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HomeMy WebLinkAbout1993-02-08 ccm -.-.-...-.-.- - ..... -..-.-...- ..- - . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 8, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal Building, February 8, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, Acting City Manager Brey, 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 Mayor Swanson deferred action on the minutes of the regular meeting of February 1, 1993, for a period of one week. . Authorize absence of Commissioner Stiff from meeting It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission authorize the absence of Commissioner Stiff from this meeting in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Continued discussion - staff reDort re disDosition of future Vallev Unit SID assessments and notes receivable Acting City Manager Brey stated that, included in the packet, were a memo from .commissioner Stiff since he is unable to attend this meeting; a copy of the memo previously forwarded to the Commission from Administrative Services Director Gamradt, dated December 3; the spreadsheet prepared by the Director at Commission request; and copies of the minutes from previous meetings at which this item was discussed. In Commissioner Stiff's memo (which he had submitted because he was unexpectedly unable to attend this meeting) he indicated that he reviewed minutes from the mid-1980's, at 02-08-93 --..-... -.... -..-...-....--.-- ...----.-.---- . - 2 - which time the Commission decided to assess additional mills to support the SID Revolving Fund due to delinquent assessments in the Valley Unit Subdivision. He expressed his feeling that at some time in the future, those monies would be refunded to the taxpayers who paid those additional taxes; however, that concept is supported by neither the rest of the current _.commissioners nor the City administration. In the memo, the Commissioner forwarded his position that, before any of these monies are spent, it is imperative that the Attorney General's opinion on the Missoula County request be received and digested and that a determination be made of how any delinquencies on outstanding assessment may impact the SID Revolving Fund. He noted that any monies from this source of revenue should be used strictly for transportation projects which would benefit the entire community. Mayor Swanson provided a brief overview of the minutes from the meetings of December 7 and December 21, two of the meetings at which this item was previously discussed. He noted that at the December 7 meeting, the Commission voted to retire the outstanding SID bonds; and that process was completed as a part of the January 1 bond call. He noted that the second issue addressed at that meeting pertained to the anticipated positive cash flow of $1.7 to $1.8 million .from the payment of outstanding assessments and notes receivable from properties in the Valley Unit Subdivision over the next eight years. He stated that, after reviewing the four options set forth by the Administrative Services Director, a majority of the Commissioners indicated favor for using the monies to fund projects which will benefit the entire community and directed staff to prepare a proposed listing of projects that could be forwarded for public hearing. The Mayor requested that, following discussion, the Commission take formal action on this issue. At the Mayor's request, Administrative Services Director Gamradt noted the first three of the four options listed in his memo of December 3 pertain to physically giving money back to the taxpayers. He reviewed the four options contained in that memo, as follows: . 1. Make refunds through the reduction of future general fund mill levies. This could create a problem in the future, since the general fund levy may only be increased 5% each year. An alternative would be to lower the levies for the special revenue funds, which are not subject to the 5% rule, with monies then being transferred from the general fund to those specific funds to cover their operation costs. 2. Cash refunds on an annual basis as the assessments are received. 02-08-93 I - 3 - 3. Use the City's general fund cash flow to make partial refunds at this time, with proceeds from future assessments being used to repay the general fund. 4. Return the funds to the property taxpayers through city-wide capital public projects. The Director stated that during the previous discussions, the Commission concurred that . would be essentially impossible to return monies to the same people who paid the taxes. He stated that statistics reveal that three of four people leave the community within a five-year period. He noted that, based upon the fact that the additional mill levy was imposed seven years ago, the composition of the population was very different; and it will be different in another eight years, when the refunding process would be complete. He informed the Commission that, with changes in reappraisal of residential property occurring and the amount of new construction occurring, the prorata share of refund for each parcel would be extremely difficult to calculate. He explained that a person owning an $80,000 home would receive $200 over the next eight-year period while someone with a $400,000 home (which was likely constructed in the past couple of years) would receive approximately $1,000 over the next eight years. The Director summarized the first three options by characterizing any refund process as ."an administrative nightmare" that would take a considerable amount of staff time and result in extraordinary costs. The Administrative Services Director stated that, based on the above considerations, the Commissioners had previously concurred to pursue the fourth option, which involves uSing the monies received from assessments receivable and notes receivable for properties in the original Valley Unit Subdivision. He concluded that care must be taken to ensure that the projects funded through this mechanism benefit all of those in the community. Mayor Swanson noted that Mr. Walter Martel spoke at the December 21 meeting, and gave him an opportunity to address the Commission at this time. Mr. Walter Martel, former Commissioner and current Vice President of the Bozeman .roperty Owners' Association, reiterated his and the Association's position that the money should rightfully be returned to the taxpayers who contributed to the Valley Unit Subdivision SID's. He then took exception to the argument that 20 percent of the population turns over each year, suggesting that the percentage of changes in property ownership is considerably lower. He stated recognition for the assessment that to determine who the property taxpayer for each year would be extremely time consuming. He suggested, however, that a defensible alternative would be to 02-08-93 I . - 4 - return the monies to the current property owner at a date certain, who may then split that refund with the individual who owned the property at the time the assessments were levied. He noted that once the parcels have been identified and the property owners as of a certain date determined, the information could be loaded into the computer; and the issuance of refund checks each year .WOUld be a relatively easy task to accomplish. Mr. Martel explained that if the subdivision had not become a viable one, the taxpayers would be faced with additional assessments to cover the special improvement districts, rather than the Commission trying to determine how to expend what will now become excess funds. He emphasized the fact that these are not City funds--they are the taxpayers' monies. Responding to Mayor Swanson, Mr. Martel suggested that to avoid the inequities between refunds to the owner of a new $400,000 home and the owner of an older $80,000 home, it would probably be necessary to calculate refunds on an individual basis. He stated that the work he has proposed could be accomplished by clerical help, probably in two months. Further responding to Mayor Swanson, Mr. Martel stated that he feels returning any refunds to the current property owner would be legally defensible. He suggested that any legal .ntanglements which may occur will be between current property owners and former property owners, rather than involving the City. He stated that, after the initial list of current property owners as of a date certain has been developed, any changes in ownership over the next eight years could be incorporated into the list with little difficulty. Commissioner Frost stated that Mr. Martel's basic argument is one of fairness; however, he does not believe that refunding monies to current property owners is fair. He stated that he feels the only truly equitable way to refund monies would be to return them to the individuals who paid the property taxes; and he recognizes the costs that would be incurred in such an involved administrative process. Mr. Walt Martel responded by concurring that the process outlined by Director Gamradt .W~Uld, indeed, be prohibitive. He stated, however, that he feels his proposal would be less cumbersome while essentially providing the same result. Commissioner Frost reiterated his position that he does not believe people who have just recently purchased homes in the City should reap the benefit of a windfall that occurred as a result of the City's selling lots in the Valley Unit Subdivision, particularly when one views the issue from the perspective of fairness. 02-08-93 - 5 - Responding to questions from Commissioner Frost, Administrative Services Director Gamradt stated that reappraisals in recent years have applied only to residential properties, while the commercial valuations did not change. He indicated that special assessment notices for approximately 6,500 properties are mailed each year. He explained that when property is sold, the .taxes for that year are pro-rated at closing. He stated that to be totally equitable, any refund of monies would need to be subjected to that same pro-rata share. Responding to Commissioner Knapp, the Director provided a history of the special assessment for the original Valley Unit Subdivision, beginning in 1985. He noted that at that time, the County had the ability to sell property for delinquent taxes or assessments; but the City was not afforded that ability. He stated that through legislative change, the City was given that ability along with a change in the redemption period from 36 months to 18 months on vacant parcels. He stated that, as a result of that change, in 1989, the City began to sell selected lots at auction sale. He noted that, because of the real estate market at that time, sales were very slow; and it appeared that the process would become an extended one. He stated that in 1991, the market suddenly turned around; and the City was able to complete the sale of lots in 1992. He noted that .Iacing those lots in individual ownerships helps to ensure that the delinquencies previously faced will not occur again. The Director indicated that the City is also carrying promissory notes on many of the lots that were sold at auction sale. He stated that the maximum period for those notes is five years; and most of them have a much shorter redemption time. He noted that the special assessments for the properties in the subdivision have eight years remaining, unless they have been paid off. Further responding to Commissioner Knapp, the Director stated that if the City had not been able to obtain the necessary legislative change and sell the properties as quickly as it did, the special improvement districts would still be in a deficit position; and the City would be levying a special mill levy to cover the costs of redeeming the bonds. Responding to Mayor Swanson, Director Gamradt stated that if the Commissioners could eget the money back to the same people who paid it, they would probably support that as their top option. He noted, however, that given the difficulties with implementing that option in a totally fair and equitable manner, they have individually determined that the option of selecting capital /1.. - projects which benefit the entire community is the most fair and equitable to the majority of the taxpayers. 02-08-93 -----..----- ._ . _..___u___ ---_.._--~._._.._- - 6 - Responding to Mayor Swanson, City Attorney Luwe stated his concern that any difference in treatment of former taxpayers could generate potential legal problems. He noted that Alaska did give some tax refunds back; however, he is not sure what mechanism was utilized for that refund. Responding to Mayor Swanson, each of the Commissioners reaffirmed their support for .funding of capital projects. Commissioner Vincent stated he has carefully considered the various options himself as well as talked to people in the community. He noted that when individuals found out that the refund process is rather involved, instead of relatively simplistic, almost everyone concurred that funding of projects would be the most equitable manner of returning the monies to the taxpayers. He noted that twenty years ago, the option proposed by Mr. Martel and Commissioner Stiff would probably have been more feasible; however, it does not seem a viable alternative today. He stated that, while his real preference is to return the monies to those who paid it, he understands the complications and, therefore, supports the use of monies for capital projects which benefit the entire community. He further noted that the dollars per parcel is small, particularly when spread over an eight-year period. . Commissioner Vincent addressed the issue of equity in refunding the monies. He noted the current sales tax bill before the Legislature. He added that in the section pertaining to property tax relief, there is a provision that allows non-property owners to receive a rebate on the basis that they have been paying property taxes through their rents and leases. He noted that this same type of provision has now been recognized by both political parties; and such recognition could dramatically compound the equity issue. He expressed concern that a class action suit might be filed if a refund mechanism were utilized; and that is a complication he would prefer to avoid. Commissioner Knapp stated her definite support for utilizing the monies for capital projects. She suggested that many of the proposed projects contained in the spreadsheet previously submitted to the Commission have been deferred because of the City's obligation to pay . toward the Valley Unit Subdivision SID's and because of the 1-105 limitations. She stated that she feels that the actual list of projects to be funded through this source cannot be developed until after public input has been received. Commissioner Frost stated the strongest argument against funding of projects has been that the City needs to give the money back to the taxpayers in a fair manner. He noted that to do so would generate a bureaucracy; and that would be of benefit to no one. He forwarded his 02-08-93 ---.--.---- - ---- -..-.---..-----. - 7 - support for funding of projects, stating he feels it is the most equitable way to address the issue. The Commissioner added it is very fortunate for the City that the Valley Unit situation turned out as it has; and he feels that the community as a whole deserves to reap the benefit. Mayor Swanson addressed some of the points raised in Commissioner Stiff's memo, .beginning with the issue of ensuring that any monies from this source used for capital projects be spent on transportation improvements. He noted that the proposed listing of projects submitted to the Commission by staff reflects 70 percent for transportation and 30 percent for other projects. He concurred with Commissioner Knapp that the percentages of monies spent on various types of projects should be subject to public input. He then stated that he feels the AG opinion for Missoula County needs to be considered and addressed; however, now is not the appropriate time. Responding to Commissioner Frost, City Attorney Luwe stated it is appropriate to conduct a public hearing on the proposed list of projects, noting that the designation as a public hearing simply indicates that the Commission will be accepting public input on the issue. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the disposition of funds from assessments receivable and notes receivable on properties located in the .original Valley Unit Subdivision be devoted to capital projects as determined following a public hearing scheduled for 7:00 p.m. on Monday, February 22, 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Year-end activity report for code enforcement, dated December 22, 1992, as prepared by Code Compliance Officer Roy Beall. . The Acting City Manager noted that, attached to the report, is a memo from the Code Compliance Officer, dated January 27, forwarding an enforcement program outline and seeking Commission endorsement of that program. He suggested that this item be placed on next week's agenda for consideration. (2) The 1992 Annual Report for the Police Department, as submitted by Chief of Police Boyer. 02-08-93 - 8 - Mayor Swanson requested that the Chief of Police be asked to attend next week's Commission meeting to provide a verbal report, particularly in light of the fact that some of the statistics have increased. (3) Memo from Associate Planner Arkell, dated January 29, regarding the public .hearing conducted by the HRDC for the HOME application, and encouraging the Commission to direct the new grantwriter to begin preparing a HOME grant application for next year's funds as soon as possible. (4) A packet of information forwarded by Clerk of the Commission Sullivan, including all of the written testimony which was received during last week's public hearing on the transportation plan. The Clerk reminded the Commissioners that written testimony from the public is being accepted through 5:00 p.m. on Wednesday, February 10. She asked that the Commissioners forward any of their concerns or comments to staff by that date also, so they can be addressed during staff review. (5) Letters from Kelly Stone, 426 West College Street; Mary Ann Childs, 705 South .5th Avenue; Michael and Laurie Vincent, 617 South 5th Avenue; David and Jeanette Cherry, 503 West College Street; Susan Penner and Clarke T. Baldwin, III, 719 South 3rd Avenue; and Robert and Leslie Rydell, 622 South Grand Avenue, encouraging the Commission to replace the playground equipment which has been removed from the Southside Park. (6) Memo from the Clerk forwarding comments received in a recent telephone call from a resident in the 1100 block of South Black Avenue, in which the lady complemented the City's crews for timely response to a request for snow removal. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 9, at the Carnegie Building. (8) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, February 9, at the Carnegie Building. . (9) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Wednesday, February 10, at the Public Library. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, Fe~~uary 9, along with daily minutes for the week of January 25. 02-08-93 - 9 - (11 ) Notice for the Chamber of Commerce Government Affairs Committee meeting to be held at 7:30 a.m. on Thursday, February 11, at the Chamber of Commerce office. ( 12) Memo from Kathy Ball, Chair of the Sculpture Committee, forwarding a status report on their project and asking for Commission input. . Clerk of the Commission Sullivan indicated that Mrs. Ball has several questions to which she would like Commission response. Commissioner Knapp stated that the sculpture is to be funded through private donations and grants obtained by the Beautification Committee; and she suggested that they be encouraged to make the final decision. Mayor Swanson asked Acting City Manager Brey to prepare a written response to the questions raised, with that response to be considered by the Commission under Consent Items at next week's meeting. (13) Copy of the prioritized goals by department for Fiscal Year 1992-1993. The Clerk of the Commission noted that this listing is being provided to the Commission in anticipation of the upcoming goal setting process. She stated that staff has been asked to .forward their goals for the upcoming year by March 1 and asked that the Commissioners submit their initial listing of goals to her office by Commission meeting time on Monday, March 1, as well. (14) Letter from the Gallatin County Prevention Coalition, dated February 5, introducing the new staff members in that organization. (15) The Acting City Manager submitted his weekly report, as follows. (1) Attended the meeting at the Legislature on Wednesday, which included a general session as well as hearings on three of the subdivision bills. (2) Noted that the deadline for the grantwriter and neighborhood coordinator positions was Friday; and over twenty applications were received for the positions. (3) Announced that on Tuesday, February 16, the municipal personnel directors for Class I cities will meet in Bozeman; and the City's new personnel director will be in attendance at that meeting. .141 Met with the Parking Commission on Thursday regarding the transportation plan and long-range downtown parking concerns. (16) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting on Tuesday evening, at which they did some preliminary goal setting discussions. (2) Testified on HB242 on Wednesday. (3) Attended the Park and Recreation Board meeting on Tuesday evening. (4) Attended the Parking Commission meeting on Thursday morning. 02-08-93 -..-.--..--- -.-.--..-.- -. - 10 - (17) Commissioner Vincent stated he will ask the Clerk of the Commission to make copies of a paper entitled "The Montana Sales Tax: A Historical, Economic and Political Analysis", dated January 1, 1992, as prepared by Mike Kadas. He noted that this paper was prepared as a senior paper and provides a good history of the sales tax issue in Montana. . ( 18) City Attorney Luwe submitted the following. (1) Announced that he and the City Manager attended an MMIA meeting in Helena on Wednesday evening, Thursday and Friday. He announced that he is a member of the Claims Settlement Committee for MMIA and has just been appointed to the Legal Services Committee. (2) Indicated that he testified in support of HB301, which changes the limit on penalties for violation of City ordinances to $1,000 from the current $500 limit, to meet federal mandates under EPA regulations. (3) Announced that last Friday, Judge Hatfield dismissed two counts in Alston versus the City. He noted those include the civil rights claim and equal protection claim; and the remaining counts may be refiled in State court within one year. (19) Clerk of the Commission Sullivan noted that the agenda for next week's meeting, which is being held on Tuesday, is light and asked if there are any items which the Commission .WOUld like to discuss. Commissioner Knapp noted that the centennial activities for Montana State University, which many of the Commissioners wish to attend, begin at 4:00 p.m. next Tuesday. Mayor Swanson requested that the agenda for the meeting be kept extremely light so that those wishing to attend the centennial activities will be free to do so. (20) The Clerk of the Commission then submitted the following. (1) Reviewed the public hearing schedule for the February 22 meeting, which includes a variance requested by Wal- Mart and the hearing on the possible list of projects to be funded through payment of Valley Unit assessments and notes receivable. (2) Announced that at 7:37 a.m. on Friday mornings, she gives a brief overview of the upcoming agenda on KMMS radio, and covers any other pertinent topics. .She noted that this is in an effort to address comments and concerns that the public does not know what is upcoming on the agenda for the following week. (3) Announced that she has filed for one of the director positions for Region VIII of the International Institute of Municipal Clerks. She stated that selection of a director will occur during the international conference, which is held the end of May. 02-08-93 ~"".. - 11 - (21 ) Mayor Swanson provided a brief overview of the various subdivision bills being considered by the Legislature during this session. He noted the concern that has been voiced about the percentage of subdivisions that are not reviewed under the 20-acre exemption, occasional sale and family conveyance provisions of the current subdivision regulations. He reviewed concerns .expressed by local governments and environmentalists as well as developers and realtors regarding HB408, noted that that bill seems to address most of the issues which concern those groups. The Mayor distributed an information sheet showing the number of subdivisions reviewed in the City-County Planning Board jurisdiction over the past ten years, noting that 117 subdivision applications have been reviewed, with only three being denied. He added that on those three denials, no lawsuits have been filed, nor any Attorney General's opinion sought. He noted the importance of retaining local government review authority as well as the public interest criteria currently included in the statute, to ensure that appropriate review of this type of application may continue. Acting City Manager Brey stated that in Bozeman, because of the zoning regulations in place, there is little abuse of the exemption provision under the subdivision regulations. He noted, .owever, that the County does incur that type of abuse in the area outside the City's zoning jurisdiction. Mayor Swanson indicated his opposition to the subdivision bill i ntrod uced by Representative Gilbert. City Attorney Luwe noted that in Representative Gilbert's bill, there is a provision for removal of immunity for legislative decisions pertaining to zoning. He cautioned that if that bill passes, it could dramatically impact cities and towns and the elected officials. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. . Request for oermission to conduct Walk-A- Thon to benefit Helo Center - Gallatin Council. Inc. - Sunday. May 2. 1993 - begin at Boaert Park. alona linear park to Willson. to Mendenhall. to Grand. to Peach. to Church. and along Church. to end at Bogert Park: limited to sidewalks and walkways only Acknowledae receipt of oetition for creation of a Soecial ImDroyement District for oavina in Westfield Subdivision. Phase III: refer to staff Acknowledge receiDt of reauest for annexation - TMA Technoloaies. Inc. for ConAara. Inc. - 13.4274 acres at Story Mill Road & Hillside Lane: refer to staff 02-08-93 - 12 - Deviation - allow moving of a second free-standina single-family residence onto existing lot - Tom Cox. 310 East Koch Street Authorize Mayor to sian - letter of SUDDort for aDDlication for HOME grant as beina submitted by Human Resource DeveloDment Council Authorize City Manager to sian - Change Order No. 1 - North 19th/I-90 Sewer Relocation - Bozeman Sand & Gravel - Drovide for two modifications in Droiect: no change in original contract amount or contract time . It was moved by Commissioner Knapp, seconded by Commissioner Frost, 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 Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. Recess - 4:55 D.m. Mayor Swanson declared a recess at 4:55 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. . Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Continued Dublic hearing - zone maD chanae from R-3 and R-4 to R-O - Roy V. and Vera M. Wiegand - Lots 8 and 9. Block 3. Kirk's Subdivision (north side of West Dickerson between South 19th and South 20th) and Lots 1. 2 and 3. Block 4. Kirk's Subdivision and Assessor's Tract W (south side of West Dickerson between South 19th and South 20th) and 625 South 19th Avenue (Z-92144) This was the time and place set for the continued public hearing on the zone map change from R-3, Residential--Medium-density, and R-4, Residential--High-density, to R-O, Residential-- Office, requested by Roy V. and Vera M. Wiegand, under Application No. Z-92144, for Lots 1, 2 and 3, Block 4, Kirk's Subdivision and Assessor's Tract W; and 625 South 19th Avenue. The .subject property is more commonly located along the north and south sides of West Dickerson between South 19th and South 20th Avenue. Mayor Swanson reopened the continued public hearing. Associate Planner Kevin Wall presented the staff report. He reviewed the differences and similarities of R-3, R-4 and R-O zoning, In the R-3 zoning district, single-family through fourplex residential units are permitted uses. In the R-4 zoning district, in addition to those uses allowed 02-08-93 - 13 - in the R-3 district, apartments and offices are allowed as conditional uses. The R-Q zoning district is essentially oriented toward offices and medical offices, with apartments being allowed on other than the ground floor, and multi-family structures and apartments being allowed as conditional uses. He indicated that setbacks, lot sizes and height restrictions are essentially the same for all .three zoning districts. He explained that under the R-Q zoning designation, 60 percent of the lot may be covered, as long as the traffic generated does not exceed a level that 40 percent lot coverage as a residential use would generate. Planner Wall reviewed the surrounding land uses, noting that to the north and slightly northwest is multi-family with a sprinkling of single-family; further to the northwest is R-Q zoning, with multi-family and office building development; to the southwest is multi-family residential; to the south is single-family; and to the east is offices. Planner Wall stated that the staff has reviewed this zone map change application in light of the twelve criteria mandated by State law; and the staff responses to each of those criteria are set forth in the staff report. He briefly highlighted those, noting that the proposed change really generates little to no change from what could be expected if the lots were fully developed under .their current zoning designations. He noted, however, that the master plan designates this area as urban residential infill; and R-Q zoning is essentially commercial oriented. He noted that for commercial activity to occur within a residential designation, it must be of a scale that is compatible with residential and it must occur at the intersection of two arterials or an arterial and a collector. He added that this property does not meet the last requirement, since it is at the intersection of an arterial and a local street. Associate Planner Wall stated that the character of the area must be considered when reviewing a requested zone change. He indicated that staff has identified four reasons that this request does not address that issue, noting that South 19th Avenue creates a definitive buffer between commercial and residential development. He stated that this proposed change would impact the residential development surrounding the site; and it would resemble spot zoning. He .stated that staff has also identified a concern that approving this application would set a precedent for development in that immediate area and would eliminate what is now an effective buffer. Associate Planner Wall concluded his report by forwarding the staff's recommendation for denial. He stated that the City-County Planning Board, after conducting its public hearing at the January 20 meeting, forwarded its recommendation for denial as well. 02-08-93 --. ----- ---.-- - 14- Mr. Roy Wiegand, applicant, indicated that the subject site includes 3% acres. He noted that the R-4 zoned property is divided into three lots which are 80 feet wide and a half block long plus a 15-foot by 316.8-foot correction lot. He noted that the odd-shaped lot is completely covered by 40 to 50-foot tall evergreen trees. He indicated that at the present time, the site is .vacant except for his single-family residence; and it provides a nice green, open space along this corridor. He indicated that he purchased the first portion of this property in 1948, constructed his home in 1949, and purchased the remainder of his property in 1958. Mr. Wiegand stated that at the present time, property along the west side of North 19th Avenue and along North 20th Avenue is zoned residential; however, on both sides, the property is zoned R-O. He indicated that he has no immediate plans for development; however, he suggested that R-O zoning would allow for development that would be more in keeping with the area. Mr. Wiegand stated his desire to see only single-story buildings on the subject site, stating he feels the City has already seen problems from structures being built too high. He noted that he still wants to be able to enjoy the scenery of the Bridger Mountains from his single-story residence .when the area around him is developed. He indicated that he does not want to have his property develop with fourplexes, stating he feels the area is already flooded with such structures. Mr. Wiegand stated that his neighbor to the south supports his proposal and, in fact, indicated that he should possibly have included his property in the request. He indicated that the lady who owns the property across the street does not have a problem with his proposed rezoning. He stated that if this application is not successful, his property will remain vacant. Responding to Commissioner Vincent, Planner Wall stated that the Zone Map Change from R-3 to R-O which was approved by the Commission last year was on property located between West Babcock Street and West Olive Street along the west side of North 19th Avenue; and it met the criteria of lying at the intersection of a collector and an arterial. . Further responding to Commissioner Vincent. the Planner stated that to develop the subject site with offices, the applicant would be required to utilized the planned unit development process; and the master plan guidelines for siting of commercial uses in a residential area must still be met. Mr. Wiegand noted the office buildings which have been built on the east side of South 19th Avenue at West Dickerson Street. He indicated that Dickerson, although designated as a local 02-08-93 -.--- - 15 - street, has a substantial amount of traffic. He explained that Dickerson ends at the Law and Justice Center on the east, and curves around into South 22nd Avenue on the west. He suggested that its character is changing with traffic patterns which place more traffic on the street. Mr. Scott Heck, 700 Dell Place, stated he owns the Security Title building at 600 South .19th Avenue. He indicated his support for the proposed zone change, stating he feels it would provide for appropriate development of the property. He noted the existing development as one travels west along West Dickerson, which includes an office building, the Southbrook Condominiums and then more office and commercial development. He also noted the Tech Park, which is located south of the subject site. He indicated that he does not feel that this change would represent spot zoning; rather, it would provide for a natural extension of the current development trend in the area. No one was present to speak in opposition to the requested zone map change. Responding to Mayor Swanson, Associate Planner Wall stated that, even if the lots between the subject property and West College Street were included in this requested zone map change, he does not believe that staff could support the change of zoning north of West Dickerson .Street because it is too far from the intersection. He indicated that, because of its curvilinear design, he does not anticipate that West Dickerson Street will be upgraded to a collector street status any time in the near future. Responding to Commissioner Frost, Planner Wall stated he does not believe that the decision on this application would establish an undesirable precedent for future development along North 19th Avenue. He noted the differences between South 19th Avenue and North 19th Avenue, and the amount of undeveloped property along the north portion of the roadway which must be protected to ensure that strip commercial development is avoided. In response to questions from Commissioners, the Planner carefully reviewed once again the differences between the R-3, R-4 and R-Q zoning designations. . It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. 02-08-93 - - .-..-- ._.....u.. ..__._ . _.u....__..._._._ . - 16 - It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the customary one-week waiting period for land use decisions not be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. -deCiSion. Mayor Swanson requested that this item be placed on the February 22 agenda for a Break - 7:40 to 7:47 D.m. Mayor Swanson declared a break from 7:40 p.m. to 7:47 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued public hearina - zone maD chanae from R-S to R-2 - Sourdough Creek ProDerties and Carter Williams - 51.8 acres located in the SE% of Section 24 and the NE% of Section 25. T2S. R5E. MPM (south of Westfield Subdivision. east of South Third Avenue and west of Waaon Wheel Road) (Z-92148) This was the time and place set for the continued public hearing on the zone map change .from R-S, Residential--Suburban Country Estates, to R-2, Residential--Single-family, Medium- density, requested by Sourdough Creek Properties and Carter Williams under Application No. Z-92148 on 51.8 acres located in the Southeast one-quarter of Section 24 and the Northeast one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located south of Westfield Subdivision, east of 3rd Avenue and west of Wagon Wheel Road. Mayor Swanson reopened the continued public hearing. Associate Planner Debbie Arkell presented the staff report. She stated that the subject parcel is surrounded by R-1 zoning to the north, R-S zoning to the east and south, and A-S to the west. She reminded the Commission that in June 1992, after following appropriate legal procedures, the City annexed the subject 51.S-acre tract; and attendant with annexation is the .equirement that the zoning be brought into compliance with the master plan land use designation. She stated that, in response to that requirement, the applicant filed an application for R-2 zoning, which is in compliance with the master plan designation of urban residential infill. She noted that under this designation, the minimum lot size is 7,000 square feet. The Associate Planner stated that at its meeting of January 20, the City-County Planning Board conducted a public hearing on this requested zone map change. She stated that at that 02-08-93 ----------------- ---------- -- . - 17 - meeting, ten people testified against the proposed R-2 rezoning; three letters of opposition were introduced into the record; and two petitions containing approximately 137 signatures were submitted. The Planner stated that staff has forwarded its written report, in which each of the twelve .criteria established by State statute were listed along with staff responses. She briefly highlighted those staff findings, indicating that staff found the requested R-2 zoning generally complied with the twelve criteria and, therefore, recommended approval of the requested rezoning. She stated that, after receiving the staff report, the Planning Board received considerable public input in which concern was raised about the traffic that would be generated and the density of residential development that would be allowed under the R-2 zoning. She explained that, given minimum lot sizes, approximately 600 residences could be constructed under the requested R-2 zoning while approximately 400 residences could be constructed under an R-1 zoning designation. Planner Arkell stated that, based on concerns about the traffic and density of development, the Planning Board sought a zone which would allow a lesser density more suitable for the subject site. She assured the Commission that after considerable discussion, the Planning .Board concurred that the R-1 zoning, with a minimum lot size of 10,000 square feet, would be more compatible with the surrounding area than the requested R-2 zoning. She noted that the Planning Board voted to forward a recommendation to the Commission that the requested R-2 zoning be denied but that an R-1 zoning be approved. Associate Planner Arkell forwarded to the Commission a letter from Mr. James A. Cummings, Thomas, Dean and Hoskins, consulting engineer representing Mr. Carter Williams and Sourdough Creek Properties, dated January 26, 1993. She noted that in that letter, he requests that the Commission act on the Planning Board's recommendation and forwards the applicant's support for that zoning designation in lieu of the initially requested R-2 zoning. Mr. David Crawford, Thomas, Dean and Hoskins, stated that Associate Planner Arkell has .forwarded the facts of this application and summarized the Planning Board's action very well. He asked the Commission to approve the rezoning of this property to R-1. Responding to Commissioner Knapp, Planner Arkell stated that since the zoning recommended by the Planning Board is less intense than the zoning requested by the applicant and upon which the staff report is based, the Commission can appropriately act upon the Board's recommendation following this public hearing. 02-08-93 . - 18 - City Attorney Luwe concurred, noting that has been the process utilized by the Commission for quite some time. Commissioner Knapp asked if there are any other urban density residential zones that could be considered for this property. . Associate Planner Arkell stated that R-1 is the least dense urban density residential zoning district available. She noted it is not economically feasible to create one-acre lots inside city limits and then tie them onto City water and sewer services. Responding to Mayor Swanson, the Planner explained that many of the issues pertaining to protecting the streetscape of Wagon Wheel Road and the density of development are more appropriately addressed during subdivision review. At Commissioner Vincent's request, Associate Planner Arkell reviewed the chronology of the application. She noted that after notice of the pUblic hearings on the requested rezoning from R-S to R-2 was published, residents of the Wagon Wheel area contacted her office, expressing strong concern about the proposed R-2 zoning. She stated that, based on those concerns, the neighborhood banded together to forward a concerted effort to seek an R-1 zoning instead, since .it would create larger lots and, therefore, less impacts on the existing neighborhood. She stated that, following an organized presentation by the neighbors, the Planning Board, at its January 20 meeting, voted to deny the requested change to R-2 and approve a zoning change to R-1. She stated that on January 26, the applicant's representative forwarded a letter to the Planning Office indicating that the applicant is supportive of the recommended R-1 zoning, and encouraging the Commission to approve the Board's recommendation. Mr. Bob Utzinger, 3402 Wagon Wheel Road, stated he had submitted the petition opposing R-2 zoning and encouraging R-1 zoning instead. He noted his desire to see the entire 51.8 acres platted and planned as a unit, rather than on a piecemeal basis. He stated he feels that questions and concerns that residents in the area have about development of the site will be .addressed during subdivision review, or review of a planned unit development application if the applicant chooses that option. Ms. Martha Lonner, 3602 Good Medicine Way, asked about the possibility of more dense development being allowed on the subject site that is more dense than the R-1 zoning would typically allow. She also asked if the residents in the immediate area will be notified as development of the site starts to take place or if they will be required to watch the newspaper. 02-08-93 . - 19 - Ms. Ann Milner, 3330 Sundance Drive, noted the preference of the residents in the area to see R-S zoning remain, although she understands the argument that such zoning is not economically feasible since tying onto City services is required. She expressed concern about the possibility of a planned unit development overturning all of their efforts to get an urban zoning . designation that would minimize any impact on existing development. She asked what policy or requirement is in place which requires urban density zoning and whether it is mandatory. Mr. Art Barbiche, 3408 Wagon Wheel Road, asked if it is possible to establish an R-1 zoning designation which requires a minimum one-acre lot size rather than allowing four to six units per acre. He also asked about the possibility of requiring larger lots along the Wagon Wheel Road frontage. No one was present to speak in opposition to the proposed zone map change to R-1. Mr. Dave Crawford responded to some of the questions and concerns raised above. He stated that he does not know what the developer's plans are; therefore, he cannot respond to whether a planned unit development approach will be considered. Mr. Crawford stated that R-1 zoning is the lowest urban density zone available; and his .client has agreed that such zoning is appropriate for the subject property. Associate Planner Debbie Arkell stated that in the request for annexation, the developer set forth an anticipated time of development. She noted that, historically, Mr. Williams has allowed the market to dictate when he will proceed with development of an area. She stated that the issue of larger lots was discussed extensively before the Planning Board, reiterating that the minmum lot size in the R-1 zoning district is 10,000 square feet. She suggested that during review of development plans, it may be beneficial to consider encouraging larger lot sizes along the Wagon Wheel Road frontage, with the possibility of more dense development in the interior of the site. The Associate Planner stated that if the developer pursues the planned unit development process, all property owners within 400 feet of all borders of the property will receive a copy of .the notice of public hearing in the mail; the property will be posted; and the notice will be published in the newspaper. She indicated that if the standard subdivision process is utilized, those who have property adjoining the subject parcel (exclusive of streets) will receive a notice in the mail; and the notice will be published in the newspaper. Associate Planner Arkell stated that the determination that urban density zoning is required for all annexed properties has been made by the Planning office. She noted that this allows for 02-08-93 . , - 20- appropriate and feasible development within the city limits and the water and sewer service districts. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being .ommissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. The Commissioners commended the neighborhood for becoming involved and helping to ensure that the most appropriate zoning for the area is being considered. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the zone map change from R-S, Residential--Suburban Country Estates, to .-1, Residential--Single-family, Low-density, as recommended by the City-County Planning Board and concurred with by the applicants, Sourdough Creek Properties and Carter Williams, on 51.8 acres located in the Southeast one-quarter of Section 24 and the Northeast one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adjournment - 8:29 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The . motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. A TrEST: {J~;/J/~ ROBIN L. SULLIVAN Clerk of the Commission 02-08-93 "' .. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 16, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 16, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Acting City Manager Brey, 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 - Februarv 1 and Februarv 8. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meetings of February 1 and February 8, 1993, be approved as amended. The motion .arried 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. Ordinance No. 1361 - zone maD chanae - R-S to R-1 - 51.8 acres located in the SE% of Section 24 and the NE% of Section 25. T2S. R5E. MPM (south of Westfield Subdivision. east of South Third Avenue and west of Wagon Wheel Road) Acting City Manager Brey presented Ordinance No. 1361, as prepared by the City Attorney, entitled: ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-S" (RESIDENTIAL--SUBURBAN) TO AN "R-1" (RESI DENTIAL--SING LE- . FAMIL Y. LOW-DENSITY) ON 51.8 ACRES LOCATED IN THE SOUTHEAST % OF SECTION 24, AND THE NORTHEAST % OF SECTION 25, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY MONTANA. Acting City Manager Brey reminded the Commission that at last week's meeting, they conducted the public hearing and approved the zone map change. He noted that this ordinance formalizes that decision and recommended that it be provisionally adopted. 02-16-93 I( - 2 - It was moved by Commissioner Stiff, seconded by Commissioner Vincent that the Commission provisionally adopt Ordinance No. 1361, amending the zoning from R-S, Residential-- Suburban Country Estates, to R-1, Residential--Single-family, Medium-Density on 51.8 acres located in the Southeast one-quarter of Section 24, and the Northeast one-quarter of Section 25, .TownshiP 2 South, Range 5 East, Montana Principal Meridian, and that it be brought back in two weeks for final adoption. 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. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Letter from Fred Cheney, Public Education Director of the Bozeman Fire Department, dated February 10, 1993, regarding the Public Fire Education Program in Gallatin County. . (2) Letter from Richard M. Shanahan, dated February 10, 1993, withdrawing the applications for annexation and zone change requested by TMA Technologies, Inc. (3) Copy of a letter from the Department of Health and Environmental Sciences, dated February 10, to Street/Sanitation Superintendent Roger Sicz, summarizing the inspection of the landfill operation, indicating no violations, and acknowledging the well-maintained facility. (4) Notification from the County that there is no public meeting on February 16 or 23, along with daily minutes for the week of February 1. (5) Letter of resignation from the Design Review Board submitted by Jerry Bancroft, dated February 7, 1993. (6) Copies of the written public testimony on the transportation plan which was _eceived prior to the cut-off date. (7) Agenda for the City-County Planning Board meeting to be held Tuesday, February 16 at 7:00 p.m. in the Commission Room at City Hall. (8) Agenda for the Development Review Committee to be held on Wednesday, February 17 at 10:00 a.m. in the Carnegie Building. 02-16-93 --. -.. -.- , - 3 - (9) Agenda for the Design Review Board meeting to be held on Wednesday, February 17 at 4:00 p.m. in the Carnegie Building. (10) Acting City Manager Brey submitted his weekly report by stating that he had received a fax just before the meeting. He indicated that he has been notified by the Department ef Fish, Wildlife and Parks, that the City was successful in its application for Land and Water Conservation Fund monies in the amount of $50,000 toward purchase of the Burke property. (11 ) Commissioner Knapp stated she is looking forward to the afternoon's activities for the MSU Centenniak She stated that she has already attended the luncheon for the candidates for honorary degrees, noting that she is impressed with those individuals. (12) City Attorney Luwe presented the following items: (1 ) Noted that oral arguments were held before the Montana Supreme Court in the Story case last Thursday, estimating that it will be 30 to 60 days before the opinion is issued. (2) Announced that the City has receive a dismissal with prejudice in the Nichols case, which was an appeal of a Police Commission decision. He noted that by his handling the case in house, the City has been spared the insurance deductible expenses. . (13) Clerk of the Commission Sullivan reminded the Commission that next week's agenda has two public hearings--one on a variance for the Wal-Mart lights and the other on disposition of the monies from assessments receivable and notes receivable on properties in the original Valley Unit Subdivision. (14) Mayor Swanson stated that he attended the Gallatin Development Corporation's annual meeting. He noted the excellent presentation by Steve Barrett, C.E.O. for Video Lottery Consultants; and the presentation from a young man who wishes to move his business from the New York area to the Gallatin Valley. Consent Items . Acting City Manager Brey presented to the Commission the following Consent Items. Aoorove staff memo forwarding resoonse to Sculpture Selection Com- mittee re orocess for selection of sculoture for North 7th Avenue Sculoture Park Buildina Insoection Division Reoort for Januarv 1993 Claims 02-16-93 --".------.--.-- . - 4 - It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp, Commissioner Frost, Commissioner .tiff and Mayor Swanson; those voting No, none. Adjournment - 3:37 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. .TTEST: ()~ ~/~ ROBIN L. SULLIVAN Clerk of the Commission . 02-16-93