and any
. combination of those applicants would have resulted in a good board. He reviewed his proposal
for composition of the board, noting that he had attempted to ensure as
many groups were
represented as possible.
He then forwarded a revision to that proposed slate, as a result of
conversations earlier in the day with Commissioner Frost.
Commissioner Youngman proposed an additional change in the slate, by switching
the
Emerson Cultural Center representative.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
that
the Commission concur in the Mayor's appointments to the Bozeman Downtown
Improvement
~istrict Board (lOB), as follows:
Voting
Larry Bowman
June 30, 2000
Steve Johnson
June 30, 2000
. Christopher Pope
June 30, 1999
Kathy Rinker
June 30, 1997
Steve Schnee
June 30, 1998
Non-voting
Barbara J.S. Bear
June 30, 1999
Edward M. Brandt
June 30, 2000
Bertram C. Hopeman
June 30, 2000
Kathleen Malone
June 30, 1998
Keith Swenson
June 30, 1999
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost
and Mayor
Stueck; those voting No, none.
Commission Resolution No. 3105 - establishing rules of Drocedure for conduct
of City
. Commission meetings
Previously distributed to the Commission was a draft copy of Commission
Resolution
No. 3105, entitled:
COMMISSION
RESOLUTION NO. 3105
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
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MONTANA, ADOPTING THE RULES OF PROCEDURE FOR THE CONDUCT OF
CITY COMMISSION BUSINESS.
City Manager Wysocki noted that,
included in this packet, was a memo from
Commissioner Frost requesting that adoption of this Resolution be deferred
for two weeks, to
allow an opportunity for staff to provide proposed language in the rules
of procedure. He
. stated that this item has been removed from the Consent Items to allow the Commission to
consider this request.
Commissioner Frost stated that his memo is self~explanatory. He then noted
that the
Mayor has also identified some areas in the rules of procedure that need
clarification.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
Commission defer action on this Resolution for a period of two weeks to
allow staff an
opportunity to propose revised language for the Rules of Procedure. The
motion carried by the
following Aye and No vote:
those voting Aye being Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
Discussion - FYI Items
. City
Manager Wysocki presented to the Commission
the following
"For Your
Information" items.
(1 )
Invitation to attend the Retired and Senior Volunteer Program auction fundraiser,
to be held at 7:00 p.m. on March 1, at the Holiday Inn.
The City Manager encouraged the Commissioners to either reply directly
to RSVP or
through the Clerk of the Commission.
(2) Memo
from him, dated February 15, regarding upcoming elections and the
deadlines for placing items on those ballots.
Responding to Commissioner Stiff, he indicated that this memo is strictly
a reminder to
the Commissioners, with nothing specific in mind.
. (3) Memo from the Headwaters Cooperative Recycling Project, dated February 9,
along with notes from the meeting held on Thursday, February 8, at the
Boulder County
Courthouse.
Responding to Commissioner Rudberg, the City Manager stated that, even
if no staff
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members or Commissioners from Bozeman attend the meetings, he has asked
that the City be
retained on the mailing list so it can remain abreast of activities.
(4) Memo
from the Clerk of the Commission forwarding updates on goals for Fiscal
Year 1995-1996 and departmental goals for Fiscal Year 1996-1997, as submitted
by the
various department heads.
. The City Manager distributed copies of additional goals received since the packets were
distributed.
He noted that the memo from the Clerk asked that the Commissioners' lists of
goals be submitted by 5:00 p.m. today. He proposed that, since the Commissioners
have just
received these lists of goals, they may wish to delay turning in their
lists until noon tomorrow.
(5) Memo
from Commissioner Rudberg, dated February 20, forwarding information
from the Montana Power Company meeting held on February 14.
(6) Letters
of support for the proposed historic mixed used zoning district, as
submitted by Ms. Martha Drysdale, 1408 South Black Avenue, dated February
15, 1996 and
Ms. Chandler Dayton, 716 East Peach Street, dated February 18, 1996.
(7) Letters
of opposition to the proposed historic mixed use zoning district, as
. submitted by Don Turner and Paul VanderJagt, dated February 7, 1996; Williams Construction,
dated February 19, 1996; Carl and Lynne Hubert, 621 East Peach Street,
dated February 20.
1996; and Molerway Freight Lines, dated February 19, 1996.
(8) Agenda
for the Development Review Committee meeting which was held at
10:00 a.m. today.
(9) Agenda
for the City-County Planning Board meeting to be held at 7:00 p.m. on
Wednesday, February 21, in the Commission Room.
(10)
Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, February 22, in the Commission Room.
(11 )
Agenda for the County Commission meeting which was held at 10:00 a.m. and
1 :30 p.m. today at the Courthouse.
. (12)
Minutes from the Montana Transportation Commission meeting held on January
4 and 5, 1996, in Helena.
(13)
The City Manager submitted his weekly report, as follows. (1) Noted that City
crews have been sweeping the streets this past week.
(2) Announced that representatives
from the Post Office were in Bozeman last week to look at potential sites
for their new facility.
02-20-96
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(3) Stated that a new dam tender has been hired by the Middle Creek Water
Users' Association
to manage the Hyalite Reservoir water. (4) Announced that West Grant Street
between South
6th Avenue and South 7th Avenue is to be reopened on March 1; and on March
4, South 11th
Avenue is scheduled for closure between West Cleveland Street and West
Grant Street to allow
for construction of a new tunnel.
. 114} Commissioner Youngman stated that she spoke to a Boy Scout troop two weeks
ago. She stated that, after talking to the troop, she asked them for their
input, and it included
concern that a number of neighborhoods do not have parks within easy walking
distance;
concern about their inability to move around safely on bicycles or walking,
particularly when
crossing busy streets is required; and questions about leaving messages
for the Commissioners
by electronic mail.
(15)
Commissioner Rudberg asked about the Montana Department of Transportation
decision to remove the railroad bridge over the Interstate on the northeast
side of town.
The City Manager responded that the Department decided to remove it, despite
the
City's suggestion that it be allowed to remain, because of liability concerns.
. (16)
Commissioner Rudberg submitted the following. (1) Attended the Baucus/Simon
breakfast last week.
(2) Attended the Development Review Committee and Design Review
Board meetings last week.
(3) Noted that the Study Commission is working on writing a
charter with self-government powers.
(4) Noted that the Montana Power Company meeting
was interesting and informative. She forwarded to the City Manager a packet
of information
received at that meeting.
(5) Attended the Chamber of Commerce Government Affairs
Committee
meeting on Thursday. (6)
Noted that a
noon luncheon meeting of the
Victim/Witness Project, at which Governor Racicot will speak, has been
scheduled for April 3.
(7) Stated that she received a number of telephone calls regarding her
position on subsidized,
or affordable, housing. She indicated her response was that the City has
budgeted $100,000
in each of the past two budgeting cycles to address this issue.
(8) Announced that she and
. County Commissioner Jelinski met with Mr. Rick Coffman regarding a City/County page in the
Bozeman Daily Chronicle; and he seems to be receptive. (9) Attended the
County Commission
meeting, where the proposed mill levy for the Library was discussed.
(10) Attended the
affordable housing meeting at MSU. (11) Stated that she received several
letters after the City-
County Planning Board hearing on the AWARE group home, in opposition to
the home. She
02-20-96
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indicated that, since those letters could not be considered during this hearing, she did not make
copies and forward them to the other Commissioners.
The City Manager asked that he be
given an opportunity to review the letters.
(17) Mayor Stueck noted that the rules of procedure, as drafted, do not seem
to
. adequately address how work sessions and agenda meetings will be conducted. He suggested
that pUblic comment at work sessions should be limited to those times when the Commission
is sitting in a circle with the audience.
The City Manager indicated that staff will draft a paragraph which addresses "free
wheeling" discussions that are not subject to Robert's Rules of Order, for Commission
consideration.
(18) Commissioner Youngman noted that former Mayor John Vincent asked the
Chamber of Commerce Executive Director for any comments under this agenda item, and
encouraged Mayor Stueck to begin that practice again now that a new Director has been hired.
(19) Mayor Stueck submitted the following. (1) Encouraged the Commissioners
to
respond to Engineering Draftsperson Teresa Larson's memo regarding a proposed meeting on
. Thursday, March 28. (2) Stated that he opened the wrestling
tournament at the High School
on Saturday.
(20) Mayor Stueck announced that Commissioner Stiff will be absent from this
evening's session of the Commission meeting. He suggested
that, rather than following the
process started at last week's meeting, the Commission may wish to consider a different
approach to this evening's work session. He proposed that the
Commissioners provide
feedback on the remaining staff proposals on an individual basis.
He also proposed that the
Commission appoint a sub-committee to work with staff on developing amendments to be
forwarded through the hearing process. He also indicated his intent to go through a page-by-
page review of the zone code with staff, to get his questions and concerns answered.
(21 ) Mayor Stueck noted that the Commission has previously discussed
the
. possibility of establishing a policy that three unexcused absences will create a vacancy on the
board. He suggested that this type of provision be included in the by-laws for the Downtown
Bozeman Improvement District Board (lOB), which was appointed earlier in this meeting.
(22) The City Manager announced that the State Historic Preservation Office
is
conducting a hands-on program at the Carnegie Building within the next couple of months. The
02-20-96
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-
result of that program should be a determination of what is needed to renovate
the building and
the estimated costs involved.
(23)
Commissioner Frost expressed concern about the condition of West Main Street,
west of West Babcock Street. He noted that, because of the poor condition
of the pavement,
. people are driving in what should be the turn lane instead of in the driving lane, particularly the
driving lane on the north side of the roadway.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Application for Kennel License. Brenda Lenard. 3009 Westridge Drive -
Calendar
Year 1996
Ratify City Manager's approval of Special Caterina License. Livery Stable
and Old
Saloon. Inc.. dba Banana Bay ~ special shoppina niaht at M
Lauro.
located in the Main Mall - February 7. 1996
Acknowledae receiPt of application for reduction in taxes for expanding
business
- Color World of Montana. Inc.; refer to staff
Acknowledge receipt of reauest for annexation - Gaston Enaineerina for
. Doua
Smith - 19.957-acre parcel located in the E%. W%. E%. SE~,
Section 3. T2S, R5E. MPM (north side of
Durston Road at Meagher
Avenue); refer to staff (A-9601)
Authorize City Manager to sign - Gallatin County Mutual Fire Protection
Assistance
Agreement - between listed aovernments. fire districts and
fire
service areas in Gallatin County. Madison County and Park County
Authorize City Manaaer to sian. Amendment No.1 to Professional Services
Aareement
with Morrison.Maierle
- enaineering services
to
rehabilitation
of West College Street from South Willson Avenue to
South
8th Avenue
Authorize absence of Commissioner Stiff from meetina of March 18. 1996,
in compliance
with Section 7-3-4322(2), M.C.A.
Authorize expenditure of additional $10,000 to acauire new computerized
system
for City Court
Ratify Mayor's execution of the Mutual Settlement Aareement and Release.
between
the City of Bozeman and Smith Environmental Technoloay
Corporation
(formerly Canonie Environmental) for services at the
. Bozeman
Solvent Site
Building Inspection Division report for January 1996
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that
the
Commission approve the Consent Items as listed, and authorize and direct
the appropriate
02-20-96
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persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff,
Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
Recess - 4:40 D.m.
. Mayor Stueck declared a recess at 4:40 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings and work session.
Reconvene - 7:00 D.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings and work session, noting that Commissioner Stiff is not present
at this evening's session and Commissioner Youngman will be present shortly.
Public hearing - Master Plan Amendment - chance land use desianation from Rural Residential
Node to Business Parkllndustrial - Hollv Brown for Jack & Vanessa Germeroth and James &
Doris Ferguson - 17.38 acres located in Section 17. T2S. R5E. MPM (5391 & 5393 Gooch Hill
Road and 8474 Huffine Lane) (P-9550)
. This was the time and place set for the public hearing on the Master Plan
Amendment
requested by Holly Brown for Jack & Vanessa Germeroth and James & Doris Ferguson, under
Application No. P-9550, to change the land use designation from Rural Residential Node to
Business Park/Industrial on 17.38 acres located in Section 17, Township 2 South, Range 5
East, Montana Principal Meridian. The subject property is more commonly located at 5391 and
5393 Gooch Hill Road and 8474 Huffine Lane.
Included in the Commissioners' packets was a letter from Holly Brown, attorney
representing the applicants, to Associate Planner Dean Patterson, dated January 31, 1996,
requesting that the hearing be continued.
No one was present to speak in support of or in opposition to the requested
Master
. Plan Amendment.
It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that
the
public hearing be opened and continued to April 1, 1996, per the applicant's request.
The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Rudberg and Mayor Stueck; those voting No, none.
02-20-96
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Public hearing - Zone Map Amendment - "AS" to "M-1" - Holly Brown for Jack & Vanessa
Germeroth and James & Doris Ferauson - 17.38 acres located in Section 17 , T2S, R5E, MPM
(5391 & 5393 Gooch Hill Road and 8474 Huffine lane) (Z-95151)
This was the time and place set for the public hearing on Zone Map Amendment
requested by Holly Brown for Jack & Vanessa Germeroth and James & Doris Ferguson, under
. Application No. Z -951 51 , to change the zoning designation from" AS", Agricultural--Su burban,
to "M-1 ", light Manufacturing, on 17.38 acres located in Section 17, Township 2 South,
Range 5 East, Montana Principal Meridian. The subject property is more commonly located at
5391 and 5393 Gooch Hill Road and 8474 Huffine Lane.
Included in the Commissioners' packets was a letter from Holly Brown, attorney
representing the applicants, to Associate Planner Dean Patterson, dated January 31, 1996,
requesting that the hearing be continued.
No one was present to speak in support of or in opposition to the requested Master
Plan Amendment.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
public hearing be opened and continued to April 1, 1996, per the applicant's request.
The
. motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost and Mayor Stueck; those voting No, none.
Continued work session. Review of zone code amendment proposal received bY February 2
deadline
Mayor Stueck announced that the Commission had briefly discussed the process for
continued review of the proposed zone code amendments under "FYI Items" during the
afternoon session. He recognized the importance of the Commissioners responding to the input
received, stating he also feels that a page-by-page review of the code is essential for him to
better understand the document. He suggested that the Commissioners forward their individual
comments on the staff's proposals within the next week or two, indicating that he intends to
. meet with staff within that same time period.
City-County Planning Director Andy Epple reminded the Commission that it was on
Page 6 of the staff recommendations at the end of last week's work session, which is halfway
through the proposals except for the sign code issues. He stated that the input received from
the Commission last week was extremely beneficial to staff; and he feels that written
02-20-96
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Commissioner comments and the appointment of a sub-committee to work with staff, as
discussed during the afternoon session, could also be beneficial.
Mayor Stueck noted that, in light of the February 12 memo in which Project
Planner
Williams had summarized the input received, addressing the staff recommendations will also
. address the input received from the public, except possibly for some of the comments from Bill
and Jennifer Mitchell.
The Commission briefly addressed the input received from the Design Review
Board,
recognizing that their input deals with the by-laws for that body rather than zone code
amendments.
Commissioner Youngman noted that during the last Commission discussion
with the
Design Review Board, the Commissioners forwarded an interest in making sure that all points
raised during discussion were addressed and either eliminated or included in the final motion.
She asked that that requirement be clearly stated in the by-laws, possibly as one of the Chair's
duties.
Planning Director Epple stated that the Design Review Board has begun appointing
. someone to serve as secretary during the meeting, to take notes and make sure that all issues
are addressed. He also noted that he currently attends all ORB meetings, serving as the staff
person to the Board; however, he does not chair the meetings.
He then indicated that a
conscious effort is being made to advise the applicant of the appeals process.
Mayor Stueck suggested that, in light of the letters of opposition which
the
Commissioners have received to the proposed historic mixed use district, he feels it is
imperative that everyone involved meet and develop a compromise proposal that is acceptable
to all parties, not just the residents and not just the business people.
He forwarded his
suggestion that this proposal be directed back to the northeast neighborhood that submitted
it, for modification before the Commission considers it.
Commissioner Frost asked how the Commission is supposed to process the
proposal
. for the HMU district which it has received. He noted it is not staff's responsibility to implement
the district. He indicated the purpose of an HMU district is
to ensure the mixture of typically
conflicting uses may continue to exist, with everyone feeling safe and protected.
He stated
that this cannot be accomplished with a proposal that is designed by only one segment of the
district.
02-20-96
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-
Planning
Director Epple noted that the northeast sector of the community attempted
to develop an HMU district proposal several years ago; however, it met
strong opposition. He
then indicated that staff suggested the group may wish to submit a proposal
under the
Commission's invitation for input, thus avoiding the application fee for
zoning amendments.
Mayor
Stueck stated that, if done properly, the historic mixed use district could be
. a win/win situation for the entire neighborhood. He noted that in this instance, it is imperative
all parties agree upon the proposal before the City becomes involved; and
the staff does not
have time to participate in that process.
Commissioner
Youngman noted that the Commissioners have received copies of the
letter which has been mailed to the businessmen within the proposed district,
dated February
15, inviting them to attend a meeting on March 13.
She recognized the importance of a
dialogue between the business owners and the residents, characterizing
this as a good first
step.
She suggested it would be beneficial to have a staff member present at that meeting,
to ensure ideas and suggestions are practical and possible within the confines
of the zone code.
She noted that, not only does the community have areas where uses have
been mixed for a
. number of years, but it faces the potential of new mixed use development,
such as the Cupola
planned unit development.
Commissioner
Youngman noted that Commissions have listened to decades of strife
in the neighborhood; and "the Commission has repeatedly been referee, mostly
unsuccessfully,"
in those conflicts. She noted that if the neighborhood can arrive at a
creative solution that is
acceptable to all parties concerned, it could be beneficial to everyone.
Commissioner
Frost recognized the necessity of the neighborhood agreeing on what
is to be accomplished, indicating that once that has been established,
staff should become
involved in the process to ensure that their ideas and desires are compatible
with the remainder
of the zone code and the City's powers.
He identified the up side of the process as avoiding
the constant conflict which currently exists, particularly when a business
wishes to expand.
. He reiterated that identifying what the neighborhood wishes to accomplish
is the first step in
the process.
Responding
to Commissioner Rudberg, Planning Director Epple stated that Historic
Preservation Officer Derek Strahn and Senior Planner Dave Skelton have
been working with the
residents in the northeast sector to develop this proposal.
He then indicated that he has not
02-20-96
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assigned any staff member to attend the March 13 meeting, although the residents may have
been directly in contact with one or both of those planners. He assured the Commission that
if they feel it is essential to have a Planning staff member present at the meeting, he will ensure
that one or both of those individuals are present.
. Responding to Mayor Stueck, the Planning Director stated that the previous attempt
to create an HMU district in this area died because of the competing interests involved.
He
stressed the importance of professional assistance in developing a proposal, to get the parties
to resolve their differences and reach a consensus building frame of mind.
Responding to Commissioner Rudberg, the Planning Director recognized that
his staff
is extremely busy at this time addressing several major issues which have arisen recently,
including impact
fees, zone code
revisions, completion of
the critical lands study,
implementation of a GIS program, and revision of the subdivision regulations.
Mayor Stueck stressed the importance of recognizing that until some common
ground
has been identified, it is not appropriate to ask staff to spend time on this issue. He noted that
of the 88 property owners in the proposed district, 40 are residents and 48 are commercial or
. business owners. He further noted that the business people are strongly
opposed to the
proposal which has been submitted. He recognized that, if done properly, this proposed district
could be a win/win situation for everyone; and he feels the burden of identifying that position
is a responsibility of the property owners within the district.
He indicated that once that is
accomplished, staff can be directed to process a possible zone code amendment.
Commissioner Frost stated his concurrence.
He noted that once a foundation has
been laid, the City can begin to work on the proposed district, building on the foundation that
has been provided.
Mrs. Claudia Foster, 719 North Wallace Avenue, stated that a recent conversation
with Mr. Peter Bronken has indicated that he would be willing to sit down and discuss the
proposed district. She noted the letter to business owners indicates
that a Planning staff
. member will present at the March 13 meeting because of a conversation she had with the
Assistant City Manager. She stressed the need to have a planner involved in the discussions,
since the property owners are not versed in preparing amendment proposals.
City Manager Wysocki noted that, typically, when a zone map amendment is
sought,
it is from the people whose property is involved, not "from the people across the street".
He
02-20-96
.. u.._.
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also noted that, typically, if a professional is needed to prepare the application, the applicant
retains that professional to carry the project through the City's process.
Mrs. Foster stated that in this instance, she was asked by staff to prepare
the
proposal; and she was also given a copy of guidelines from Oregon to assist her in that
. process.
Commissioner Youngman noted that, while the Commission solicited public
input, it
did not indicated that it would pursue all of the suggestions. She recognized that this proposal
is not in a form that the Commission may consider at this time; however, she noted an interest
in considering a more complete and balanced proposal that is acceptable to the entire
neighborhood. She also expressed an interest in having a staff member attend the March 13
meeting if possible.
Commissioner Frost suggested that the neighborhood use the Oregon document
as
a basis from which to work, identifying those issues with which they agree and disagree. He
also encouraged them to identify the unique features of Bozeman and include them in the
revised proposal.
. Commissioner Rudberg noted that she had anticipated simpler amendments
would be
proposed, rather than a major zone change such as this, as a result of the advertisement.
Mayor Stueck suggested that the Commission may wish to consider this proposal
as
a single issue rather than including it in the comprehensive zone code revisions.
Planning Director Epple stated he will assign a staff member to attend
the March 13
meeting to answer procedural questions. He cautioned, however, that it would be extremely
difficult to assign a staff member to spend any time on this proposal in light of the other major
issues which the department is currently addressing. He indicated that the application fee for
this zone map amendment would be approximately $500 to $600; and he noted that if the
Commission refers it back to the neighborhood, it must make a determination on whether the
application is a part of the public input received or whether the application must be
. accompanied by a fee which it is resubmitted.
Mr. Gary Gullickson stated he has been the messenger for the businesses
in the
northeast sector. He stated that the 48 parcels in commercial use
represent a significant
portion of the proposed district; and owners of approximately 77 percent of that property have
expressed adamant opposition to any alteration of their M-1 zoned property. He suggested that
02-20-96
.- .--
- 23 ~
an extremely attractive package must be developed to possibly encourage
them to change their
positions on this issue.
He reminded the Commission that the tax base of the M-1 zoned
properties is significant; and those businesses provide 250 jobs in this
community.
Commissioner Frost encouraged all parties to keep an open mind when discussing the
. possible creation of an historic mixed use district, particularly since it could benefit everyone
if properly structured.
Mr. Jay O'Neil, Treasure State Oil, 622 East Tamarack Street, noted that a major
component of the historic mixed use district, as proposed, is keeping heavy
traffic away from
this area. He
noted, however, that the loop roadway system, which includes connection of
North Rouse Avenue to East Main Street via Front Street, will actually
create more heavy traffic
in that area. He cautioned that these two positions are in direct conflict
with each other; and
the overall long-term goals of the community must be taken into consideration
when developing
the revised proposal.
The Commission discussed the Mayor's proposal for submitting feedback to the staff
and forming of a sub-committee to work with staff.
.
Planning Director Epple encouraged the Commissioners to write their comments in the
margins of the Planning staff's recommendations, as compiled by Project
Planner Christopher
Williams.
He noted that their comments will help to trigger thoughts as staff and the sub-
committee prepare possible amendments to the code.
He indicated that staff will probably
meet with the sub-committee on a weekly or bi~weekly basis for six weeks
or so, after which
some specific proposals should be available for Commission consideration.
Mayor Stueck noted that many sections in the code reference other sections in the
code, and expressed concern that a change in one section may actually impact
several other
sections. He further noted that these references can create some real confusion
when trying
to read the code to determine what may be required for a project, and asked
if it would be
possible to include all of the provisions in a section rather than referencing
other sections.
.
Planning Director Epple stated that elimination of referencing other sections is a step
being undertaken in revision of the sign code. He cautioned, however, that
while elimination
of referencing may reduce the confusion of reading a section of the code,
it makes the code
a much thicker document because several provisions are restated a number
of times.
02-20-96
.n._"_._
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Commissioner Frost noted that most reference books have an index; and he feels that
including an index in the zone code could help to alleviate much of the confusion and inability
to find specific sections, thus reducing frustration and making the document more user friendly.
Mr. Bill Mitchell, 122 South Church Avenue, stated he and his wife have studied the
. zone code extensively and, as members of the public, they have some real problems with the
code as written. He encouraged the Commissioners to set aside a time to sit down with them
and review those items, prior to formulating the amendments upon which the public hearings
will be held.
Ms. Jennifer Bordy stated that she wishes to ensure the amendment process is
properly followed and that the public has adequate opportunity to provide its input. She asked
that the revisions be prepared in the same format as legislation. with old language and new
language appropriately identified. She forwarded her position that the previous
round of
amendments was improperly enacted and could be legally challenged.
Commissioner Rudberg expressed concern that the Commissioners must work with
two or more documents to determine what the current code requirements are. She suggested
. that if the Commission had a single document from which to work, it would make this process
much easier.
Planning Director Epple stated that the staff members have revised their codes to
reflect the changes included in the latest ordinance, so that they can more easily use those
provisions. He then stated that those amendments were designed to make the code more user
friendly and streamline the process. He indicated that the amendments
which staff has
proposed for this round of amendments are the result of listening to comments from those
going through the process, and problems encountered by staff when processing applications.
He reminded the Commission that the amendment process is a lengthy and complex one;
therefore, it will be six to ten months before any of the proposed amendments are enacted.
Ms. Bordy noted that the parties interested in amendments to the code typically have
. interests or expertise in a specific area. She suggested
that a charette could provide some
valuable information and a basis upon which to develop the proposed amendments for
consideration through the public hearing process.
Commissioner Frost noted that when the code was originally rewritten, the public and
the developers asked that it be more flexible and design driven.
He noted that flexibility
02-20-96
__ _m._ ___.
- 25 -
"makes it messy and messy leads to questions and problems and disagreements".
He then
observed that, no matter what type of code the City adopts, not everyone in the community
will like it.
Mrs. Jennifer Mitchell stated that in the pUblic opinion survey recently
completed by
. the Study Commission, 75 percent of those responding indicated they were totally unhappy
with the Planning Department; and that was manifested in a variety of ways. She then
forwarded her opinion that the last set of amendments did not streamline the process; and the
procedures and flow charts based on those amendments don't work.
Ms. Bordy stated that the more strictly the code is written, the easier
it is to incur a
violation in procedure; and the more loosely the code is written, the more latitude the zoning
authority has. She stated that the courts typically provide a substantial amount of latitude to
a zoning authority; therefore, a municipality runs less risk of losing court cases with a more
loosely-written document.
Mr. Bill Mitchell stated that the current zone code is "making honest people
criminals" . He cited the illegal apartments that have recently sprung
up in homes as an
. example.
Mayor Stueck closed the discussion by briefly highlighting the next steps,
which
include the Commissioners forwarding their individual comments to the Planning staff, followed
by the appointment of a sub-committee to work with staff.
Adiournment - 8:50 D.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 Rudberg and Mayor Stueck;
those voting No, none.
.
c!J~ [A~
ATTEST:
DON E. STUECK, Mayor
{J~ ;/J~
ROBIN l. SULLIVAN
Clerk of the Commission
02-20-96
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