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HomeMy WebLinkAbout1995-10-16 ccm .. - n. .___..___ ..___._ --- .,.~~-_._. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 16, 1995 ****************** *********** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 16, 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 - October 2. 1995 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the meeting of October 2, 1995, be approved as amended. 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. Presentation of award to Cemetery Foreman Tim Murohv Mr. Jim Caird, representing the Veterans of Foreign War, Post 903, and the American Legion, Post No. 14, showed the Commission a painting of the Moving Wall, as done by Scotty Robertson, a local artist. He stated that this picture will be on display at City Hall for approximately two weeks and will then be moved around to other public buildings in the community until it is permanently displayed in either the VFW Hall or the American Legion Hall. . He stated that prints will be sold for $50 each, and will be the same size as the 24-inch by 36- inch original picture. He noted the print edition will be limited to 250 prints. Mr. Caird stated that the main purpose of his appearance is to recognize the service of one of the City of Bozeman's dedicated employees. He noted that when the project to bring the Moving Wall to Bozeman was undertaken, Tim Murphy, with his expertise, patience and dedication, helped to make the project become reality. He dedicated countless hours of his 10-16-95 -." -- - 2 - own time, working to construct the grounds upon which the Moving Wall was displayed. Mr. Caird recognized that several other City employees, in the Cemetery, Water, Sewer, Streets, Parks and Forestry Departments, donated many hours of work toward the project. On behalf of the Friends of the Wall, Mr. Caird presented Cemetery Foreman Tim . Murphy with a plaque for his selfless dedication to a project that has helped to heal wounds from the Vietnam era. City Manager Wysocki thanked Cemetery Foreman Murphy for his assistance in the project, noting that he is proud of everyone in the City crews who helped to make the project a reality. Mayor Vincent congratulated Cemetery Foreman Tim Murphy on a job well done, thanking him for his willingness to take the lead on making this a successful project. Ordinance No. 1408 - Salarv Ordinance for Fiscal Year 1995-1996 Included in the Commissioners' packets was a copy of Ordinance No. 1408, as approved by the City Attorney, entitled: . ORDINANCE NO. 1408 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. City Manager Wysocki reminded the Commission that, under State statutes, the salaries for five of the City's employees are set by salary ordinance. He briefly highlighted the salary adjustments which are included in the proposed ordinance, providing alternatives for Commission consideration. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission provisionally adopt Ordinance No. 1408 as submitted, setting salaries for specified City employees for Fiscal Year 1995-1996, 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 Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. 10-16-95 -- - 3 - Selection of fifth member to the Board of Apoeals; establishment of initial terms for all five board members City Manager Wysocki reminded the Commission that at last week's meeting, four of the five positions on the Board of Appeals were filled; and appointment of the fifth member was tabled to this time. . Commissioner Stueck stated that, since the School District is filing an appeal, he will once again abstain from appointing members to the Board. Mayor Vincent stated that, to provide the most balanced membership on the Board, he feels that another architect should be appointed rather than another engineer; therefore, he will support Bayliss Ward's nomination. City Attorney Luwe announced that, early in November, he will bring back an ordinance which incorporates the provisions of the resolution under which the Board has operated as well as provisions which will allow the Board to consider appeals to provisions of some of the other uniform codes which the Commission has adopted. He noted that these changes may require expansion of the Board membership. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that . the Commission appoint Bayliss Ward to the Board of Appeals. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stiff. Commissioner Stueck abstained. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission establish the initial terms of the members to the Board of Appeals, as follows: Larry M. Barnard electrician 12/31/1998 Lyle Biekert structural engineer 12/31/1997 Gene Brooks plumber 12/31/1997 Robert V. Lashaway architect 12/31/1998 Bayliss Ward architect 12/31/1996 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your 10-16-95 .___._n - 4 - Information" items. (1 ) Memo from Planning Director Epple, dated October 13, forwarding a response from the County Commission in which they have suggested a joint work session regarding impact fees be held with the City Commission at 7:00 p.m. on Wednesday, October . 25, in the Community Room of the Courthouse. Commissioner Youngman stated that, while she will attend the joint work session, she strongly prefers that future work sessions be held at another time to avoid conflicts with church activities. Mayor Vincent stated his concurrence with Commissioner Youngman's position, but for different reasons. He noted that the City Commission has set aside two Monday afternoon sessions for this type of meeting; and he feels those time slots should be used if possible. He then indicated a willingness to consider a rotating schedule if necessary; however, his preference is for afternoon work sessions. Commissioner Stiff stated that, while he has no problem with the proposed time, he is concerned that the evening work session format will result in several "mini-public hearings". . He recognized the importance of working in tandem with the County through this process, in a true work session format. He then indicated his preference for afternoon work sessions, with those sessions extending into the evening if necessary. Commissioner Stueck stated that, while he has no problem with the proposed Wednesday evening work session, in the future he feels that the work sessions should be held during regular business hours. Mayor Vincent noted that the memo indicates that additional work sessions may be necessary, which suggests a protracted timeline. He stated his interest in a condensed timeline, rather than a timeline that might extend as long as six months. He suggested that one of the first items to be addressed at the joint work session is the timeline and the procedure to be followed. . Commissioner Frost stated his concurrence, noting an interest in adoption of impact fees in close cooperation if at all possible. (2) Letter from Anne Banks, Farmers' Market Board, forwarding a $3,000 contribution toward repair/replacement of the roof at the Bogert Pavilion. 10-16-95 n_. _______ ___ .._. ...."..n...__ .-. .-- --.- - .- .-.-...-..--- .-.---- - 5 - The City Manager reminded the Commission that replacement of the roof is included in this year's budget. He then noted that some problems with the beams have been identified; and these monies will help to offset the additional costs that will be incurred. (3) Copy of a memo from Engineering Assistant Andy Kerr to Director of Public . Service Phill Forbes, dated October 4, regarding the recent lener from Joni Staffanson. (4) Invitation to attend a meeting on recycling in southwest Montana, which is to be held on November 29 at the Jefferson County Courthouse in Boulder. (5) Copy of a letter from Brian Gallick to Nadia Beiser, dated October 1 2, expressing concerns about the fire pond which has recently been completed for the Fort Ellis Leisure Community development. (6) Press release from Senator Max Baucus' office regarding legislation to help middle class families address the increasing costs of higher education. (7) Agenda for the Bozeman Area Chamber of Commerce Government Affairs Committee meeting to be held at 7:30 a.m. on Thursday, October 19, at the GranTree Inn. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on . Tuesday, October 17, in the Courthouse. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 17, in the Commission Room. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 17, in the Commission Room. (11 ) Copy of a proposed letter to James Claus, inviting him to the November 13 work session, to discuss his proposed amendments to the sign code with the Commission in a meeting to run from 3:00 to 5:00 p.m. and 7:00 to 9:00 p.m. The Commission concurred with the letter as drafted. ( 12) The City Manager submitted his weekly report, as follows. (1) Reminded the Commission that dedication of the Bozeman Ponds as a City park is set for 10:00 a.m. on . Saturday. (2) Noted that, following the high winds last week, it was easy to tell where tree trimming had stopped on South Willson Avenue. (3) Announced that Gallatin County has developed a community corrections board to identify different ways to address the corrections system. He indicated that he will report back to the Commission as activity progresses. (4) Announced that preliminary facilities plans for the Fire Department are being reviewed. He 10-16-95 . .. _ . __n - 6 - noted that under the plan, possible combining of facilities with rural fire departments is being considered. (5) Announced that last week was Fire Prevention Week, with a full slate of activities. (6) Announced that the Transportation Coordinating Committee meeting is to be held at 10:00 a.m. on Wednesday at the library. . (13) Commissioner Stueck distributed an information sheet on the comparison of student enrollments in the Bozeman public school system for 1993, 1994 and 1995. He noted that this year's total enrollment has decreased 45 students from last year's enrollment, with the elementary grades encountering a 91 student decrease, and the middle school and high school encountering increases of 29 and 17 students, respectively. He then compared the 1995 total enrollment with the five-year projections, noting that the total of 5,038 students is 154 below the projected enrollment of 5,192 students. He stated these figures suggest that families with younger children appear to be moving outside the Bozeman school district while families with older students are moving in. He then noted that enrollments in all levels of the Belgrade and Manhattan school systems are increasing. Mayor Vincent noted that it would be interesting to see comparative figures from the . other schools in Gallatin County. He then suggested this information reflects the trend that 70 percent of Bozeman's population turns over every five years. (14) Commissioner Frost stated that the enhancement steering committee met on Wednesday, at which time they received input from those who had submitted proposals for projects to be funded. He indicated that committee members are presently evaluating and ranking those projects, on an individual basis; and those rankings will be compiled prior to the next meeting. Commissioner Stueck suggested that the enhancement steering committee consider the trail along the new middle school site, noting that through a combination of various sources of funding, the total project could be completed in a timely manner rather than on a piecemeal basis. . (15) Commissioner Youngman submitted the following. (1) Attended the Beautification Advisory Board meeting last week. (2) Attended the Library Board of Trustees meeting last week. (3) Stated that she and Commissioner Stueck attended the meeting of the Montana People's Action held last week regarding housing issues. She asked them to forward their ideas in writing, so that the Commissioners may consider them in future discussions about 10-16-95 - 7 - affordable housing. (4) Announced that the ad hoc committee to review cable television franchising is completing its report and asked that it be placed on next week's agenda for presentation during the work session. She asked that it also be scheduled for public hearing as soon as possible, suggesting November 6 as a possible hearing date. . ( 16) Commissioner Stiff submitted the following. (1) Attended the Senior Center Board meeting last week. He provided statistics on the number of Meals on Wheels and lunches served at the Senior Center during the period October 1994 through September 1995, which total nearly 63,000 meals. The City is preparing to seal coat and stripe the parking lot at the Senior Center before winter; and the Board is seeking bids for snow removal this winter rather than counting on City crews to do the work. Also, the Board is preparing to raise the $80,000 necessary to serve as the local match for the $400,000 grant to construct a day care facility at the Center. (2) Attended the Cemetery Board meeting last week. Items coming forward from that Board for Commission consideration include a proposal to prohibit dogs in the cemetery and a proposal to address concerns about fencing around the cemetery. (3) Met with Administrative Services Director Gamradt and City Manager Wysocki last week, noting . that the information from that meeting has been helpful in considering items before the Commission at this time. (17) City Attorney Luwe submitted the following. (1) Stated that after Commission approval of the consent items, he will prepare the necessary documents to complete the loan for the Comstock Apartments, for the City Manager's signature. (2) Announced that Staff Attorney Tim Cooper met with the new members of the Board of Appeals last week to discuss their rules and procedures. (18) Mayor Vincent noted that Steve Keim seems to be doing a good job as the school resource officer. He stated that no one really knows that he is in the school until he is needed, which is possibly one of the best indications that the position is working well. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Aoorove recommendation from Senior Center Advisorv Board that bv-Iaws be amended to allow no more than two members to serve concurrentlv on the Senior Center Board of Directors. oer memo dated Seotember 29. 1995 10-16-95 - 8 - Authorize City Manager to sign - Sidewalk and Public Pedestrian Access Easements - DroDerties in the 800. 900. 1000. 1100 blocks of North 7th Avenue Award Bid for 1996 Track Mounted Front End Loader for Landfill (reDia cement) - Tractor and EauiDment. Billinas. Montana - three- year lease/ourchase at an annual oayment of $44.299.33 . Reauest for reconfiauration of loan from Water (in the amount of $70.000) for water and sewer Fund for water and sewer main extensions for Comstock ADartments - per staff recommendation ADooint Commissioner Stiff and Commissioner Stueck to subcommittee to review Dledaed Securities as of SeDtember 30. 1995 Award Bid - Lighting Retrofit Proiect for City Hall comDlex - Benson Electric. Missoula. Montana - in the amount of $33.824.00 ADDroval of revised terms of Dreviously-aDDrOved loan from CDBG Revolvina Loan Fund; Der Community Affordable Housina Advisory Board Authorize Clerk of Commission to advertise for DubUc hearing for urban renewal Dlan; set DubUc hearing for November 6. 1995 Commission Resolution No. 3087 - Authorizing issuance and sale of Water Svstem Refundina Revenue Bonds. Series 1995; delegating certain duties related thereto to the City Manager and Director of Finance COMMISSION RESOLUTION NO. 3087 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, RELATING TO WATER SYSTEM REFUNDING REVENUE BONDS, SERIES 1995; AUTHORIZING THE ISSUANCE AND SALE THEREOF AND DELEGATING CERTAIN DUTIES RELATED THERETO TO THE CITY MANAGER AND DIRECTOR OF FINANCE. Building InsDection Division reDort for SeDtember 1995 Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, 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 Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Recess - 3:55 D.m. Mayor Vincent declared a recess at 3:55 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 10-16-95 ..-..---.- - 9 - Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearino - Commission Resolution No. 3081 . lewing and assessing solid waste assessments. setting tag fees and oDtional flat fees for Fiscal Year 1995-1996 This was the time and place set for the public hearing on Commission Resolution No. 3081, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Vincent opened the public hearing. City Manager Wysocki briefly reviewed some of the rates contained in the resolution, . noting that it includes tag fees set at $.85 for a mini-container and $1.10 for a container. Director of Public Service Phill Forbes stated that each year, he and Administrative Services Director Gamradt review the status of the Solid Waste Fund and project expenses for the upcoming year. As a result of that analysis, staff has proposed a 5-percent increase for solid waste collection fees and a 7-percent increase for landfill fees. Under this proposal, the base rate for solid waste collection will increase from $47.00 to $49.35; and the increase in tag fees represents the same 5-percent increase. No one was present to speak in support of or in opposition to the proposed assessments. Mayor Vincent closed the public hearing. . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission finally adopt Commission Resolution No. 3081, establishing solid waste collection fees and levying and assessing a special assessment for solid waste collection for Fiscal Year 1995-1996. The motion carried by the following Aye and No vote: those voting Aye being 10-16-95 ... _ .___".. ._____ _.___._ _____ _n.___._ ._.___ - 10 - Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearing - Commission Resolution No. 3082 - assessing delinquent aarbage bills for Fiscal Year 1995 . This was the time and place set for the public hearing on Commission Resolution No. 3082, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Mayor Vincent opened the public hearing. City Manager Wysocki announced that there are two delinquent solid waste accounts involved, totalling $466.10. These delinquencies are the result of the property owners failing to pay their bills through the accounts receivable process for collections which have been . started during the fiscal year. Under this resolution, those delinquencies will be placed on this year's assessments. No one was present to speak in support of or in opposition to the assessments. Mayor Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission finally adopt Commission Resolution No. 3082, levying and assessing delinquent solid waste collection charges for Fiscal Year 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. Public hearina - Commission Resolution No. 3084 -Ievvina and assessina assessments for SID . No. 660 - improvements to Vallev Unit Park - bond amount of $135.000.00 This was the time and place set for the public hearing on Commission Resolution No. 3084, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF 10-16-95 .-.. . .-.--.-....-.---- --.---.-:---- --... .---. - . -. . --..---.... _..u___._ - 11 - TAXES UPON ALL BENEFITED PROPERTY IN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 660 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 660. Mayor Vincent opened the public hearing. . City Manager Wysocki reminded the Commission that Special Improvement No. 660 was created as the result of a petition signed by many residents in the original Valley Unit Subdivision, for the purpose of funding improvements to the Valley Unit Park. He stated that under this resolution, assessments for that special improvement district will begin. He indicated that those assessments will be based on the bond amount of $135,000. Mr. Don Borgeson, 311 Teton, stated he was opposed to the creation of this special improvement district; and he is opposed to the assessment as well. He expressed concern that residents in the area already pay a special assessment for street lighting, and increasing the amount of assessments paid creates a hardship for the retired individuals who live in the subdivision. He then stated that he feels all parks should be developed in the same manner, through the use of City funds, rather than people in certain areas being asked to bear the costs . of developing their own parks as well as contributing to all of the other parks in the community. Commissioner Stueck noted that the assessments for this district will run for seven years; and they are set at .06 cents per square foot. He noted that this special improvement district was created because the residents wanted the park improved immediately; and the City did not have the funds to meet the request. He stated that the City has indicated a willingness to accept the responsibility for maintenance of the park once it is improved. Mayor Vincent closed the public hearing. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 3084, levying assessments for Special Improvement District No. 660. 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 ~ Commission Resolution No. 3085 - levvina and assessing Dreliminarv assessments for SID No. 663 ~ Davina of West Oak Street west from North 19th Avenue a distance of 1.642 feet - bond amount of $239.600.00 This was the time and place set for the public hearing on Commission Resolution No. 10-16-95 --. - 12 - 3085, as approved the City Attorney, entitled: COMMISSION RESOLUTION NO. 3085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 663 IN THE CITY Of BOZEMAN, COUNTY Of GALLATIN, . STATE Of MONTANA, TO DEfRAY THE COST Of CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 663. Mayor Vincent opened the public hearing. City Manager Wysocki stated that under this resolution, assessments for Special Improvement District No. 663, which provides for paving of West Oak Street west from North 19th Avenue, will begin with this year's assessments. He indicated that those assessments will be based on the bond amount of $239,600. No one was present to speak in support of or in opposition to the assessments. Mayor Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Commission Resolution No. 3085, levying assessments for . Special Improvement District No. 663. 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. Public hearing - Commission Resolution No. 3086 - intent to vacate Dortion of West Babcock Street immediatelv northeast of realianed intersection of West Main Street/West Babcock Street/South 23rd Avenue This was the time and place set for the public hearing on Commission Resolution No. 3086, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3086 A RESOLUTION OF THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION Of SAID COMMISSION TO V ACA TE AND ABANDON THAT PORTION OF WEST BABCOCK STREET . RIGHT-Of-WAY LYING ADJACENT TO AND NORTH Of LOT 1 AND LOT 3A-2, AND ADJACENT TO AND SOUTH OF LOT 3B-1, ALL IN BLOCK 3, KIRK'S FOURTH SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. Mayor Vincent opened the public hearing. City Manager Wysocki stated that under this resolution, a portion of West Babcock Street lying immediately northeast of the realigned intersection of West Main Street/West 10-16-95 ---. - - .-. --... --...------- - ----.- - 13 - Babcock Street/South 23rd Avenue is to be vacated, in response to an application filed by the owners of the University Square Subdivision. No one was present to speak in support of or in opposition to the proposed street vacation. . Mayor Vincent closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the proposed vacation of that portion of West Babcock Street right-of-way lying immediately northeast of the realigned West Main Street/West Babcock Street/South 23rd Avenue intersection, and authorize and direct staff to bring back an ordinance vacating the street. 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 hearing - Zone MaD Amendment - B-1. R-3 and R-4 to R-O. R-3 and R-4 - Ken LeClair - 21.36-acre Darcel known as Tract A. COS No. 1510 (southeast corner of intersection of Ferauson Avenue and West Babcock Street) (Z-9581) . This was the time and place set for the public hearing on the Zone Map Amendment requested by Ken LeClair, under Application No. Z-9581, to change the zoning designations from B-1, Neighborhood Service, R-3, Residential--Medium-density, and R-4, Residential--High- density, Districts to R-O, Residential--Office, R-3, Residential--Medium-density, and R-4, Residential--High-density, Districts, on a 21.36-acre parcel known as Tract A, Certificate of Survey No. 1510. The subject site is more commonly located at the southeast corner of the intersection of Ferguson Avenue and West Babcock Street. Mayor Vincent opened the public hearing, reviewing the items which may be taken into consideration when acting on a request for rezoning. Assistant Planning Director Debbie Arkell presented the staff report. She stated that Mr. LeClair acquired this parcel from the City, through one of its auction sales of Valley Unit . Subdivision lots. The subject parcel is a part of the original Valley Unit Subdivision; but it was not a part of any of the phased subdivisions which were platted. The property remains vacant, although it was annexed in 1980. She stated that the current zoning includes 5.57 acres, located at the southeast corner of West Babcock Street and Ferguson Avenue, zoned B-1; and, due to the close proximity of commercially zoned property which is currently being developed, 10-16-95 ..-.-. -- ---..-. ------- - 14 - that zoning is to be eliminated, with an equal amount of land at the northeast corner of Ferguson Avenue and Fallon Street to be zoned R-O. She then reviewed the zoning changes being requested under this application, which include the previously-mentioned changes in zoning from B-1 to R-4 and from R-4 to R-O. The remainders of the R-3 and R-4 zones are to . remain as presently zoned. She summarized the requested amendments by noting that the net result is to change from B-1 to R-O zoning, with an accompanying change in location so that the new R-O zoning is immediately across Fallon Street from the existing commercial zoning in the old Valley Unit Subdivision. The Assistant Planning Director stated that on October 3, the City-County Planning Board conducted its public hearing on this requested rezoning, taking into consideration the twelve criteria set forth in State statute and the staff's findings, as contained in the written staff report. Following that pUblic hearing, the Planning Board concurred in staff's recommendation for approval of the requested zone changes. Mr. Ken LeClair, applicant, stated a willingness to respond to questions. No one was present to speak in opposition to the requested zone code amendments. . 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 Ken LeClair, under Application No. Z-9581, to change the zoning designations from B-1, Neighborhood Service, R-3, Residential--Medium-density, and R-4, Residential--High-density, Districts to R-O, Residential-- Office, R-3, Residential--Medium-density, and R-4, Residential--High-density, Districts, on a 21.36-acre parcel known as Tract A, Certificate of Survey No. 1510. 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. 10-16-95 - -- -... --.." ..-.---.- - 15 - Public hearing - Zone MaD Amendment - R-3 and R-4 to R-MH - Gene Cook for Garv Cook. George E. and Alice M. Cook. Walter l. and Susan S. Olsen and 4K limited PartnershiD - 20.0- acre Darcel known as Tract 1 and Tract 2. Barrick Annexation. located in the E%. NEv... SWv... 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 public hearing 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 opened the public hearing. Senior Planner Dave Skelton presented the staff report. He displayed an aerial photo of the subject area, taken in 1991, noting that a substantial amount of development has . occurred since the photo was taken. He noted that the photo depicts a mobile home subdivision immediately to the east of the subject property, a small mobile home park immediately to the north of the subject property, and two large mobile home parks across West Main Street, to the south of the subject property. He stated that under the requested zoning, mobile home subdivisions and mobile home parks would be allowed as well as single-family residential development. He indicated that the property is currently vacant, and is surrounded by single-family dwellings, multi-family structures, mobile homes, and commercial development. The Senior Planner stated that staff has reviewed this application in light of the twelve criteria contained in the State statutes for considering zone changes, noting that the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He briefly highlighted some of those findings, as well as some . of the concerns which were raised during the public hearing before the City-County Planning Board. He stated that, theoretically, under the current R-3 and R-4 zoning, up to 300 dwelling units could be constructed on the subject twenty acres without going through the planned unit development process or seeking a density bonus; under the proposed R-MH zoning designation, a maximum of 120 single-family dwelling units could be developed. He noted that under the 10-16-95 ----....- ...---.-- -.- -.---.-----..---- - 16 - R-MH zoning designation, one-story manufactured homes, or possibly two-story single-family dwellings could be located on the site; under the R-3 and R-4 zoning designations, three-story buildings not exceeding 38 feet in height could be constructed. Also, under the R-3 and R-4 zoning designations, the minimum lot size is 5,000 square feet; under the R-MH zoning . designation, the minimum lot size is 5,500 square feet Senior Planner Skelton noted that the 1990 Bozeman Area Master Plan Update designates the subject property as "urban residential infill". He recognized that residents along West Babcock have dealt with a substantial amount of development over the past few years, in an area which has been vacant for many years but which has been designated for residential development. He quoted from Goal No. 2--Residential in the Master Plan, noting that it "encourages the construction of a full range of housing types, sizes and costs, including manufactured and modular homes, to assure the opportunity for future residents to obtain a choice of living environments." He also quoted from the policy guidelines in the affordable housing policy which was adopted by the Commission in December 1994, in which Guideline No.7 states "Concerns of existing neighborhoods related to increased densities, generally . associated with affordable housing developments, will be given consideration. However, neighborhood impacts will be weighed along with the benefits to the community as a whole." The Senior Planner stated that, based on surrounding land uses and staff findings on each of the twelve criteria, staff has forwarded a recommendation for approval of the requested zone map amendment. He noted that during the public hearing before the City-County Planning Board, a substantial amount of testimony in opposition to the rezoning was received. He briefly summarized some of that testimony, noting that a majority of the testimony was received from residents in County Zoning District No.1. He then noted that the Commission has received a petition signed by a number of residents in the general area. He stated that, included in the packet, was a letter of support from Suzie Haggerty, 3104 West Babcock Street, received on October 1 2. . Mr. Gene Cook, applicant, stated that he and those he represents have owned the subject twenty acres for the past twenty years. He noted that over the past several years, he has had a number of opportunities to sell the property, including one offer under which 150 high-density apartment units were proposed. He stated that, as a result of listening to people in the community, he has identified the lack of mobile home lots as a need which he feels can 10-16-95 -.------- - .----- ,,-- - 17 - be addressed through this requested zone map amendment. He noted that there appears to be a demand for this type of development, both from younger families attempting to find some type of affordable housing and older, retired couples who wish to downsize and possibly go south during the winter. . Mr. Cook stated that he understands the opposition which has been forwarded. He noted, however, that since the subject property already has mobile home developments on the east and the north and commercial development on the south, it seems like a prime location for the type of use allowed under the R-MH zoning designation. He noted that a 3D-foot easement lies along the west property line, which provides increased buffering for the single- family development to the west, the only single-family development abutting this parcel. He suggested that, through some significant landscaping, this 3D-foot strip could serve to mitigate many of the concerns which have been expressed. Mr. Cook emphasized the fact that, to date, he has prepared no firm proposal for development of the subject twenty acres. He stated, instead, that if this requested zone map amendment is approved, he will develop a general plan and revise that plan, based on input . from the Planning staff. Development Review Committee and Design Review Board. to generate a specific plan for consideration by the appropriate review bodies. He suggested that, at that time, covenants could be considered to help alleviate some of the concerns which have been expressed by neighbors to date. Responding to Commissioner Stueck, Mr. Cook stated that he has provided an easement across his property for the Babcock Meadows development to gain an emergency access through the Main Mall parking lot. He noted that, before the Main Mall was constructed, he attempted to obtain a permanent easement through that property to West Main Street to avoid the potential of a bottleneck in traffic circulation patterns along the south side of West Babcock Street. He then indicated a willingness to work with some of the property owners immediately to the south to develop some type of access to West Main Street if at all . possible. Mr. Steve Hawkinson stated his support for the proposed rezoning, noting that he is the owner of a new mobile home sales business in Belgrade which carries aesthetically pleasing manufactured homes at an affordable price. He noted that six years ago, there were 64 vacant lots for manufactured homes in and near Bozeman; now there are none. He stated that 10-16-95 - 18 - Covered Wagon Mobile Home Park, which was constructed in 1972, was the last mobile home park established, with the possible exception of the Wheeler Court. Ms. Esther Reiter, 3006 West Babcock Street, expressed concern that this requested rezoning could lead to "another Hunters Way", with a variety of development. She noted that . Babcock Meadows is becoming a very nice subdivision, being well designed with a significant amount of landscaping. She stated that her preference would be to see the subject twenty acres be developed with single-family residences or possibly modular homes installed under strict covenants. Mr. Mike Lilly, attorney representing Babcock Meadows Subdivision and Partnership, cautioned the Commission to carefully consider what type of development could occur under the R-MH zoning designation. He noted that while people may trust Mr. Cook and his type of development, there is no guarantee that the land might not be sold because of extenuating circumstances, to someone who might develop the property within the confines of the new zoning, but in a manner that is not compatible with the surrounding area. Mr. Lilly highlighted some of the amenities which have been completed in the Babcock . Meadows Subdivision, including enhancement of the stream, bridges across the stream, and development of an attractive linear park. He stated that when the development of this subdivision was originally considered, it included some mixed use development; however, in light of concerns expressed by staff, the public and the Commission, Mr. Crutcher chose to pursue a single-family residential development. He stated that this subdivision was undertaken with the full knowledge that the adjacent property was zoned for multi-family residential development and could be developed as such; and they took that into account when laying out this subdivision. He expressed concern that a change in zoning to R-MH could dramatically impact the east side of this subdivision. Mr. Lilly distributed to the Commission copies of a letter from Jerry J. Taylor and Dan Kamp, Taylor Architects, dated October 16, in which issues about design of Babcock Meadows . and the conflict between single-family residential development and manufactured home parks are raised. He also distributed copies of a Termination of Buy/Sell Agreement, dated October 12, under which one of the lots which had been previously sold was returned to the developer. He expressed concern that the existing building values in the area, and the potential building 10-16-95 -.----- - 19 - values within Babcock Meadows, will be adversely impacted by the proposed rezoning and its permitted uses. Mr. Lilly stated that, immediately after the City-County Planning Board voted to recommend approval of the requested rezoning, Mr. Crutcher pulled all of the lots in Babcock . Meadows from the multiple listing because of the need to provide full disclosure if the rezoning does occur. He stated that a number of building permits had also been issued for model homes; and those permits have also been pulled. He noted that over $1 million in improvements have been invested into this subdivision; and the carrying costs on those improvements are substantial. Mr. Lilly noted that Mr. Anson Crutcher, developer of Babcock Meadows, has written a lengthy letter of opposition, dated October 11, and encouraged the Commission to take those issues into consideration when making the decision on this requested rezoning. Ms. Kathryn Haas, realtor, stated she has been hired to market the lots in Babcock Meadows. She stressed the importance of location, noting it would be extremely difficult to market single-family residential lots located immediately adjacent to a mobile home park. She . noted that. while the adjacency may not be a problem immediately. in ten to fifteen years. when the mobile home development has deteriorated, the marketing of the single-family residences along the east boundary of Babcock Meadows may become difficult. She stated that if the lots are not sold immediately, it may also be necessary to lower the prices on those lots along the east edge of Babcock Meadows to move them. Mr. Connie Yerger, 2604 West Babcock Street, stated he has resided at that location for the past thirty years. He noted that there are many nice homes in that area, a substantial portion of which are occupied by retired people who would see their property values decline with the development of a mobile home park. He stated that he developed the Ponderosa Mobile Home Subdivision, in which the individual lots were sold. He noted that some of those lots have been sold over the last thirty years; but turn-over has been minimal. He also noted . that a significant landscaped buffer, over 300 feet in width, has helped to shield that development from West Babcock Street. Mr. Yerger stated that he has submitted a petition, containing 161 signatures, in opposition to the requested rezoning. He noted that this represents approximately 97.5 percent of the people who were contacted about this proposal. He characterized a high-rise apartment 10-16-95 __._._._____.n __......__ -. -.. --....-- - 20- development as being preferable to a mobile home park; however, he indicated that his preference would be for a continuation of the single-family residential development that is occurring in Babcock Meadows. Mrs. Judy Worley, 2813 West Babcock Street, noted that the Wheeler Mobile Home . Park has twelve units. most of which are occupied by retired persons; and there is a minimal amount of moving manufactured homes in and out. She noted that access to the Ponderosa Mobile Home Subdivision is from West Main Street; and that development does not impact those living on West Babcock Street. Mrs. Worley forwarded her continuing concern about development along West Babcock Street without the needed street improvements being made. She noted that if development continues to occur, it will become increasingly difficult to get onto the street from the adjacent residential properties. Mrs. Worley noted that she has consistently opposed additional development along West Babcock Street. She recognized, however, that Babcock Meadows is a very nice subdivision and is an asset to the area. She concluded by stating her opposition to the . requested rezoning and encouraging the Commission to deny it. Mr. Tom Swanson, 2407 Foxglove Court, stated he is a developer working with Mr. Crutcher. He stated his opposition to the requested zone map amendment for the reasons which have been previously stated. He then indicated that he has a financial interest in the Babcock Meadows project, and has worked with Taylor Architects over the past few months to design model homes which he plans to construct. He noted that, because of what Mr. Crutcher has deemed a potentially inappropriate zoning designation on the property under consideration, all purchases of lots and building permits have been stopped. He encouraged the Commission to not approve this requested rezoning and to require that development of the subject twenty acres be limited to single-family residences. Responding to Commissioner Stueck, Mr. Mike Lilly stated that, in the eyes of those . developing Babcock Meadows, a high-density, two-story, four-plex development would be preferable to a mobile home development. He noted that the property has been zoned R-3 and R-4; and when they began Babcock Meadows, they recognized the potential for apartments immediately adjacent to their single-family residences. 10-16-95 ....--- - 21 - Responding to questions from Commissioner Youngman, Senior Planner Skelton stated there is no vacant R-MH land within the zoning jurisdiction that is ready to be developed. He then noted that this general area of the community could appropriately include such zoning. He indicated that, at the present time, manufactured homes and modular homes on permanent . foundations are allowed in the R-3 and R-4 zones, provide a building permit has been obtained. He reminded the Commission that the minimum lot size in the R-3 and R-4 zones is 5,000 square feet, while the minimum lot size in the R-MH zone is 5,500 square feet. He then noted that the design of the subdivision, rather than the zoning, will determine the density of development. Responding to Mayor Vincent, the Senior Planner stated that the subject twenty-acre parcel is actually two 1 Q-acre parcels which are long and narrow, splitting the property from north to south. The westernmost lot is currently zoned R-4; and the easternmost lot is zoned R-3. He stated that under the current zoning, single-family residences, multi-family units and manufactured or modular homes on permanent foundations are permitted; under the proposed R-MH zoning, manufactured or modular homes, either in mobile home parks or mobile home . subdivisions, as well as stick-built single-family residences, are allowed. He cautioned that. since the application is for the entire twenty acres, it must be considered in that light rather than the potential of splitting the parcels and addressing them individually. Responding to comments from Commissioner Youngman, the Senior Planner affirmed that any impacts identified during subdivision review must be mitigated; and that could include a requirement for buffering for the adjacent properties. The Senior Planner noted that in the thirteen years he has been on City staff, there may have been one new mobile home development within the city. He then stated that staff has provided its technical review and recommendation; the Planning Board has concurred in that recommendation; and the Commission has received a substantial amount of public testimony. He noted that all of those items must be carefully weighed as the Commission . makes its decision. Responding to questions from Commissioner Stueck, Senior Planner Skelton stated that staff has carefully reviewed how the entire area, including County Zoning District No.1, has been developed and what type of infill development might be appropriate. He cautioned 10-16-95 - 22 - that, because of the high groundwater, the Health Department is limiting the amount of development that could occur without city services. Responding to Commissioner Frost, the Senior Planner stated that under the proposed R-MH zoning designation, permitted uses include single-family residences. The zoning . designation also allows a limited range of conditional uses; and under the planned unit development process, any type of residential development could be considered. Responding to Mayor Vincent, Mr. Mike Lilly stated the big difference he sees between the existing R-3 and R-4 zones and the proposed R-MH zone is that in the R-3 and R-4 zones, manufactured and modular homes must be installed on permanent foundations while in the R-MH zone, the manufactured and modular homes are not installed on permanent foundations but are skirted. He indicated that the lack of permanence is the major concern, along with the fact that skirting is not as aesthetically pleasing as a foundation. Mr. Lilly noted that, early in the process, Mr. Crutcher explored the possibility of a higher-density development on his property as well as a mixed use development. He noted that, in response to input from the City staff and the public, the single-family residential . development was pursued and approved. He then questioned why single-family residential development is being promoted on property which is zoned for higher density development, particularly in light of the concerns which have been expressed about the lack of affordable housing over the past several years. He also questioned why that same logic is not being considered when reviewing potential development of the subject twenty-acre parcel. Responding to questions from Commissioner Frost, Senior Planner Skelton stated that under subdivision review, the Commission could require screening and buffering of the subject property from the property to the west if a use incompatible with single-family residential is to be allowed. He then indicated that, under this application, no requirement can be imposed that would require the western edge of the R-MH zoned property to be developed with stick-built single-family residences. . Mr. Steve Hawkinson cautioned that modular and manufactured homes are not designed to sit on permanent foundations; rather, they are designed to be supported along the frame, which is located well under the home. He characterized a permanent foundation as an additional $4,200 expenditure that adds no stability to the home, and compromises the affordability aspect of this type of housing. 10-16-95 - - 23 - Mr. Gene Cook stated that nearly a year ago, when he broached the idea of pursuing a manufactured/modular home development on his twenty acres with Mr. Crutcher, his immediate reaction was that he probably would not oppose the idea. He then stated that if the Commission and the community are not comfortable with the idea of developing this twenty . acres with some type of development for manufactured and modular homes, then he will proceed with developing it under the current R-3 and R-4 zoning designations, probably through the construction of apartments. He then questioned where a manufactured home development would be allowed in this community if it is not allowed in this area. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Mayor Vincent stated he does not wish to waive the customary one-week waiting period for land use decisions. Following discussion, the Commissioners concurred in calling a special meeting for 3:00 p.m. next Monday for the purpose of making the decision on this application. Senior Planner Skelton stated that, prior to next week's meeting, he will provide the . Commission with a copy of the uses allowed in the R-3, R-4 and R-MH zones, as contained in the zone code, noting that this information could be beneficial in the Commissioners' deliberations. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the decision on this application be made during a special meeting to be held at 3:00 p.m. on Monday, October 23, 1995. 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. Break - 8:50 to 8:58 D.m. Mayor Vincent declared a break from 8:50 p.m. to 8:58 p.m., in accordance with . Commission policy established at their regular meeting of March 14, 1983. Commissioner Stueck asked that, due to illness, he be excused from the remainder of the Commission meeting; the Commission concurred. 10-16-95 - -.--- - 24- Public hearing - Zone MaD Amendment - R-3 to M-1 - Gaston Engineerina for PhiliD Saccoccia. Jr. - 20.0-acre Darcel known as Tracts 1A1 and 1A2. cas No. 12158 (southeast corner of intersection of Simmental Way extended and Baxter Lane) (Z-95116) This was the time and place set for the public hearing on the Zone Map Amendment as requested by Gaston Engineering for Philip Saccoccia, Jr., under Application No. Z-95116, . to change the zoning designation from R-3. Residential--Medium-density. District to M-1. Light Manufacturing, District on a 20.0-acre parcel known as Tracts 1 A 1 and 1 A2, Certificate of Survey No. 12158. The subject site is more commonly located in the southeast corner of the intersection of Simmental Way extended and Baxter Lane. Mayor Vincent opened the public hearing. Associate Planner/Urban Designer Dean Patterson presented the staff report. He stated that the subject property is located along the south side of Baxter Lane, and along the east side of the old North 19th Avenue alignment. The subject parcel is divided by an easement for realignment of Baxter Lane, with that portion of the property lying north of the realignment being designated M-1 and that portion of the property lying south of the realignment being designated R-3. Because of this configuration, a triangular-shaped parcel of . M-1 zoning has resulted; and under this application, the boundary of those zones is to be changed to create a rectangular-shaped parcel of M-1 zoned land which can be more appropriately developed. He stressed the fact that this realignment of boundaries will not change the amount of land contained in either zone. The Associate Planner noted that the realignment of Baxter Lane was proposed in conjunction with rezoning of the subject property immediately atter it was annexed. At that time, North 19th Avenue was not an immediacy; and it was the intent to direct traffic on Baxter Lane onto an alignment with North 11 th Avenue, to alleviate the problems encountered at the existing Baxter Lane/North 7th Avenue intersection. With the extension of North 19th Avenue and the new interchange, traffic patterns in the area have been dramatically changed; and it does not appear that the anticipated realignment of Baxter Lane will occur. He stated . the applicant's representative has indicated that, under a separate future action, he will ask the easement for the realignment of Baxter Lane be vacated, so that development of the parcel can more appropriately occur. Associate Planner Patterson stated that staff has reviewed this application in light of the twelve criteria set forth in State statute; and the staff findings are contained in the written 10-16-95 - 25 - staff report. He briefly summarized those findings, stating that staff feels the requested rezoning will provide for better utilization of the property. He stated that the Planning Board conducted its public hearing on this application at its meeting held on October 3. Following the pUblic hearing and review of the twelve criteria, it concurred in the staff's recommendation for . approval. Mr. Dennis Foreman, consulting engineer representing the applicant, concurred with the staff report which was presented by Associate Planner Patterson. He then forwarded his intent to seek vacation of the easement for realignment of Baxter Lane at a future meeting. No one was present to speak in opposition to the requested zone map amendment. Responding to Commissioner Stiff, Associate Planner Patterson stated that, according to the information he gathered when reviewing this application, the realignment of Baxter Lane which was proposed under this application is not desired at this time because of the other transportation system improvements which have occurred in the area. City Manager Wysocki noted that the Transportation Coordinating Committee is carefully considering the possibility of curving Baxter Lane around behind the Holiday Inn, to . connect with West Oak Street and possibly an extension of North 11th Avenue at that point. He stated that with this change in alignment, the current easement across this subject property would not be needed. 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 as ~equested by Gaston Engineering for Philip Saccoccia, Jr., under Application No. Z-95116, to change the zoning designation from R-3, Residential--Medium-density, District to M-1 , Light Manufacturing, District on a 20.0-acre . parcel known as Tracts 1 A 1 and 1 A2, Certificate of Survey No. 12156. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. 10-16-95 -.----.-- - 26 - Public hearing - COA with deviations from Section 18.65.050(C) - to allow oroDosed sign to exceed maximum heiaht and area restrictions bY aooroximatelY 20 oereent - Metric Prooerty Manaaement for University Sauare Shoooina Center. 200 South 23rd Avenue (Z-95124) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Section 18.65.050(C) of the Bozeman Municipal Code, . as requested by Johanna Mersen, Metric Property Management, for University Square Shopping Center, under Application No. Z-95124, to allow a proposed sign to exceed maximum height and area restrictions by approximately 20 percent. The subject site is located at 200 South 23rd Avenue. Mayor Vincent opened the public hearing, Assistant Planning Director Debbie Arkell presented the staff report. She stated that, since the subject property lies within the West Main Street entryway overlay corridor, a deviation in the maximum amount of 20 percent is allowed in exchange for design excellence, typically in the area of landscaping. She noted that these deviations are being sought in conjunction with relocation of the existing signage for the University Square Shopping Center, in light of the realignment of the intersection of West Main Street/West Babcock Street/South . 23rd Avenue and an attendant change in the entrance to the shopping center. The Assistant Planning Director stated that the exact location of the sign has not yet been determined; however, the freestanding sign is to be set back 85 feet from the property line. At this distance from the property line, the maximum height is 28 feet; and the applicant is requesting that a 32-foot-high sign be allowed, for a 20-percent deviation. In addition, the maximum size of the sign at this distance is 96 square feet; and the applicant is seeking a 20- percent deviation to allow a maximum size of 11 5 square feet. In exchange for these deviations, the applicant is to provide five to six square feet of landscaping per square foot of signage instead of the four square feet of landscaping per square foot of signage that is required in the code. The Assistant Planning Director stated that the Design Review Board reviewed this . application at its meeting of September 26. Following review of the application and the staff findings contained in the written staff report, the Board concurred in the staff's recommendation for approval, subject to two conditions. Ms. Johanna Mersen, applicant, encouraged Commission approval of this application. She noted that, while they have been unable to develop a final landscape plan, the monies have 10-16-95 - 27 - been set aside to provide the landscaping. She indicated that once the intersection improvements and road realignment have been completed, the landscape plan will be developed. Mr. Jim Stephens, owner of the Bobcat Lodge, stated his support for the application, . encouraging Commission approval. No one was present to speak in opposition to the requested deviations. 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 approve the Certificate of Appropriateness with deviations from Section 18.65.050(C) of the Bozeman Municipal Code, as requested by Johanna Mersen, Metric Property Management, for University Square Shopping Center, under Application No. Z-95124, to allow a proposed sign to exceed maximum height and area restrictions by approximately 20 . percent, subject to the following conditions: 1 . That the applicant shall provide a landscape plan to the Planning Office for review and approval prior to installation of the sign. Said landscape plan shall indicate the provision of landscaping at a rate of five to six square feet of landscaping per one square foot of sign area; and 2. That the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearina - CQA with sian code exemDtions from ChaDter 18.65 - to allow existina . freestanding sign to remain on DroDertv - John and Dianna Hultman. Blue Sky Motel. 1010 East Main Street (Z-95120) This was the time and place set for the public hearing on the Certificate of Appropriateness with exemption to the sign code as set forth in Chapter 18.65 of the Bozeman Municipal Code, as requested by John and Dianna Hultman, Blue Sky Motel, under Application 10-16-95 - 28 - No. Z-95120, to allow the existing freestanding sign to remain on the property. The subject site is located at 1010 East Main Street. Mayor Vincent opened the pUblic hearing. Assistant Planning Director Debbie Arkell presented the staff report. She noted that . the Commission will be receiving several applications for exemptions to the sign code over the next few months, since the date for amortization of signs has passed. She cautioned that each application must be carefully considered on its own merits, and in light of the four criteria which are set forth in the Bozeman Municipal Code. The Assistant Planning Director stated the applicant is asking that the existing 30- foot-high, 1 OO-square-foot sign for the Blue Sky Motel be allowed to remain. She reviewed the four criteria and the staff findings for each, as contained in the written staff report. She noted that the reader board, which was attached to the sign several years after it was erected, does not add to the character of the sign and should be removed. She then noted that the sign is unique because, while the "motel" portion of the sign is repeated in other locations around the community, the "Blue Sky" part is unique and, staff believes, exhibits an exemplary graphic . design. The "motel" portion reflects the popular motif of small independently-owned motels as well as the auto-oriented commercialism of the post-war era; and not many of these signs remain. The Assistant Planning Director entered into the record a letter of support from Mike and Diane May, 915 East Main Street, dated September 15. Assistant Planning Director Arkell stated that the Design Review Board reviewed this application at the September 26 meeting, taking into consideration the staff findings and recommendation. Following its review, the Board concluded in the staff's recommendation for approval, subject to two conditions. Mr. John Hultman, applicant, stated his willingness to remove the reader board from the sign, registering his dislike for that type of signage. He characterized the sign as unique, . noting that it blends with the area and the motel. He then encouraged Commission approval of this application. No one was present to speak in opposition to the requested sign exemption. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. 10-16-95 -..------- n. _ __..._...._ - 29 - 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 Frost, that the Commission approve the Certificate of Appropriateness with exemption to the sign code as set . forth in Chapter 18.65 of the Bozeman Municipal Code, as requested by John and Dianna Hultman, Blue Sky Motel, under Application No. Z-95120, to allow the existing freestanding sign to remain on the property, subject to the following conditions: 1. That the reader board shall be permanently removed from the existing sign; and 2. That the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Adjournment - 9:30 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. - ~~~ ATTEST: .~i~ Clerk of the Commission 10-16-95