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HomeMy WebLinkAbout1994-12-05 ccm ....... ~_. ----...-. -- ,,-- -- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 5, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 5, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - November 21 and November 28, 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meetings of November 21 and November 28, 1994, 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. Mayor Vincent deferred action on the minutes of the regular meetings of September 6, September 12, October 3, and October 17, 1994 to a later date. Presentation of AAA Pedestrian Safety Award - Shannon Wardinskv, AAA Ms. Shannon Wardinsky, AAA, presented the award for outstanding achievement for pedestrian activities in Bozeman for 1993. She noted that in the 55 years of AAA awards, this is the 15th time Bozeman has received the award. She stated that the award is based on, among other things, the merit of pedestrian safety activities, enforcement, traffic engineering, '. traffic safety programs, public information and education. She noted that Bozeman is one of 12 Montana cities to receive the award for 1993. Chief of Police Larry Conner accepted the award. noting it is a pleasure to be recognized for this type of activity. He noted that, despite enforcement efforts, he is aware that vehicles fail to appropriately yield to pedestrians. 12~05-94 - 2 - Mayor Vincent confirmed that public safety is one of the Commission's top priority goals for this fiscal year. He stated that the Commission has pursued this goal in various ways; and he foresees pursuing it in other ways before the end of the fiscal year. . Reauest for oermission to address Commission on behalf of Downtown Bozeman Association and Downtown ImDrovement Steerina Committee - Chris PODe Mr. Chris Pope, representing the Downtown Bozeman Association and the Downtown Improvement Steering Committee, thanked the Commission for adopting its resolution of support for the application to the National Main Street Center for the Great American Main Street Award. He stated that the award is designed to recognize exceptional achievements in revitalizing historic downtown areas. The Downtown Bozeman Association, in conjunction with the Historic Preservation Advisory Commission, have prepared the application for this award. He noted that this application is accompanied by several letters of support, including one from Marcella Sherfy, Montana State Historic Preservation Officer, and one from Jim Lindberg, Program Associate for the Mountains/Plains Regional Office of the National Trust for Historic Preservation. He quoted brief excerpts from these letters, which recognize the vitality of . Bozeman's historic downtown area. Mr. Pope presented a copy of the application to the Commission. He noted that the awards will be made around May 15. At that time, five communities around the United States will be recognized for their efforts to maintain and upgrade their downtown areas; and those communities will receive $5,000 each. He noted that a substantial amount of work has gone into the preparation of this application; and he feels it is a very good one, with a significant amount of support reflected in the letters which have been incorporated into the application. Mr. Pope stated that a substantial amount of effort has been undertaken by the private business owners to upgrade their buildings and maintain the vitality of the downtown area. He noted that the City has just recently indicated its support for the creation of a tax . increment financing district, which could provide assistance in upgrading the infrastructure in the downtown area as well. Mr. Pope, on behalf of the DBA and DISC, thanked the Commission for its support for this application and for helping to maintain a viable downtown area. 12-05-94 - 3 - Presentation re Dreliminary air auality ordinance - Gallatin County Included in the Commissioners' packets was a memo from Jacquelyn F. Stonnell, Gallatin City-County Health Officer, dated November 29, 1994, forwarding a copy of the proposed air Quality ordinance for Gallatin County. . Ms. Jackie Stonnell stated that a considerable amount of citizen concern has been expressed about the air Quality in the Gallatin Valley and the impacts that the amount of building occurring in the valley will have on it. She stated that, in response to that concern, the Board of Health asked the County Commission to appoint a task force to review the air Quality issues. A twelve-member task force, representing a cross-section of the area, was appointed; and they have worked for approximately one and one-half years to develop a proposed ordinance and air quality program. Ms. Stonnell stated that this draft ordinance will be presented to the County Commission for first reading at tomorrow's meeting. She asked that the City Commission adopt a similar ordinance within its jurisdictional area. She then noted that, with a comprehensive program in place, the City and the County should be eligible for State funding . to assist in establishment and enforcement of the air quality program. Mr. Tim Roark, Environmental Health Specialist with the Health Department, stated the proposed ordinance does not contain much new information. He noted, instead, it is modeled after the State's Clean Air Act and the air Quality permit system which Gallatin County has had in place. The main emphasis of the program is on education, with provisions for enforcement of the program included. He noted that the air quality in the valley has slowly deteriorated, as reflected by the air monitors which are operated in Bozeman and Belgrade. He indicated that road dust and wood smoke seem to be the main sources of pollutants in the valley. He stated the ordinance is designed to provide a voluntary program and education aimed at maintaining the good air quality which the valley typically enjoys. He noted that minor open burning is also an important element in the proposed ordinance; and those provisions are . taken directly from the State regulations. Mr. Roark stated that adoption of this ordinance will allow for local enforcement of air Quality issues. He noted that, with additional tracking of the weather, it should be possible to forecast bad weather days and advise people against burning on those days. 1 2~O5-94 - --..-.. - 4 - Mr. Gerry Higgins, Deputy County Attorney, stated he has been involved in preparation of this proposed ordinance since September; and most of the task force work had been completed by that time. He stated that, in response to a question raised by Commissioner Stiff, he discussed the issue of adoption of the program with City Attorney Luwe. He noted . that, even though the program is to be administered by the City-County Health Board, those discussions revealed that the City Commission and the County Commission must both adopt ordinances which establish air quality programs. Mr. Higgins stated that, as already noted by Mr. Roark, most of the program is educational or pertains to the open burning permit process already in place. He noted that one significant difference is in the emergency pollution provisions, which give the City-County Health Officer the power to shut down the activities which are causing pollution. He noted that at the present time, the State has that authority; however, this ordinance would extend that control to the City-County Health Officer at the loca/level. Mayor Vincent asked if wood burning stoves would be subject to the emergency pollution provisions, even though they have been characterized as being subject to voluntary . compliance. Mr. Higgins stated that, as written, it is possible that wood stoves would be subject to the provisions of the emergency pollution section. Mayor Vincent noted that provisions pertaining to wood stoves in Helena and Missoula are probably much more detailed than in this ordinance. He stated that some of the most heated debates in those communities have revolved around the provisions contained in those ordinances. Commissioner Stueck expressed concern that under the provisions of the emergency pollution section of the ordinance, only the City-County Health Officer can shut down a polluting activity. Deputy County Attorney Higgins responded that the language should include "or . designee". He stated that, since this is a significant power, it is power intended for few in the higher levels of the governmental structure. He then stated that if such an order is issued, a mandatory hearing must be held before the City-County Planning Board within 24 hours. He recognized that, until the process is tried, the pitfalls will not be known. 12~O5-94 - 5 - Responding to City Manager Wysocki, Mr. Roark stated the main sources of pollution include wood smoke, road dust and agricultural burning. Responding to additional questions from the City Manager, Ms. Stonnell stated that if an extended inversion were encountered, she would seek the input of several individuals . before issuing an emergency pollution order. Deputy County Attorney Higgins suggested that, in light of the concerns expressed, it may be beneficial to add criteria for the Health Officer to consider before issuing a shut down order. Mr. Tim Roark stated the Task Force was very adamant about the voluntary aspect of the program. He noted that the County will be monitoring the air quality and getting specialized daily weather reports in an effort to determine when inversions may occur. The Health Department will notify the public, via the media, when those days are expected to occur, in an effort to minimize smoke pollution on the "bad burn" days. He then indicated that, without expensive, highly sophisticated equipment, it is not possible to identify what may be causing poor air quality on a given day. . City-County Health Officer Jackie Stonnell noted that the County Commissioners have invoked no burning on two separate occasions this past year, which demonstrates that the power already exists at the local level. Commissioner Frost asked whether auto emissions are one of the bigger contributors to air pollution. He noted that when looking toward Bozeman from west of town, a blanket of brown haze can be seen over the city. Mr. Roark responded that, while the Health Department receives complaints about idling buses and trucks, auto emissions have not been identified as a major concern, even at the State level. Responding to questions from the City Manager, Mr. Roark stated that one of the air monitors is located on the Fire Station, across the alley; and the other is in Belgrade. He noted . that they are operated under a State contract; and he receives information from those monitors. He stated that at the present time, the monitoring equipment in Belgrade shows that the air quality there is poorer than the air quality in Bozeman. He noted that the air quality is still relatively good most of the time; with levels of particulate reaching a violation level probably two days a year, but never the maximum level. 12-05-94 - 6 - Further responding to the City Manager, Mr. Roark stated that the levels of particulate in Bozeman have been steadily climbing for the past few years. It appears that some of that climb is the result of recent changes in sanding and sweeping techniques in the urban area. Responding to questions from City Attorney Luwe, Mr. Roark stated that the increase . in housing may contribute some to the air pollution in the valley; however. that is only one conjecture. He then noted that in many homes, older, less efficient woodburning stoves are being removed and more efficient stoves installed; however, those less efficient stoves are often sold and installed in other homes in the area. Health Officer Stonnell stated that Mr. Joe Caprio, who recently retired from MSU, has been maintaining records on weather and air pollution for many years. She noted that he served on the task force and would be willing to provide historic data that may be requested. Responding to questions from Commissioner Youngman, Mr. Roark stated that citizens have been very adamant about the provisions of the air quality ordinance being voluntary and uniform. Mayor Vincent stated he hopes that the provisions of this proposed ordinance work, . particularly as they relate to woodburning stoves. Responding to Commissioner Frost, Mr. Roark stated that it will be the responsibility of the local government to purchase monitoring equipment; however, the State may assist in that purchase, either through contribution or through its purchasing capabilities. He cautioned that equipment which detects the type of pollution is extremely sensitive and very expensive. Health Officer Jackie Stonnell caution that the State will not fund a piecemeal air quality program. She stated that the County's ordinance is designed to encompass the entire county, except for incorporated communities. She noted that the Town of West Yellowstone does not appear to be ready to buy into the program, even though emissions from snowmobiles seem to be an issue. Responding to the City Manager, Mr. Roark stated that heavy magnesium chloride . compounds and even water could be used for dust suppression on unpaved roads. Responding to questions from the City Manager, Health Officer Stonnell stated that the County Commission is committed to this program. She then indicated that a combination of monies available at the County level as well as monies from the State should be sufficient to fund the program. 12-05-94 --.- ~ 7 - Deputy County Attorney Higgins stated that after the County Commission adopts this ordinance, it must be approved by the State Board of Health before it can become effective. He once again noted that he did not become involve-d in this process until just recently, because the State would not accept the draft ordinance which had been prepared by the task force. . Commissioner Frost stated his support for adopting a county-wide air quality ordinance. Commissioner Youngman stated her concurrence. Mayor Vincent noted that in Montana, over the past twenty years, nothing has consistently ranked high in priorities as maintaining air quality and water quality. He then stated his support for this proposed ordinance, noting it is a positive start toward ensuring that the air quality is maintained. City Attorney Luwe stated that, after conversations with Deputy County Attorney Higgins, he has determined the City must adopt a separate air quality ordinance which pertains to its jurisdiction, after a public hearing has been held. He then noted there are some elements of the County's program that don't need to be included in the City's program and some elements that need to be expanded. He indicated there is a 30-percent funding match available . from the State; and he is not yet sure whether the County's and the City's programs would be considered as one program or two programs for that funding match. At the City Manager's request, the Commissioners indicated support for the County's adoption of an air quality ordinance and noted a willingness to consider a City ordinance as well. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 6, in the Commission Room. . (2) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 6, at the Courthouse. (3) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, December 6, in the Commission Room. 12-05-94 ~ 8 - (4) Memo from the Montana League of Cities and Towns, dated December 1, soliciting input regarding costly mandates which have impacted local governments. Commissioner Youngman suggested that timely pass-through of monies for programs such as ISTEA and safety projects, could benefit local governments. . (5) Copy of a letter from City-County Health Officer Jackie Stonnell to Don Noyes, Waste Water Treatment Plant Superintendent, regarding the disposal of wastes pumped from septic systems. The City Manager cautioned that this issue is not as simply to address as it may appear, but requires some in~depth consideration. Commissioner Youngman stated that she feels all of the real costs should be determined, including the use of plant capacity, in establishing a fee. She expressed concern that setting the fee too low will not result in recouping actual costs and will actually encourage growth in the County. (6) The City Manager submitted his weekly report, as follows. (11 Announced that an Audit Committee meeting has been scheduled for 11 :45 a.m. on Monday, December . 19. (2) Stated that engineering for safety projects is being undertaken during the winter months, in preparation for construction next spring. The State has agreed to pick up those costs as a part of its agreement with the City. (31 Stated he is seeking sponsors for the bills which the City will be submitting to the Legislature. (4) Stated that white goods at the landfill are being baled for recycling. He noted that, while the City receives little revenue from this source, it does save on space at the landfill. (51 Announced that two new people have been hired in the Engineering Department. One of those individuals started today, and the other is scheduled to start after the first of the year. (61 Stated that Director of Public Service Forbes attended the Bozeman Creek Water Users' Association meeting last week. (7) The City Manager suggested the possibility of a "courtesy and common sense tips" column in the newspaper, on a weekly basis. He noted that this might result in the . need to purchase a display ad; however, he suggested that the results of the tips included in that column could be well worth the cost. He characterized this as an extension of the "We Share the Road" campaign, stating that it could be utilized to forward tips on a variety of issues, not just rules of the road. 12-05-94 - 9 - Commissioner Youngman suggested this concept could be expanded to include other forms of media, such as the radio. She noted that if these were aired as public service announcements, they would be at no cost to the City. Mayor Vincent cautioned that this effort should be used to supplement a strong . enforcement effort, noting that enforcement is often the part of the process which gets people's attention. (8) Commissioner Frost submitted the following. (1) Noted the Christmas Stroll was truly a kids' event this year; and he thought it was great. (2) Stated that a substantial portion of this past week has been spent looking at and considering the issues of pollution, in several different ways. (3) Provided statistics on the Section 8 housing program in Great Falls. He noted that their waiting list is four years long, as compared to Bozeman's one and one-half years; and there are 1500 on that list. He stated that some people are living in motel rooms at a cost of $500 per month while waiting for a home. (9) Commissioner Frost distributed a list of reasons for current urban rail revival. He noted the statistics were taken from a transportation magazine. He stated that he was in . San Francisco for a workshop on transportation and growth during his first year as a Commissioner, at which several horror stories about travel in California were told. He noted that a recent article about reconstruction of the freeway system after the earthquake suggested that smaller freeways should have been constructed, encouraging people to continue using the rail system and other public transportation. He stated that article reflects the fact that while the freeway system was being repaired, air pollution declined; and has once again risen with opening of the freeways. Commissioner Frost noted an article in the latest edition of the Historic Preservation News indicates that there was a rail system in Bozeman in 1892; and that system was supported by the Bozeman Weekly Chronicle. He then suggested that now is the time to consider the implementation of a new rail system in Bozeman, while it is growing, noting that . this type of transportation could easily accommodate the young, the elderly and the handicapped. (10) Commissioner Stiff submitted the following. (1) Noted that, as a result of the last meeting on affordable housing, he was under the impression that Interfaith Housing had raised $80,000 at the local level. Research on the issue revealed that a duplication in the 12-05-94 - 10- counting of revenues had occurred, and that the amount raised was substantially lower. (2) Stated that some of the local developers who have been involved recently in some of the larger commercial projects are looking at ways to address the Montana Law Enforcement Academy situation. Those efforts are being favorably reviewed by local legislators. (3) Attended the . Senior Center Advisory Board meeting last week. (4) Reviewed the legal documents in City Attorney Luwe's office last week regarding the civil case City versus Boz, Inc. He stated that he is impressed with the quality of the legal documents prepared, but is concerned about the fact that the Southwest Montana Building Industry Association has filed a request for, and been granted, the opportunity to file an amicus brief. He feels that the monies spent on the amicus brief would have been better spent on affordable housing. (5) Noted the Commissioners have received a letter from Daniel McCloy. (6) Asked if anyone plans to attend the meeting on affordable housing being sponsored by the Greater Yellowstone Coalition; Commissioner Frost stated his intent to attend. (11 ) Commissioner Youngman submitted the following. (1) Suggested that the Commissioners forward any proposed revisions to the housing policy in writing, for inclusion . in the packets so that other Commissioners have an opportunity to think about them prior to the meeting. (2) Stated she will be unable to attend tomorrow night's meeting on affordable housing because she has two other meetings to attend. ( 12) Commissioner Youngman gave a brief report on her attendance at the NLC Congress of Cities last week, characterizing it as a very valuable experience. She stated that she has come back from the meetings with a lot of new ideas about several different issues, which she will summarize and present to the Commissioners in writing as soon as possible. She noted that the trade show provided a good opportunity to gather information as well on a number of issues, including photo radar and computerized communications. She stated that the information garnered from personal contacts was also beneficial, and she looks forward to receiving more information in the near future. . ( 13) City Attorney Luwe submitted the following. (1) Noted he has prepared a memo containing a proposed motion for two of tonight's public hearings. He asked the Commissioners for a response on whether they prefer this format or his dictating a motion at the appropriate time. (2) Reminded the Commissioners that if they are served with papers for a lawsuit, they are to notify him immediately or at least by the next business day. (3) Stated 12-05-94 __no -- - - 11 - he will be attending a meeting later this week to discuss possible legislative changes to Title 7. (14) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, which does not include an evening session. (15) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of . Commerce, noted that in a neighboring state, the Commission in a community made the conscious decision to approve every subdivision forwarded by a specific date. She noted that at their meeting, the Commissioners approved three subdivisions, containing a total of 150 to 200 lots; and the prices of other lots which were on the market immediately dropped. She characterized this as an interesting market-driven response. ( 16) Mayor Vincent submitted the following. (1) Noted that the price on one home in his neighborhood has dropped several thousand dollars since being placed on the market; and there are still no signs of its being sold. (2) Suggested that the Commission consider an ordinance which requires dog owners to clean up after their dogs when they walk them anywhere in the community, not just the downtown area. (3) Stated that, after last . Monday's meeting, he asked Clerk of the Commission Sullivan to gather information from Great Falls and Billings regarding their alternative meeting schedules and the impact that has had on staff. He noted that initial review suggests that a change in the meeting schedule could provide improved staff efficiency. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3034 - authorizina issuance of $5 million general obligation bond issue for transoortation oroiects contained in the Bozeman Urban Transoortation Plan 1993 Uodate COMMISSION RESOLUTION NO. 3034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, RELATING TO THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BONDS IN THE AMOUNT OF $5.000,000 FOR TRANSPORTATION PROJECTS CONTAINED IN THE BOZEMAN URBAN TRANSPORTATION PLAN 1993 UPDATE. Acknowledae receiot of oetition for vacation of West Harrison Street and West Cleveland Street between South 8th Avenue and South 10th Avenue - Montana State University: refer to staff Claims 12-05-94 - 12 - It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, . Commissioner Youngman and Mayor Vincent; those voting No, none. Recess - 4:35 D.m. Mayor Vincent declared a recess at 4:35 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the schedule public hearings. 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 hearina - Ordinance No. 1395 - requested annexation of the 800 block of South Third Avenue and the 200 block of West Harrison Street into the MSU Neighborhood Parking District . This was the time and place set for the public hearing on Ordinance No. 1395, as approved the City Attorney, entitled: ORDINANCE NO. 1395 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.395.A., PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M. OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON- STREET PARKING PERMIT REGULATION PROGRAM. Mayor Vincent opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He stated that under this proposed ordinance, South Third Avenue between West College Street and West Harrison . Street and West Harrison Street between South Third Avenue and South Grand Avenue will be annexed into the MSU Residential Parking District. He noted that these streets are located at the northeastern corner of the existing parking district. The Assistant City Manager stated the proposed ordinance and staff report have been prepared in response to a petition which has been submitted to his office. In that petition, nine 12-05-94 -----...-- - 13 - of the estimated thirteen residential addresses on South Third Avenue and all four of the residential addresses adjacent to West Harrison Avenue are represented. He stated that he has received a telephone call of opposition from a resident in the 800 block of South Third Avenue; and a letter of opposition from Ms. Elinor Bowles, 809 South Third Avenue, was included in the packets. . The Assistant City Manager stated that the second page of the staff report contains vehicle counts which were taken by City staff at various times of the day on five different days. He noted that the concentration of parked vehicles appears to be at the intersection of West Harrison Street and South Third Avenue, particularly on West Harrison Street. The Assistant City Manager cautioned the Commissioners that they must consider the requested annexation of these two blocks into the MSU Residential Parking District under the criteria used when creating the district initially. Those include the fact that the area is predominantly residential; that the area is regularly congested from vehicles parked by those not residing in the area; and that it would provide a better opportunity for residents of the area to park on the street. He also noted that it must be found that inclusion in the district would . promote tranquility, or reduce noise, traffic hazards or litter. Mr. Doug Aita, 817 South Third Avenue, stated he is opposed to this ordinance for three reasons: (1) there really is no parking problem on South Third Avenue, particularly since the street is at least half open at any time of any day; (2) all of the residents along South Third Avenue have off-street parking available, either in garages or driveways; and (3) obtaining permits for on~street parking, for themselves as well as for guests, would be an inconvenience. He noted that the parking district is in place year round; and he is concerned that their friends may receive tickets when they come to his home for a barbecue or some other summer activity . Mrs. Diane Aita, 817 South Third Avenue, stated her opposition to the proposed expansion of the district as well. She noted concern about ensuring that her friends do not . receive tickets when they come to visit, and the inconvenience of making sure a guest permit is displayed. She then stated that during the daytime, there is no problem in parking along South Third Avenue, within close range of one's home if not directly in front of it. She noted that, while they use the garage, their neighbors on either side park one or two cars on the street on a regular basis. 12-05-94 --..------ ----- - 14 - Mrs. Aita stated that she does not feel the inconvenience of not being able to park directly in front of one's home is a basis upon which to request inclusion in a parking district. She then forwarded her philosophy that people should be entitled to park on the street if they so choose. . Responding to Commissioner Stueck, Assistant City Manager Brey stated that the parking district is in place during the summer months. He noted that uniform enforcement is necessary while signs are posted. He stated that, while signs around schools are removed during the summer vacation, there are too many neighborhood parking district signs to allow City staff to treat them in the same manner. Responding to Commissioner Frost, the Assistant City Manager indicated that there is a limit of three guest permits per dwelling unit. In response to Commissioner Youngman, the Assistant City Manager stated he did not do a specific count of available parking spaces per block face on the two subject streets; however, the average is ten to twelve vehicles on each frontage. No one was present to speak in support of the proposed ordinance. . hearing. Since there was no Commissioner objections, Mayor Vincent closed the public It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1395 on first reading, to annex the 800 block of South Third and the 200 block of West Harrison Street into the MSU Neighborhood Parking District. Commissioner Stiff expressed his concerns about this request, stating the figures don't seem to reflect a problem. He then noted the importance of remembering that just because one obtains a parking permit, that does not necessarily entitle the individual to a parking space in front of his or her house. Commissioner Youngman stated that, when the figures reflect that the number of . available parking spaces are only half full, she is uncomfortable with proceeding with the requested annexation. Assistant City Manager Brey stated that the principal sponsor of the petition has just arrived. Following a brief discussion, Commissioner Stueck withdrew his motion and Commissioner Frost withdrew his second. 12-05-94 n.._ - 15 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission reopen the public hearing. 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. . Mayor Vincent reopened the public hearing. Assistant City Manager Brey noted that when he drove by the subject site at approximately 1 :30 p.m. today, there were four vehicles parked on the north side of West Harrison Street, with at least three of them being concentrated in the western half of the block, and two vehicles parked on the south side of the street; and there were four vehicles parked on the west side of South Third Avenue and three vehicles parked on the east side of the street, basically evenly dispersed. Ms. Nancy Otto, 826 South Third Avenue, stated her home is on the corner of West Harrison Street and South Third Avenue. She stated that this summer, when the parking district was initially created, one of her neighbors approached her about being unable to park in front of her home. She noted that, after talking to Assistant City Manager Brey and . obtaining the necessary information, she proceeded to circulate a petition for inclusion in the parking district. She stated that, based on her interpretation of the information received, she prepared the petition for inclusion of the 200 block of West Harrison Street and the 800 block of South Third Avenue, even though she recognized that West Harrison Street was the only one which seemed to be impacted by the district. Ms. Otto expressed concern about how the problem has mushroomed. She noted that, while those blocks closest to the University campus had 100 percent support for the district, as the district has expanded, the percentage of support has decreased. She further noted that in this instance, it seems that neighbors are being pitted against neighbors over this issue; and she feels that is unfortunate. She characterized this as a University problem and expressed her frustration at how it is spreading further and further into the community. . Mr. Doug Aita, 817 South Third Avenue, spoke in opposition to the proposed ordinance once again. He stated that most of the vehicles parked on the street are for the residences in that block; however, he recognized there may be more congestion at the corner. He then suggested that West Harrison Street be included in the district but that South Third Avenue not be included. 12~05-94 .-----.- - 16 - Responding to Commissioner Youngman, Ms. Otto stated she feels that Mr. Aita's proposal would be a viable alternative. Responding to Commissioner comments, the Assistant City Manager stated that there is approximately the same parking capacity on each block face within the district, except where anomalies arise. . Since there was no Commissioner objections, Mayor Vincent closed the public hearing again. Commissioner Stueck stated his concurrence with Ms. Otto's assessment that this is a University problem. He noted that a portion of the subject block of South Third Avenue is located on a steep hill, which is not attractive for winter parking. He then forwarded his preference for MSU addressing the parking problems on campus rather than creating conflict among neighbors. Commissioner Frost noted the importance of remembering that the neighborhood around the campus initiated the request for creation of a parking district, not the City. He noted that, while he did not particularly want to be included in the parking district, his . neighbors did; and he is now a part of the district. He then indicated he could support the inclusion of West Harrison Street in the district. Commissioner Youngman stated she could support the inclusion of the 200 block of West Harrison Street at this time. She recognized the inefficiencies of adding only a block at a time; however, she also recognizes the importance of logical boundary extensions that address a real problem. Mayor Vincent stated concern that the inclusion of only the 200 block of West Harrison Street will result in added impacts to the 800 block of South Third Avenue that could be avoided by annexing both blocks at the same time. The Mayor then stated concurrence with Commissioner Stueck's comment that the University should be addressing the parking problem. He suggested, however, that rather than . developing new parking lots, the University should be discouraging students from bringing cars to campus. He stated that two or three new parking lots are being planned or are under construction at the current time, including one that will take away the green space which has existed between West Harrison Street and West Cleveland Street for many years. 12-05-94 - 17 - Mayor Vincent expressed concern about the increase in traffic on South Third Avenue which he has witnessed over the years. He stated that six years ago, the count was 550 trips per day; and today the estimate is 2,000 trips per day. Commissioner Stueck stated that conversations with MSU President Mike Malone and . Facilities Services Director Bob Lashaway revealed that there is adequate parking on campus at the present time, when the parking lots south of the Fieldhouse and at the football stadium are included. He then characterized it as a matter of economics, particularly since the cost of permits has increased from an estimated $15 to $20 to a current rate of $50 to $60 per parking sticker. He suggested that the City pursue a legislative change, in conjunction with MSU, which allows the University to set the charge for parking permits at a level which will cover the costs of maintenance only rather than the costs of maintenance and improvements, which is currently the standard which must be followed. Mayor Vincent questioned why more parking lots are being constructed on campus if there are adequate parking spaces at the present time. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . Commission provisionally adopt Ordinance No. 1395 on first reading, as revised to annex only the 200 block of West Harrison Street into the MSU Neighborhood Parking District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Commissioner Frost; those voting No being Mayor Vincent. Public hearina - Commission Resolution No. 3022 - intent to annex 19.182 acres located along the south side of Durston Road between North 23rd Avenue and North 25th Avenue This was the time and place set for the public hearing on Commission Resolution No. 3022, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3022 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF Mayor Vincent opened the public hearing. 12-05-94 - - 18 - Assistant Planning Director Debbie Arkell presented the staff report. She stated that the subject 19.182-acre parcel is located along the south side of the 2300 block of Durston Road. The parcel is contiguous to the City on three sides, with the west edge of the property abutting County Zoning District NO.1. She noted that annexation is being sought to allow the . parcel to connect to City water and sewer services, particularly since high groundwater exists in this immediate area. She reminded the Commission that a major site plan, a master plan amendment and a zone map amendment have already been considered by the Commission; and approvals of all three issues are dependent upon annexation of the parcel. The Assistant Planning Director stated that staff has reviewed this application in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716; and a detail of those findings are contained in the written staff report which was previously forwarded to the Commission. She summarized those findings, noting that the application complies with six of the eight goals and does not substantially conflict with the two remaining goals; and it complies with the twelve policies. She noted that some impacts to the schools have been identified under Policy No.8; and those have been included in the staff report. . The Assistant Planning Director then forwarded five conditions which staff recommends be incorporated into approval of proceeding with the annexation of the subject property: 1. The property owners shall provide usable water rights or cash-in- lieu thereof in an amount determined by the Director of Public Service at the time the Annexation Agreement is signed. 2. That the property owners provide an executed waiver of right to protest the creation of SID's, which shall specify that in the event SID's are not utilized for the completion of these projects, the property owners shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. The waiver shall include the following: a. Street improvements to Durston Road, including paving, . curb/gutter, sidewalk, and storm drainage. b. Street improvements to West Beall Street, including paving, curb/gutter, sidewalk, and storm drainage. c. Signalization at the intersection of Durston Road and North 19th Avenue. 12-05-94 ~ --- -- .-- - 19 - 3. That the property owners shall grant a forty-five foot (45') wide strip along the north property line as a road and utility easement for Durston Road for future improvements to Durston Road. 4. That the property owners shall grant a sixty foot (60') wide road and utility easement for West Beall Street from the east property boundary to its intersection with North 25th Avenue to the west. Alignment of the easement shall be approved by the City . Engineer. 5. The applicants shall provide a mylar map, suitable for filing, of the annexed area which is acceptable to the Public Service Director. The Assistant Planning Director requested that Condition No.2 be revised by adding the following paragraph: "Said waiver shall be included as an attachment to the Annexation Agreement and filed at the Gallatin County Clerk and Recorder's Office therewith." She noted that this will ensure that both documents are filed together and, therefore, easily retrieved. Responding to Commissioner Frost, Assistant Planning Director Arkell stated that, with central water and sewer services, a higher density of development could occur under the existing R-R zoning on the subject property than under the R~3 zoning which is contingent upon annexation. Commissioner Frost noted it is important to recognize that this property can be . developed at the present time, whether it is inside city limits or not. He noted, therefore, the impacts of this annexation upon the school system are not an issue. Mr. Tom Fellows, applicant, stated he feels that annexation of the subject property will be an enhancement to the city. He then thanked the Commission for its careful consideration of this annexation, and encouraged their approval. Mr. Phil Mazuranich, 24 North Western Drive, cited an excerpt from Objective No. 9.2 of the developmental plan for County Zoning District No. 1, which requires that new development within the district be required to minimize impacts on adjoining lower-density developments. He noted the fact that all of the development on North 23rd Avenue, on the north edge of the Human Resource Development Council property to the south and on North . 25th Avenue is single-family, except for one multiple family unit. Mr. Mazuranich expressed concern that a rather high-density development has been proposed for the subject parcel, if it is annexed. He then suggested that, if this property is annexed, the applicant should be required to construct West Beall Street from its present 12-05-94 -- . - 20 - terminus to North 25th Avenue and construct North 25th Avenue from West Beall Street to Durston Road. Mr. Brian Leland, 528 North Bozeman Avenue, noted the reason for seeking annexation of the subject parcel is to obtain City water and sewer services. He noted that, . according to the City's Finance Department records. $1 .7 million was spent last year to ensure that the City's water supply was adequate for the summer months. In addition, since 1970, $8.3 million has been spent to provide waste water treatment facilities which could adequately service the City. He expressed concern that, without impact fees, the City still seems to be locked into the "great Bozeman give-away". He then suggested that, until those fees are established, allowing additional development to connect to those services should not be allowed. Mr. Leland also expressed concern about the impacts which the high groundwater in the area will have on buildings. He cautioned that crawl spaces on this type of land, which is extremely good for agricultural use, are often damp; and that can lead to a need to provide substantial renovation of a home within twenty to thirty years. . hearing. Since there were no Commissioner objections, Mayor Vincent closed the public Commissioner Frost stated his concurrence that the issues of water and waste water treatment capacities need to be reviewed. He then forwarded his position that annexation of the subject property is appropriate. 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 authorize and direct staff to prepare a resolution of annexation upon the applicant's execution of the Annexation Agreement and upon the applicant's satisfaction of Condition Nos. 1 through 5, as recommended in the staff report and as revised by the Assistant . Planning Director. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. 12-05-94 ---- - 21 - Public hearina - Commission Resolution No. 3023 - intent to annex 5.47 acres located along the north side of West Babcock Street at North 25th Avenue extended: clarification of legal descriDtion for attendant zone maD amendment This was the time and place set for the public hearing on Commission Resolution No. 3023, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated that the subject 5.47-acre parcel is located along the north side of the 2500 block of West Babcock Street, immediately west of the recently-approved Human Resource Development Council development. He stated the annexation includes two separate parcels, under separate ownerships, which are legally described as Lot 1, Egbert Subdivision, and Lot 1, Certificate of . Survey No. 1840. The Associate Planner stated that staff has reviewed this application in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716; and the comprehensive staff findings are contained in the written staff report, which was previously submitted to the Commission. He briefly highlighted those findings, stating that the application is generally in compliance with the goals and policies, with notation under Policy No.8 about the impacts which development of this parcel may have on the school system. The Associate Planner then forwarded four conditions which staff recommends be incorporated into approval of proceeding with the annexation of the subject property: 1. The property owners shall provide usable water rights or cash-in- lieu thereof in an amount determined by the Director of Public Service at the time the Annexation Agreement is signed. . 2. That the property owners provide an executed waiver of right to protest the creation of SID's, which shall specify that in the event SID's are not utilized for the completion of these projects, the property owners shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof. The waiver shall include the following: 12-05-94 - 22 - a. Street improvements to West Babcock Street, including paving, curb/gutter, sidewalk, and storm drainage. b. Signalization and intersection realignment improvements at the intersection of West Babcock Street and West Main Street. 3. That the property owners shall grant a forty-five foot (45') wide . strip along the south property line adjacent to West Babcock Street, for future improvements to West Babcock Street. 4. The applicants shall provide a mylar map, suitable for filing, of the annexed area which is acceptable to the Public Service Director. The Associate Planner requested that Condition No.2 be revised by adding the following: a new sub-section c. which reads "Street improvements to West Mendenhall Street, including paving, curb/gutter, sidewalk, and storm drainage" and a final paragraph which reads: "Said waiver shall be included as an attachment to the Annexation Agreement and filed at the Gallatin County Clerk and Recorder's Office therewith." Associate Planner Morris reminded the Commissioners that at their meeting of September 6, they approved a zone map amendment for this subject property, from R-R to R-3 and R-3a. He stated that a review of the notice for that public hearing revealed an error. In . an effort to ensure that the original approval of the zone map amendment was properly considered and understood, he requested that the Commission vote at the conclusion of this public hearing to reaffirm its action on the zone map amendment, understanding that the properties owned by both Scenic Developers, Inc., and Ms. Karen Neibauer were involved in that zone map amendment. Assistant Planning Director Arkell stated that consideration of the zone map amendment in conjunction with this annexation hearing has been duly advertised in the newspaper, with notice being sent to the adjoining property owners. She characterized this as a clarification of the properties included in the zone map amendment, ensuring that everyone understands that Ms. Neibauer's property was included. Mr. Phil Mazuranich, 24 North Western Drive, reviewed a portion of the covenants . for development of the subject property. He emphasized the importance of recognizing that buffer strips are to be provided in both the northwest and northeast corners of the property; and the northernmost structures are to be single story structures only. Mr. Mazuranich stated that North 25th Avenue should be extended from West Babcock Street to Durston Road; and it is important for West Beall Street to connect to North 12-05-94 - 23 - 25th Avenue. He noted this will provide an alternative route for traffic moving toward Kirk Park, Gibsons and North 19th Avenue. Ms. Karen Neibauer, applicant, indicated a willingness to respond to any questions. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. . There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct staff to prepare a resolution of annexation upon the applicant's execution of the Annexation Agreement and upon the applicant's satisfaction of Condition Nos. 1 through 4, as recommended in the staff report and as revised by the Associate Planner. 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. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that . the Commission reaffirm its previous action to approve a zone map amendment from R-R, Rural Residential, to R-3, Residential--Medium-density, and R-3a, Residential--Two-family, Medium~ density, on Lot 1, Egbert Subdivision, and Lot 1, Certificate of Survey No. 1840. 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. Variance from Table 18.65.050.A of the Bozeman Municipal Code - C. Jack Germeroth - to allow low-profile or "monument" sian in A-S. Aariculture Suburban. District - EYi. EYi. NE%. NE%. Section 17. T2S. R5E. MPM (5393 Gooch Hill Road) (C-9422) This was the time and place set for the public hearing on the Variance from Table 18.65.050.A of the Bozeman Municipal Code as requested by C. Jack Germeroth, under . Application No. C-9422, to allow a low-profile or "monument" sign in an A-5, Agriculture Suburban, District. The subject property is located in the East one-half, East one-half, Northeast one-quarter, Northeast one~quarter, Section 17, Township 2 South, Range 5 East, Montana Principal Meridian, and is more commonly located at 5393 Gooch Hill Road. Mayor Vincent opened the public hearing. 12-05-94 - 24 - Associate Planner Patrick Morris presented the staff report. He stated that the subject property is a long, narrow parcel located at the southwest corner of the intersection of Huffine Lane/U.S. 191 and Gooch Hill Road. Since a monument sign is not allowed in an A-S, Agriculture Suburban, District, the applicant is seeking a variance to allow that type of signage. The Associate Planner stated that staff has reviewed this application in light of the . three criteria established by the Montana Supreme Court, and as set forth in Section 18.56.060 of the Bozeman Municipal Code. He noted that the staff's comprehensive findings are contained in the written staff report, which was included in the Commissioners' packets. He summarized the staff findings, stating that staff finds the application is not contrary to the public interest; that, because of conditions unique to the property, literal enforcement of the zone code would result in unnecessary hardship; and that the spirit of the zone code will be observed and substantial justice done. He noted that, since the subject property is located within an entryway corridor overlay district, the proposed signage must be approved by the Design Review Board prior to its installation. He then forwarded three recommended conditions for approval of the application. . Dr. Jack Germeroth, applicant, 5393 Gooch Hill Road, stated he has recently purchased the subject property. He noted that, since the veterinary clinic is located 300 yards from the highway, he feels signage is important. He stated that traffic moves along the highway at a high rate of speed; and the clinic is not readily visible. He noted that the signage is designed to attract attention and to serve as a directional sign for those seeking his clinic. He forwarded his plan to provide 24-hour service, further emphasizing the need for easy identification of his location. Dr. Germeroth then questioned the estimated size of the proposed sign. He noted that, while his calculations and those of the sign company suggested the sign will be 21 to 24 square feet in size, the staff report references a 28-square-foot sign. Associate Planner Morris responded that, while the proposed sign appears to be 20 . to 24 square feet in size, the maximum size allowed for monument signs in other zoning districts is 28 square feet. He stated it was staff's position that allowing a sign of up to 28 square feet in size would provide for a more uniform application of the zone code provisions, recognizing that the sign may be smaller than the maximum size allowed. 12-05-94 - - ---.- - 25 - The Associate Planner then noted that the height of a sign is measured in relation to the grade of the adjacent street; and in this instance both street grades are higher than the site where this sign is to be placed. Responding to Commissioner Frost, Dr. Germeroth stated this sign is to be self- illuminated, with no spot lights to be used. . No one was present to speak in opposition to the requested variance. 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 variance from Table 18.65.050.A of the Bozeman Municipal Code as requested by C. Jack Germeroth, under Application No. C-9422, to allow a low-profile or "monument" sign in an A-S, Agriculture--Suburban, District, on property located in the East one-half, East one-half, Northeast one-quarter, Northeast one-quarter, Section 17 Township 2 . South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. The proposed monument sign shall be subject to Certificate of Appropriateness approval by the Design Review Board (DRBI; 2. The proposed monument sign shall not exceed five feet in height nor twenty-eight square feet in area and shall be subject to all applicable provisions of the Sign Code, including landscaping requirements. 3. This approval shall be limited in application to the "Arrowhead Veterinary Clinic" or any subsequent veterinary clinic use located on the subject property. In the event that a veterinary clinic is no longer in operation at this site, this variance 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 Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Adjournment - 8:35 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being 12~O5-94 -- - ~- - 26 - Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ~.~ - \I.- J N VINC T, Mayor . ATTEST: ~ 01 Ju~ ROBIN L. SULLIVAN Clerk of the Commission , . . 12-05-94 --....-.