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HomeMy WebLinkAbout1995-10-23 ccmSPEC/WORK _..___.._ .._._.__._n..___._.._ ._____..._....____ _... MINUTES OF THE SPECIAL MEETINGIWORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA October 23, 1995 ****************** *********** . The Commission of the City of Bozeman met in special meeting and work session in the Commission Room, Municipal Building, October 23, 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. Signing of Notice of SDecial Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting for the purpose of making a decision on the zone map amendment requested by Gene Cook, et al. Decision - Zone MaD Amendment - R-3 and R-4 to R-MH - Gene Cook for Gary Cook. George . E. and Alice M. Cook. Walter L. and Susan S. Olsen and 4K Limited Partnership - 20.0-acre Darcel known as Tract 1 and Tract 2. Barrick Annexation. located in the E%. NE%. SW%. Section 11. T2S. R5E. MPM (alona south side of 2700 and 2800 blocks of West Babcock Street) (Z -95117) This was the time and place set for the decision on the Zone Map Amendment, as requested by Gene Cook for Gary Cook, George E. and Alice M. Cook, Walter L. and Susan S. Olsen and 4K Limited Partnership, under Application No. Z-95117, to change the zoning designation from R-3, Residential--Medium-density, and R-4, Residential--High-density, Districts to R-MH, Single-Family Mobile Home, District on a 20.0-acre parcel known as Tract 1 and Tract 2, Barrick Annexation, located in the East one-half, Northeast one-quarter, Southwest one- quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located along the south side of the 2700 and 2800 blocks of . West Babcock Street. Mayor Vincent noted that, included in the Commissioners' packets were copies of the permitted uses allowed in the R-3, R-4 and R-MH zones as well as draft minutes from the public hearing held at last week's meeting. 10-23-95 --- ----- -- -..-..-..--...-. - 2 - Commissioner Stueck stated his support for the proposed zone map amendment because it represents downzoning, and the uses allowed in the R-MH zoning are very similar to those allowed in the R-3 and R-4 zones except for mobile home parks. He noted that during subdivision review or any development review process, staff and any other reviewing body can . carefully consider buffering requirements to ensure that the eastern border of the Babcock Meadows Subdivision is protected. He suggested that this could be accomplished through some type of stick-built construction, such as duplexes or possibly four-plexes on the western lots on this parcel. He noted that buffering from development across West Babcock Street must also be addressed at the appropriate steps to ensure that the existing single-family residences are not negatively impacted. Commissioner Frost stated his support for the requested rezoning, stating his biggest concern is the potential impact on adjacent properties. He indicated that he, too, will look closely at any proposals in the future to ensure that those impacts are mitigated. Commissioner Youngman stated her support for the requested rezoning. She noted that the Commissioners were not aware, at least until after they had approved the Babcock . Meadows project, that Mr. Crutcher had any interest in multi-family or mixed use development. She recalled that during the public hearings on this project, she questioned why smaller lots or smaller houses were not included, to provide some level of affordability; and she received no real answers at that time. She suggested that if Mr. Crutcher is concerned about the potential negative impact that the proposed rezoning might have on the eastern side of his development, he may wish to seek authorization to construct some multi-family units along that side, possibly through a request for lifting of the plat restriction for those lots. She cautioned that this request must be weighed in light of potential impacts on adjacent properties as well as staff's analysis. She then indicated that, with buffering, she feels development of the property under the requested R-MH zoning designation could be appropriate for the area. Commissioner Stiff stated concurrence with many of the comments forwarded by the . previous Commissioners. He noted that, after discussions with staff and a review of the draft minutes, he feels the requested zoning is appropriate. He recognized that the property might not be developed by Mr. Cook, which does create some concern; however, he feels that through the development process, those concerns can be addressed. 10-23-95 . u._____ - 3 - City Attorney Luwe cautioned that under the R-MH zoning, multi-family development is not allowed except through a conditional use permit for a planned unit development. He then concurred with Commissioner Stueck's assessment that single-family stick-built residences could be used as a buffer between manufactured homes and the Babcock Meadows . development. Mayor Vincent stated his opposition to the requested rezoning, citing uncertainty about development under the new zoning as one of the reasons. He stated that, for development to be successful, it is important that predictability and consistency be provided. He noted that those who spoke in oPPosition to this requested rezoning all indicated their support for the existing R-3 and R-4 zoning, and that they are willing to accept the development that might occur under those zones. He noted that all of the Commissioners are concerned about affordable housing; however, he suggested that affordable housing could be provided under the existing zoning designations. Mayor Vincent quoted from an editorial published in the Bozeman Daily Chronicle on Tuesday, June 2, 1992, the day after he was the lone dissenting vote on the application to . allow condominiums along the north end of Figgins Addition. He noted that the subdivision had been solely single-family residential development to that point; and many of the residents spoke in opposition to the proposed condominium development. He stressed the importance of remembering that zoning is designed to protect and preserve development within the community, ensuring some certainty about what is allowed in an area. Planning Director Epple noted that the issue which Mayor Vincent addressed involved a planned unit development in an existing R-3 zone, although he recognized that the impact on the neighborhood is essentially the same. He then indicated that during subdivision review, the buffering issue can be addressed. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Zone Map Amendment, as requested by Gene Cook for Gary Cook, . George E. and Alice M. Cook, Walter L. and Susan S. Olsen and 4K Limited Partnership, under Application No. Z-95117, to change the zoning designation from R-3, Residential--Medium- density, and R-4, Residential--High-density, Districts to R-MH, Single-Family Mobile Home, District on a 20.0-acre parcel known as Tract 1 and Tract 2, Barrick Annexation, located in the East one-half, Northeast one-quarter, Southwest one-quarter of Section 11, Township 2 South, 10-23-95 - 4 - Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Commissioner Frost; those voting No being Mayor Vincent. . Dis~ussion - FYI Items "For Your City Manager Wysocki presented to the Commission the following Information" items. ( 1 ) Notice of Special Meeting, for a joint work session to be held with the County Commission at 7:00 p.m. on Wednesday, October 25, regarding impact fees. (2) Memo from Planning Director Andy Epple, dated October 19, forwarding a proposed agenda for the joint work session to be held on Wednesday evening. (3) Memo from Commissioner Youngman, dated October 19, forwarding her ideas and suggestions as a result of her recent interview with the Study Commission. (4) Invitation from County Commissioner Phil Olson to attend a meeting at 1 :30 p.m. on Friday, October 27, in the Community Room of the Courthouse to discuss development of . a feasibility study for a composting plant. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, October 24, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 24, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 24, in the Commission Room. (8) Minutes from the regular meeting of the Montana Transportation Commission held on August 10, along with minutes from their telephone meetings of August 14, August 31 and September 6, 1995. (9) The City Manager submitted his weekly report, as follows. (1) Noted that crews . will begin leaf pick-up later this week. (2) Announced that the Bozeman Police Department hosted the annual DARE Conference this past week. (3) Announced that the Bozeman Ponds were dedicated on Saturday morning. (4) Met with representatives from the Humane Society about another possible location for their business. (5) Attended the TCC meeting on Wednesday morning, at which all transportation projects were reviewed. (6) As a member of 10-23-95 ----.. --.----.. - 5 - the Community Relations Committee for the Chamber of Commerce, attended the Banquet for Excellence at MSU on Friday evening. (7) Announced that Deputy Fire Chief AI Scholes just returned from two weeks at the Fire Academy. (8) Invited the Commissioners to attend an Interagency Breakfast meeting at Bridger Barbecue at 7:00 a.m. on Wednesday, November 15. . 19) Announced that this is Drug Awareness Week, which is why the red ribbons have been distributed. (10) Commissioner Stueck noted that care must be taken to monitor the next legislative session, particularly in light of the potential that the jurisdictional area for building and zoning could be reduced. (11 ) Commissioner Frost noted that he just returned from five days in Philadelphia. He noted the downtown area has many historic buildings that are being returned to their original character after having been redone. He stated that 90 percent of the streets in the downtown are 28 feet wide, with parking on only one side of the street, and lots of potholes. ( 12) Commissioner Youngman submitted the following. (1) Indicated that she will provide a report on the TCC meeting at next week's meeting. (2) Asked that her memo about . her interview with the Study Commission should be placed on next week's agenda for discussion; the Commission concurred. ( 13) City Attorney Luwe submitted the following. ( 1) Stated that the City has obtaining a permanent injunction against Karst Stage, with a stay to November 13 to allow the applicant an opportunity to submit an application for a conditional use permit. He reminded the Commission that this case began in 1993; and the Court has upheld the City's position. (2) Showed the Commissioners a picture of a non-traditional Wal-Mart building in California, noting that it blended well with the surrounding structures. Work Session - (A) Presentation of reDort from ad hoc committee re cable television franchising: (B) Meeting with members of the City-County Planning Board . (A) Presentation of report from ad hoc committee re cable television franchising Ad hoc committee members present included: Lynne Merrick, Chair, media/technology/ education; Erik Nelsen, technology/interested consumer; Dan Smith, educator and commercial production, media/technology; and Dennis Mayer, producer at Channel 26, media/technology. Also present was Don Branton, General Manager of TCI Cablevision in Bozeman. 10-23-95 ---.---..-.".-.-.- -...-.....---- .. . ..- .. .--...-..-..-..--.-- --.-.."..-..- ----.- - 6 - Ms. Merrick stated that the committee, which was formed in March 1994, has been carefully looked at the issue of cable television franchising to determine whether it would be appropriate for the City of Bozeman. The initial step was to review the report prepared by a similar committee in 1983. After reviewing that report and considering new developments in . this area, Ms. Merrick stated that the committee affirmed the three recommendations from the previous committee and added several other recommendations, for a total of eleven recommendations contained in the written report which has been distributed to the Commission. Ms. Merrick stated that the committee has identified a franchise fee as a financial opportunity to plan and implement public telecommunications in the community. She stated an estimate of revenues suggests that, for Bozeman and the County, $8,600 to $9,000 would be collected on a monthly basis. She also noted that, under a franchise agreement, start-up costs for a community access service could be negotiated, with the cable provider furnishing those funds. Ms. Merrick encouraged the Commission to accept the committee's recommendations, . noting that now seems to be the time to implement a franchise fee and develop a public access service. She noted Bozeman is one of the only major communities in Montana that has not entered into a franchise agreement with the cable television provider. Mr. Dennis Mayer reminded the Commission that the previous committee made essentially the same basic recommendations as this committee; and he encouraged them to enter into a franchise agreement while the window of opportunity remains open. He cautioned that, given recent Congressional action on local governments' authority in cable television franchising, that window may soon close. He noted that other communities in Montana have taken advantage of the right to franchise cable operators, many of them using the moines to develop public access, education opportunities and government access channels. He noted that, since many of those communities have had cable television franchise agreements in place . for several years, Bozeman could take advantage of their experiences and develop the best possible agreement. He stated another community opportunity resulting from a cable television franchise agreement might be an InterNet access at the Public Library. Also, City Commission and County Commission meetings could be broadcast over the cable channels. 10-23-95 - 7 - Mr. Erik Nelsen stressed the importance of negotiating a franchise agreement with the cable television company that currently exists, noting that telecommunications companies are much less willing to negotiate agreements than the traditional cable television companies. He noted that, since a franchise agreement is non-exclusive, all cable television providers in the . community would be subject to all of the provisions of any franchise agreement negotiated with TCI Cablevision at this time. He cautioned that, with many technological advances on the horizon, it would be beneficial to enter into a franchise agreement as quickly as possible. Mr. Dennis Mayer estimated that franchise fees would generate $100,000 annually in Bozeman. He stressed the fact that these monies could be used to provide facilities for educational channels, public access and government access. Commissioner Stueck noted the 5-percent franchise fee would be borne by the consumers rather than the cable television provider. Mr. Erik Nelsen noted the cable television facilities in Bozeman are very rudimentary and have not been upgraded significantly. He noted that other communities in Montana, where franchise agreements have been negotiated, have been upgrading their facilities, providing more . up-to-date technology. He emphasized the fact that, in the meantime, Bozeman's facilities stagnate; and that is one of the committee's concerns. He stated the availability of technology and telecommunications are features which can attract high-tech businesses to Bozeman. Responding to Mayor Vincent, Mr. Nelsen stated that recently, a federal judge ruled telephone companies cannot be prevented from providing television service. Mayor Vincent noted that the discussion seems to be revolving around community access television rather than franchising. He then turned his attention to Recommendation No. 11, which pertains to ensuring compliance with the consumer protection provisions of prevailing regulations, and asked if this would require hiring someone else on staff. He also asked if this individual's salary would be paid from the franchise fee revenues or from the City's general fund. . Mr. Dennis Mayer stated that it would be necessary to assign someone to answer telephone calls and take complaints about cable television services; however, he suggested that the amount of time needed to do those duties would be relatively small. He indicated that those duties could be funded from the franchise fee revenues. He suggested that the City could use the franchise fees to cover an administrative fee as well; however, he encouraged 10-23-95 ---. -- .----.----- - 8 - the Commission to set that fee as low as possible so the majority of those monies can be used to fund the pUblic assess service which the committee has proposed. Mr. Erik Nelsen noted that the City has already accepted the responsibility for rate regulation and consumer complaints, under action taken last year. . Responding to Mayor Vincent, Mr. Branton estimated that 63 to 64 percent of Bozeman residents are cable television subscribers. Mayor Vincent asked what percentage of cable television subscribers in areas with community access television watch that channel. He stated that if only 5 to 10 percent of cable television subscribers would watch or participate in public access television, then a very high percentage of cable television subscribers would be asked to pay the costs of a service they don't use. He cautioned that, under those circumstances, it could be very difficult to convince the majority of cable television subscribers that they would be benefitted. Mr. Mayer stated there is not way to rate how a program might be received before it is aired; rather, ratings are based on how well a program does after it has aired for a few weeks. Mr. Dan Smith noted that new technology may soon provide an on-demand server, . through which a subscriber may watch a program at any time he or she wants. He noted that, if a pUblic access channel were available, this could include Commission meetings or possibly presentations which have been made at the Museum of the Rockies. Mayor Vincent stated that, while he is an advocate of community access television, he recognizes the need to ensure that enough people would be benefitted to warrant the costs involved to all subscribers. He suggested that a cost/benefit analysis could possibly provide the information necessary to make an informed decision. Mr. Erik Nelsen stated that the benefits of cable franchising extend beyond public access channels, including the ability to stay current with technology. He noted that businesses often look for advanced telecommunications when considering relocation, particularly in today's world of technology; and an upgraded system could serve to attract that type of business to . the Bozeman area. He expressed concern that if the technology support system is not upgraded, Bozeman will lose some attractive opportunities. Responding to Commissioner Stueck, Mr. Nelsen stated that in the larger communities with cable television franchise agreements, cable television technology has been upgraded; however, in Bozeman, the technology has not been upgraded since its installation. He 10-23-95 .-------.--........-- - 9 - suggested that, through a franchise agreement, the City could require that upgraded facilities be provided to allow citizens to take advantage of new technology. Responding to additional questions from Commissioner Stueck, Mr. Dan Smith stated that there is little access to local programming under the present cable configuration, with . KUSM providing the only real source for doing so. He then noted that, with InterNet, anyone with a home computer can gain access to worldwide knowledge; however, there is little opportunity for gaining information on Bozeman. Mr. Dan Smith distributed copies of information he had printed from the InterNet. He stated that, as of October 23, there were over 43 million customers and 215,000 world wide web sites. He noted that on August 30, 1995, there were only 100,000 web sites; and these statistics reflect the dramatic speed with which the InterNet programs and opportunities are expanding. He stated that, also included in the packet of information, are the home pages for Phoenix, Arizona, and Madison, Wisconsin. Responding to Commissioner Stiff, Ms. Merrick stated that in Missoula, the fees for the franchise agreement are set at $100,000 annually and those monies, when coupled with other . funds raised by the non-profit organization, provide the funds necessary to operate the public access television station. She noted that no City monies are contributed to the public access facilities other than the franchise fees. Mr. Dan Smith noted that in Billings, revenues are generated from a variety of sources to support the public access channel. He suggested that some revenue-generating possibilities also exist for such facilities, such as commercial programming. Responding to the City Manager, Mr. Erik Nelsen stated that franchise agreements are historically long-term and non-exclusive, although some cities have negotiated shorter-term agreements. Mr. Don Branton stated in Belgrade, the existing franchise agreement is for five years with the provision that negotiations for the new franchise agreement begin 36 months prior to . the expiration of the current agreement. He then stated that TCI's position is that a franchise agreement must be for a period of at least fifteen years, although he recognizes that when negotiating a franchise agreement, everything is negotiable. Responding to City Manager Wysocki, Mr. Branton stated that entering into a franchise agreement will not affect when the equipment is updated. He noted, instead, that TCI 10-23-95 - 10- Cablevision updates its capital strategic plan regularly and undertakes those capital items for which a maximum five-year payback is anticipated. He stated that the Bozeman facilities have not been rebuilt because they do not meet the criteria for capital improvements. Responding to Mayor Vincent, Mr. Branton stated that fiber optics are available in . Missoula at the present time. He noted that the installation of fiber optics has been started in Great Falls but has been temporarily halted through business decisions. He then indicated he has no position on the debate about a public access channel because he is not involved in that process. He noted, instead, the 5-percent franchise fee is submitted to the City; and how the City chooses to handle its revenues is of no concern to him. Responding to Mayor Vincent, Mr. Branton stated he would like to enter into a franchise agreement because it secures the company's right to use the public rights-of-way. Commissioner Youngman forwarded the ad hoc committee's recommendation that a public hearing on its report be scheduled as soon as possible. She noted that Ms. Mary Canty, from the Missoula program, would be willing to attend the hearing if asked to do so. She proposed that the Commission consider setting the public hearing for December 4. . City Manager Wysocki suggested that this item be placed on next week's agenda for further discussion and setting of a public hearing date. Break - 4:35 to 4:40 D.m. Mayor Vincent declared a break from 4:35 p.m. to 4:40 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Work Session (continued) - (A) Presentation of reDort from ad hoc committee re cable television franchisina: (B) Meeting with members of the City-County Planning Board (B) Meeting with members of the City-County Planning Board Members of the City-County Planning Board present for this discussion included Chair . Lisa Prugh and Michael Vincent. Planning Director Andy Epple noted that he had forwarded some proposed topics for discussion in his memo dated October 19, and suggested that those topics be used as the basis for this discussion. 10-23-95 _n_...___...__.... __.. .-.-. ...--.."'. - 11 - GIS contracting with MSU. Planning Director Epple stated that the first step in long- range planning is to develop GIS maps of the city and county road systems as well as various geographical features and property boundaries. He noted that a pilot program has been undertaken, to determine whether the information available will generate the type of mapping . that is beneficial when considering specific applications. He stated that a pilot study has also been undertaken by a group of MSU students to develop a mapping system for county roads and city streets, with that information being digitized. He stated that the initial test results seem to be favorable. The total cost of the project is estimated at $30,000; the Planning Board has endorsed the concept; and the County has indicated a willingness to bear $16,000 of the costs. Impact fees. Planning Director Epple distributed copies of the revised impact fee studies for the City, noting that he received them just prior to the meeting. He noted that, attached to the studies, is a memo from the consultant explaining the changes and responding to questions raised during the discussion a couple of weeks ago. He stated that a copy of the impact fee study from Albuquerque, New Mexico, is also included in the information submitted . by the consultant. The Planning Director also submitted a memo showing the impact fees that would have been assessed against a number of commercial projects which have recently been completed, including Dana Designs, ILX Lightwave and Blue Basket. Commissioner Stueck stated he is still concerned that the implementation of impact fees, particularly given the difference between the proposed city and county fees, will drive development out to the Four Corners area, where there is no zoning, no protection, and a close proximity to the Gallatin River. City Engineer Craig Brawner cautioned that the comparison of single-family lot costs inside and outside the city, as distributed by the City Manager, does not accurately reflect the costs of developing outside the city. He noted that septic systems have a typical life of 15 to . 25 years, while a wastewater treatment facility has a life of 40 to 50 years. He cautioned that if development is allowed to occur close to city limits without requiring connection to City services, the costs of providing those services at a later date will be significantly higher. He cited Evergreen, just outside Kalispell, and subdivisions just outside Missoula as areas where this has occurred recently. 10-23-95 ------------- - ---- - 12 - Mayor Vincent noted it is important to recognize other costs of developing outside city limits. Those include higher gasoline bills for commuting, possibly the purchase of a second vehicle, higher fire insurance costs, and possible purchase of a television satellite dish. City Engineer Brawner stated it is important to recognize that the City does provide a . guaranteed level of service in certain areas, including water, wastewater and fire services, noting the quality of those services is typically higher than the same services in the county. Also, environmental issues should be taken into consideration. Commissioner Youngman forwarded her continued concern that affordable housing projects will be negatively affected by the implementation of impact fees if some mechanism is not included under the affordable housing policy for addressing those fees. She stated that a source for funding of the impact fees for affordable housing projects should be identified before the impact fees are enacted, suggesting that process does not need to slow down implementation of the impact fees. Commissioner Stiff registered his concerns that tying the implementation of impact fees to an affordable housing policy issue could easily delay implementation of the impact fees. He . then noted that the City has set aside $200,000 in the Community Housing Fund to date; and those monies have been expended. He stated if that source of funding is to be considered, it should be considered through the budget amendment process. City Attorney Luwe noted that if impact fees are implemented without a provision in the affordable housing policy, the City can consider alternatives for funding of the fees for affordable housing projects on a case-by-case basis. Sign code implementation. The Planning Director stated that Mr. Jim Claus has accepted the invitation to attend the Commission's work session on November 13. He then reported that Code Enforcement Officer Roy Beall is developing an inventory of existing signs and pursuing the immediate elimination of illegal signs. Mr. Michael Vincent noted that the City Commission's recent approval of the request . for retention of the Blue Sky Motel sign is an example of how well the sign code really works. He noted that, while the sign is larger than would be allowed under today's code, its history is recognized and it is allowed to remain. City-County coordination. Planning Director Epple stated that the County Commission wants to meet with the City Commission again in early December to discuss growth issues and 10-23-95 -.---- ----------.--- -.-..---------,,-.----.--..- -. - 13 - to pursue county-wide planning. He also noted that the joint impact fee study is another example of coordination and cooperation. Commissioner Stiff expressed concern about the fact that another evening work session has been scheduled with the County Commission on Wednesday evening, noting that it has . created a conflict for him. The Commissioners thanked the Planning Board members for attending this work session. Adjournment - 5:55 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. . c ~\J&~ N VIN ENT, Ma'or ATTEST: (jJ~;/ ~ ROBIN L. SULLIVAN Clerk of the Commission . 10-23-95