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HomeMy WebLinkAbout1995-12-18 ccm - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 18, 1995 ********************** ******* . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 18, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, 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 - November 20. November 27. December 4 and December 11. 1995 Mayor Vincent deferred action on the minutes of the meetings of November 20, November 27, December 4 and December 11, 1995 for a period of three weeks. . Exit Conference for Fiscal Year 1994-1995 Administrative Services Director Miral Gamradt introduced Mr. Dan Konen, auditor in charge. He reminded the Commission that this is the first audit being conducted by Junkermier, Clark, Campanella and Stevens under a two-year engagement. Mr. Konen provided a brief overview of the audit of the City's financial records for Fiscal Year 1994-1995 and the associated report for internal controls and management letter. He stated that Page 29 of the Comprehensive Annual Financial Report (CAFR) contains the auditors' clean, or unqualified, opinion, which means that the City's financial records, as of June 30, 1995, are in compliance with generally accepted accounting principles. Mr. Konen noted that the $5 million general obligation bond issue for transportation . projects has impacted the financial statements in a number of areas, including cash, equity and liabilities. He also noted that this report contains some structural changes in the Special Revenue Funds portion, with neighborhood parking and downtown parking being combined into Consolidated Parking Districts and the addition of Local Government Study Commission, Interfaith Housing, Highway Safety and Community Housing. 12-18-95 - - 2 - Mr. Konen stated that the landfill liability was recorded for the first time last year, at the level of $1.7 million. This year, that liability has been increased to $1.8 million, recognizing that 66.2 percent of the landfill capacity has now been used. He noted that funding of the liability has now been extended to April 1997. . Mr. Dan Konen provided a brief overview of the single aud it section of the report, noting that several different reports are required for various types of federal assistance funding programs. He then turned his attention to the management letter, noting that four issues have been identified. He stated that the landfill was chosen as the area in which review of internal controls was to be concentrated. That review showed a need for segregation of duties and controls; and the management letter reflects those recommendations. Also, the auditors identified a need to record capital leases as they occur during the fiscal year. The issues identified in last year's report pertaining to City Court were briefly reviewed this year; and it has been determined that time is needed to address many of them. City staff has indicated that during Calendar Year 1996, many of the recommendations should be implemented. Mr. Konen addressed the requirement for coverage of the water bonds. He noted that . under the bond covenants, revenues must be a minimum of 1.25 times the operating costs. For Fiscal Year 1994-1995, the coverage was 1.66, compared to 1.70 for Fiscal Year 1993- 1994. Commissioner Stueck stated that the Audit Committee met with the auditor in a much more comprehensive review of the audit earlier this afternoon. Following that review, the Audit Committee voted to recommend acceptance of the audit. Commissioner Stiff concurred, stating his appreciation for the auditors' work. City Manager Wysocki thanked Mr. Dan Konen for his work and his report, noting that he and his staff worked well with the City staff. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission accept the audit report for Fiscal Year 1994-1995. The motion carried by the . following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. 12-18-95 - 3 - Ordinance No. 1414 - implementing impact fees for City streets. fire. water and wastewater services This was the time and place set for the decision on Ordinance No. 1414, entitled: ORDINANCE NO. 1414 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 AS CHAPTER 3.24, PROVIDING FOR FIRE. WATER, WASTEWATER AND STREET IMPACT FEES. City Manager Wysocki noted that a significant amount of written testimony was received prior to the dead line of noon on Thursday, December 14. Copies of those letters were included in the Commissioners' packets, along with a memo from Director of Public Service Phill Forbes, dated December 14, and a letter from Mr. Jim Duncan, dated December 14, addressing a number of issues raised during the public hearing. Responding to Commissioner Frost, Planning Director Epple stated that the impact fees for water and wastewater are to be assessed at the time of connection or upon drawing of a building permit, whichever is later; and the impact fees for streets and fire are to be assessed upon drawing of a building permit. He noted that a building permit is typically issued after all . zoning processes have been completed; and it typically takes two to six weeks after filing of a building permit application to receive the permit. He then suggested that those projects for which complete building permit applications have been filed could be considered "in the pipeline" for purposes of this ordinance. He discouraged the subdivision process as "being in the pipeline", since it can take up to five years to complete the process and begin development. He recognized, however, that some zoning processes with much shorter timelines could be considered. Further responding to Commissioner Frost, the Planning Director estimated that administering of the impact fee program will take 14 to Y2 of a full-time equivalent position, noting that this will probably be spread among several employees unless a specific position is created for that purpose. He noted that the 2-percent administrative fee set by the ordinance . will provide adequate funding to cover those costs. In response to additional questions, the Planning Director emphasized the importance of remembering that the street impact fees are based on the trip generation manual. He noted that computer models and studies have shown that educational facilities do not generate the 12-18-95 - 4 - same number of vehicle trips per 1,000 square feet as retail stores. He noted that is the basis upon which the difference in impact fees has been established. Responding to Commissioner Youngman, the Planning Director stated that the Commission could adopt this ordinance, implementing the impact fees, and set the fees at zero . for the first sixty days, to allow those projects "in the pipeline" an opportunity to move through the process without incurring impact fees. He noted that subdivision improvements are incurred by the land developer and are substantially different from the site development costs encountered by the contractor or lot owner. City Attorney Luwe suggested that, to create the most legally defensible position, it would be appropriate to create a timeline for delayed implementation of impact fees that will allow projects "in the pipeline" to complete the necessary steps prior to assessment of the fees. Commissioner Youngman expressed concern that adoption of the ordinance with a deferred implementation date would result in a glut of applications that will negatively impact staff. . Planning Director Epple responded that he anticipates a rush of applications for residential development will result from a delayed implementation date. He noted, however, that several applications for larger projects were received this past fall, in anticipation of the implementation of impact fees. He then stated that commercial development is better able to absorb the fees than residential development. Commissioner Stueck suggested that if a project is being reviewed by the Development Review Committee, the Design Review Board or the Planning Board, it could be considered "in the pipeline". He noted that if the formal application is being processed, one could assume that financing is in place. The Planning Director recognized the merits of the proposal, indicating that it could probably be established in a manner that is legally defensible. He noted that this could allow . a couple dozen projects to avoid the impact fees, indicating that is an issue to be addressed by the Commission. Commissioner Stueck noted that some developers go through all of the steps from preliminary plat through home construction prior to sale of the house and lot while other 12-18-95 .. __., _ __ _______n - 5 - developers sell the lots immediately after subdivision. He questioned whether this diversity of development techniques could result in an inequity among developers. Planning Director Epple responded that impact fees are best implemented at the latest stage possible, which is the building permit stage inside city limits. He noted that assessment . of the impact fees at that stage recognizes the impacts which result from construction and subsequent occupancy of the home. Commissioner Youngman asked if the language in the ordinance needs to be revised to allow for up to 20-percent expansion of a business before impact fees are assessed. The City Attorney responded that it is not in the draft ordinance, however, it can be incorporated into the ordinance if the Commission wishes. He then forwarded several other revisions to be considered, including the fee for filing of appeals, correcting the language referencing the consumer price index, and adding a statutory reference which was omitted. The City Attorney noted that the fee for zoning appeals is $180; and if the appellant is successful, the fee is refunded. Responding to Commissioner Youngman, City Attorney Luwe stated that a statement . of intent regarding affordable housing and economic development should not be a part of the ordinance. He noted, rather, that the Commission can work toward providing incentives at a later date. The Commissioners addressed each of the issues individually. Following discussion, they concurred in the City Attorney's suggestion that impact fees become effective sixty days after final adoption of the ordinance. They further concurred that a complete building permit application must be filed by that date, since the review period is in staff's hands rather than in the applicant's hands. City Attorney Luwe noted that under this proposal, if an individual feels that staff has made an incorrect determination about whether an application is complete, the appeal process is available. . The Commission turned its attention to exemption of business expansion from the impact fee ordinance. Following a brief discussion, the Commissioners concurred that expansions of up to 20 percent of the original square footage of the structure will be exempt from impact fees. They recognized that these expansions are cumulative and that once the 20- percent threshold is reached, impact fees will be assessed. 12-18-95 = - 6 - The Commission concurred with adding the statutory section which was inadvertently omitted and correcting the reference to the consumer price index. The Commission then addressed the issue of fees. Planning Director Epple reminded the Commission that the level at which fees are set is a local option. He noted that the fees may e be initially set anywhere from 0 percent to 100 percent of the net costs identified in the impact fee studies; and it may be phased in over a period of six months to three years. He emphasized that the most successful programs include the complete schedule in the implementation ordinance, recognizing that the schedule may be altered at any time through amendment of the ordinance. He reminded the Commission that the fees may not exceed 100 percent of the identified costs, although they may be set at any percentage less than 100 percent. Each Commissioner submitted his or her initial position, as follows. Commissioner Stueck stated he wishes to avoid impact fees at a level which would drive commercial development outside city limits; and he feels that setting the fees at a level comparable to the County's impact fees would be appropriate. On that basis, he proposed that the fees be set at 10 percent for streets, 100 percent for fire, and 30 percent for water and e wastewater. He recognized the importance of implementing the full amount for fire immediately, since fire equipment and a new fire substation will probably be the first improvements needed. He suggested that these fees be set for the first year or until the results of the next legislative session are known. City Manager Wysocki noted that he had proposed the impact fees for water and wastewater be set at 100 percent, since the sources of revenue for the enterprise funds are very limited. Commissioner Frost stated he is concerned about implementing impact fees before the County does. He then forwarded his position that impact fees should be implemented to mitigate impacts on the taxpayers, noting his support for implementing the fees for streets at 10 percent, and for fire, water and wastewater at 100 percent of the identified costs. e Commissioner Youngman characterized her proposal as lying between the previous ones. She agreed with implementing impact fees for streets at 10 percent and the fees for fire at 100 percent, and proposed that the fees for water and wastewater be set at 50 percent. She noted that those percentages would generate a $2,776 impact fee for residential properties. 12-18-95 ~ 7 - Commissioner Stiff stated that he is supportive of impact fees, although he is concerned about the negative impact they may have on affordable housing, which the Commission has identified as being important. He expressed concern that water fund revenues do not cover the costs of depreciation, suggesting that even the monthly rates charged should be reviewed. He . then forwarded his position that impact fees should be implemented at a level that does not severely impact residents. He indicated support for Commissioner Stueck's proposed percentages; however, he suggested that the next step should not be implemented for approximately eighteen months. He recognized that the $1,800 generated from the proposed percentages is less than the amount which can be assessed by the County; however, he feels that it is an appropriate level at which to begin the program. Commissioner Stiff forwarded his concerns that the Legislature may not provide any of the alternative revenue sources which have been suggested. He noted that legislation for realty transfer fees, local option gas taxes and resort taxes has been unsuccessful over the past few years; and it will take a concentrated effort from state-wide organizations rather than just Gallatin County support to get those measures approved. . Responding to comments from Commissioner Youngman, Commissioner Stiff stated he feels that to assess impact fees on the square footages of residences would be more equitable. He noted that under that type of fee structure, smaller, more affordable homes would be assessed at a lower level than the larger, more expensive homes. Commissioner Frost cautioned that even if the City implements these four impact fees at the 100 percent level, which would generate approximately $6,700 per single-family residence, not all of the impacts of that home would be funded. He noted that no impact fee has yet been proposed for police, parks, open space or recreation; therefore, the taxpayers will continue to bear those costs of growth. He then forwarded his position that if the impact fees are implemented at less than 100 percent of the level possible, they should be increased to 100 percent after the 1997 legislative session. He recognized that while this may seem to be a . short timeline, the City has actually been discussing the implementation of impact fees for five or six years and, in the meantime, tax bills have continued to grow. Mayor Vincent noted that growth comes with a cost; and someone must bear those costs. He noted that during the public hearing, many of those who spoke in opposition to the level of the proposed impact fees indicated that if the impact fees were implemented, they 12-18-95 . ._._... ..._n.. ________ .. _ ___._._ ---.-.----.-.-. _... .__._..____ ._._..._u - 8 - would pass those costs along to the purchaser. He noted that if that is the case, the impact fee actually becomes an added cost to the consumer. He cautioned that if infrastructure does not keep pace with development, then the system becomes stressed and the community becomes a less desirable place in which to live. He recognized the unpredictability of future . Legislatures, noting that proposals for local option taxes have not had a good track record to date. He suggested that if the Commission establishes a schedule for implementation of impact fees that provides incentives for seeking alternative sources of funding, then those who have indicated a willingness to support legislation will be further encouraged to do so. He thanked the Chamber of Commerce for its commitment to working with the City on this matter in the upcoming legislative session. He suggested that the way to begin is to ask candidates if they support local option taxes, local option gas taxes or expansion of the provision for resort taxes, and then to support candidates who indicate their willingness to approve those options. Mayor Vincent then forwarded his proposal for implementation of impact fees, noting that the schedule creates a starting point and can be amended as determined necessary by future Commissions. He proposed that the impact fee for fire be implemented at 100 percent. . He then proposed that the fees for water and wastewater be set at 50 percent through 1996, and raised to 100 percent on January 1, 1997. The fees for streets would be implemented at 10 percent through 1996, raised to 50 percent on January 1, 1997, to 75 percent on January 1, 1998, and then to 100 percent on January 1, 1999. He stated that under this scenario, the immediate impacts to commercial development would be minimized; however, the jump from 10 percent to 50 percent for streets provides encouragement for the business community to support the establishment of alternative funding mechanisms. Responding to Commissioner Frost, the City Manager stated he is not aware of any legislative changes that would directly affect the water and wastewater funds. He suggested, however, that if some alternatives for local option taxes were provided, a portion of the revenues could be earmarked for infrastructure improvements, including water and wastewater . facilities. Commissioner Stueck stated he cannot support the proposed phasing because each step is scheduled for implementation prior to the time that the Legislature meets. Commissioner Frost stated he shares the same concern, suggesting that the date for increasing the street impact fee be moved to May 1, which is after the legislative session. He 12-18-95 ..__n.._________._....___... .__ -.- -. - -_.~- - 9 - also indicated his preference would be to implement street impact fees at 100 percent of the net costs by 1998, rather than delaying it until January 1, 1999. Commissioner Youngman stated her support for moving the proposed dates to May 1 instead of January 1. She also expressed an interest in reviewing the monthly rates for water e and wastewater, to determine whether those rates should be increased to provide a higher level . of funding for depreciation. Responding to Commissioner Stueck, Commissioner Youngman stated that a schedule for implementation of impact fees which sets forth each of the steps for reaching the maximum impact fees to be assessed provides for a more legally defensible document. She noted that once an impact fee program has been implemented, the City will be able to gather data upon which the Commission can base future decisions. Responding to Commissioner Stiff, City Attorney Luwe recommended that the Commission include all of the anticipated phases for implementation in the ordinance. He noted that the Commission may choose to implement the fees at less than 100 percent of the allowable amount; and that choice will not make the document any less defensible. e Commissioner Stiff expressed his concerns about implementing the impact fees for water and wastewater at 50 percent, noting that would increase the impact fees for a single-family residence from $1,800 to $2,800. Planning Director Epple stated Mr. Duncan, in his latest memo, has indicated that if the Commission wishes, it can establish a split schedule for street impact fees for single-family detached residences, based on square footages. He then proposed that, if the Commission wishes, it could include the following schedule in its considerations: up to 1,200 square feet - $1,389; 1,201 to 2,400 square feet - $1,579; and over 2,400 square feet - $1,769. He suggested that this alternative would allow the Commission to mitigate some of the impacts on more affordable dwelling units without compromising the process. Commissioner Stueck stated that he discussed impact fees with several of those in e attendance at the recent National League of Cities conference; and they were surprised at the proposed $6,600 in impact fees for a single-family residence. He also questioned why the water bill for a business may be lower than for a residence, as suggested in Mr. Scott Heck's testimony, while the impact fee for a business would be significantly higher than for a residence. 12-18-95 .-.. .-- - 10 - Commissioner Youngman suggested that the Commission could consider the Planning Director's proposed revision to the street impact fee schedule at this time, or could consider it in conjunction with review of affordable housing and economic development issues. Commissioner Frost stated an interest in developing a statement of intent pertaining to . affordable housing and economic development, noting it should be addressed in the near future. He then indicated that, while he is not fully supportive of Mayor Vincent's proposal, he will vote for it. Commissioner Frost encouraged the Commissioners to consider the burden which growth puts on the taxpayers, noting that an effort must be made to stop the dramatic increase in property taxes which has occurred over the past few years. He noted that even if the impact fees were implemented at 100 percent of the level possible, the community would still be paying some of the costs of growth. He recognized that the issues of affordable housing and economic development must be addressed, to ensure that the impact fees do not negatively impact those programs. Commissioner Stueck stated that, while he supports impact fees, he feels the . Commission needs to move slowly and work with the community to make this a cooperative effort. On that basis, he indicated that he cannot support the proposal forwarded by Mayor Vincent. Commissioner Youngman noted that some of the concerns expressed during the public hearing were based on misinformation; and the proposed fee schedules will further soften the impacts which impact fees will have on some projects, such as multi-family residential developments. She characterized the Mayor's proposal as a reasonable compromise that will allow the development community to better absorb the increased costs. Mayor Vincent stated he feels that the proposed schedule, with the modified dates, is an appropriate way to begin the impact fee program. He further recognized that the ordinance can be amended in the future, if determined to be in the best interests of the community. . City Attorney Luwe recommended that, in light of the number of revisions which have been proposed, the Commission direct staff to bring back an ordinance containing all of the revisions for provisionally adoption at a special meeting to be held on January 2 and final adoption at the regular meeting on January 22, 1996. 12-18-95 ..- ..--..-.---- -.-.-- - 11 - It was moved by Commissioner Youngman, seconded by Commissioner Stueck, that the Commission authorize and direct staff to bring back the ordinance in two weeks for provisional adoption, with the following revisions: (1) add wording which exempts expansion of commercial structures by up to 20 percent; (2) insert a fee of $180 for appeals; (3) add wording pertaining to the consumer price index; (4) add reference to Section 7-3-4313 under . the statutory authority; 151 include in the fee schedules that the street impact fees will be initially assessed at 10 percent, increasing to 50 percent on May 1, 1997, to 75 percent on May 1, 1998 and 100 percent on May 1, 1999; and that the water and wastewater impact fees be initially assessed at 50 percent, increasing to 100 percent on May 1, 1997; and (6) set the implementation date for the impact fees after the close of business on March 22, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost and Mayor Vincent; those voting No being Commissioner Stiff and Commissioner Stueck. Commissioner Youngman suggested that the Commission adopt a statement of intent pertaining to impact fees for affordable housing projects and economic development. . Mayor Vincent requested that item be placed on the January 2 agenda as a separate agenda item following provisional adoption of the ordinance. Decision - variance from Table 18.65.050.B. of the Bozeman MuniciDal Code - Daum Industries for Main Mall - allow no more than 266 sauare feet of sianaae per tenant to be visible from one vantaae Doint - 39.46-acre tract known as Main Mall Annexation (2825 West Main Street) (C-9512) This was the time and place set for the decision on the variance from Table 18.65.050.8. of the 80zeman Municipal Code, as requested by Daum Industries for the Main Mall under Application No. C-9512, to allow no more than 266 square feet of signage per tenant to be visible from one vantage point. The subject 39.46-acre tract is known as the Main Mall Annexation and is located at 2825 West Main Street. . Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated December 13, in which she forwarded two proposals for possible postponement of the decision on this application, in response to a request forwarded during last week's agenda meeting. 12~18-95 - 12 - Assistant Planning Director Arkell reviewed the information contained in her memo, noting that staff can either pursue a zone code amendment to address signage for malls, particularly internal malls, as an individual amendment or pursue the amendment as a part of the comprehensive amendment process that is currently underway. She noted that if the . amendment is individually pursued, it could become effective by mid to late summer; and if it is part of the overall packager it could become effective in late winter at the earliest. The Assistant Planning Director noted that the Commission may choose to postpone the decision to a date specific, or it could choose to approve or deny the variance at this time. She then stated that if the Commission chooses to postpone the decision, the signage will be allowed to remain in place until after the decision has been made. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to proceed immediately with a zone code amendment pertaining to signage for malls, and table the decision on this requested variance to July 1/ 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and . Mayor Vincent; those voting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3098 - certifYing semi-annual and annual assessments delinauent as of November 30. 1995 to the County COMMISSION RESOLUTION NO. 3098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1995. AND UNPAID AS OF THAT DATE. DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. . Authorize and direct staff to proceed with Alternative E. as outlined in the corrective measures assessment for the landfill as prepared by Maxim Technoloaies. Inc. Approve Kennel license for Calendar Year 1995 - Art and Patricia Carlson. 216 South Grand Avenue Ratify City Manager's appointment to Police Commission with term to expire on April 30. 1999 12-18-95 - 13 - Authorize City Manaaer to sian - Pedestrian Access Easement across Lots 5 and 6. Block 1. Westlake's First Addition ~ Bozeman Interfaith Housing. Inc.. for Dairy Keep Apartment Complex (600 North 4th Avenue) Authorize City Manaaer to sign - Professional Services Agreement with Damschen and Associates - Water System Improvements Corrosion Control Project . Authorize City Manager to sian - Sanitary Sewer and Water Pipeline and Access Easement Aareement across Lot 12. Bridger Creek Subdivision. Phase I - Monte D. Beck Authorize City Manager to sian - Amendment No.1 to Professional Services Agreement - Gaston Enaineerina and Surveyina ~ South Third Avenue improvements Authorize City Manaaer to sian - Chanae Order No.2 - Blower Replacement Proiect at WWTP ~ Williams Plumbina and Heating - add $1.150.00 and no calendar days Authorize Mayor to sign - Interlocal Aareement between Gallatin County and the City of Bozeman re Joint Co m munications/Dispatch Services/Records for law enforcement Approve report re calculating paybacks for West Babcock Subdivision. as contained in memo from Director of Public Service Forbes dated December 8. 1995; authorize and direct staff to proceed with necessary steps . Approve reauest for extension of City sewer services to Shinina Mountains Evangelical Lutheran Church. located on Lots 5. 6 and 7. Kable Subdivision (300 block North 25th Avenue) with conditions as set forth on Page 1 of City Engineer Brawner's memo dated November 9. 1995. including annexation Award bid for two new 1996 police cars - Platinum Motors. Columbus. Montana - in the total bid amount of $35.854.00 Proclamation - "Drunk and Druaaed Driving Prevention Month" - December 1995 Authorize expenditure of $3.528.74 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period July 1. 1995 ,throuah SePtember 30. 1995 Authorize City Manaaer to sian - Change Order No.1 for improvements to South 19th Avenue/West College Street Intersection. Schedule I - JTL GrouP. Inc. - add $850.00 and 0 calendar days . Authorize City Manager to sign - Change Order NO.1 for rehabilitation of West College Street--South Willson Avenue to South 8th Avenue - JTL GrouP. Inc. - add $1.447.16 and 0 calendar days Commission Resolution No. 3099 - in memoriam to Edmund P. Sedivy. Sr.. former City Commissioner and Mayor COMMISSION RESOLUTION NO. 3099 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 12-18-95 - 14 - MONTANA, IN MEMORIAM TO EDMUND PREMYSL SEDIVY, SR., AND TO EXTEND CONDOLENCES AND SYMPATHY TO HIS FAMILY AND FRIENDS. Commission Resolution No. 3100 - in memoriam to Milton W. Vandeventer. former City Commissioner COMMISSION RESOLUTION NO. 3100 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IN MEMORIAM TO MIL TON WILLIAM VANDEVENTER AND TO EXTEND CONDOLENCES AND SYMPATHY TO HIS FAMILY AND FRIENDS. Building Inspection Division report for November 1995 Claims It was moved by Commissioner Frost, seconded by Commissioner Stueck, 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 Frost, Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Renewal of Beer. Wine and Liquor licenses for Calendar Year 1996 . This was the time set for renewal of the Beer, Wine and Liquor License for the Calendar Year 1996. A total of 37 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have made application and paid the required fee, as follows: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1996 APPLICANT BEER WINE LIQUOR TOTAL American Legion Club 225 East Main Street $ $ $ 500 $ 500 Bozeman Elk's Club No. 463 106 East Babcock Street 500 500 . Colombo's Pizza and Pasta 1003 West College Street 200 200 400 Community Food Co-op 908 West Main Street 200 200 400 Fraternal Order of Eagles #326 316 East Main Street 500 500 12-18-95 - 15 - APPLICANT BEER WINE LIQUOR TOTAL Golden Goose Casino 726 North 7th Avenue 200 200 400 GranTree Conoco 1417 North 7th Avenue 200 200 400 . Heeb's East Main Grocery 544 East Main Street 200 200 400 Hinky Dinky 5 Tai Lane 200 200 400 1-90 Exxon 1420 North 7th Avenue 200 200 400 JW's Hide~A~Way Lounge 1631 West Main Street 500 500 Joe's Parkway 903 West College Street 200 200 400 John Bozeman's Bistro 242 East Main Street 200 200 400 KO's Club 1332 East Main Street 500 500 Kwik Way #32 . 401 East Peach Street 200 200 400 Little John's Bar 51 5 West Aspen Street 500 500 Livery Stable and Old Saloon dba Banana Bay Bar and Grill 2825 West Main Street 500 500 Mr. T's Exxon 1310 North 7th Avenue 200 200 Montana Pizza, Inc. dba Godfather's Pizza 200 South 23rd Avenue 200 200 R & N Corporation dba Bozeman Hotel 321 East Main Street 500 500 ROI Enterprises . dba Pizza Hut 2300 West Main Street 200 200 Rocky Mountain Oil, Inc. dba Holiday Stationstore #269 119 North 7th Avenue 200 200 400 Spanish Peaks Brewing Company 120 North 19th Avenue 200 200 400 12-18-95 - 16 - APPLICANT BEER WINE LIQUOR TOTAL Spectator Sports Bar and Grill 19 Tai Lane 200 200 400 Story Exxon 1211 East Main Street 200 200 400 . The Baxter Hotel Corporation dba The Bacchus Pub, The Robin Lounge and Rocky Mountain Pasta Company 105 West Main Street 500 500 The Bay, Inc. dba Santa Fe Reds 1235 North 7th Avenue 500 500 The Cannery Lounge 43 West Main Street 500 500 The Rocking R Bar 211 East Main Street 500 500 The Wine Merchant 27 East Main Street 200 200 Town and Country Foods 219 North 19th Avenue 200 200 400 . Town Pump 803 East Main Street 200 200 Two Dogs, Inc. dba The Bozeman Bowl 414 East Babcock Street 500 500 Valley View Golf Club 302 East Kagy Boulevard 500 500 Van's IGA 912 North 7th Avenue 200 200 400 Williams Pump & Pak 2020 North 7th Avenue 200 200 400 Wine Gallery 102 South 19th Avenue 200 200 400 Total - 37 Applications $ 4.400 $ 3.800 $ 7,000 $15.200 . The City Manager recommended that the Commission approve the applications as submitted. It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the Commission approve the renewal of Beer, Wine and Liquor license for Calendar Year 1996 for the various establishments as listed above. The motion carried by the following Aye and No 12-18-95 ..-.--- - 17 - vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. Executive Session re cersonnel . Mayor Vincent asked that, due to the length of the agenda and the lateness of the meeting, this item be deferred to the January 2, 1996, meeting. Recess - 5:35 C.m. Mayor Vincent declared a recess at 5:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 c.m. Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items, since Mayor Vincent had not yet arrived. . Public hearing ~ Ordinance No. 1415 - deannexation of 800 block of South 4th Avenue (between West College Street and West Harrison Street) from the MSU Residential Parkina District This was the time and place set for the public hearing on proposed Ordinance No. 1415, as approved by the City Attorney, entitled: ORDINANCE NO. 1415 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO REDUCE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON- STREET PARKING PERMIT REGULATION PROGRAM. . Mayor Pro Tempore Stueck opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He stated that twelve of the thirteen properties abutting the subject portion of South Fourth Avenue, which lies between West College Street and West Harrison Street, are represented on the petition requesting that this block be deannexed from the MSU Residential Parking District. He 12-18-95 -- .----..-.--.-- -..----.-------------- -.---.---..-. ~ 18 - reminded the Commission that the district was originally designed to extend four blocks from the closest classroom building. He noted that during the initial creation process, there was little participation from this block; and a majority of that participation was in opposition. The Assistant City Manager stated that staff has reviewed this request for . deannexation and has determined that. since the subject block lies on the perimeter of the district, it can be deannexed without negatively impacting the operation of the district. Mayor Vincent arrived at 7:03 p.m. Mr. Dennis Roe, 404 West College Street, stated that residents in this block did not anticipate that the MSU Residential Parking District would ever be created; rather, they anticipated that the University would take care of its own problems. He noted that residents in this block have encountered numerous problems created by inclusion in the district; and they do not believe that they will be adversely impacted by being removed from the district. No one was present to speak in opposition to the requested deannexation. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1415, deannexing the 800 block of South 4th Avenue from the MSU Residential Parking District, and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearina ~ Commission Resolution No. 3093 - intent to vacate Dortion of north/south alley Ivina between West Harrison Street and West Cleveland Street. immediatelv north of the east/west allev. and between South 5th Avenue and South 6th Avenue This was the time and place set for the public hearing on Commission Resolution No. 3093, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3093 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING ADJACENT TO LOTS 5 AND 6, BLOCK 14, AND LOTS 19 AND 20. BLOCK 14, CAPITOL HILL ADDITION IN THE CITY OF BOZEMAN, MONTANA. 12-18-95 -..-- --.-.-..... -.... --. - 19 - Mayor Vincent opened the public hearing. City Manager Wysocki reviewed the location of the subject alley. Mr. Bill Klenn, 911 South Fifth Avenue, applicant, stated that when he purchased his home four years ago, the previous owners told him that the back part of the yard was an . abandoned alley. He then stated that the alley has not been used for approximately fifty years, and has actually been seeded into lawn for many years. He noted that this requested vacation would make the current closure an official closure. No one was present to speak in opposition to the requested alley vacation. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission authorize and direct staff to bring back an ordinance vacating the subject portion of the north/south alley right-of-way lying adjacent to Lots 5 and 6, Block 14, and Lots 19 and 20, Block 14, Capitol Hill Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, . Commissioner Youngman and Mayor Vincent; those voting No, none. Public hearina - Commission Resolution No. 3090 - intent to annex 10.0-acre Darcel known as the west 330 feet of the east 570.5 feet of the NE~ of the SW~ of Section 1. T2S. R5E. MPM (east of Gallatin County Rest Home. along south side of West Oak Street) (A-9503) This was the time and place set for the public hearing on Commission Resolution No. 3090, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3090 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that the subject 10.0-acre parcel is located adjacent to the northeastern portion of the Gallatin County Rest Home property. He noted that the applicant's attempts to persuade the owner of the 32 acres 12-18-95 - 20 - immediately to the east and south to join in this request for annexation were unsuccessful, so only the 10-acre parcel is being considered at this time. The Senior Planner stated that this application was considered in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716; and the comprehensive . staff findings are contained in the wrinen staff report which was previously distributed to the Commission. He briefly highlighted those findings, noting that the parcel is located in an island within city limits. The subject parcel is located along the south side of West Oak Street, in approximately the 1200 block. The Planner briefly reviewed the staff findings, concluding that the application is in general compliance with the Commission's goals and policies for annexation. The Senior Planner forwarded staff's recommendation for approval, contingent upon the following issues being addressed prior to annexation: 1. That the applicant file at the Gallatin County Clerk and Recorder's Office executed waivers of right to protest creation of SID's for the following: a. Street improvements to West Oak Street, including paving, curb/gutter, sidewalk, boulevard and storm drainage appurtenances, . and b. Signalization improvements at the intersection of West Oak Street and North 19th Avenue; 2. That water rights or cash-in-lieu of water rights, in an amount to be determined by the Director of Public Service, be provided in the Annexation Agreement, to be carried out by the owner prior to final plat approval, final site plan approval or issuance of any building permit; and 3. That the applicant provide a mylar, record annexation map, prepared by a Montana licensed professional engineer or surveyor, which meets the requirements of the Director of Public Service. Mr. Tom Henesh, Morrison-Maierle, indicated concurrence with the staff report and stated a willingness to respond to questions. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Vincent closed the public . hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution of annexation upon execution 12-18-95 ._..,. ___._ 'u__.."._______________ ..-. .-. - --. .-------.-- m__~___.______"__.__." ..n._ .____. - 21 - of the Annexation Agreement and satisfaction of Condition Nos. 1 through 3, as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . Public hearing - Zone MaD Amendment - AS to B-1 and R-3 - John Brunton for Laura Mav Brunton Living Trust ~ 10.0-acre Darcel known as the west 330 feet of the east 570.5 feet of the NE% of the SW% of Section 1. T2S. R5E. MPM (east of Gallatin County Rest Home, along south side of West Oak Street) (Z-95134) This was the time and place set for the public hearing on the Zone Map Amendment requested by John Brunton for Laura May Brunton Living Trust, under Application No. Z-95134, to change the zoning from" AS", Agricultural Suburban, to "B-1", Neighborhood Service, and "R-3", Residential--Medium-density, on the 1 O.O-acre parcel known as the west 330 feet ofthe east 570.5 feet of the northeast one-quarter of the southwest one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located along the south side of West Oak Street, immediately east of the Gallatin County Rest Home. . Mayor Vincent opened the public hearing. Planning Intern Chris Williams presented the staff report. He stated that the subject property is currently vacant land, with no identifiable topographical features or stream corridors. He reviewed the surrounding zoning designations and uses, noting that the zones are various medium-density to high-density residential zones with some of that land, as well as the subject parcel, currently being used as agricultural land. The Planning Intern stated that staff has reviewed this application in light of the twelve criteria set forth in the Montana Code Annotated; and those findings are contained in the written staff report. He highlighted those findings, stating that, given the growth patterns in the area, staff was unable to support the request for "B-1" zoning. He further noted that . under the zone code, commercial development in a residential area is to occur at the intersection of two arterial streets or a collector and an arterial. He stated that, while West Oak Street, when it is improved, will serve as an arterial, there will be no intersection with another arterial or a collector at this property, since the extension of North 11th Avenue would be to the east of this parcel. He also noted that, given the patterns of development in the 12-18~95 - 22 - immediate area, the proposed "B-1" zoning does not appear to be compatible. He indicated that, as a result of reviewing each of the twelve criteria, and in light of the findings, staff is unable to support the requested rezoning to "B-1". He stated that, instead, staff has forwarded a recommendation that the entire parcel be rezoned from "AS" to "R-3". . Planning Intern Williams stated that the City-County Planning Board conducted its public hearing on this application at its December 5 meeting. Following that public hearing and review of the twelve criteria for considering zone map amendments and the staff findings, as contained in the staff report, the Planning Board found that the proposal to change zoning on a one-acre parcel at the northeast corner of the site does not comply with the criteria; however, they determined that the proposal to amend the zoning to "R-3" does comply with the criteria. As a result of those findings, the Planning Board concurred with staff's recommendation that the entire ten~acre parcel be rezoned from "AS" to "R~3". The Planning Intern concluded by stating that Mr. Brunton has forwarded his willingness to accept the rezoning as recommended by the City-County Planning Board. Mr. Tom Henesh, Morrison-Maierle, indicated concurrence with the staff report and . stated a willingness to respond to questions. No one was present to speak in opposition to the requested rezoning. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Map Amendment to change the zoning from "AS", Agricultural Suburban, to "R-3", Residential--Medium-density, on the 10.0-acre parcel known as the west 330 feet of the east 570.5 feet of the northeast one-quarter of the southwest one- quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. 12-18-95 - 23 - Public hearing - Commission Resolution No. 3091 - intent to annex two Darcels totalling 7.967 acres in the S'Yz. NW%. and N'Yz. SW%. Section 11. T2S. R5E. MPM (Wheeler Mobile Home Park. 2715 West Babcock Street) (A-9504) This was the time and place set for the public hearing on Commission Resolution No. 3091, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3091 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that the subject 7 .967-acre parcel includes the existing Wheeler Mobile Home Park as well as vacant land to the north. The parcel lies between the recently-approved Greenway Subdivision and the Yellowstone Peaks Subdivision, which was recently approved and annexed. The Assistant Planning Director stated that the subject parcel is currently located in . County Zoning District No. 1 and is zoned "General Residential". Under that designation, mobile homes are allowed; and, in fact, the mobile home park has existed for approximately twenty years. In addition to the twelve mobile homes on the site, there is one single-family stick-built home. The Assistant Planning Director stated that staff has reviewed this application for annexation in light of the eight goals and twelve policies established for review of annexation requests; and those comprehensive findings are contained in the written staff report, which has been previously distributed to the Commission. She summarized those findings and forwarded staff's recommendation that the subject parcel be annexed, contingent upon the following issues being addressed prior to annexation: 1. The property owner shall provide usable water rights of cash-in~ . lieu thereof in an amount to be determined by the Director of Public Service, at the time the Annexation Agreement is signed; 2. The Annexation Agreement shall include an executed waiver of right to protest the creation of SID's, which shall specify that in the event SID's are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method 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, 12-18-95 ..---..'.- ._,-- - - .',-.-..-. - 24 ~ taxable valuation of the property, or combination thereof. The waiver shall include the following: a. Street improvements to West Babcock Street, including paving, curb/gutter, sidewalk and storm drainage, and b. Street improvements to West Mendenhall . Street, including paving, curb/gutter, sidewalk and storm drainage; 3. A 45-foot-wide strip along the south property line shall be dedicated, by easement, to the City for West Babcock Street right-of-way; 4. A 60-foot-wide dedication, by easement, for West Mendenhall Street from the end of West Mendenhall Street on the west property boundary to the east property boundary (to align with the existing right-of-way off Western Drive) shall be granted to the City of Bozeman. The alignment of the easement shall be approved by the City Engineer prior to finalization of the necessary documents; 5. The property owner shall agree to correct the State Mobile Home License to show the correct number of mobile homes; 6. Connection of the existing units to City water and sewer, and provision of an on-site fire hydrant, must be completed within two years of annexation. These connections must be completed in . conformance with all City and State requirements for said facilities; and 7. An annexation map must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar (either 24-inch by 36-inch or 18-inch by 24-inch format) for City records, and on either letter or legal size paper for filing with the Annexation Agreement with the Clerk and Recorder. No one was present to speak in support of or in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct staff to bring back a resolution of annexation upon execution of the Annexation Agreement and satisfaction of Condition Nos. 1 through 7, as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. 12-18-95 -- -----.- - 25 - Public hearing - Zone Map Amendment - establish zonina desianation of R-MH - Steve McGough - 7.967 acres in the SY2. NW%. and NY2. SW%. Section 11. T2S. R5E. MPM (Wheeler Mobile Home Park. 2715 West Babcock Street) (Z-95139) This was the time and place set for the public hearing on the Zone Map Amendment requested by Steve McGough, under Application No. Z-95139, to establish an initial zoning . designation of "R-MH", Residential--Single-family Mobile Home, District on 7.967 acres located in the south one-half of the northwest one-quarter and the north one-half of the southwest one- quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located at 2715 West Babcock Street. Mayor Vincent opened the public hearing. Planning Intern Chris Williams presented the staff report. He stated that the subject parcel is currently located in County Zoning District No.1 and is zoned "General Residential". He noted that if this requested rezoning is approved, the applicant could expand the existing Wheeler Mobile Home Park. He provided a brief history of the conversion from "mobile homes" to "manufactured homes", which occurred in 1980. He noted that since the existing units were installed before 1980, they are considered "mobile homes"; however, any new units in . the expanded portion of the development will contain "manufactured homes". The Planning Intern reviewed the surrounding land uses and zoning designations, which include a substantial amount of medium-density residential development, some single- family residential development, and a recently-approved rezoning to allow mobile homes immediately to the south. Planning Intern Williams stated that staff has reviewed this application against the 1990 Bozeman Area Master Plan and the twelve criteria contained in the zone code for considering zone map amendments. He noted that the staff's comprehensive findings are contained in the written staff report. He also drew the Commission's attention to Policy Guideline No. 7 in the Affordable Housing Policy, which was adopted by the Commission approximately a year ago, under which the Commission is to weigh the impacts of increased . densities on a specific neighborhood in conjunction with benefits to the community as a whole. The Planning Intern stated that the City-County Planning Board conducted its pUblic hearing on this application at its December 5 meeting. Following that hearing and review of the twelve criteria for consideration of zone map amendments, the Planning Board concurred in staff's recommendation for approval. 12-18-95 ----.----- ___..... n - 26 - The Planning Intern stated that the Planning Board did receive a petition in opposition to the requested rezoning; and a copy of the petition was forwarded to the Commission. Mr. Karl Woodmansey, 142 Gena Circle, stated his property is adjacent to the subject parcel. He expressed concern about the negative financial impact that the addition of mobile . homes in the Wheeler Mobile Home Park will have on the new townhouse and single-family residential construction which is occurring in that area. He noted that the property around this subject parcel is zoned for medium-density residential development; and he feels that the subject property could be more appropriately zoned in a similar manner. Responding to Commissioner Stiff, Planning Intern Williams stated that in the staff report, he had indicated development under the proposed R-MH zoning could possibly impact the value of adjacent homes. Responding to Commissioner Stueck, the Planning Intern stated that under the new regulations for manufactured homes, once they are set and skirted, they are much less mobile that the predecessor mobile homes. City Attorney Luwe stated he has not had an opportunity to review the petition in . opposition to determine whether there are sufficient signatures within 150 feet of the subject property to require a 3/4 vote of the Commission to approve the requested zone map amendment. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the Zone Map Amendment requested by Steve McGough, under Application No. Z-95139, to establish an initial zoning designation of "R-MH", Residential-- Single-family Mobile Home, District on 7.967 acres located in the south one-half of the . northwest one-quarter and the north one-half of the southwest one-quarter of Section 11. Township 2 South, Range 5 East, Montana Principal Meridian, and direct staff to bring back an ordinance enacting the zone change. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Commissioner Youngman; those voting No being Mayor Vincent. 12-18-95 .._n __ - 27 - Public hearing - Variances from Table 18.65.080.C.. Bozeman Municical Code - Rimrock Sign for Holidav Station - reclace existing reader boards with smaller 2-foot bv 8-foot reader board sian which exceeds maximum allowable area and height for Dole sian at minimum setback and allows encroachments into minimum 15-foot setback on Lots 1-6. Block 8. SDringbrook Addition ( 119 North 7th Avenue) (C-9513) This was the time and place set for the public hearing on the variances requested by . Rimrock Sign for Holiday Station, under Application No. C-95t 3, to replace the existing freestanding reader board with smaller 2-foot by 8-foot sign which exceeds maximum allowable area and height for pole sign at minimum setback and allows encroachments into minimum 15- foot setback on Lots 1 through 6, Block 8, Springbrook Addition. The subject parcel is more commonly located at 119 North 7th Avenue. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that the applicant is seeking multiple variances, to allow relocation of the existing pole style freestanding sign so that it encroaches approximately ten feet into the 15-foot setback from North 7th Avenue and 12 feet into the 15~foot setback from West Lamme Street. The applicant also wishes to retain the current signage for the parcel, which totals 133 square feet and is less than the 136.1 . square feet allowed under the sign code. However, the freestanding sign is 23 feet high and contains 85 square feet of signage, which is greater than allowed under the sign code. The Senior Planner noted that the subject parcel is located in the North 7th Avenue entryway overlay corridor. Seeking a deviation is not an option in this instance, however, since the applicant's request is for greater than 20 percent. Senior Planner Skelton characterized the northeast corner of the subject site, where the freestanding sign is located, as a very "busy" corner, with the freestanding sign, a product sign and two light standards all within the sight triangle. The proposal to move the freestanding sign three feet to the west does little to resolve these problems. He recognized that, given development on the subject site, there is no appropriate location for a low profile sign. . Senior Planner Skelton stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court and listed in the zone code; and the staff's comprehensive findings are contained in the written staff report which has been submitted to the Commission. He provided a brief overview of those findings, noting that since the freestanding sign will still be in the sight triangle after being relocated, it does not promote 12-18-95 .- . ----- - - - 28 - the health, safety and welfare of the community. He noted that the applicant is allowed one freestanding sign on the property, as long as that sign complies with the sign code. He stated that under this application, staff has been unable to find any hardships due to enforcement of the zone code. He also noted that, without adequate written or graphic material to illustrate . the proposed signage is superior in character and treatment, staff has also been unable to determine that the spirit of the ordinance is being met. The Senior Planner stated that, based on the findings, staff is unable to support the requested variances. He further noted that staff has identified signage alternatives for the site, including signage on the canopy which would provide equal or better exposure than provided by the existing freestanding sign. He forwarded staff's recommendation that the three freestanding product signs on the site also be removed, as the applicant has proposed in this application. He then forwarded two proposed conditions, should the Commission find that the application meets the three criteria and choose to approve it. He then reminded the Commission that four votes are required to approve variances. Responding to Commissioner Stueck, the Senior Planner stated that the . measurements for determining the sight triangle are contained in the zone code. He stated that on the subject site, the freestanding sign, a product sign, a fire hydrant, two light poles and two curb cuts are located within the sight triangle. Responding to Commissioner Youngman, the Senior Planner stated that many of the new service stations are posting their prices on the tops of the pumps; and that seems to be working very effectively. Mr. Merv Wagner, Rimrock Signs, stated his firm has been contracted to submit this application for variances on behalf of Holiday Stations, in response to a notice which they had received from the City. He stated that Holiday Stations is trying to be a good neighbor, complying with the rules and regulations of the City while avoiding negative impacts on adjacent properties. In light of that desire, they are trying to avoid the installation of a low . profile sign at the southern property boundary, which would block the new monument sign installed by Dairy Queen. Mr. Wagner stated that eliminating the pole sign would create a definite hardship for the business because the price of their product is a vital piece of information to the motoring public. He stated that a review of the sight triangle has revealed that the relocated 12-18-95 -.---.-..--- --.-...-. .. .--- --.----.---- - 29 - freestanding sign would essentially be behind where a driver would be looking to monitor traffic along North 7th Avenue; the light poles on the site are relatively small and do not create blind spots; and the fire hydrant is below the line of vision. He noted that removal of the product sign, as proposed in the application, would serve to further enhance the corner. . Mr. Wagner stated that, since the signage for the subject parcel must be adequate to allow drivers in the center lanes on North 7th Avenue to see the station in time to maneuver into position to enter the site, he feels it is imperative that the pole mounted freestanding sign be allowed to remain. He stated that signage on the ends of the canopy would not allow the time needed to change lanes and reach the site. Responding to City Manager Wysocki, the Senior Planner stated that many of the Exxon stations in town post their prices below the canopy, just above the pumps. Responding to Commissioner Frost, Senior Planner Skelton stated that at the minimum setback of 15 feet, a sign may be 28 square feet in size and 13 feet high. He then reminded the Commission that these are variances; therefore, the decision must be based on the three criteria established by the Montana Supreme Court. . Mr. Wagner encouraged the Commission to approve the application, noting that removal of the product signs and relocation of the pole sign will improve the visibility on the site as well as make the site more attractive. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Commissioner Frost noted it is clear that this application does not meet any of the three criteria for review of variance requests. Commissioner Youngman stated that the criteria for considering variances cannot be bent; and this application does not meet them. She then noted that Holiday Stations are located in communities with more stringent sign codes than Bozeman's; and she feels that they can meet the local requirements without jeopardizing their business. . Commissioner Stiff stated concurrence with the staff findings and conclusion. Mayor Vincent stated that he is impressed by the firm's concern about potentially blocking the neighbor's sign; and he expressed an interest in working with Holiday Station to identify signage that will work for the site while protecting the neighboring signage that 12-18-95 -.".-.. .--...-. ____n_.__ - 30 - complies with the sign code. He then concurred with the other Commissioners that this application does not meet the three criteria for review of variance applications. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. . It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission deny the variances requested by Rimrock Sign for Holiday Station, under Application No. C-9513, to replace the existing freestanding reader board with smaller 2-foot by 8-foot sign which exceeds maximum allowable area and height for pole sign at minimum setback and allows encroachments into the minimum 15-foot setbacks on Lots 1 through 6, Block 8, Springbrook Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Public hearina - Certificate of Appropriateness with exemption from ChaDter 18.65 of the Bozeman MuniciDal Code to allow existing freestandina sian to remain on a Dortion of NEY4. NE Y4. Section 12. T2S. R5E. MPM and Lot 1 and west 15 feet of Lot 2. Rearranaement of Border Tract 13 - Frontier Pies. 302 North 7th Avenue (Z.95143) . This was the time and place set for the public hearing on the Certificate of Appropriateness with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Frontier Pies, under Application No. 2-95143, to allow the existing freestanding sign to remain on a portion of the northeast one-quarter of the northeast one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, and Lot 1 and the west 15 feet of Lot 2, Rearrangement of Border Tract 13. The subject site is more commonly located at 302 North 7th Avenue. Mayor Vincent opened the public hearing. City Manager Wysocki noted that, included in the Commissioners' packets, was a letter from Frontier Pies requesting that this item be delayed to January 8, 1996. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission continue the public hearing until 7:00 p.m. on Monday, January 8, 1996, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. 12-18-95 - - - 31 - Appointments to Board of Adjustment Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated December 15, forwarding the list of applicants for all of the openings on the various boards and commission. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Frank Boschi and Jeff Rupp be reappointed to the Board of Adjustment, with three-year terms to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Appointments to Bozeman Area Bicycle Advisory Board Since there were no applications for the vacancies on this board, the Commission authorized and directed the Clerk to readvertise. Appointments to Cemetery Board . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that Robert Duntsch be reappointed to the Cemetery Board, with a three-year term to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. The Clerk was directed to readvertise the remaining vacancy on this board. Appointment to library Board of Trustees It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission appoint Alan S. Kesselheim to replace Mike Kennedy on the Library Board of Trustees, with a term to expire on June 30, 1998. The motion carried by the following Aye . and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. Appointment to Pedestrian/Traffic Safety Committee It was moved by Commissioner Frost, seconded by Commissioner Stueck, that Shirley 12~18-95 - 32 - Sedivy be reappointed to the Pedestrian/Traffic Safety Committee, with a two-year term to expire on December 31, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. . Appointment to City-County Planning Board It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Clark Babcock be reappointed to the City-County Planning Board, with a two-year term to expire on December 31, 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those voting No being Commissioner Stiff. ADDointments to Recreation and Parks Advisorv Board It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the Commission reappoint Terry Baldus and Gene Brooks to the Recreation and Parks Advisory . Board, with three-year terms to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission appoint Bruce Parker to replace Jeff Ball on the Recreation and Parks Advisory Board, with a three-year term to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. It was moved by Commissioner Stueck, seconded by Commissioner Stiff, that Richard McConnen be appointed to replace David Jones on the Recreation and Parks Advisory Board, with a three-year term to expire on December 31, 1998. The motion failed by the following . Aye and No vote: those voting Aye being Commissioner Stueck and Commissioner Stiff; those voting No being Commissioner Youngman and Mayor Vincent. Commissioner Frost abstained. It was moved by Commissioner Frost, seconded by Commissioner Stueck, that Tim Snyder be appointed to replace David Jones on the Recreation and Parks Advisory Board, with a three-year term to expire on December 31, 1998. The motion carried by the following Aye 12-18-95 -..- .- --- - 33 - and No vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. Appointments to Senior Center Advisorv Board . It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission reappoint Esther Barr and Jean Thorson to the Senior Center Advisory Board, with two-year terms to expire on December 31, 1997, and appoint Charles Stablein to replace Alice Running on the Senior Center Advisory Board, with a term to expire on December 31, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. ApPointments to Tax Increment Financing Industrial District (TIFID) Board It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Carl Bear and Fred Videon be reappointed to the Tax Increment Financing Industrial District . Board, with three-year terms to expire on December 31, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. The Commission directed the Clerk to readvertise the remaining vacancy on this board. Appointment to Transportation Coordinating Committee It was moved by Commissioner Frost, seconded by Commissioner Stueck, that Paul Weingart be reappointed to the Transportation Coordinating Committee, with a two-year term to expire on December 31, 1997. The motion carried by the following Aye and No vote: those . voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your 12-18-95 _._____. n_____......._.._.. - 34 - Information" items. (1 ) Letter from John Burne, 205 West Dickerson Street, dated December 7, complaining about the sign recently erected on North 19th Avenue, immediately north of West Main Street. . Commissioner Frost stated that he looked at the sign after receiving the letter. He characterized it as a large interstate sign for food and lodging, noting it is inappropriate for a 35-mile-per-hour speed zone. (2) Memo from Neighborhood Coordinator/Grants person Goehrung, dated December 14, asking that a Commissioner be appointed to the selection committee for an architect for the Senior Center expansion. Commissioner Stueck stated that, as the incoming Mayor, he is willing to serve in that capacity. (3) Copy of a letter from City Engineer Brawner to Ms. Mary Lou Aicher, dated December 12, regarding sidewalks. (4) Copy of a memo from Street/Sanitation Superintendent Roger Sicz to . Director of Public Service Forbes, dated November 30, indicating that 308 tons of white goods have been processed in Calendar Year 1995. (5) Agenda for the County Commission's continued public meeting to be held at 11 :00 a.m. on Tuesday, December 19, at the Willson School, and the regular meeting to be held at 1 :30 p.m. on Tuesday, December 19, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 19, in the Community Room of the Library. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, December 19, in the Commission Room. (8) Copy of a letter from Planning Director Epple to Karst Stage, dated December 15, issuing a special temporary use permit. . (9) Letter from Merlin Hecock, 160 Meagher Avenue, dated December 15, expressing concern about the traffic circle on North Yellowstone Avenue. (10) Memo from City Attorney Luwe, dated December 18, regarding the Mitchell court case. 12-18-95 - 35 - (11 ) The City Manager submitted his weekly report, as follows. (1) Announced that several arrests have been made for shopping with "hot" checks. (2) Announced that the Parking Commission met last week. (3) Attended the Interagency Breakfast meeting last week. (4) Announced that in November, there were 20 citations issued for use of tobacco products . by juveniles. 151 Noted that most of the lighting in City Hall has been replaced. (6) Announced that last Thursday's session for Leadership Bozeman was on local government; and several staff members made presentation. ( 12) Commissioner Stueck submitted the following. (1) Stated that several high school students are voluntarily attending the "quit smoking program". (2) Noted that Commissioner Stiff has brought to his attention the need for an expanded parking area for the Senior Center expansion. He has asked Assistant Planning Director Arkell to research the terms under which Centennial Park was dedicated to the City to determine whether a portion of the park can be used as a parking lot to serve both the Senior Center and the park. He also noted his intent to ask the Recreation and Parks Advisory Board for its input on the subject. (3) Noted that, included in the Commissioners' packets, was information he gathered at the . National League of Cities Congress of Cities earlier this month. (13) Commissioner Youngman submitted the following. (1) Attended the Library Board of Trustees meeting and the Interagency Breakfast meeting last week. (2) Noted that the Library Board of Trustees will approach the Commission in January for approval of an unbudgeted expenditure. (3) Stated that she wrote a brief memo to the Study Commission regarding ideas for communicating with the public and board members. (2) Asked that the telephone number for the agenda message be added to the bottom of the published agenda and possibly to the message for the City Hall telephone number. (14) Commissioner Stiff submitted the following. (1) Attended the City-County Health Board meeting last week. (2) Stated his appreciation for Commissioner Stueck's approaching the Recreation and Parks Advisory Board about additional parking for the Senior . Center. (3) Recognized former Commissioners Ed Sedivy, Sr., and Milt Vandeventer for their assistance throughout his first years as Commissioner. (16) Mayor Vincent submitted the following. (1) Noted that he spent last week taking care of his father's estate. He stated that the house was put on the market at $155,000; and a $3,100 real estate transfer sales tax will be assessed on the sale. (2) Stated 12-18-95 - -.----- - 36 - that in King County, white goods are not accepted at the landfill; rather, one must pay an appliance store to recycle them. Adjournment - 8:35 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ATTEST: (l~J~ ROBIN L. SULLIVAN . Clerk of the Commission . 12-18-95