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HomeMy WebLinkAbout1993-11-22 ccm ., MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 22, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 22, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, 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 15. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of November 15, 1993, be approved as amended. The motion carried by .he following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson~ those voting No, none. Decision - apDeal of decisions bv the DeveloDment Review Committee and Desian Review Board to deny a minor site Dlan review aDDlication to modify an existina final site Dlan under ADDlication No. Z-91122 to convert a gasoline service station to an automotive lubrication and oil chanae business - Paul Ellis. SDeedv Lube - Lots 17 and 18. Block 3. Violett Addition (438 North 7th Avenue) This was the time and place set for the decision on the appeal of decisions by the Development Review Committee and Design Review Board to deny a minor site plan review application to modify an existing final site plan under Application No. Z-91122 to convert a gasoline service station to an automotive lubrication and oil change business, as requested by Paul Ellis, owner of Speedy Lube. The subject parcel is known as Lots 17 and 18, Block 3, Violett Addition, end is more commonly located at 438 North 7th Avenue. City Manager Wysocki noted that included in the Commissioner's packets was a letter, from Mr. Ellis, dated November 17, requesting that the decision be delayed for a period of three weeks. He then stated he has hesitantly agreed to the requested delay, and recommended that the Commission accept this request and delay action until the December 13 meeting. 11-22-93 --------. --- - -.------- , - 2 - Commissioner Knapp stated she is willing to accept the request for delay of the decision; however, she noted this must be the last delay. She noted that if the decision is to be made by the same Commission that has been involved in the process for the past two years and has heard the appeal, then it must be placed on the December 13 agenda for action. _ Commissioner Stiff and Commissioner Frost both stated concurrence with Commissioner napp's comments. If was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission acknowledge receipt of the applicant's request for delay, and defer the decision to December 1 3. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Decision - deviations from Sections 18.20.050 and 18.50.050.F1 of the Bozeman MuniciDal Code to allow renovation of an existina sin ale-car aarage which encroaches 16% feet into reauired 20- foot rear yard setback and 6 % feet into reauired 1 O-foot rear yard setback for accessory structures - Jennifer Mitchell. 122 South Church Avenue (Z-93158) This was the time and place set for the decision on the deviations from Section 18.20.050 .nd 18.50.050.F1 of the Bozeman Municipal Code to allow renovation of an existing single-car garage which encroaches 16 Y2 feet into required 20-foot rear yard setback and 6 Y2 feet into required 10-foot rear yard setback for accessory structures, as requested by Jennifer Mitchell under Application No. Z-93158, for 122 South Church Avenue. City Manger Wysocki noted that, included in the Commissioners' packets were a letter from Mr. Bill Mitchell, dated November 17, and a letter from Mrs. Jennifer Mitchell, dated November 18. He then noted that, distributed just prior to the meeting, was a memo from Historic Preservation Officer Strahn, dated November 22, along with pictures of the subject house prior to the recent restoration activities and now. He also noted the Commissioners have just received a letter from Mr. Robert Sanks, 411 West Dickerson Street, cautioning them that this is a late eUbmittal that should not be considered in the decision-making process. Mayor Swanson reminded the Commission that the subject property lies within a conservation overlay district and, under the City's zoning ordinance, is subject to the Secretary of Interior's standards for renovation. He noted the Commission must now determine whether the members of the Design Review Board and the City staff, inc'uding the Historic Preservation Officer, 11-22-93 - 3 - are correct in their interpretations of these standards. He noted the applicant feels her proposal is appropriate; and the DRB and the staff have forwarded a differing recommendation. Commissioner Frost stated he will support the Design Review Board's recommendation because it upholds the City's zoning ordinance. . Commissioner Stiff stated his parents owned the subject property 35 years ago. He then ;' stated he has no problem with the proposed gambrel roof design and will support that proposal rather than the Design Review Board's recommendation. Commissioner Vincent stated he feels the proposed gambrel roof is within the parameters of the code, which does have some flexibility. He stated the proposed design is not inconsistent with the existing development in that area. He noted that the visual impacts of the proposed construction must be taken into consideration; and he feels the proposed gambrel roof does not appear as large as the gable roof, even though there is only 186 square feet difference. He then stated that, on that basis, he will support the gambrel roof because it is less imposing and does not create such a large mass. Commissioner Knapp stated her support for the DRB's recommendation. She noted the .ommission has repeatedly indicated its intent to leave the design decisions in the hands of the Design Review Board; and she feels their recommendation in this instance is appropriate. Mayor Swanson stated he does not believe that either the staff or the Design Review Board erred in their recommendations to the Commission; and he will support those recommendations. He noted they have appropriately considered the Secretary of Interior's standards in their deliberations. He acknowledged there may be a question in the community about whether it is appropriate to require that the Secretary of Interior's standards be applied to properties lying in the conservation overlay district, since they are neither in an historic district nor as an individual listing on the National Register of Historic Places; however, he noted that issue must be addressed in a different arena. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the .ommission approve the deviations from Section 18.20.050 and 18.50.050.F1 of the Bozeman Municipal Code to allow renovation of and existing single-car garage which encroaches 16 % feet into required 20-foot rear yard setback and 6 % feet into required 10-foot rear yard setback for accessory structures, as requested by Jennifer Mitchell under Application No. Z-93158, for 122 11-22-93 -..--.---- _. - " ----- -,,------ ..--.--....- - 4 - South Church Avenue, subject to the following conditions, as recommended by the Design Review Board: 1. That the applicant install a gable roof, similar in pitch, eave detail, shingles and color, that the proposed cupola not be erected, and that the exterior elevations be revised accordingly for review and approval by the Planning Office prior to issuance of a building permit; and . 2. That the applicant obtain an approved Certificate of Appropriateness from the Planning Director and a building permit from the City Building Department prior to proceeding with the project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Stiff and Commissioner Vincent. Decision - Zone MaD Amendment - A-S to R-S - Planned DeveloDment. Inc. - 145 + -acre Darcel known as Tract 1. COS 748A: Tracts 1 05. COS 748C: and Tracts 3A and 3A 1 (remainders). COS 748B. all situated in the SE%. Section 16. T2S. R6E. MPM (bounded bv Bozeman Trail. Canary Lane. Fort Ellis Road and Clover Meadows Subdivision) (Z-93143) This was the time and place for the decision on the Zone Map Amendment from "A-S", Agricultural Suburban, to "R-S", Residential Suburban, requested by Planned Development, Inc., .under Application No. Z-93143, for a 145 '" acre parcel known as Tract 1, cas 748A; Tracts 1-5, cas 748C; and Tracts 3A and 3A 1 (remainders), COS 748B, all situated in the SE%, Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The subject parcel is generally bounded by Bozeman Trail, Canary Lane, Fort Ellis Road and Clover Meadows Subdivision. Mayor Swanson reminded the Commission that the public hearing on this proposed rezoning was conducted at last week's meeting. He then reminded the Commission that the twelve criteria for considering a zone map amendment must be carefully considered and must be the basis upon which the Commission's decision is made. He noted that much of the testimony received at last week's meeting is more appropriately addressed under an actual submittal for development of the site rather than under this process. Responding to questions from Mr. Robert Taylor, Mayor Swanson stated that a six- .ember City-County Planning Board considered this application. He noted that the Board can operate with six of its ten members present; however, to forward a formal recommendation, six affirmative votes must be cast for a motion. He stated that in this instance, the vote to forward a recommendation passed on a 5 to 1 vote; however, since six votes were needed to forward a formal recommendation, this item has been forwarded with "no recommendation". 11-22-93 - ...----- - ...-- -- --". ; - 5 - Commissioner Frost stated his support for the requested rezoning. Commissioner Vincent stated he will support the requested zone map amendment. He noted, however, this must not be construed as a vote to support any particular proposal for development of the site. He stated that he does have reservations about the density of - .evelopment that is allowed under the R-S zoning designation; however. he noted that can adequately be addressed under a specific application. He then stated the proposed rezoning does comply with the Master Plan land use designation for the subject parcel. Commissioner Knapp stated that the major concerns expressed revolve around protection of water, both surface water and groundwater; and those issues can be adequately addressed under a specific proposal for development. She then stated that, because in the long term the proposed R-S zoning will allow the Commission to oversee development of the subject parcel, she feels it is in everyone's best interests to rezone the property as requested. Commissioner Frost stated his support for the proposed rezoning, concurring that the issues of water, traffic and density can be addressed under a specific proposal. Commissioner Stiff stated that staff has indicated, to his satisfaction, that the Commission .Will be able to address future development of the site. He then stated that, since the new zoning is in compliance with the Master Plan, it is appropriate to approve this request. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the Zone Map Amendment from "A-S", Agricultural Suburban, to "R-S", Residential Suburban, requested by Planned Development, Inc., under Application No. Z-93143, for a 145:t: acre parcel known as Tract 1, cas 748A; Tracts 1-5, cas 748C; and Tracts 3A and 3A 1 (remainders), cas 7488, all situated in the SE%, Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. ecision - review of Ci 's sidewalk installa i n 2816 This was the time and place set for the Decision on the review of the City's sidewalk installation policy, as set forth in Commission Resolution No. 2816. 11-22-93 --.--.-. .-...--.. - 6- City Manager Wysocki stated that staff has not yet had an opportunity to respond to the questions and concerns raised during the public hearing. He then requested that this item be delayed for a period of one week to allow staff an opportunity to conduct that review and to forward proposed revisions to the Commission for consideration in its decision-making process. _ The Commission concurred; and Mayor Swanson requested this item be placed on next eek's agenda. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a memo from Street/Sanitation Superintendent Sicz to Director of Public Service Forbes, dated November 16, reporting that 284 tons of leaves were picked up this year, compared to 256 tons collected in 1992. (2) Two letters regarding sidewalks which were received after the public hearing, one from Dana Huschle, 1222 Cherry Drive, dated November 17, and one from Lou and Gail Engle, .211 Holly Drive, dated November 18. The City Manager cautioned that these are late submittals, and have been stamped as such. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 23, at the Carnegie Building. (4) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, November 23, at the Carnegie Building. (5) Notice that there will be no County Commission meeting this week, along with daily minutes for the weeks of November 1 and November 8, 1993. (6) The City Manager submitted his weekly report, as follows. (1) Announced that on Thursday, he, Assistant City Manager Brey and Administrative Services Director Gamradt met .ith other City Managers and staff from around the State and Alec Hansen, Executive Director of the Montana League of Cities and Towns, to discuss the upcoming special legislative session. On Friday, while he attended the Montana Municipal Insurance Authority Board meeting, the staff met with sub-committees of the various legislative committees. He noted that over 130 bills have already been submitted for the special legislative session. (2) Attended the MMIA Board meeting 11-22-93 " - 7 - on Friday, at which time they continued discussion on the possibility of allowing a tri-county landfill to be placed under the MMIA liability insurance program. (3) Met with School District officials and staff last week to discuss the parking lot at the High School and Swim Center, in an attempt to address parking problems. (4) Announced that Administrative Services Director Gamradt is working tl'n a new format for the capital improvement program, which includes a split between equipment and projects. He indicated that the new format will be based on the best of examples which the Director has been able to obtain from around the country. (7) Commissioner Knapp stated she spent Thursday and Friday in Helena at a Library Services Advisory Council meeting. (8) Mayor Swanson submitted the following. (1) Stated the League of Women Voters has forwarded information to him regarding two national programs, one entitled "Take Back the System" and the other entitled "Campaign Watch". He noted these programs are devised to monitor campaigns and campaign practices. He stated that he will forward this information to the Clerk, to be copied and distributed to the Commissioners. (2) Attended the second meeting of the steering committee for the water quality district at noon today. He stated they are focusing on the .eXisting and potential impacts to water quality and ways to protect, preserve and improve water quality. He then indicated he will forward a list of the steering committee members and information from the Lewis and Clark water quality district as well as the Missoula water quality district to the Clerk, to be copied and distributed to the Commissioners. (9) City Attorney Luwe submitted the following. (1) Stated that staff will prepare an ordinance to implement the zone map amendment which the Commission approved earlier in this meeting. (2) Announced that Prosecutor Wordal filed an appeal with the Montana Supreme Court on a District Court dismissal of a DUI case, based on lack of a speedy trial. He noted the circumstances which delayed the setting of a trial date for an appeal of a DUI conviction from City Court to District Court, generally based on the workload in the District Court. He stated that following its review of the case, the Montana Supreme Court remanded the case back to District .ourt, indicating that lack of a speedy trial solely on the length of the delay without considering other factors is not a basis for dismissal. (10) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, noting there is no evening session but a rather lengthy afternoon session. 11-22-93 --- - ------- - __. - n_.._...._.__ ._.._n_~__.__._. ", - 8 - (11 ) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce submitted the following. (1) Announced that another meeting of the North 7th Avenue business owners has been scheduled for 4:30 p.m. on Tuesday at the Comfort Inn. She stated that Assistant City Manager Brey will be in attendance, and invited any interested Commissioners to _ttend as well. (2) Stated that alumni of the Leadership Bozeman program are organizing a meeting on Friday, December 10, at which time Mayor Swanson will present his "State of the City" address. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledge receiDt of reauest for annexation - Donald E. Hannah for Carter Williams and Sourdouah Creek PrODerties. owners - 147.23 acres located in the NE%. Section 25. T2S. R5E and the NW%. Section 30. T2S. R6E. MPM (east of South Third Avenue. south of Graf's Fourth. north of Goldenstein Lane): refer to staff Authorize City Manager to siqn - Storm Drainaae Detention Pond Outlet Ditch Channel Access Easement and Agreement - Anita Kristensen and E. Donalene O'Neill- 20 foot-wide Dermanent outlet channel easement (for Westgate Subdivision) . Building InsDection Division reDort for October 1993 Claims It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adjournment - 4:04 D.m. There being no further business to come before the Commission at this time, it was moved .y Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 11-22-93 -_.~-_. - .....-.--.-..- --. . . " - 9 - ATTEST: .V~ J ROBIN L. SULLIVAN Clerk of the Commission . . . 11-22-93