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HomeMy WebLinkAbout1994-05-02 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 2, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 2, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent in compliance with Section 7-3.4322(2), M.C.A. 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 - April 18. and ADril 25. 1994 Commissioner Youngman asked for a change to the minutes of the meeting of April . 25, in addition to those which had been forwarded in writing. She noted that under the setting of goals, she had submitted a list of seven top priority goals, instead of the six requested by the City Manager. She stated those goals were in no priority order; and the last goal she had listed was one of her top goals. She then asked if that goal could be added or if she could replace one of the other goals she had listed. Mayor Vincent stated that, in all fairness to the other Commissioners, it would be most appropriate to replace one goal with the goal she desires. Commissioner Youngman then asked that her vote for "Investigate and possibly implement VOLUME-BASED automated solid waste collection system; innovative waste management options when physical plant needs expansion" be changed to "Wetland survey of city and surrounding area, along with long-term open space and parks planning". She . stated that since she is the only Commissioner who voted for either of these goals, it will have no major impact on the list of goals for the upcoming year. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of April 18 be approved as amended and the minutes of the regular meeting of April 25, 1994, be approved as amended. The motion carried by the 05-02-94 - - --,- - 2 - following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, and Mayor Vincent; those voting No, none. Preliminary Plat review - Courtyard Cottages Subdivision -Ileana Indreland. Michael Delaney and Diamond Productions - to subdivide 37.781 acres into 121 sinale-familv residential lots - NE%. . Section 10. T2S. R5E. MPM (east of Ferguson Avenue between West Babcock Street and Durston Road) (P-9411) This was the time and place set for review of the preliminary plat for Courtyard Cottages Subdivision, as requested by Ileana Indreland, Michael Delaney and Diamond Productions under Application No. P-9411, to allow the subdivision of 37.781 acres located in the northeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into 121 single-family residential lots. The subject property is more commonly located along the east side of Ferguson Avenue between West Babcock Street and Durston Road. City Manager Wysocki submitted to the Commission a letter from Ileana Indreland, dated May 2, 1994, requesting that this review be delayed until the May 9 Commission meeting, when a full Commission will be present. The letter further indicated that the applicant . recognizes this request will result in the need to grant an extension of the GO-day review period, and gives the City an additional 9 days in which to complete the review and take final action. Assistant Planning Director Arkell stated the GO-day review period expires on May 14. She stated that she asked Mr. Don McLaughlin, architect for the project, for a nine-day extension, to May 23, which will allow the Commission two full weeks to make a decision after its May 9 review. Responding to the City Manager, Mr. McLaughlin stated he understands that this nine- day extension will allow the Commission to make its final decision on this preliminary plat as late as May 23. . Commissioner Stiff noted that the memo from Ms. Indreland references impact fees. He then asked that City staff be prepared to address the financial and legal aspects of this issue, including the possibility of an escrow arrangement, which is also being considered in another situation. 05-02-94 -". ----.- -- .- - 3 - It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that this preliminary plat review be continued to 3:30 p.m. on Monday, May 9, per the applicant's request, and that City staff be prepared to discuss the financial and legal aspects of the impact fee issue at that time. The motion carried by the following Aye and No vote: those voting Aye . being Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Third auarter budaet review for Fiscal Year 1994: attendant budget amendments Administrative Services Director Gamradt forwarded the results of his third quarter budget review and attendant budget amendments for Fiscal Year 1994, as contained in his memo dated April 27, a copy of which had been included in the Commissioners' packets. He highlighted a couple major amendments in the report, including inclusion of the recently- received Community Development Block Grant for Reliable Transaction Processing. He also noted that a $70,000 increase in appropriations has been requested for the Central Services, which is an internal service fund. He stated this increase does not reflect a cash outlay . because of the internal service fund status, but reflects monies circulating between funds in the City. He characterized this approach as typical in governmental entities. The Administrative Services Director stated that this is the first year that the City has entered into a self-insurance fund for health/medical insurance coverage. Because of extraordinary claims thus far in Fiscal Year 1994, a budget amendment in the amount of $150,000 is needed. He noted that preliminary discussions with representatives from Blue Cross/Blue Shield suggested a 41-percent increase in premiums for next fiscal year; negotiations have reduced that to 30 percent; and additional discussions may reduce the increase even further. Responding to Mayor Vincent, the Director stated that the revenues from building permits are substantially higher than anticipated this year. He noted that, even though an . increase in anticipated revenues was included in the mid-year budget review, an additional increase is needed in this budget amendment process as well. He then noted that these revenues are receipted to the General Fund and can be used for any purpose determined by the Commission. He cautioned, however, that this source of revenue is extremely volatile and may drop dramatically at any time. 05-02-94 - .-- - 4 - City Manager Wysocki noted that the amount contained on both the revenues and expenditures sides under Parks and Playgrounds is to account for parkland dedication. Director Gamradt noted that, due to unique twists in governmental accounting, dedicated lands must be recorded in this manner. . Director Gamradt then reviewed the change in accounting for revenues received from the State for signal light maintenance. He noted that those monies have been receipted to the General Fund in the past because they represent reimbursement for time spent by the Street Department crew. This year, all Street Department salaries are accounted for through the Street Maintenance District budget unit, so the revenues are being transferred to that budget unit as well. Administrative Services Director Gamradt then responded to questions from the Commission regarding the City's health insurance program. He noted that the City has two stop loss coverages, one of which is $75,000 per individual claimant. The second stop loss coverage is for the self-insurance pool, which includes City employees from Bozeman, Kalispell and Helena; and that coverage is an aggregate stop loss for the entire pool. He then noted this . is the first full year of this self-insurance program; and trying to predict costs was extremely difficult because of the lack of historical data. Responding to Mayor Vincent, City Manager Wysocki stated that 18 percent of the garbage currently dumped in the City landfill is from the City's garbage collection trucks. He noted the remainder is taken to the landfill by Three Rivers Disposal or residents from outside the city limits. He then cautioned the Commission that the City will face an estimated $3 million in closure costs on the landfill; and steps must be taken to alleviate the burden that will place on the future city taxpayers. Administrative Services Director Gamradt stated that one of the changes in accounting principles which will be incorporated this year is showing the costs associated with closure of the landfill as a liability. He stated the amount is determined by estimating the costs . of closure and dividing that amount by the estimated life of the landfill. In this instance, the estimated cost of closure is $3 million; and the anticipated life of the landfill is ten to twelve years. He cautioned, however, that Three Rivers' use of the landfill can dramatically impact that life expectancy. 05-02-94 ---- - ~- - 5 - It was moved by Commissioner Stueck, seconded by Commissioner Youngman, that the Commission acknowledge receipt of the third quarter budget review for Fiscal Year 1994, and authorize and direct the Mayor to sign the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, . Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Discussion - DreDaration for town meetina scheduled for 7:00 p.m. on Thursdav. Mav 19 Commissioner Stiff distributed to the Commission a copy of the lists of major projects and transportation system maintenance projects, as contained in the final version of the Bozeman Urban Transportation Plan 1993 Update. He noted that the date for the town meeting is rapidly approaching; and he feels it is imperative that the Commission be fully prepared and avoid any potential for confusion at that meeting. City Manager Wysocki noted that Director of Public Service Forbes has just returned from vacation. He indicated that he, Director of Public Service Forbes and Planning Director Andy Epple will work to develop a list of projects that could be considered for the $3, $4 and . $5 million bond issue amounts. Mayor Vincent stated that he has talked to Mr. Lou Gappmayer, Principal of the Bozeman Senior High School, and has made the necessary arrangements to conduct the meeting in the Choral Room at 7:00 p.m. on Thursday, May 19. He noted the room will work well, with a minimum amount of set-up required. Commissioner Youngman suggested that, in addition to publications in the Bozeman Daily Chronicle and public service announcements on the radio, it may be beneficial to create a couple posters which can be displayed at the Library. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that the Chamber has 60-second spots on radio and television that the City could use to promote this meeting if they so desire. . Commissioner Stiff asked about the format, noting it is imperative that the Commission be adequately prepared and not reflect any type of confusion at the meeting. He also noted steps must be taken to ensure that the process is constructive and that valuable input is received. 05-02-94 .1 .------. - 6 - Mayor Vincent briefly highlighted the structure of the meeting, from his point of view. He suggested that a brief introduction, followed by a staff presentation setting forth possible scenarios for $3, $4 and $5 million bond issues, and a brief overview of the transportation plan update could set the stage for accepting public input. He noted the importance of including . figures on how much the retirement of the general obligation bonds will impact taxpayers, and the importance of including the costs of the recently-approved bond issue and mill levies for the School District, which have not yet been assessed. Mayor Vincent suggested that important points in the initial presentation include the issue of impact fees, and the fact that this general obligation bond issue is not designed to subsidize developers. Instead, the proposal is designed to allow for more rapid installation of road improvements which will benefit the entire community. Planning Director Andy Epple stated that an intern is diligently working on a transportation system impact fee proposal; however, that proposal will not be presented for consideration for at least six weeks. He then suggested that the smaller TSM's not be considered for funding through a bond issue; however, he noted that some of those costing . $300,000 to $400,000 could possibly be considered. The Planning Director then noted there are $39 million in the major projects list alone; and he feels it is important that a short list of those projects which can be realistically completed by the City and the County by the year 2010 should be developed. He then cautioned that impact fees should be considered as another source for funding some of the transportation projects; and care must be taken to ensure that those fees are not used for retirement of a general obligation bond issue. He suggested that a general list of possible projects could be developed for consideration at this time, noting a specific list of projects is not necessary until a bond issue is actually pursued. City Manager Wysocki reminded the Commission that this is a town meeting; and is designed as a time for accepting public input on the concept of a general obligation bond issue . to fund transportation projects. He noted that while staff can develop a proposed list of projects for consideration, that list can be readily changed as a result of public comment. The City Manager then cautioned the Commission that a 40-percent voter turnout is needed to approve a general obligation bond. He suggested that the most certain method of getting that percentage is through a mail ballot, which will probably cost around $25,000. 05-02-94 ._.__.~~._-,- --- - 8 - (8) The City Manager submitted his weekly report, as follows. (1) Attended the grand openings for ILX Lightwave and the First Security Bank West drive-up banking facility. (2) Assistant City Manager Brey attended the open house at the Senior Center on Saturday. (3) Budgets and sidewalk discussions absorbed a substantial amount of last week. (4) . Participated in the Burton K. Wheeler lecture program last week. (9) The City Manager addressed the issue of impact fees, noting that they could be assessed at the time of subdivision or at the time a building permit is drawn. He noted that the City already charges for time and materials for connections to the water and sewer systems; and care must be taken to ensure that impact fees don't cover those costs again. He stated that if impact fees are assessed at the time of subdivision, the City will receive monies sooner than if the fees are assessed on the building permit. He also noted that if development suddenly slows or stops, the City will have those monies which might not be collected if the fees were attached to the building permit. The City Manager emphasized the fact that impact fees are designed to cover the impacts of a development on the future capacities of the City systems. He recognized that e there are thresholds where plant capacities and the sizes of service lines must be increased due to the demands placed on them. (10) Commissioner Stueck characterized his week as generally "business as usual" with a lot of opening ceremonies to attend. (11 ) Commissioner Youngman submitted the following. (1) Attended the first meeting of the ad hoc committee to review cable television franchising options last week, noting the next meeting is scheduled for next Monday evening at 7:00 p.m. in the Commission Room. (2) Attended the Beautification Advisory Board meeting at noon today. ( 12) Commissioner Stiff noted this past week was busy, including several of the grand opening ceremonies that others have already mentioned. ( 13) City Attorney Luwe stated that tomorrow he anticipates an article in the . Bozeman Daily Chronicle regarding arbitration which the City went through last year because of the promotion procedure used to determine promotion to the newly-created staff sergeant position in the Police Department. He gave the Commission a brief synopsis of the case, noting that last week the City released documents to the Chronicle as a result of the newspaper's request. 05-02-94 - 9 - (14) C lerk of the Commission Sullivan submitted the following. (1) Circulated pictures taken during Clean Up Bozeman last month. (2) Reviewed the agenda for next week's meeting, which does not include an evening session. ( 15) Mayor Vincent submitted the following. (1) Attended the ceremonies for . renovation of the old Engineering Building at MSU. (2) Attended the ILX lightwave grand opening ceremonies. (3) Announced that Commissioner Frost has requested that the Commission defer action on the zone code amendment to allow inflatable signs until next week's meeting, so he can participate in the decision-making process. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Reauest for Dermission to conduct CNFR parade - Gallatin Saddle & Harness Club - Tuesday. June 14. 2:00 D.m. - established CNFR route. beginnina and ending at Fairgrounds Application for temDOrary Beer License - Community Food CO-OD. 908 West Main Street - to allow sale of beer in coniunction with general membershiD meeting/Dotluck to be held on lawn - Saturday. June 11 . Deviation from Section 18.50.100.0.6.. to waive 2 of reauired 23 landscape Derformance standards for alternative landscaDe proposal in conjunction with conversion of residence to office buildina and basement apartment - Lowell SDrinaer for Dennis Hardin. 113 South 19th Avenue: Der ORB recommendations (Z-9438) Deviations from Sections 18.16.050 and 18.50.050. to allow replacement of single-car garage with new two-care garage which encroaches 4 % feet into reauired 8-foot side yard and 8 % feet into reauired 10-foot rear yard. and exceeds heiQht of DrinciDle structure by apDroximately 2 feet - Jack & Joanne Tackle. 518 South Third Avenue: Der ORB recommendations (Z-9439) Deviation from Section 18.18.050. to allow new addition (which reolaces enclosed rear Dorch with new bedroom addition) to encroach 2 feet into the required 8-foot side yard setback - Bill Phillios for Eleanor Lee. 517 North Bozeman Avenue: Der ORB recommendations (Z-9440) . Acknowledge receiDt of request for annexation - Montana Power ComDany. and Mergenthaler Transfer and Storaae for the Beyl Family Trust. Kevin Beyl and Patricia Hash - 11. 5 acres described as the remainina Dortion of COS No. 157 A. located in the SW y.. of Section 31. 115. R6E. MPM. Parcel No. RFH 6901 (north side of Griffin Drive. east of Manley Road); refer to staff Buildina Insoection Division for March 1994 05-02-94 - 10- It was moved by Commissioner Youngman, seconded by Commissioner Stiff, 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 Youngman, Commissioner Stiff, Commissioner . Stueck and Mayor Vincent; those voting No, none. Recess - 4:45 p.m. Mayor Vincent declared a recess at 4:45 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled 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 hearing - Conditional Use Permit - Steve and Marianne Liebmann - allow conversion of existing dUDlex into a boardina house for eiaht students and two house Darents - west 80 feet . of Lots 19 through 24. Block 34. CaDitol Hill Addition (426 West Garfield Street) (Z-9415) This was the time and place set for the public hearing on the Conditional Use Permit requested by Steve and Marianne Liebmann, under Application No. Z-9415, to allow the conversion of an existing duplex located on the west 80 feet of Lots 19 through 24, Block 34, Capitol Hill Addition, into a boarding house for eight students and two house parents. The subject property is more commonly known as 426 West Garfield Street. Mayor Vincent opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that under this application, the existing duplex is to be converted into a boarding house for eight high school students and two house parents. The subject property is located at the southeast corner of the intersection of South Fifth Avenue and West Garfield Street, and is adjacent to the . Headwaters Academy, which the students attend. Associate Planner Wall stated that exterior changes to the subject structure are to be very minimal. The applicant proposes to widen the parking pad at the front of the site to accommodate two vehicles; and the garbage storage area is to be relocated from the street frontage to the patio area at the rear of the building. 05-02-94 -..--. ---- - 11 - The Associate Planner stated the applicant has also requested a deviation from Section 18.50.120 of the zoning ordinance to waive 4.25 parking spaces of the 6.25 parking space requirement. The applicant has indicated that, through the proposed lease, the students will not be allowed to have cars; and the house parents will be allowed a maximum of two e vehicles. He stated that under the recommended conditions for approval, this limitation would be included. Associate Planner Wall stated that the City-County Planning Board considered this application on the Consent Agenda at its meeting held on April 19, 1994, at which time it voted to recommend approval, subject to the ten conditions recommended by staff. Responding to Mayor Vincent, the Associate Planner stated that, since this subject property is located within the neighborhood parking district, visitor permits can be acquired for those wishing to park on the street. Ms. Marianne Liebmann, applicant, stated the students are from Grade 7 through 12 at the Headwater Academy. She stated that under the lease, students will not be allowed to have cars. She emphasized that these students are not from Bozeman, but are from out of e town. She stated that if the parents come, it is generally to take them home rather than to visit them at the home. She then stated that the prospective house parents are current residents of Bozeman. She noted that, while she has not even considered the issue of visitor permits, she is willing to work with City staff concerning that item. No one was present to speak in opposition to the requested Conditional Use Permit. Since there was no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of 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 Conditional Use Permit requested by Steve and Marianne Liebmann, . under Application No. Z-9415, to allow the conversion of an existing duplex located on the west 80 feet of Lots 19 through 24, Block 34, Capitol Hill Addition, into a boarding house for eight students and two house parents, subject to following conditions: 1. A raised concrete sidewalk that is at least 5 feet wide shall be provided along the front of the parking spaces (between the nose 05-02-94 - 12 - end of parking spaces and the building), as per Section 18.50.120.8.13 PEDESTRIAN FACILITIES IN PARKING LOTS; 2. A maximum of two vehicles may be kept at the site; this limit shall be controlled by the applicant through the lease agreement with the tenants. If more than two vehicles are kept at the site the Conditional Use Permit shall become void unless additional parking and landscaping are provided in accordance with the . zoning ordinance requirements and procedures; 3. That seven copies of the final site plan and landscape plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval, that a written response which addresses how each condition of approval has been met shall be submitted with the final site plan, and that signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 4. That the applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 5. That a building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, . may occur until a building permit is issued; 6. That if occupancy of the structure or commencement of the use is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; 7. That the right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 8. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 9. That all conditions specifically stated under any Conditional Use . listed in the zoning ordinance shall apply and be adhered to by the owner of the land, successors or assigns; and 10. That all of the special conditions shall be consented to in writing by the applicant; and approve the requested deviation from Section 18.50.120 to waive 4.25 of the required 6.25 parking spaces on the subject parcel. The motion carried by the following Aye and No 05-02-94 - -.-- ------.-- .--.. - 13 - vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Public hearina - Zone MaD Amendment - M-2 to B-2 - William ThomDson for ThomDson ProDerties - Lot 1 Gordon Mandeville State School Section Subdivision. located in the SE%. . Section 36. T1S. R5E. MPM (2107 North 7th Avenue) (Z-9423) This was the time and place set for the public hearing on the Zone Map Amendment from "M-2", Manufacturing and Industrial, to "B-2", Community Business District, requested by William Thompson for Thompson Properties, under Application No. Z-9423, for Lot 1, Gordon Mandeville State School Section Subdivision, located in the southeast one-quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly known as 2107 North 7th Avenue. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated the subject property, which is located at the northwest corner of Mandeville Lane and North 7th Avenue and contains 4.0788 acres, is the former KBMN radio station site. He stated the subject parcel . has been annexed into the city. Also, the applicant has recently completed a minor subdivision review process, under which the subject parcel was divided into five commercial lots. The Senior Planner noted that, under approvals for the various planning and zoning processes, the applicant will provide paving improvements to Mandeville Lane and Flora Lane, including curb, gutter and sidewalk along the subject property. Senior Planner Skelton stated the existing boundary between the B-2 and M-2 zoning districts is Mandeville Lane. The applicant proposes to extend the B-2 zoning to include the subject parcel, which will allow for retail uses. Senior Planner Dave Skelton stated that the City-County Planning Board considered this application at its meeting held on April 19. He noted that at that time, there was no public testimony; and no written testimony has been received to date. He stated that the written . staff report contains the twelve criteria set forth in State statutes for review of zone map amendments, and the written staff findings for each. He noted that the Planning Board reviewed those criteria and staff findings during the public hearing, and concurred in the staff's recommendation for approval. 05-02-94 .--.. - 14 - The Senior Planner stated that the current master plan land use designation for the subject property is business park industrial; and the requested rezoning is in compliance with that designation. The subject parcel is located in the entryway overlay corridor; and any development will be subject to the design objective plans. . Responding to Mayor Vincent, the Planner stated that signalization of the North 7th Avenue/Griffin Drive/Mandeville Lane intersection as well as the off ramps on North 7th Avenue at the 1-90 interchange is scheduled for 1995, although that schedule has been slightly pushed back. He stated that with this signalization and the transportation system improvements that are to be installed in conjunction with development of the subject property, staff feels the traffic impacts are appropriately addressed. Mr. William Thompson, applicant, stated he feels this requested rezoning is a natural extension of the business corridor, particularly since the subject property is within two blocks of an 1-90 interchange. He then stated that he has been working with the State Department of Transportation on a direct access to the subject property; and he has received approval, contingent upon City approval. He stated this will allow for internal circulation on the site and . should alleviate some of the traffic impacts on the intersection of North 7th Avenue and Mandeville Lane. Senior Planner Skelton forwarded staff's recommendation that if the Commission approves this zone map amendment, it include the requirement that the applicant provide a legal description, completed by a licensed surveyor, to the Clerk of the Commission. No one was present to speak in opposition to the requested Zone Map Amendment. Since there was no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of 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 Youngman, that . the Commission approve the Zone Map Amendment from "M-2", Manufacturing and Industrial, to "B-2", Community Business District, requested by William Thompson for Thompson Properties, under Application No. Z-9423, for Lot 1, Gordon Mandeville State School Section Subdivision, located in the southeast one-quarter of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, with the stipulation that the applicant provide a legal 05-02-94 - .-..--- - 15 - description of the subject property, describing the metes and bounds and adjacent rights-of- ways, as prepared by a licensed Montana surveyor within thirty (30) days, if a legal description is needed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those . voting No, none. Public hearing - Zone MaD Amendment - B-1 to R-2 Ileana Indreland. Michael Delaney and Diamond Productions -7.0 acres located in a Dortion of the NEv... Section 10. T2S. R5E. MPM (southeast corner of the intersection of Durston Road and Ferauson Avenue) (Z-9427) This was the time and place set for the public hearing on the Zone Map Amendment from "B-1", Neighborhood Service, to "R-2", Residential--Single-famil y, Medium-density, as requested by Ileana Indreland, Michael Delaney and Diamond Productions, under Application No. Z-9427, on 7.0 acres located in a portion of the northeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at the southeast corner of the intersection of Durston Road and Ferguson Avenue. . Mayor Vincent opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that this application is for rezoning of approximately 7 acres at the southeast corner of the intersection of Durston Road from neighborhood service to medium-density residential. She noted that in 1980, when Valley Unit Subdivision was originally annexed, it was determined that some small pockets of neighborhood commercial zoning within the 320-acre parcel would be appropriate; however, no specific land use planning was involved in designating those areas. She stated that, to date, no applications have been received for development of the subject B-1 zoned parcel or the B-1 zoned parcel at the intersection of West Babcock Street and Ferguson Road. She noted that, typically, B-1 districts develop in highly populated residential areas. She further noted that if the remainder of Valley Unit Subdivision, as well as the properties to the . west and the north were fully developed, the B-1 zoned properties might be developed; however, the current situation does not promote such development. Assistant Planning Director Arkell stated that staff has reviewed this application in light of the twelve criteria set forth in the State statutes; and those detailed findings have been included in the written staff report which was submitted to the Commission. She highlighted 05-02-94 .--- -" --- - 16 - those findings, noting that the master plan designates this subject site as urban residential infill. She then noted that under the current zoning, development of the subject 7-acre parcel could generate 1,780 average daily trips. Under the proposed zoning, twenty single-family residential units could be constructed on the subject 7 acres, generating an estimated 200 average daily . trips. She stated this represents substantially less traffic congestion. Based on an average of one-half student per household, this proposed rezoning would have minimal impact on the school system. The Assistant Planning Director stated that parkland for this parcel was not dedicated under the original Valley Unit annexation; therefore, the applicant will be required to provide the appropriate parkland dedication at the time of subdivision. She noted that for this subject 7-acre parcel, that parkland dedication is .3 acre. The Assistant Planning Director stated that the City-County Planning Board conducted its public hearing on this application at their regular meeting held on April 19. After receiving the staff report and accepting public testimony, the Planning Board concurred in the staff's recommendation for approval of this application. . Mr. Rick Kerin, engineer representing the applicants, stated that this requested rezoning will allow for more appropriate use of the subject property. He then encouraged Commission approval. Responding to Commissioner Stiff, City Attorney luwe stated that if and when impact fees are developed, the subject property may be required to pay those fees. He noted that when the impact fees are to be paid and how quickly the fees are established and how quickly the subject property develops will dictate whether impact fees are paid. He then stated that issue has nothing to do with this requested rezoning. Since there was no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of 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 Zone Map Amendment from "B-1", Neighborhood Service, to "R-2", Residential--Single-family, Medium-density, as requested by Ileana Indreland, Michael Delaney and Diamond Productions, under Application No. Z-9427, on 7.0 acres located in a portion of 05-02-94 --- .- . - ----- n_____. ..._ - 17 - the northeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, with the stipulation that the applicant provide a legal description of the subject property, describing the metes and bounds and adjacent rights-of-ways, as prepared by a licensed Montana surveyor within thirty (30) days, if a legal description is needed. 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. Public hearing - Zone Code Amendment - KBOZ and KZLO radio stations - amend ChaDter 18.65 to allow "inflatable signs" in the B-1. B-2. B-3. M-1. M-2 zoning districts (Z-9416) This was the time and place set for the public hearing on the Zone Code Amendment requested by KBOZ and KZLO radio stations, under Application No. Z-9416, to amend Chapter 18.65 to allow "inflatable signs" in the B-1 (Neighborhood Service District), B-2 (Community Business District), B-3 (Central Business District), M-1 (Light Manufacturing District) and M-2 (Manufacturing and Industrial District) zoning districts. Mayor Vincent opened the public hearing. Associate Planner Kevin Wall presented the staff report. He stated that under this . requested Zone Code Amendment, revisions are proposed to the text and tables in Section 18.65 to allow "inflatable signs" in the "B-1", Neighborhood Service, "B-2", Community Business, "B-3", Central Business, "M-1", Light Manufacturing, and "M-2", Manufacturing and Industrial, zoning districts. Specifically, the proposed revisions include changes to Tables 18.65.050.A. and 18.65.050.E. to allow inflatable signs in the designated zoning districts, to Section 18.65.110 by removing the words "inflatable signs and tethered balloons", and to Section 18.65.030 by adding a definition for "inflatable sign". The Associate Planning Director noted that these proposed amendments are subject to the same restrictions as those established in the City of Billings code. Associate Planner Wall stated that at the present time, inflatable signs are allowed . under special temporary use permits; and they are allowed without permits in situations like parades. The Associate Planner stated that staff has reviewed this requested zone code amendment in light of the twelve criteria set forth in the Montana Code Annotated; and the staff findings are contained in the written staff report which has been distributed to the 05-02-94 - 18 - Commission. He then highlighted four of those criteria, noting they are the four under which staff noted some tangible effects. Under No.1, the Associate Planner noted that the 1990 Bozeman Area Master Plan Update addresses the issues of development and signage with terms and phrases such as . "encourage area beautification through sign design and creativity that enhances the community and the surrounding environment"; "promote and stimulate the development of businesses that complement our community's goals, exemplify creativity in construction design to complement the surrounding land and beauty of the area, ..."; and "more intangible community goals and values to property development, such as protection of the environment, preservation of the community's past and scenic appeal and, often as not, the social and moral values of the community" . He suggested that an inflatable sign with a maximum height of 30 feet and a maximum size of 4,500 cubic feet does not complement or enhance the community or the surrounding environment; rather, they are designed to stand out from the surroundings. Associate Planner Wall stated that under No.3, staff has not identified any factors that would compromise health of the community's residents; however, under general welfare, . issue such as aesthetics and environmental values are considered. He stated that, based on the values pertaining to sign regulation, in the current sign code as well as the two previous sign codes, very specifically address preserving the natural scenic beauty, eliminating clutter, and ensuring against distractions to pedestrians and motorists. He noted that these inflatable signs can be a distraction to motorists, thus creating a hazardous situation. The Associate Planner then addressed No.1 0, which pertains to the character of the zoning district. He noted that the code allows one freestanding sign per zone, with much lower height and size limitations. He characterized the inflatable signs as a second freestanding sign on a site, which is taller and much larger than the allowable freestanding sign. Associate Planner Wall forwarded the Planning staff's conclusion that the proposed amendment does not meet four of the twelve criteria and, therefore, they recommend denial. . He noted, rather, these inflatable signs can be accommodated through the special temporary use permit process on a case-by-case basis. He noted that under that process, staff evaluates an application to ensure that the inflatable sign is placed so it does not encroach into the public right-of-way or otherwise threaten the general public health, safety and welfare. 05-02-94 - - - 19 - Mr. Bill Reier, Sr., owner of KZLO, The Fox, radio station, stated that they view their inflatable sign, named Scooter, as an attraction, not a sign. He noted that the minutes from the City-County Planning Board show that two of the Board members share that point of view. He then stated that, since the Commission has received copies of the information submitted . to the Planning Board as well as a copy of the minutes from the Board meeting. He stated that, rather than repeating that information, he will simply respond to any questions that might arise. Commissioner Stueck noted pictures of Scooter which showed guy wires across and cement blocks on the public sidewalk, which causes a great safety concern for pedestrians. He asked Mr. Reier if he feels those concerns can be adequately addressed without this zone code amendment or the special temporary use permit process. Mr. Reier, Sr., responded that he feels they can be. He stated his strong opposition to the special temporary use permit process, characterizing it as an arbitrary decision by staff. He then stated there are alternative methods of enforcement available to the City, to ensure that public safety standards are met. Mayor Vincent stated the volume of music accompanying the inflatable signs seems e to be an issue. He then asked if any thought has been given to that issue. Mr. Reier, Sr., responded that the volume of music has nothing to do with the issue before the Commission at this time. He stated, however, that he is interested in being a good neighbor, although he is not quite sure how to address the issue if the business with which they have contracted is asking for the louder volume. Ms. Vicki Mann, General Manager for KBOZ and KATH Country radio stations, distributed to the Commission a letter dated May 2, suggesting that rather than amending the zoning ordinance, the Commission consider a permit system for the use of inflatable signs. She stated that under this proposal, inflatables would be allowed within the city limits on a special permit basis. She suggested that the requirements attached to that permit be that the business desiring to have an inflatable be responsible for obtaining the permit; that the owner of the . inflatable show proof of insurance and add the City of Bozeman to the liability insurance policy via a rider; that no fee be charged for the permit; and the inflatable be allowed, in conjunction with a specific event, for three hours or less at one location, on a particular date. Ms. Mann also requested that the Planning staff be required to approve or disapprove 05-02-94 - 20 - an application for a permit within two business days after receipt, and that the applicant be notified via fax or telephone. Ms. Mann suggested that through the special permit, the City can take the necessary steps to ensure that the public health, safety and welfare are protected. She concluded by . asking the Commission to consider this proposal as a viable alternative to the requested zone code amendment. Mr. Bill Reier, Jr., stated his strong opposition to the proposal just forwarded, stating it does not benefit the City or the business wishing to use the inflatable sign. He stated the City has enough work to do without processing applications for inflatable signs, at a possible average of 5 to 6 applications per week. He noted that under the current fee structure, an application must be accompanied by $40. He estimated that at an average of two per week per year, by the time he is 70 years old, he would have spent $150,000 on permit fees. He emphasized that is an unnecessary cost to his business; and those monies could be better spent than in "giving it to the City to shuffle paperwork". Mr, Reier, Jr., then stated that when he talked to the manufacturer of their inflatable . sign, he had not been previously approached about the issue of safety. He noted the inflatables are not generally considered dangerous. He also stated they are not any more distracting to motorists than the elk at the bank or the Christmas lights. Mr. Reier, Jr., stated that inflatables cost about $8,000; and he does not anticipate that any business will purchase one so they can use it only three days a month. He also characterized the inflatables as dirty and cumbersome; and it is a burden to put them up and take them down on a daily basis. Mr. Reier, Jr., stated that Scooter has been used not only for commercial events, but for items such as the DARE fundraiser. He reiterated his position that Scooter is a temporary attraction, not a sign. Mr. Reier, Jr., then stated that, rather than overkill in government involvement, the . answer is education; and the City should be willing to work with those businesses who own inflatable signs, on issues such as pedestrian safety. Responding to Commissioner Stueck, Mr. Reier stated that sometimes the radio station receives a request one or two months in advance; and sometimes it receives a request for a live remote "tomorrow". 05-02-94 -.-.--.....--.- ...--- - ---....-...- - 21 - Mr. Chad Groth, 701 South Willson Avenue, stated support for allowing the inflatables, stating he does not view them as signs. He noted he does not feel that having them in one place for three days would hurt anyone. He then stated he does not support the permit system proposal because it adds a lot of paperwork to the process. He does not feel . that the inflatables are any more distracting than Christmas lights or "a short skirt walking down the street"; and encouraged Commission approval of this amendment. Associate Planner Kevin Wall stated that past use of the inflatables clearly shows that some type of system is needed to ensure responsible use. He then noted that the inflatables are currently being dealt with in the manner which Ms. Mann has proposed. Responding to Mayor Vincent, the Associate Planner stated that he does not view the proposed permit system as being any different than current procedure. He stated that special temporary use permit requests take one or two days to process. He noted the current requirements include submittal of a letter stating what is requested and a hand-drawn plot plan, not necessarily drawn to scale, showing the building, parking lot and where the inflatable is to be placed. . Further responding to the Mayor, the Associate Planner stated that the criteria for review of requests are quite simple. He noted that during review of a request, staff looks at it to make sure that sidewalks are not obstructed, that driving aisles are not obstructed, that the inflatable does not take up any required parking spaces, and that it does not prohibit access to fire lanes or fire hydrants. Mr. Bill Reier, Sr., stated that his company could accept a maximum height of 20 feet for inflatables, rather than the 30 feet requested in the application. He then stated he cannot support the proposed permit system because all of the concerns and issues raised by staff in support of the system can be addressed through other statutes and regulations already in place. He characterized it as "an unnecessary government intrusion into private business". Mayor Vincent reminded the Commission of Commissioner Frost's request that the . decision on this item be delayed until next week's meeting. At the City Manager's suggestion, Mayor Vincent continued the public hearing to 3:30 p.m. on Monday, May 9, 1994, to allow Commissioner Frost an opportunity to ask questions if necessary. 05-02-94 -- - - 22 - Adjournment. 8: 12 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Stueck, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. ATTEST: ~ dJ#~ ROBIN L. SULLIVAN Clerk of the Commission . . 05-02.94 -..---