Loading...
HomeMy WebLinkAbout1995-05-22 ccmWORK MINUTES OF THE WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA May 22, 1995 ***************************** . The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, May 22, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, City Manager Wysocki, City Attorney Luwe and Secretary to the Clerk of the Commission Judy Corcoran. Commissioner Frost was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Frost from meeting in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the absence of Commissioner Frost from this meeting be authorized in compliance with Section . 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Work Session - (A) Update re amortization schedule for signs (B) Meetina with Recreation and Parks Advisory Board (C) Presentation from City-County Health Board re Kountz Court (A) Update re amortization schedule for signs Zone Code Enforcement Officer Roy Beall reviewed the contents of his memo to Planning Director Andy Epple, dated May 18, which was distributed to the Commissioners prior to the meeting. He noted that his office has processed 253 sign violations since July 1991; and that figure represents 40% of the total code violations processed. He further stated that . all but 64 of these sign violations had been resolved as of the date of the memo; and additional violations have since been resolved. Removal of temporary signs is an ongoing process, particularly since those sign permits are valid for a period of thirty days. He stated that 189 freestanding and facade-mounted signs have been removed; and 26 signs which were 05-22-95 --.....--.--- ..- - 2 - previously illegal, being installed without permit, have been legitimized by issuance of a permit. The Planning Department has issued 127 sign permits under the new zone code requirements. The Zone Code Enforcement Officer stated that in February 1994, at the Commission's direction, the department initiated a mass mailing to explain amortization, along . with a sign ordinance summary. The program has been extremely successful, with many businesses vOluntarily removing illegal signs or replacing them with conforming signs. Many other businesses have indicated their intent to bring their signage into compliance by the October 1, 1995, amortization date. He stated it is staff's intent to identify legal non- conforming signs that remain after October 1, provide an additional opportunity to remove those signs, and work with businesses to develop a conforming sign plan. Following that attempt, the case will be referred to the City Attorney's office for action. In response to Commissioner Stueck, Zone Code Enforcement Officer Beall stated that staff has identified some historic non-conforming signs, like the Powder Horn; and have encouraged those businesses to apply for a special exception to allow the continuing existence of the non-conforming sign. . Planning Director Andy Epple noted that the special exception process has been used by First Security Bank, Country West, Darigold and the Bagel Works. Specific criteria are included in the code and generally relate to workmanship, uniqueness rather than standardization, and whether the sign blends rather than dominates. He noted an interest in seeing more people pursue that avenue, noting it has been positively received and allows for flexibility in retaining unique non-conforming signs that may not be allowed under the existing code. Responding to Commissioner Stueck, Zone Code Officer Beall stated that several attempts have been made to contact a number of businesses in the community to talk about the amortization schedule. . Commissioner Youngman forwarded a series of questions from someone who had shown her signs that may not be in compliance with the zone code. She noted there are several roof-mounted signs, particularly around the campus. She also asked about some of the businesses listed in the memo. Planning Director Epple and Zone Code Enforcement Officer Beall responded to those questions, noting that the signs specifically listed are either in compliance or will be brought into compliance prior to the amortization date. 05-22-95 - 3 - Further responding to Commissioner Youngman, Officer Beall stated the American flag must be flown in compliance with the guidelines established by the U.S. Congress; and no permit is required for flying of the flag. He noted that the flag may not be located within the setbacks or sight triangles; but those prohibitions are due to safety concerns. . Planning Director Epple noted that under the interim zoning ordinance, flags were limited to 25 square feet, but that provision was removed prior to adoption of the zone code. Responding to additional questions from Commissioner Youngman, Planning Director Epple stated sandwich boards are dealt with outside the sign ordinance. He noted that the City Manager permits them through an revocable permit in the downtown business district, where wider sidewalks are available. He noted that sandwich board signs are essentially on a pedestrian scale, and could serve as a distraction to fast moving traffic. Commissioner Youngman asked that the sign zoning summary which the Zone Code Enforcement Officer showed the Commission be included in a future packet as an "FYI Item" . She also noted that seeing "before and after" pictures could be beneficial in identifying how the new sign code has improved the appearance of the community. The Officer stated he will . include a copy of the letter he sent to the businesses and the summary in the information forwarded to the Commission. Responding to Commissioner Stiff, Officer Beall pointed out that a 20% sign deviation is permitted in the entryway corridors. He also noted that the special exception is also available to ensure that signs which are acceptable to the community are given an opportunity to remain. He then assured the Commission that he has done everything possible to work with businesses to ensure that they are prepared to meet the amortization date. The City Manager suggested that the Commissioners get involved in talking to businesses that are still not in compliance. He cautioned that care must be taken to ensure that the possible avenues are listed, but that no assurance is given that a request will be approved. . Responding to Commissioner Stueck, Planning Director Epple stated that the City Commission takes final action on requests for special exceptions. He then indicated that some appeals processes are available to those who do not believe calculations on sign size have been correctly made. 05-22-95 - 4 - At Mayor Vincent's request, City Attorney luwe reviewed the legal processes available to both businesses and the City for failure to bring a sign into compliance. Responding to Mayor Vincent, Officer Beall stated that he feels it is appropriate for the Commission to stand behind the code and the amortization date. He noted that a . substantial amount of the input he receives is in support of the code. The City Manager distributed copies of the Revocable Permit application which must be completed for those wanting to place obstructions on the public sidewalk in the downtown area. He reviewed the process and requirements which must be followed to obtain a permit. (B) Meeting with Recreation and Parks Advisory Board Terry Baldus, Chairman of the Recreation and Parks Advisory Board introduced the other Board members in attendance which were: David Jones, Don Weaver, Bob lee, Gene Brooks, laurita Garwood, and Anne Banks, as a member of the Trails Committee. Also in attendance was Peter Hoag from the Recreation Department. She stated that at end of the March 7 meeting with the City Commission, the Board concluded that they needed to do more research and get more information. She noted that the Board now has a lot of information and . some recommendations to share with the Commission. Mrs. Baldus forwarded the Board's goals. She noted that the Board has been broken down into committees and each of those committees has goals and tasks to accomplish. She reviewed the eight goals which the Board has set, copies of which were included in the Commissioners' packets. Those goals include: 1) stay ahead of the subdivision review and dedication process, 2) improve the swim center, 3) get involved in the budgetary process, 4) continue to foster better communication and cooperation with those who use the parklands, 5) continue to support the acquisition and improvement of trail systems, 6) improve relations with and cooperation of various agencies, 7) investigate options for building and maintaining park and recreation facilities, and 8) secure land and develop a regional oriented, multi-purpose 1 DO-acre public park. . Mr. Bob lee gave an overview of the Board's recommendation on the draft supplement to the Parks, Open Space and Trails Plan. He noted that this supplement pertains to facilities for park and recreational activities. He stated that the lack of facilities is leading to scheduling problems. He noted that, in general, a community's recreational base consists of 1) parks developed for core activities and picnic areas and 2) parkland or open space that 05-22-95 - 5 - is set aside as undeveloped areas. The results of that study, which followed the same boundaries as the transportation plan, show that the community is lacking on core park areas; and the projections get worse with time. He stated that approximately 50 percent of the facilities users are from within city limits, while the other 50 percent reside outside the city . limits, generally within the jurisdictional area. Under the study, all parks and recreational facilities were identified; and the findings are contained in the report. He noted that maps contained in the report target the areas for growth and activities. He suggested that these maps can assist the Planning staff as they review subdivision proposals or consider possible locations for open space or future parks. City Manager Wysocki reminded the Commission that the public hearings on the proposed Parks, Open Space and Trails Plan are scheduled before the City-County Planning Board on June 6 and before the City Commission on June 19, since this plan is a part of the 1990 Bozeman Area Master Plan Update. Responding to Commissioner Youngman, Mr. Lee stated he would like to talk to the County about the need for developed parkland, although that is not currently scheduled. He . then characterized this as part of the process identified in the Board's goals. Ms. Gretchen Rupp, member of the Parks, Open Space and Trails Committee, gave the presentation on the Addendum to the Bozeman Parks, Open Space, & Trails Master Plan, which includes the trail use classification. She defined the trail use classifications as: Class I) heavily used; and fully accessible and navigable, including ADA standards; Class II) moderate use; not designed for full accessibility; and mayor may not be surfaced; Class III) low use; and primarily used by hikers and mountain bicycles. She noted that the standards which follow those classifications will identify how trails are to be surfaced and maintained. Commissioner Youngman asked if GallagatorTrail would be paved under this proposal; Ms. Rupp replied that would be a separate decision. Responding to additional questions from Commissioner Youngman, Planning Director . Epple stated that if a trail is a primary means of pedestrian transportation, possibly in place of a sidewalk, it should be a Class I; however, if it is a recreational amenity, it could be a Class II. City Manager Wysocki noted that experimental surfaces have been tested along trails 05-22-95 - 6 - at Burke Park by Park Superintendent John McNeil. He stated that, because of the poor results from those tests, none of these surfaces is being pursued. Mayor Vincent stated his concern over Peets' Hill trails being destroyed because of their popularity, and asked what can be done to mitigate those negative impacts that are . occurring. Ms. Gretchen Rupp suggested that the trail could be designated as a Class II or possibly a Class I trail, with serious effort being put into developing the trails. She noted that, without surfacing, the trails are becoming mud paths that destroy the area. Ms. laurita Garwood displayed a base map showing the existing trail system and an overlay showing desired trail corridors. She pointed out the gaps in the system, which will hopefully be filled when new developments are completed. She stressed the importance of closely monitoring all development plans, to ensure that the needed trail connections are obtained. Vital areas for connectors include the area between Kirk Park and Rose Park; between Brentwood and Rose Park; and the Fowler right-of-way between Main Street and West Babcock Street. She also identified several other areas of the community where development has not yet occurred, suggesting that if trail corridors have been identified, they can be . protected. She emphasized the importance of concentrating on avenues that are currently being shut off, particularly through the planning process reviews and the conditions attached to approvals of developments. She also asked that, when dedicating parks to homeowners' associations, any needed easements for trail systems are obtained before the land is dedicated to the association. Responding to Commissioner Stiff, Ms. Garwood stated that a meeting has been scheduled in June with planners, engineers and developers to discuss the proposed trail corridors. Don Weaver stressed the importance of communication and of preserving bike paths and pedestrian trails along West Babcock Street and Durston Road. Responding to Commissioner Youngman, Ms. Garwood stated that a development is . being proposed between Main Street to Front Street; and it appears a trail corridor will be provided through that property. Also, the Gallatin Valley land Trust is trying to make headway in obtaining a trail corridor in the Milwaukee Railroad right-of-way; and Bridger Creek Subdivision is providing a trail in conjunction with its development, which could serve as a loop to the East Gallatin Recreation Area. 05-22-95 - 7 - Terry Baldus presented the Recreation and Parks Advisory Board's 6-year plan for implementation of the parks master plan to the Commission. She reviewed the plan, stating their goals include: 1995 - 1) secure additional park land for a 100-acre park, and adjacent to Rose Park, Lindley Park, Kirk Park, and additional parkland when available and the 1-90 East . Interchange lease; 2) complete Babcock Park; 3) develop Valley Unit Park; 4) level and seed Rose Park. 1996 - 1) develop and upgrade Westlake Park. 1997 - 1) improvements to Bogert Park, possible including a refrigerated ice hockey rink. 1998 - 1) improvements to Kirk Park; 2) improvements to plantings in Graf Park, Josephine Park and Langohr Park. 1999 - 1) improvements to Graf Park, Josephine Park and Langohr Park plantings; 2) improvements to Southside Park. 2000 - 1) improvements to the Sports Complex. 2001 - 1) improvements to Hyalite View Park. 2002 -1) improvements to 1-90 Park. Terry Baldus categorized the Board's goals under Bronze as: 1) allocate funds for swim center; 2) allocate funds for personnel to maintain parks and trails; 3) allocate funds for a 6-year plan; and (4) secure County funding. The next set of goals she categorized as Silver: 1) develop a 100-acre park; 2) secure land for trails system; 3) secure County Funding on an . equal basis. The last set of goals is listed under Gold and includes: 1) build a multi-use recreation center; 2) develop all City parkland per master plan; 3) develop parkland as secured; and 4) be visionary. City Manager Wysocki stated that the Board has recently addressed the issue of fundraising in the parks and asked for a brief presentation on that issue. Ms. Terry Baldus responded by stating that if one group is allowed to use a park for fundraising activities, many other groups will want to do the same thing. She forwarded the Board's position that, unless a group has a formal use agreement, then the ordinance should be followed and no selling allowed. She noted that the Board has taken that position each of the last two years. Planning Director Andy Epple stated it is the Planning Department's position that the . use of inflatable signs will not be allowed in the parks. Mayor Vincent raised the issue of allowing parking on the grass at Bogert Park for the band concerts. Ms. Baldus noted that parking on the grass does cause damage. She noted that 05-22-95 - 8 - paving of the parking lot is in the capital improvement program; and that should alleviate the problem. Responding to Commissioner Stueck, City Attorney Luwe stated he is discussing the connector trail at Highland Boulevard with the attorney for the Hospital; however, as of this . date, no determination has been made on whether an easement or a long-term special use license is needed. Mayor Vincent closed the discussion by emphasizing the importance of park development to enhance the quality of life in Bozeman and the surrounding area. Break - 4:45 c.m. to 4:48 c.m. Mayor Vincent declared a break from 4:45 p.m. to 4:48 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Work Session (continued). (A) Ucdate re amortization schedule for signs (B) Meetina with Recreation and Parks Advisorv Board (C) Presentation from City-County Health Board ra Kountz Court . (C) Presentation from City-County Health Board re Kountz Court City Manager Wysocki pointed out that this is not a new request; rather, the Commission considered a staff report on annexation of the subject property on October 4, 1993 and held a public hearing on the requested annexation on April 4, 1994. He reminded the Commission that eight conditions for annexation were approved, one of which was a condition that City water service would be required. He noted that, as a result of possible recent legislative action, the City may be prohibited from annexing the subject area right now. He indicated that he must research the issue further, to determine whether or not a public road may be used as a connector between parcels. He then reminded the Commission that, since this is a work session, the Commission may only hear comments, and may not take action. The City Manager then reviewed the contents of his memo of May 19, which had . been distributed to the Commissioners, in which he forwards proposed conditions under which connection to City sewer service would be allowed. Those conditions include: 1. Allow the Court to hook up to the sewer line located at the southwest corner of Valley Unit Subdivision; 2. M.M.E. will sign a waiver of protest for annexation prior to hooking up to the sewer; 05-22-95 ---------- .. -.-.--. ..---.-.-- . n___...._..____ - 9 - 3. Prior to connection to City sewer, M.M.E. will sign a waiver of protest the creation of an SID for City water and agree to hook up to the City water prior to or simultaneously with annexation for fire protection water needs. (It wouldn't be required to hook up to water immediately, unless the existing wells were polluted. Also, the City should insist upon fire protection water if fire service is to be offered, i.e., annexation.) . 4. In addition to the conditions for annexation approved by the City Commission on April 4, 1994, (Nos. 1-8, except No.3 requiring water service immediately), it would be desirable to get right-of- way for Ferguson Avenue south of US 191 to the southern boundary of the M.M.E. property on the east. 5. Alternatively, provide for fire protection on an interim basis as per attached from the Fire Chief. 6. To wait ten years before addressing water concerns is not acceptable, we can't depend on institutional memory for a period as long as that. 7. The monthly payment of sewer service would be calculated the same as others in this circumstance, i.e., estimate the first winter months, then average usage based on well water meter readings for a charge. Mr. Steve Shope, Environmental Health Specialist with the Gallatin County Health Department, stated the situation at Kountz Mobile Home Court came to the Department's . attention in October 1994, via complaints to the Health Department and to the State. He characterized the problem as high groundwater and surfacing effluent. Because of the high groundwater, the septic systems currently in place cannot function the way they are supposed to. He noted the health hazards that can occur with surfacing effluent, stating that the current conditions pose a real threat to the children as well as the pets that play in and around this area. Mr. Shope emphasized this as being a problem since the trailer park was originally developed, noting that the park should not have been approved with that type of septic system; rather, it should have had a lagoon or community system. He noted that, to date, some areas have been fenced off; and the tanks are being pumped on a regular basis so that effluent is not allowed into the drainfield. He characterized this as a short-term solution, noting that . connection to City sewer seems to be the best long-term solution available. He noted that if an on-site system were to be installed, it would need to be a mound-type system; and he does not believe there is adequate space in the mobile home park to accommodate it. He cautioned that shutting down the mobile home park is not a viable alternative, particularly since over 200 people live there at the present time. 05-22-95 .-....-..-, - -- ..---- ...---- - - 10 - Responding to Commissioner Stueck, Mr. Shope stated there are currently 19 septic systems with 5 to 6 trailers being serviced by each system. Responding to Mayor Vincent, Mr. Gerry Higgins, Deputy County Attorney, asked that the City put this issue "on the fast track" of review because of the health hazards. He noted . that, while the Board of Health does have the authority to close down the mobile home court, they don't want to do that a displace the residents. Mr. Warren Jones, Chair of the City-County Health Board, noted that the Board has discussed this issue at length. He noted that the daily pumping of the septic systems at Kountz Trailer Court seems to be a viable short-term solution; however, a long-term solution is needed. He emphasized the necessity of expediting the process of implementing that long-term solution, the best of which is connecting to City sewer service. City Engineer Craig Brawner identified the obtaining of easements from the State to run a sewer main under the highway as the only problem he can foresee with providing sewer connection in a relatively short time. Responding to Commissioner Youngman, the City Manager noted that Mr. Alderson, . owner of the mobile home park, has not proceeded with annexation because he does not want to meet one of the conditions at this time. He noted that the consulting engineering firm has indicated that in ten years he might be willing to connect to water. Ms. Holly Brown, attorney representing Don Alderson, owner of the mobile home park, stated a willingness to work with staff to develop a proposal for Commission consideration at its June 5 meeting. Responding to Commissioner Stiff, City Engineer Brawner indicated that, while a separate trunk line has been identified to serve the area in which Kountz Mobile Home Park is located, the existing sewer main in Ferguson Avenue could be extended across the highway to provide service at this time. He cautioned that the manner in which the applicant proposes to connect to the sewer main could potentially cause bottlenecks. . Ms. Jackie Stonnell, Gallatin City-County Health Officer, noted that the report submitted to the Health Board last week reflected a substantial amount of contamination. She then stated that a meeting with the tenants has been scheduled for 7:00 p.m. today; and at that time, she hopes to make them aware of the problems and possibly provide some answers. 05-22-95 - 11 - Ms. Luella B. Schultz, Environmental Specialist, State Water Quality Bureau, reported that she took samples of the effluent from behind one of the mobile homes which, when tested, revealed that it was actually undiluted raw sewage effluent. She then stated that she has a video of the inspection, noting a willingness to leave it for Commissioner viewing. . Mr. Keith Bell, Water Quality Division, indicated he is in charge of licensing mobile home courts. He emphasized the health hazard which currently exists because of the surfacing sewage, noting he has asked for a plan of correction from Mr. Alderson. He noted that Mr. Alderson has indicated he will attempt to connect to City sewer; and if he is unsuccessful in that attempt, the State has the option of revoking his license and probably closing the court. He then encouraged the Commission to allow the sewer connection, noting that Mr. Alderson has no other alternative immediately available. Responding to Commissioner Stiff, Mr. Bell stated that he has given Mr. Alderson until this fall to have the correction made and, if that is not done, he would probably proceed with closure this fall. Responding to comments from Ms. Schultz, City Manager Wysocki stated that the . City is more than willing to work with Mr. Alderson and his attorney in an effort to forward a proposal for Commission consideration at the June 5 meeting. Mayor Vincent thanked the representatives from the County and the State who have provided the background information on this item. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Jackie Stonnell, Gallatin City-County Health Officer, to residents of Kountz Trailer Court (Mountain Mobile Estates), dated May 18, 1995, announcing a public information meeting on the septic treatment problem at Kountz Trailer . Court will be held tonight. (2) Memo to City Manger Wysocki from City Engineer Brawner, dated May 16, 1995, listing estimated costs for various options for installation of sidewalks along Spring Creek, Morrow and Cutting Streets. 05-22-95 - . ". - 12 - (3) Notice of Special City Commission meeting to be held on Tuesday, May 30, 1995, at 5:30 p.m. (4) Invitation from American land and Title Company to attend their 25th anniversary celebration to be held at 2:00 p.m. on Thursday, June 1, 1995. . (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 23, at the Courthouse. (6) Agenda for the Bozeman Area Chamber of Commerce Government Affairs Committee meeting to be held on May 23, 1995 from 3:00 p.m. to 4:30 p.m at the Holiday Inn. (7) Agenda for the Development Review Committee meeting to be held on Tuesday, May 23, 1995 at 10:00 a.m. in the City Commission Room at City Hall. (8) Agenda for the Design Review Board to be held at 3:30 p.m. on Tuesday, May 23, 1995, in the City Commission Room at City Hall. (9) The City Manager submitted his weekly report as follows. (1) Crosswalk striping is being done by the City Street Department. (2) Street patching and alley cleanup are . in process. (3) Asked the Commission to look at the water in Bozeman Creek, then turn on the tap water at home and think about the difference due to the new filtering system at the Water Treatment Plant. (4) Sludge from the Wastewater Treatment Plant is being spread on fields. (5) Engineering staff met with representatives of the Farmers' Canal Company and an attorney regarding change in direction of one of the ditches at West Babcock Street and Meagher Avenue. (10) City Attorney luwe stated he attended a status conference in front of Judge Holter in Helena concerning the Bozeman Solvent Site. (11 ) Mayor Vincent informed the Commission that his wife drove around the parking lot by Hastings looking for an ADA parking space and was upset because the space was being used by others. He read from a letter he received from Myles Eaton concerning . signage for disabled parking. The City Manager pointed out that signs in private parking lots differ from those in public lots and on City streets. City Attorney luwe stated he is researching the issue. He then noted that a complaint can be filed with the Police Department. 05-22-95 _._~.- - ----- "_~i',,~:,-:;::;....._,c,-,_.- ---- - 13 - Adjournment - 5:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. -~~~ - '----------'-~ VINCENT, Mayor .. ATTEST: ~~ JUD CO CORAN Secretary to Clerk of the Commission . . 05-22-95