Loading...
HomeMy WebLinkAbout1992-03-02 ccm .... .~:.. ! . y' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA March 2. 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, -~- Municipal Building, March 2, 1992, 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. Minutes - February 18 and Februarv 24. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of February 18, 1992, be approved as amended. 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. . Mayor Swanson deferred action on the minutes for the regular meeting of February 24, 1992 for a period of one week. Decision - Conditional Use Permit - Mark Duffy - allow develoDment of a Driyate heliDort. as a personal use airfield. on Tract 1. COS No. 748A. located in the SE1/4. Section 16. T2S. R6E. MPM (350 Canary Lane) This was the time and place set for the decision on the conditional use permit requested by Mark Duffy to allow development of a private heliport, as a personal use airfield, on Tract 1, Certificate of Survey No. 748A, located in the southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The subject site is more commonly known as 350 Canary Lane. e City Manager Wysocki reminded the Commission that they had conducted the public "'.. hearing on this application at their meeting of February 18 and delayed their decision to this time. He then reminded the Commission that in their packet was a memo from City Attorney Paul Luwe, dated February 28, 1992, regarding information submitted during the public hearing, along with information which had previously been submitted to the Commission. He reminded the Commission that a substantial amount of testimony has been submitted, both in support of and in opposition 03-02-92 , "1'1 1" f t ,.j - 2 - to this application; information and technical reports have been submitted by the applicant; the staff report and the minutes of the Planning Board meeting have been included in the information provided to the Commission; and the Commissioners have had an opportunity to individually view a tape which the applicant had shown at the Planning Board meeting. City Attorney Luwe reminded the Commissioners that in making their decision, they must .utilize the six criteria which are set forth in Section 18.53.030 of the Bozeman Municipal Code when evaluating the evidence received in the public hearing. Commissioner Frost noted a couple typographical errors in the City Attorney's memo, noting that they do not impact the information forwarded in that memo; the City Attorney concurred. Commissioner Stiff stated that, based on the six criteria in the zone code, he cannot support this application. Commissioner Knapp noted that the conditional use process is a process to test whether a project, with conditions, can meet the standards of the proposed location. She stated that, based on the testimony and evidence presented, she finds that the heliport is not compatible and .appropriate at the specified site. Commissioner Vincent stated he must find against the proposed heliport on the basis of the six criteria set forth in the zone code. Commissioner Frost stated concurrence with Commissioner Vincent's comments. Mayor Swanson stated concurrence with the above comments, noting that Criteria No. D requires conformance with the Bozeman Area Master Plan. He noted those criteria specifically stipulate that a commerical activity in a residential area must be at the intersection of arterials or an arterial and a collector; and this proposed site is not. He also stated he does not feel the scale of the proposal is in line or compatible with the scale of the neighborhood. He stated that after a review of the staff report and the other documents received by the Commission, he has major concerns about fire protection and possible impact on property values. The Mayor then stated that, .oased on those facts, he will vote for denial of this application. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission deny the application for conditional use permit requested by Mark Duffy, under Application No. Z-91138, to allow development of a private heliport, as a personal use airfield, on Tract 1, Certificate of Survey No. 748A, located in the southeast one-quarter of Section 16, 03-02-92 '. - - 3 - ~ Township 2 South, Range 6 East, Montana Principal Meridian, based on the finding that the application does not comply with the six criteria set forth in Section 18.53.030 of the Bozeman area zoning code. 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 - design obiective Dlans for entrvwav overlav corridors This was the time and place set for the decision on the design objective plans for entryway overlay corridors. The City Manager reminded the Commissioners that they had opened the public hearing on these plans at their meeting of February 10 and continued it to last week, at which time it was closed. Responding to Commissioner Vincent, the Planning Director indicated that these design objective plans would not impact any of the sign regulations about which Mr. Cook recently expressed concern. He noted that these guidelines are not designed to regulate signage within the .interchange zones; they are simply designed to identify interchange signage zones. He then stated that the issue of regulation is to be addressed under the sign chapter of the zone code, suggesting that those possible revisions could be the subject of an upcoming work session on the zone code. Mayor Swanson noted that the Commission has received the "January 7, 1992 hearing draft" of the Design Obiectives Plan, four revisions as included in revised pages forwarded with a February 13 memo from Planner Wall, a fifth revision proposed on Page 88 of that same memo, and the proposed sixth revision to include a provision for an interstate sign zone. Commissioner Stiff expressed concern that no public testimony regarding these proposed design objective plans has been received from any of the property owners or business owners along those entryways, particularly near the North 7th Avenue interchange. He further noted that none of those who build along the entryway corridors has provided any input; and he feels that .erspective is needed. He noted that representatives from the Southwest Montana Building Industry Association have, however, requested that the Commission delay action on these plans until they have had an opportunity to review and comment on them. He then requested that, in light of this lack of input, the Commission conduct another public hearing to gather that input. He noted that it is possible no additional revisions would be forthcoming as a result of the additional 03-02-92 ---------- . .-- ~ ..--...---- --.--. ---. -.----- --. ! - 4 - input; however, he feels it is important that they be heard prior to the decision. Commissioner Frost stated disagreement with the proposal. He noted that several meetings and workshops have been held over the past seven or eight months. He also noted the possibility of revising the document after it is adopted, stating he feels it is important to implement the plans as quickly as possible to assist the ORB in their evaluation process. . Commissioner Knapp noted the memo from Planner Wall, dated February 24, which lists all of the public workshops, meetings and hearings which have been held to date. She then stated that if this were a zoning issue, she might be supportive of conducting another hearing; however, she noted these are guidelines to be utilized in evaluating projects. She noted, therefore, she cannot support conducting yet another public hearing on the issue. Commissioner Vincent stated concurrence with Commissioner Knapp's comments. He then suggested that after the motion and vote have been taken on this agenda item, it may be appropriate to consider another motion to send letters to those who have expressed concern about the plans, encouraging them to work with staff to forward proposed revisions for Commission consideration. . Mayor Swanson noted that the Chamber of Commerce submitted testimony in support of these plans during the first portion of the rublic hearing. He further noted that in the introduction, it very clearly indicates that this document is subject to change, based on public input; and he fully anticipates that it will be subjected to change on a rather constant basis. Commissioner Stiff acknowledged that there has been a series of hearings and meetings on this document; however, he noted there has only been one hearing on the final form. Commissioner Frost noted that during the public hearing, three main arguments were forwarded in objection to adoption of the plans: (1) government has no business meddling in private property rights; (2) the City shouldn't waste time on the entryways when the heart of the community is a junk yard; and (3) the writing of the document was closed to the public. He noted that there is no weight in any of these arguments. He further noted that residents, as well as eisitors, feel that the beauty of Bozeman and its surrounding area is extremely important; and this document will help to ensure that future development enhances the existing beauty of the area. He stated this document is the first step on a long and difficult road. Commissioner Stiff stated he has supported this document from its initiation. He stated, however, he feels that broad acceptance of the document is necessary; and he feels that could be 03-02-92 -. --.-- -.--- ---- ow"" ,":'~ '. '. , - 5 - broadened through another public hearing, even if no changes are made to it. Commissioner Vincent noted he remembers entering Bozeman on North 7th Avenue, in the late 1950's, and its beauty. He stated he does not remember it nearly as well as many of the residents; and he is not sure it can ever be re-created, but steps should be taken toward that end. Commissioner Knapp noted these guidelines are the culmination of a several-year process. .She also noted that they explain in words and graphics what is envisioned for the City. Mayor Swanson noted that testimony received during the public hearing revealed a strong resentment for these guidelines, as evidenced by the advertisement in the newspaper. He suggested that much of that dialogue is more appropriate in the election process than in this forum; however, he noted that those who have recently run on a more subdued planning platform have been defeated, some of them resoundingly so. He then stated that he feels these guidelines will be very useful tools to those who live, work and do business in the community. He also noted that these guidelines are not designed to generate immediate results, rather it may take ten years to create a noticeable difference. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the .commission approve the Design Objective Plans, dated January 7, 1992, with the five addendums which have been included in the memo dated February 13, and a sixth addendum to include an interchange sign zone. 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. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize and direct the Mayor to send a letter to the appropriate parties, notifying them that this document allows for, and encourages, on-going input such that modification and amendment, as determined appropriate by both parties, can be accomplished. During the ensuing discussion, the Commissioners raised several questions and concerns about this motion, including who the letter would be sent to, the impact this proposal might have en staff time. and the fact that the document is open to revision at any time without the need for soliciting comments. Commissioner Knapp stated that, in light of the above discussion, she is unable to support this motion even though she feels the concept is good. Following this discussion, the motion failed by the following Aye and No vote: those 03-02-92 -- "~" ~ " '. , . . , - 6 - voting Aye being Commissioner Vincent and Mayor Swanson; those voting No being Commissioner Knapp, Commissioner Frost and Commissioner Stiff. Break - 4:14 to 4:20 D.m. Mayor Swanson declared a break from 4:14 p.m. to 4:20 p.m., in accordance with .commission policy established at their regular meeting of March 14, 1983. Discussion - Reauest for $10.000 grant from CDaG Revolving Loan Fund for Microbusiness DeveloDment Center - for Fiscal Year 1992-1993 - Human Resource Development Council City Manager Wysocki submitted to the Commission a letter from the Human Resource Development Council, dated February 12, 1992, requesting that the City commit $10,000 from this year's budget to the Microbusiness Development Center, along with a memo from the Planning Office, dated March 2, 1992. Mr. Jeff Rupp, Director of the HRDC, reminded the Commission of the guidelines for the CDSG economic development revolving loan fund which were adopted late last year. He noted that . one of the issues addressed at that time was utilization of those monies as a match for other funds. He noted that the Department of Commerce has now established a Microbusiness Finance Program, under legislation adopted by the 1989 Legislature; and for an $83,000 local match, $250,000 in State monies can be secured. He briefly reviewed the monies which have been committed to date from the three counties involved, which include Meagher, Park and Gallatin Counties. Ms. Lynn Robson, State Director of the Capital Opportunities, stated that Bozeman has four years' experience in this program. She noted that some of the businesses which have been assisted through this program have grown rapidly and are now considered medium-sized busineses. Mayor Swanson noted this request is for $10,000 from the CDSG economic development revolving loan fund, and asked if any additional funds will be sought from the City. Ms. Robson responded there should be no additional requests for this program, although .there may be opportunities to participate in other similar programs in the future, She then noted recognition that the Commission may decide that the CDBG economic development revolving loan fund is not the appropriate source of funds, noting that is a decision to be made by the Commission. Associate Planner Debbie Arke" reminded the Commission that in December 1991, they 03-02-92 ~; " " , . , - 7 - adopted the guidelines for the Community Development Block Grant Economic Development Revolving Loan Fund, after a substantial amount of discussion and public comment. She noted that it was her impression that even though these monies might be utilized for a match, the City would still retain possession and control of those monies. She further noted that if the Commission wishes to grant these monies to the HRDC for Capital Opportunities, it must first revise the .gUidelines since they pertain only to loans at this time. She also suggested the option of a loan at zero percent interest, noting that would also require an amendment to the guidelines. Planner Arkell then reviewed the amendments to the guidelines which are necessary if the Commission wishes to approve this request. She stated that a conversation with Mr. Gary Morehouse, Department of Commerce, revealed that these amendments must be forwarded to the DOC before the Commission may act. She noted that he has also raised issues regarding the differences between the CDSG and Capital Opportunities programs, suggesting that it is imperative that the City receive assurances that the CDBG monies granted under this request are appropriately spent within the master plan area. Planner Arkell further reminded the Commission that the guidelines stipulate that they may .not be amended until seven days after due and legal notice has been published in the newspaper. She noted, therefore, the Commission would be unable to act on the proposed revisions until the March 16 meeting; and one of the items later on this agenda pertains to possible cancellation of that meeting. Responding to Commissioner Knapp, Planner Arkell stated the CDBG Economic Development Revolving Loan Fund Committee has not yet been appointed; therefore, the item has been submitted directly to the Commission. Commissioner Knapp then suggested that the committee be appointed and asked to review this request, submitting a recommendation to the Commission prior to action being taken. Mr. Jeff Rupp indicated that the deadline for obtaining monies is March 20; and those monies must be in hand by that date. . Following discussion, the Commissioners determined that the best alternative would be to consider a commitment of $10,000 in General Fund monies at this time, with the CDBG Economic Development Loan Review Committee to be appointed to review the request and submit a recommendation to the Commission for possible transfer of monies from that fund to the General Fund. 03-02-92 ---.- ------.-- " , , , . - 8 - City Manager Wysocki reminded the Commission that they do not have monies budgeted for this purpose on this year's budget. He noted, however, it would be possible to take $10,000 from the City's cash flow on a temporary basis, if the Commission determines that is appropriate. Responding to Commissioner Stiff, City Attorney Luwe stated he does not believe there are any legal implications to using General Fund monies for this request; however, he requested an .opportunity to review the issue prior to the Commission making its decision. Commissioner Knapp requested a couple-sentence synopsis of this project and why $10,000 is wanted for the Microbusiness Development Center, to be included in next week's packet. Mayor Swanson requested this item be placed on next week's agenda for a decision. Discussion - Sidewalk reDair Droaram The City Manager submitted to the Commission a memo from Director of Public Service Phill Forbes, dated February 24, 1992, along with a memo from Engineering Aide Andy Kerr, dated February 13, and a map showing the four areas which have been identified for Commission .consideration. He then submitted to the Commission a memo from the Downtown Bozeman Association, dated March 2, requesting that a patch repair program be considered for the downtown sidewalks, since the DBA is pursuing the possibility of an extensive sidewalk replacement program within the next few years. Director of Public Service Forbes briefly reviewed the contents of the memo, noting that last year's repair program targeted the "worst of the worst" sidewalk problems. He stated that with those addressed, staff has attempted to identify those areas where the sidewalks are in the worst disrepair and pedestrian traffic is rather high. He stated that four areas have been identified, as shown on the attached map, and requested Commission direction on which two of those areas should be included in this year's program. The Director then stated that Mr. Steve Schnee, President of the DBA, has been in contact ewith the Engineering Department about the downtown sidewalks, noting that under the City's sidewalk policy something less than "remove and replace" is acceptable under the repair program. He noted that while it would not look as nice, a patch program could address the safety issues until the comprehensive replacement program can be undertaken. Mr. Steve Schnee noted it is a stated goal of the board of the DBA to investigate a 03-02-92 -.-. - --.-.--. ,,-.- .-.. " , . . . - 9 - business improvement district, which would provide resources for the sidewalk replacement program. He noted that program will not be in place this building season; and he recognizes that many of the sidewalks in the downtown area are deteriorated and need attention. He then requested that the Commission allow them to address those sidewalks in need of repair on a temporary basis, with the expectation that a permanent approach will be taken in 1993. . Mr. Schnee stated that the proposed district and the sidewalks impacted by this program do not include all of the sidewalks in Area 1, as identified on the map, but would include those in the core business district extending from North 7th Avenue to Wallace Avenue. He suggested, therefore, that the sidewalks within Area 1 lying between North 7th Avenue and 11th Avenue could be subject to the standard repair program. Responding to Mayor Swanson, the Director stated that the City staff can administer a repair program involving approximately 100 projects, at whatever level of repair is required. He noted, therefore, that two of the four identified areas could be accommodated in this year's program. Responding to Commissioner Vincent, the Director reviewed the sidewalk repair program. .He noted that last fall when the inventory was being conducted, those sidewalks identified as needing replacement were marked with orange paint. He stated that those individuals will receive an official notification of repair at the time those sidewalks are required to be repaired or replaced; and they will be given a specific amount of time to do so, typically until July 15. He noted that if people fail to repair the sidewalk within that period of time, the City will hire a contractor to do so and then assess the property owner accordingly. Commissioner Knapp stated support for including Areas 1 and 2 in this year's repair program, with the requested revisions to Area 1 as forwarded by Mr. Schnee; the other Commissioners concurred. Responding to Commissioner Frost, the Director stated that the bid process for construction contract for those sidewalks included in last year's program will be started in March .0 the contractor can begin as soon as possible this spring. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission designate the identified sidewalks in Areas 1 and 2, as shown on the map attached to the Director of Public Service memo dated February 24, for inclusion in this year's sidewalk repair program, with the understanding that temporary repairs which adequately address the safety 03-02-92 '. , . , . '. - 10 - issues will be acceptable on sidewalks in the core downtown area. 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. Discussion ~ Dossible cancellation of March 16. 1992. Commission meetina . City Manager Wysocki stated that a conversation with the Clerk of the Commission revealed that some items have been scheduled and advertised for this date; however, an advertisement changing the date for those items previously published can adequately accommodate any change due to cancellation of the meeting. He reminded the Commission that the absences of two Commissioners have previously been authorized, and noted that he will be absent as well. He further noted that this is spring break week; and many people will be out of town. Commissioner Frost stated he will be in town, and would be available if it is determined that a meeting should be held. Commissioner Stiff noted that the three Commissioners present would be very limited in what they could do. He then suggested that it would probably be appropriate to cancel the .meeting because of the limitations those present would encounter. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission cancel its regular meeting of March 16, 1992, and notify the public accordingly. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No being Commissioner Knapp. ADDointments to Audit Committee City Manager Wysocki submitted to the Commission a memo from Clerk of the Commission Sullivan, dated February 28, 1992, forwarding the list of applicants for this committee, as well as the following boards. . It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission reappoint members to the Audit Committee, as follows: Vern Voegele, with a term to expire on February 28, 1993, and Ken Vail, with a term to expire on February 28, 1994. 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 03-02-92 .. ------ . - 11 - voting No, none. ADDointment to Band Board It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission appoint Ron Schimpf to replace Rolf Johnson on the Band Board, with a three-year .term to expire on December 31, 1994. 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. ADDointment to Cemetery Board It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission appoint Carroll V. Henderson to replace Mary Alice Chester on the Cemetery Board, with a three-year term to expire on December 31, 1994. 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. . ADDointment to Design Review Board It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission appoint Nicolas H. Davis as a non-professional member on the Design Review Board, with a term to expire on June 30, 1994. Commissioner Vincent expressed concern that he has not had an opportunity to review the applications for this board, noting its importance. He then requested time to review those applications prior to voting on this motion. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that action on this motion be postponed until after the public hearing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner .rost, Commissioner Stiff and Mayor Swanson; those voting No, none. Claims The City Manager reminded the Commission that this is typically a Consent Item; however, it is the only one on this agenda. He then recommended that the Commission approve 03-02-92 ------- " . , - 12 - the claims as listed and order them paid. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the claims as listed, and order the same be paid. 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. . Recess - 5:25 D.m. Mayor Swanson declared a recess at 5:25 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled pUblic hearing and completing the routine business items. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing and completing the routine business items. Public hearina - Zone MaD Change - M-1 to R-3A - Ursula Neese - Blocks 51 and 52. Northern Pacific Addition (between Plum and Ida. Fridlev and Peach) . This was the time and place set for the public hearing on the Zone Map Change requested by Ursula Neese, under Application No. Z-91164, to change the zoning from "M-1," Commercial-- Light Manufacturing, to "R-3A," Residential--Two-family, Medium-density, on Blocks 51 and 52 of the Northern Pacific Addition. The subject two-block area is bounded by North Plum Avenue on the east, East Fridley Street on the south, North Ida Avenue on the west and East Peach Street on the north. Mayor Swanson opened the pUblic hearing, after which he reviewed the Commission's rules for conducting a public hearing. Planning Director Andy Epple presented the staff report. He reviewed the intent statements for both the M-1 and R-3A zoning districts. He then noted that of the 15 properties .nvolved, 12 contain single-family residences, 2 have single-family residences which also house commercial activity, and 1 houses several commercial activities in addition to a residence. He stated that properties to the south and the west are planned for urban residential infill, properties to the north are designated for business park/industrial activities, and properties to the east are in a transitional area between the two. 03-02-92 , . , . , , - 13 - The Planning Director then gave a lengthy background of the subject two-block area, noting it has been the subject of previously unsuccessful attempts to change the master plan land use designation and zoning. He also noted that land use disputes have occurred in recent years because of the conflict between the zoning designation and the actual nature of development within these two blocks. He stated that another zoning designation which would accommodate aoth residential and industrial type development, under strict guidelines, would be the HMU, Historic Mixed Use; however, that option has not received the support from the residents that the R-3A zoning designation has. The Planning Director stated that staff has reviewed this application in light of the twelve statutory criteria set forth for such reviews, and has determined that this requested zone map change is in compliance with those criteria. The Planning Director stated that, following its public hearing on this application at its meeting of February 19, the City-County Planning Board unanimously concurred in the staff recommendation for approval of this zone map change. Ms. Ursula Neese, applicant, 513 North Plum Avenue, stated she has a small business like eany other small in-home business located in a residential zone. She then stated that this address is primarily her residence; and the residents in this area wish to have their homes protected. She encouraged Commission approval of this zone map change. Commissioner Frost noted that with this zone map change, her business will become non- conforming and asked if that is acceptable. Ms. Neese responded that it is. She stated that her neighbors view her property as an improvement to the area. She noted that she does have some small nursery stock and some small equipment on her premises; and she will work with the neighborhood if she decides that she wants to expand in the future. Break - 7:25 to 7:28 D.m. e Mayor Swanson declared a break from 7:25 p.m. to 7:28 p.m., in accordance with Commission pOlicy established at their regular meeting of March 14, 1983. 03-02-92 --------....--- . . , . - 14 - Public hearina (continued) - Zone MaD Chanae - M-1 to R-3A - Ursula Neese - Blocks 51 and 52. Northern Pacific Addition (between Plum and Ida. Fridley and Peach) Mr. Bert Harting, 414 North Plum Avenue, noted the number of meetings which residents of this area have attended in recent months because of the master plan and zoning processes. He also noted that the neighborhood has conducted a number of meetings to discuss their zoning .options and other strategies to address their long-standing problems in that area. He stated that one of the positive outcomes of this process has been the ability of the residents to work together in an effort to resolve the conflicts and problems that have arisen over the years. He also noted that, in addition to sense of neighborhood and appreciation for their quality of life, they have come to understand how City government operates. Mr. Harting stated it is not necessary to reiterate all of the points that have been made over the past few months, and highlighted just a few of the major points. He noted that the residents overwhelmingly support the rezoning to R-3A, as opposed to HMU; and thirteen or fourteen of the property owners have signed affidavits indicating their support for rezoning to R-3A. He noted that the subject two-block area was originally developed as residential; however, in the . 1970's, it was determined that the area would be more appropriatelv zoned M-1. He noted that the area has not changed over the past twenty years; and the M-1 zoning is inappropriate. He stated that the M-1 zoning has created hardships for the residents, including (1) their inability to obtain monies through a bank because of the zoning designation, (2) the potential for degrading their quality of life through additional commercial/industrial activity, and (3) the amount of time and energy required to resolve conflicts arising from the zoning designation. Mr. Harting stated that the R-3A zoning will protect the residential character of these two blocks; and it will help to address the hardships which he had noted above. He noted that the proposed HMU zoning district has not been utilized anywhere else in the community; and the residents in this area do not feel they should be the test case. He suggested that instead of a predominantly residential neighborhood being the first to implement an HMU zoning designation, en area where there is almost the same amount of residential and business development would provide a truer picture. Mr. Harting then encouraged the Commissioners to approved this requested zone map change, noting that adequate protection should be provided for the minority. Ms. Judy Flaherty, 624 East Fridley Street, stated she has lived in this neighborhood for 03-02-92 ~ ..u , . , , - 15 - eighteen years, and noted the sense of neighborhood which exists. She stated that Mr. Zakovi has not been a part of the friendliness of the neighborhood and the times shared by those who live there. She then stated she wants to see the neighborhood remain like it is, noting they already have enough traffic and problems without additional industrial activity. Mr. Rich Devers, 712 East Peach Street, showed the Commission some pictures which .were taken before 1940, which reveal the residential character of the subject blocks. He then encouraged Commission approval of this zone map change. Mrs. Virginia McLaughlin, 709 East Fridley Street, stated this is a quiet neighborhood, which she feels should be protected. She noted that it provides affordable housing in Bozeman, and encouraged Commission approval of this application. She stated that she does not object to the existing commercial activity; however she does not wish to see it increased. Ms. Carla Neasel, 702 East Peach Street, stated she and her husband are purchasing that property. She stated that, because of the M-1 zoning, their application for FHA monies was initially denied; however, their application has just been approved based on this pending zone change. She noted that this was the only home in their price range; and had they not been able to obtain FHA .financing, they would not have been able to purchase it. She then encouraged the Commission to approve this zone map change, particularly in light of the problems they have just encountered with federal financing. She noted that many people who purchase in this area cannot afford the 20- percent down payment which is required for conventional loans; so sources such as FHA are their only option. Ms. Neasel also noted that this neighborhood suits her and her husband. She stated that they are willing to accept the amount of industrial and commercial development that currently exists in that area; however, they do not feel any more should be allowed. Mr. Dennis Downing, 706 East Peach Street, noted that problems in that area began when the City zoned it M-1 instead of residential. He stated the residents are now asking that it be zoned properly, and encouraged Commission approval. . Ms. Linda Klenn, 717 East Orange Street, stated she has owned her home for eight years. She noted that if she sold it, she could not afford to live elsewhere; and, furthermore, she likes her home and the area. She then encouraged the Commission to approve the rezoning and protect the area. Ms. Leslie Rykels, 317 North Broadway Avenue, stated she does not reside within the 03-02-92 , . , , - 16 - subject two-block area; however, she does support her neighbors' request for rezoning. She stated that she lives directly across the street from the Simkins-Hallin truss plant; and they are making every effort to be compatible with the residential neighborhood. She then encouraged approval of this application. Mr. Rod Gilbert, 630 East Peach Street, stated he lives across the street from a . warehouse, and wishes to retain the residential development immediately around him. Ms. Chandler Dayton, resident of Block 52, read a letter of support from Mike and Lisa Mahony, 405 North Ida Avenue. She stated that she lives across the street from Bronken's Distributing; and they work well with the neighbors. She then noted that two of the three existing businesses within this two-block area are located where they have no room for growth; and the owner of the third business has indicated she views this as her residence rather than her business location. Ms. Dayton noted that the existing businesses are grandfathered. She noted that the residents of the area do support and encourage rezoning of the two-block area to R-3A; however, they also wish to ensure that these business owners are adequately protected. . Ms. Louise Daellenbach, 407 North Ida Avenue, stated she has lived at this address for twelve years. She stated support for the proposed zone change and encouraged Commission approval to ensure the integrity of the neighborhood. Ms. Petrea Hofer, 809 East Fridley Street, noted that two semi trucks have been stuck at the corner of Fridley and Plum this winter because of the tight corner. She then stated a desire to be protected from industrial infiltration. Mr. John Goering, 809 East Fridley Street, stated strong support for the R-3A zoning proposal, noting he lives immediately east of Mr. Zakovi's property. Mrs. Virginia McLaughlin asked if there are any regulations on the size of trucks that may travel the streets in that area. She noted that the corners are too tight for the large semis to negotiate; and she has had them in her parking strip. . Mr. Dallas Thompson, 326 North Plum Avenue, stated support for the proposed rezoning. Mr. Don Jackson, 631 East Davis Street, stated he has been able to purchase his home because he could rent the upstairs and the basement out. He stated that he lives two blocks from the subject two-block area; however, he does support their rezoning request. He noted the quality of the neighborhood, and his opposition to additional commercial or industrial activity. 03-02-92 , . . , - 17 - Mr. Zac Zakovi, owner of the property at 417 North Plum Avenue, stated his opposition to the proposed rezoning to R-3A, noting there is no protection for the minority under this rezoning. He stated that this rezoning will put him out of business, noting that a commercial planned unit development is not possible for him because of the lot's location. He noted that the hard lines of zoning do not allow him to continue his practices as if he were in an M-1 zone. . Mr. Zakovi stated that over the past sixteen years. he has had access to 55 different approved uses under the M-1 zoning designation; and that has allowed for a substantial amount of turn-over of businesses on his parcel. He stated that at the present time, there are three uses on his site; and this rezoning will limit his options to those uses in their current sizes. He further noted that if a business space is vacant for ninety days, it loses its grandfathered non-conforming status. He noted this is a particular problem for him, because he is gone each year for a minimum of ninety days and sometimes as much as a year. Mr. Zakovi stated he has spent $113,000 on his parcel to date; and it would cost at least $30,000 to remodel it for residential use. He noted that in this neighborhood, that is an unrealistic investment. . Mr. Zac Zakovi then suggested that the option of HMU zoning be carefully considered. He noted that under this option, his property rights would be adequately protected, and so would the property rights of all the residents. He noted that under this zoning, the existing mixture of residences and businesses, which total six in the two-block area, would be protected. He also cautioned that to change the zoning of this subject two-block area to R-3A will also impact industrial activities, such as Bronken's, because they will suddenly be across the street from a residential area. Mr. Zakovi noted that in the staff report, the Planning staff has suggested that after this zone change is adopted and after the guidelines for the HMU zoning designation have been developed, the Planning Board may wish to come back with a proposal to change the zoning to Historic Mixed Use. He noted that now is a unique opportunity to implement such zoning; .owever. if the requested R-3A zoning is approved. the residents will oppose a change to HMU in the future. Ms. Janie Roughton, small pottery business owner in Mr. Zakovi's building, stated she has had her business in that location for two years. She stated that when she began her business two years ago, she was assured by the City that it was appropriate for an M-1 zone. She expressed 03-02-92 , . - 18 - concern about her business and her investment, particularly in light of this proposed R-3A zoning. She stated that some of the neighbors have stated support for her business operation in this area; however, she is extremely concerned about how this rezoning will impact the issue. Ms. Roughton expressed concern that grandfathering leads to the slow death of a business, noting that if this zone change is approved, she may need to find a new location. She .noted that even though businesses are in the minority in this area, at this time they are legal, and their rights should also be considered. Ms. Suzanne Nellen, attorney representing Mr. Hutton, owner of City Taxi, 720 East Orange Street, requested an opportunity to provide some clarification of her client's position on this requested zone map change. She noted that this subject business complies with the intent statement of the M-1 zoning district; and the proposed rezoning will establish it as a grandfathered non-conforming use. She noted that residents in the area have testified over and over that they do not object to the current commercial activity on that parcel. Ms. Nellen noted that at the Planning Board meeting, Planning Director Epple indicated that under the rezoning, a variance would be necessary to change that use. She noted the importance .Of defining all of the current business uses in this zone change, so that it will be encompassed in that change. She noted that Mr. Zakovi has expressed concern about the inability to change uses on his property. She noted that her client has no position on that issue; however, he does wish to retain the ability to operate his existing business. Ms. Nellen noted that this proposed zone change flops the conforming and non-conforming uses within this two-block area. She noted the Planning Director's suggestion that the HMU zoning be considered in the future, noting that is an option which would allow both uses to remain in a conforming status. Ms. Nellen concluded by stating her client is neither in support of nor in opposition to this proposed rezoning, but requests that the Commission consider the HMU zoning before making its decision. . Ms. Ursula Neese, applicant, noted that at the present time, there are thirteen non- conforming residences in the subject two-block area. She asked for staff clarification on the issues of grandfathering and the variance process. She then noted that the guidelines for the HMU zoning district have not yet been developed; and it may be quite some time before they are. She further noted that is an option not supported by the residents in the area, as evidenced by the application 03-02-92 , . , . - 19 - which they have submitted. She noted that neither the City Taxi nor Mr. Zakovi has room to expand operations; and she has no intention of expanding hers. She noted that Mr. Zakovi referenced other in-home businesses within the two-block area; however, she noted that is typical of most residential areas within the community. Responding to several questions and issues raised by those testifying, the Planning .Director indicated that a home occupation takes place totally within a structure; and a small-scale landscape business does not fit that description. He then stated there are no size or weight limitations on semi-trucks within the city limits, suggesting that issue should perhaps be considered in a different context. The Planning Director then addressed the issue of non-conforming uses and the fact that they can be expanded through the variance process, with the final decision being made by the City Commission. He further noted that under the new zone code, the Commission has adopted a very liberal provision under which a non-conforming use which is damaged through natural calamity or fire can be re-established through the conditional use process. The Planning Director next addressed the issue of non-conforming uses, and lapses in such .ses for more than 90 days. He suggested, in the instance of Mr. Zakovi's property, that as long as at least one of the light manufacturing activities continues in operation, it would not be considered a lapse in use. Planning Director Epple stated that a windshield survey of the area was used in determining land uses in the subject two-block area; and such surveys do not reveal true in-home occupations. The Planning Director then stated that, even though it was not part of their resolution, the Planning Board expressed a considerable amount of concern about the status of existing businesses and interest in ensuring that those businesses are protected. He noted that he is currently in the process of communicating with Mr. Zakovi and Mr. Hutton in an effort to establish the exact parameters of the non-conforming uses of their properties. He noted that he is seeking additional .pecific information from Mr. Zakovi on the types of manufacturing activities that have occurred on his premises over time in an attempt to identify activities that could appropriately occur under the grandfathered non-conforming use of his property. He noted that additional information is also being gathered from Mr. Hutton regarding the number of vehicles used in his operation. The Planning Director noted that the staff did, indeed, raise the issue of Historic Mixed 03-02-92 - 20 - Use zoning as an option for both the Planning Board and the Commission to consider because that was Mr. Zakovi's application for rezoning. He reminded the Commission, however, that they are considering the request for R-3A as filed by Ursula Neese and supported by the residents of the two-block area. Commissioner Stiff asked about the possibility of excluding the properties which house .the taxi operation and Mr. Zakovi's light manufacturing uses from the requested rezoning. The Planning Director cautioned that, even though these properties are "catty-corner" from an existing M-1 zone, excluding them from this zone map change could be construed as spot zoning because of the small size of the parcels involved. Further responding to Commissioner Stiff, the Planning Director noted that under the soft edge concept of the master plan, the subject blocks could be zoned either residential or light industrial. Responding to Commissioner Vincent, the Planning Director stated that under the use "manufacturing, light and completely indoors" a number of different uses could be considered acceptable on Mr. Zakovi's property. He noted that while that would probably not provide the 55 .ses to which Mr. Zakovi had mentioned, it will allow more than three uses. He then suggested that even if only one manufacturing use remains in the structure, it will not be considered a lapse in use. Planning Director Epple noted that non-conforming uses may be re-established if they are destroyed; may be expanded through a variance; and may be changed to another less non- conforming use through the conditional use process. Responding to Mayor Swanson, the Planning Director noted that in the staff report, he suggested the possible option of a commercial PUD for Mr. Zakovi's property. He noted that it does not comply with all of the master plan guidelines; and it is an issue which the City Attorney must research before it is considered a viable option. Responding to the Mayor, the Planning Director stated he feels that the Commission can eroceed with its decision on this application. He indicated that he will have adequate time between the decision and the time of the ordinance enacting that decision becomes effective, assuming it is positive for this requested zone map change, to complete his work on the non-conforming uses. ~ In response to Commissioner Stiff, the Planning Director briefly expanded on spot zoning, and how deleting Mr. Zakovi's and Mr. Hutton's parcels from this zone map change could be 03-02-92 -~ _u..___ _on...._ --.---- . , . . - 21 - construed as such. Mayor Swanson closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the customary one-week waiting period on land use decisions be waived. 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. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the Zone Map Change requested by Ursula Neese, under Application No. Z-91 164, to change the zoning from "M- 1, II Commercial--Light Manufacturing, to "R-3A," Residential--Two-family, Medium-density, on Blocks 51 and 52 of the Northern Pacific Addition. 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. ADDointment to Design Review Board . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the original motion be removed from the table. 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. Commissioner Vincent stated he will abstain from voting on the motion for appointment because he has not had an opportunity to adequately review all of the applications and do the background checks which he feels are necessary. Commissioner Vincent then proposed a revision to the appointment process, stating that he does not feel the information contained on the application forms is confidential. He suggested that the names of the applicants for boards be released for publication at least two weeks prior to the appointments being made so the public has an opportunity to forward comments to the .ommissioners about those applicants. He also suggested that those applicants for what the Commission feels are extremely important boards should be asked to appear before the Commission in open session to discuss their philosophies and views, possibly the week before the appointments are to be made. Responding to the City Manager, the Clerk of the Commission indicated that some of the 03-02-92 n_. . .. , , , . - 22 - application forms stipulate that all information except for the name and the board for which application is made will remain confidential. She noted that all applications, even if that phrase is not included, are distributed and received with that understanding. The Commission then voted on the previous motion, which was to appoint Nicolas H. Davis as a non-professional member on the Design Review Board, with a term to expire on June .30. 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Mayor Swanson; those voting No being Commissioner Stiff. Commissioner Vincent abstained. Commissioner Stiff left the meeting at 9: 18 p.m. Discussion . FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from David and Dorothy Fraker, West COllege Park, dated February 20, stating protest to the street and tree maintenance district assessments. . (2) Letter from Cheryl Johannes, Principal of the Martha Fox Heck Elementary School in Belgrade, dated February 24, commending the City's police and fire departments for their fire safety program. (3) Copy of an article entitled "Commission hears housing proposals" as published in the February 21, 1992 edition of the ASMSU EXDonent. (4) Notice of a waste reduction and recycling meeting scheduled for 7:00 p.m. on Monday, March 9, as organized by the Montana Department of Health and Environmental Sciences. (5) Agenda for the DRC meeting scheduled for 10:00 a.m. on Tuesday, March 3, at the Carnegie Building. (6) Agenda for the ORB meeting scheduled for 4:00 p.m. on Tuesday, March 3, at the Carnegie Building. . (7) Agenda for the City-County Planning Board meeting scheduled for 6:30 p.m. on Tuesday, March 3, in the Commission Room. (8) Copy of article entitled "Man searches for dream town; sound like yours?" as published in the USA Today, as submitted by Commissioner Frost. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, 03-02-92 ---- .._~_.._- . ..- '. ,. . . ' - 23 - . March 3, along with daily minutes for the week of February 17 and the minutes for the February 25 public meeting. (10) Copies of the list of downtown issues, dated February 1992. The City Manager noted that those in bold type are the top priority goals for the DBA for the upcoming year; and all those listed under the "City of Bozeman/City Commission Issues" are .in bold. (11 ) Information sheet on the Homebuyers Club which has been implemented in Great Falls, as submitted by First Bank Bozeman at the Commission's request. (12) The City Manager submitted his weekly report, as follows. (1) Assistant Brey and the interns have been working with residents around MSU in preparation for creation of a neighborhood parking district. He noted his desire to have the district created prior to the students leaving in May, so they are aware of the changes before they return in the Fall. (2) Met with County Commission and Chief of Police regarding the Law and Justice Center renovation. He noted the preliminary costs for relocation have been set; and he will request an agenda item for Commission discussion of these issues after more accurate figures have been established. (3) .Attended the South Third Avenue meeting on Tuesday evening. (4) The Valley Unit Subdivision sub-committee met on Thursday to discuss plans for future sales. He noted nothing has yet been resolved; and the item will be placed before the Commission for action as soon as that has been accomplished. (5) Met with representatives from the Town Pump site on West Main Street regarding the sign amortization schedule. (6) Reviewed police activities for the past week, noting the number of drug arrests has exceeded the goal set for the year; and there's still four months left. (7) Announced a noon meeting scheduled on Thursday at the Baxter, where monies included in the Highway Surface Act for trails are to be discussed. He then indicated he has a 7:00 a.m. meeting with Mr. Walker to discuss the same issue, noting any interested Commissioners are invited to attend that meeting if they are unable to attend the noon meeting. (8) Noted that there are five parcels along which right-of-way is needed for the Kagy Boulevard extension, with one of those aeing a large parcel on the south side of the roadway. (13) The City Manager stated he and Planning Director Epple have discussed the possibility of conducting a work session at 7:00 p.m. next Monday to discuss sign code issues. He noted that the public has been patient; however, that is the issue which they really wish to discuss, and he feels it would be appropriate to skip over the other proposed amendments and 03-02-92 -...-. .--...---. - ....- - -. -- --.-. _ ___.___n__ . ,. , - 24- return to them after these issues have been discussed. He then indicated that the Planning Director is preparing an issues paper, listing the current code and possible alternatives. The Commissioners concurred with the proposal, after which they discussed the parameters for the work session. They determined that the session should be limited to two hours, or two and one-half hours at the maximum. . ( 14) Commissioner Vincen1 submitted the following. (1) Stated he feels the South Third Avenue meeting was very positive. (2) Has been doing more door-to-door campaigning this past week. (3) Attended the birthday party at K-Mart on Sunday, where he received a nice pictoral book. He noted that he has turned the book over to the school library, where he feels it will be well utilized. (14) Commissioner Knapp submitted the following. (1) Attended the South Third Avenue meeting on Tuesday evening. She noted she was not as encouraged by the meeting as Commissioner Vincent was, particularly since the County was not represented. She expressed concern that the residents keep stating their opposition to temporary measures; however, the permanent measures are very costly. (2) Gave a welcome to the Montana Aviation Conference on .hursday. She noted that the main speaker at lunch was Captain AI Haines, pilot of the United Airlines plane that crash landed at Sioux City, Iowa. She noted that his talk on emergency preparedness was extremely good; and she has requested an opportunity to listen to the tape which KBOZ made of the speech. She also suggested that the topic of emergency preparedness be discussed at one of the upcoming joint meetings with the County Commission. (3) Asked if anyone from the City will be attending the waste reduction and recycling meeting next Monday night, since the Commission has decided to conduct a work session at the same time; the City Manager responded that someone will be in attendance at that meeting. (4) Highlighted the monthly Library report, noting that the increase in hours has had a definite impact on the circulation numbers. She also noted the dramatic change in non-print circulation, which includes books on tapes and videos. . (15) Commissioner Frost submitted the following. (1) Attended voter registration training on Monday, and is now a deputy registrar. (2) The ad hoc tree committee met on Tuesday night, and made several revisions to the proposed tree ordinance. He noted the revised ordinance and the tree board ordinance will be forwarded to the committee members for further review prior to their next meeting, which is scheduled for March 31. (3) Attended the DBA board meeting on 03-02-92 -----------.--.--- " " , - 25 - Wednesday evening. He noted the current President, Steve Schnee, is very dynamic; and the board meetings are well attended. (4) Spoke to a Planning class at the University on Monday morning about the sign ordinance. (5) Thanked the City Attorney for his memo regarding the Duffy heliport issue. . (16) City Attorney Luwe noted the new prosecutor/staff attorney, Susan Wordal, began work this morning. ( 17) Mayor Swanson submitted the following. (1) Made a presentation to the Kiwanians and the Exchange Club at noon regarding the performing arts center site. (2) Participated with Representative Marlenee in the presentation of medals to the families of Desert Storm participants. (3) Welcomed the Canadian and U.S. volleyball teams on Saturday, along with MSU President Malone. (4) Participated in the kick-off for Art Leap Day at noon on Saturday. (5) Spoke to a Planning class at MSU about the planning process in Bozeman on Tuesday. (6) Distributed an article from the February 17 edition of the Wall Street Journal which indicates that Bozeman is a preferred town for those who want to leave the "rat race." (7) Noted that 1991 legislation set a 25-percent waste reduction goal for the state to meet by 1996. He suggested that .ssue should be carefully considered as the City reviews its garbage collection program. Adjournment - 9:50 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. . ATTEST: ~J~ R BIN L. SULLIVAN Clerk of the Commission 03-02-92