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HomeMy WebLinkAbout1989-04-10 . '~r;'_~ f ~,\,.i- r .' '~. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA April 10, 1989 ************************ The Commission of the City of Bozeman met in regular session In the Commission Room, Municipal Building, April 10, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis- sloner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any of the Commissioners wished any of the Consent Items to be removed for discussion. Commissioner Martel requested that the letter of request for an operational change in lane movements on South 19th Avenue at West Main Street be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes of the regular meeting of March 27, 1989 be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Mayor Stiff stated that action on the minutes of the regular meeting of April 3, 1989 wi II be deferred for a period of one week, since the Commissioners received those minutes just prior to this meeting. Award bid - excavation of landfill expansion (C I P) This was the time and place set for the award of bid for the excavation of landfill expansion. The City Manager reminded the Commission that this item has been budgeted in the Capital Improvement Program. He then submitted to the Commission a memo from Director of Public Service Forbes recommending that the bid be awarded to Pace Con- struction, Inc., Bozeman, Montana, In the bid amount of $110,821.50, it being the lowest and best bid received. He then concurred in that recommendation. Commissioner Martel expressed concern about awarding this bid, particularly since the amount bUdgeted in the Capital Improvement Program for this item is $100,000. He questioned how the City can award a contract larger than the amount which has been bud- geted, particularly without first negotiating a change order to decrease the contract amount immediately following award of the contract. City Manager Wysocki reminded the Commissioner that items in the Capital Improve- 04-10-89 .,..;'. ; :~i~::,,) :. L... ~I .' ':~~ ~ ... . .,,~~ -2- ment Program may exceed the amount budgeted, since those additional costs may be covered through the budget amendment process. The City Manager stated that the staff has reviewed the bid as submitted, and feels that the unit prices bid are reasonable. Commissioner Vant Hull stated that she and Commissioner Martel met with Director of Public Service Forbes on Friday to review the need for award of this contract. She stated that her many questions were answered; and she feels it Is in the best interests of the City to proceed with this expansion of the landfill at this time. City Attorney Becker stated that the bid must be awarded for the amount bid un- less negotiations have been completed to lower that amount through a change order. The City Manager once again recommended award of the bid, recognizing that a budget amendment will be necessary to cover the costs. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission award the bid for excavation of the landfill expansion to Pace Con- struction, Inc., Bozeman, Montana, in the bid amount of $110,821.50, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Martel. Award bid - computer system for. Planning Department. (C I P) This was the time and place set for award of the bid for the purchase of one com- puter system for the City-County Planning Board. The City Manager reminded the Com- mission that this item was budgeted in the Capital Improvement Program. He then submit- ted to the Commission a memo from Planning Director Andy Epple recommending that the bid be awarded to Computer Lines, Inc., Bozeman, Montana, in the bid amount of $13,010.00, it being the lowest and best bid received. The City Manager then concurred in that rec- ommendation, noting that a majority of the City-County Planning Board members support the recommendation as submitted by staff. Commissioner Vant Hull noted that sometimes bids are opened before the Commis- sion and sometimes they are not. She then asked if the City has a policy on this Item, or if one should be developed. City Manager Wysocki stated that In this instance, the bids were opened by the Clerk of the Commission before the City-County Planning Board since that Is the entity for which the computer system Is being purchased. He then indicated that as long as two or three City officials are present for the bid opening, he feels it is appropriate. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission award the bid for one computer system for the City-County Planning Board to Computer Lines, Inc., Bozeman, Montana, in the bid amount of $13,010.00, it being the 04-10-89 /IO~ ,. ..' .~. ,:s -3- lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Hubert M. Reid to allow Tract A, Certificate of Survey No. 1329, to be leased to "SCIMAT", a high-tech crystal manufacturer. The subject parcel is more commonly located at 310 Ice Pond Road. Mayor Stiff opened the continued pUblic hearing. He requested that the applicant provide any update he may have, followed by public testimony, then comments from staff. Mr. Roger Craft, applicant's representative, submitted to the Commission a letter from Mr. Ralph Hutcheson, President of SCIMAT, since he is unable to attend this public hearing. He then read the letter into the record. Mr. Hutcheson noted that in the four and one-half hours of testimony submitted by the public before the Zoning Commission and the City Commission, the majority of the testimony concerned traffic from the entire site, not just the one building; and only two people spoke in opposition to the proposed use. He further noted that access was not addressed because that was a separate application on file with the Director of Public Service prior to submittal of this conditional use applica- tion. Mr. Hutcheson then cited Section 18.64.010C.1. of the Bozeman Municipal Code, as follows: "Nonconforming use of buildings, structures or premises may be changed to an- other nonconforming use, provided that a conditional use permit is obtained from the city commission. In determining whether or not to grant the conditional use permit, the city commission, after recommendation from the city zoning commission, shall determine that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. II Mr. Hutcheson further noted in his letter that this proposed use would reduce the amount of heavy truck traffic generated by the present use; and, based on testimony sub- mltted, that is what the residents along Ice Pond Road want. He then indicated that this proposed nonconforming use would be more appropriate to the district than the existing ,nonconforming use. Mr. Roger Craft stated that at last week's Commission meeting, he submitted a proposal to separate the access issue and master planning of the entire parcel from this application for a Conditional Use Permit. He noted this proposal led to substantial com- ment, both from the public and the Commission. He then stated that on Wednesday, he 04-10-89 ,~ '.. ' -; f.';' ,,~ J' -4- met with five residents of Ice Pond Road, two neighbors of the subject site, and one res- ident of South Willson Avenue. He noted that after four and one-half hours of discussion, as well as a one and one-half hour discussion with two residents of Ice Pond Road, they agreed on several points and agreed to disagree on others. He stated that Mr. Reid sub- mitted a proposal to the residents of the area, to which they submitted a counter-proposal. He stated there are some points of that counter-proposal to which Mr. Reid cannot agree. Mr. Craft reminded the Commission that the application before them Is the same as was submitted to the Zoning Commission, as noted in the minutes for last week's meeting. He then requested that ConditJon Nos. 3, 4 and 5, as recommended by the Zoning Commis- sion be removed. He noted that at last week's meeting, he had requested that Condition Nos. 8 and 9 also be removed. He indicated that since that time, however, Mr. Reid has signed an Improvements Agreement and submitted a letter of credit to cover the improve- ments required under approval of the Planned Unit Development. He then indicated that Mr. Reid agrees to a 25-percent reduction in the warehouse space currently located on the 4.28-acre parcel, within a period of 90 days. He noted that when the proposed 25-percent reduction Is added to the 21-percent reduction which will be caused as a result of SCIMAT moving into Building No.4, this site will realize an overall decrease in warehouse space of 46 percent. Mr. Craft then reminded the Commission that under Section 18.64.050 of the Bozeman Municipal Code, a nonconforming use must be equally appropriate or more appro- priate than the existing nonconforming use. He indicated that he feels this application would be more appropriate than the existing use. Mr. Jerry Peach, 425 Ice Pond Road, stated he had raised several questions at last week's meeting which have not yet been answered. He then asked for responses to those questions, including a request for clarification on whether Section 76-2-305, Montana Code Annotated, is applicable to this process. Mr. Peach then noted that the Planning staff recommended denial of this applica- tion; and after its public hearing, the Zoning Commission recommended approval, based on several conditions. He stated that the discussions have changed some of the conditions for approval, especially those pertaining access to the site. He then questioned how the Com- mission can consider the Zoning Commission's recommended conditions when the applicant has indicated those conditions are not acceptable. Mr. Peach then raised various questions. Including why an Environmental Impact Statement has not been required; actual water usage for SCIMAT, and the percentage of water to be used from the City's system and from the well; and water rights for those on wells in the surrounding area. He then expressed concern about the fact that there is no master plan for the subject parcel at this time; and he feels one is needed before any spe- 04-10-89 - , .-- - ~ : .. ,'~ ~ jo"" ~. -5- cific applications are considered, rather than taki ng issues one step at a time. Mr. Peach continued to list the concerns and questions to which he has not re- ceived responses, including the possibility of future SID's in the area and the types of businesses that could be located in the buildings now being used for warehousing. In response to a question from Mayor Stiff, Mr. Peach indicated that he did not contact City staff concerning these questions during this past week. B rea k - 2: 35 to 2: 37 p. m . Mayor Stiff declared a break from 2:35 p.m. to 2:37 p.m., to allow an opportunity for him to discuss this issue with staff. Mayor Stiff Indicated to Mr. Peach that staff will respond to his various questions If he would pose them once again. I n response to the question of whether Section 76-2-305, Montana Code Annotated, applies in this instance, City Attorney Becker indicated that section applies only to amend- ments to zoning regulations, restrictions and boundaries, but not to conditional use per- mits or planned unit developments. In response to the issue of use of water, Planning Director Epple stated that Di- rector of Public Service Forbes has discussed the issues of water and sewage disposal with Mr. Hutcheson. He noted that Mr. Hutcheson plans to use the City's water system and sewer system, at least for the foreseeable future. He noted that at some time, he may wish to supplement his water u~age with water from the well. City Manager Wysocki noted that the water is clear when it enters the sewage dis- posal system. He then suggested that a portion of that water might possibly be diverted to the creek as a part of the City's ice reduction program. The City Manager then addressed the issue of percentages of use. He Indicated that Mr. Hutcheson must obtain authorization from Mr. Reid to use the water from the well in his operations. He further noted that if that usage causes problems for other well us- ers in the area, the issue must be resolved between those Individuals. In response to a question about the EIS, the City Manager indicated the staff did not find any reason to require that an EIS be completed for this proposed use. Mr. Peach then raised the issue of how this proposed use might affect his proper- ty values, noting that Is one question to which the City staff cannot respond. City Manager Wysocki then responded to a concern expressed by Mr. Peach about the step-by-step approach which the property owner has taken and his question about 04-10-89 , . 'A;. .. .~, ',_ ,. \' ~ ~ -6- whether similar applications might be anticipated in the future. He noted that this re- quested conditional use permit applies to Building No. 4 only. He stated that the appli- cant may seek a master plan for the entire parcel, which may provide some latitude in the uses of the site. He then indicated that if a desired use does not meet the existing zon- ing regulations or the guidelines set forth in the master plan, the applicant must go back through the process for the specific use requested. Mr. Charles Paden, 507 Ice Pond Road, noted that he was involved In the nego- tiations to which Mr. Craft referred. He then addressed the fundamental disagreement which caused them to not agree. He stated the information submitted by Mr. Craft includ- ed a request for authorization to modify the structures within the existing development. He noted that Included the provision that the buildings not exceed 45,000 square feet, in- dicating that those buildings might be 'used for mUlti-family residential use or as com- bination buildings, with warehouse space being located on the ground level and apartments located on the second level. Mr. Paden stated that this proposal is in violation of the ex- isting zoning regulations, which allow for no expansion of a nonconforming building or con- struction of new structures. Mr. Paden then cited Section 18.64.010A of. the Bozeman Municipal Code, as fol- lows: "Within the districts established by this title or amendments thereto there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance codified herein was adopted or amended, but which would be prohib- ited, regulated, or restricted under terms of that ordinance or future amendment. It is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this title that nonconfor- mities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. II Mr. Paden stated that Mr. Reid also did not agree with the residents' proposal to add a paragraph which would require the property owner to comply with all regulations for the RS-1, Residential--Suburban Country Estates, zoning designation. He then indicated that based on Mr. Reid's failure to agree with these two issues, he must continue to op- pose this application, noting that approval can be construed as a foot in the door for this type of development in the future. Mr. Paden then questioned the appropriateness of an RS-l zoning district within the city limits, suggesting that an R-3 or an R-2 would be more appropriate. Mr. Chuck Paden then submitted to the Commission a revised list of proposed con- ditions, if they choose to approve the application in spite of the opposition submitted by the neighbors. He noted that this revised list contains only three conditions, as opposed to the ten conditions he submitted at last w~ek's meeting. He then expressed concern that 04-10-89 04-10-89 ~.. ,.'.~' .;i .'" -7- ""',./!,,:;.,.''';. I. if .' A_ ; . )". iii .. ...' J- " -8- ig nation. Mr. Craft stated that the applicant is attempting to bring the uses on that site more into compatibility With the surrounding area through efforts such as this proposal. He then stated that he feels that to modify the buildings to include residential use could cause the development to be more compatible with the area. He reminded the Commission that any proposed use for the existing structures must go through the conditional use process, at least until a master plan for the site has been developed. Mr. Craft then addressed thel$sue of not allowing truck traffic on South Willson Avenue. He stated he would support inclusion of a statement that would prohibit the loop- ing of roads and that by so doing , would allow only residential traffic to use the South Rouse Avenue access to the site. Mr. Chuck Padenlndicated he would support a change in the wording in the counter- proposal which would require that development on the site would conform with the existing zoning. He then stated that he would support the applicant's seeking a change In zoning ". ' . designation for the parcel; however, he does not feel that seeking a modification to an ex- isting ten-year-old planned unit development is appropriate. Mr. George Roemhild, 417 Ice Pond Road , expressed concern about the proposal to possibly dump the heated water into Sourdough Creek, noting that the Department of Fish, Wildlife and Parks would probably object. Planner Dave Skelton reminded those present that this application is to change the existing nonconforming use of storage and warehousing to a nonconforming use which is equally or more appropriate, In this instance, a crystal manufacturing facility. He noted that, although a warehouse may have been vacant for a period of time, that Is still con- sidered the existing nonconforming use. Planner Skelton reminded the Commission that the Zoning Commission recommended approval, subject to thirteen conditions. He then distributed to the Commission a memo suggesting certain revisions to those recommended conditions. He then reviewed those recommended revisions, which were to: eliminate Condition No.3, modify Condition No.4, and install a new condition concerning the bridge on Ice Pond Road. He stated that staff does not feel It is appropriate to consider violations of the prior application under this ap- plication. He then noted that the applicant has submitted the necessary documents to en- sure that issues from the planned unit development, including screening along the build- ing, Improvements to the parking area, curbing and landscaping are addressed. Commissioner Vant Hull suggested that issue of ensuring no connection between Ice Pond Road and South Rouse Avenue and the issue of a water use permit be included in conditions for approval of this application. Planner Skelton stated It would be appropriate to include those proposed conditions 04-10-89 :.t '~ i. " .' ~... <. .' -9- for approval, as long as they refer only to this specific conditional use permit. Commissioner Vant Hull then suggested that Condition No. 4 be revised to include wording to prevent a looped roadway system from South Rouse Avenue to Ice Pond Road. Commissioner Martel questioned the need for added language, since the condition already specifies that South Rouse Avenue will remain closed to the public. Commissioner Goehrung asked If the intent statement in Section 18.64.010 Is to be considered In this decision-making process; Planner Skelton indicated it Is. In response to questions from the Commission, Planner Skelton indicated that the staff will review the improvements made to ensure that they comply with the conditions for approval of the planned unitdevetopment. He noted that plastic strips could be added to the 8-foot chain link fence which has been installed, noting that would provide the required screening. He then indicated that the 90-day time limit which applies to noncon- forming parcels does not apply to nonconforming structures. Planning Director Epple stated that it is the staff's understanding that none of the existing buildings is or has been vacant, even though they may not be rented. Commissioner Hawks suggested that Condition No. 4 be revised to include that ex- tension of South Rouse Avenue to the parcel will hinge on master planning of the entire parcel. Planner Skelton cautioned that conditions attached to this application must pertain to this application, not the status ,of a previous planned unit development or future master planning of the parcel. Commissioner Martel asked if Condition No.5, which requires an analysis of the traffic patterns for the entire site, would be more appropriate during master planning of the entire parcel. Planner Skelton responded that this analysis would help during review of the proposed master plan for the site. Planning Director Epple stated that the staff has suggested an added condition concerning the bridge on Ice Pond Road because the issue of large trucks has been raised, as well as the condition of the existing bridge. He noted that engineering review of the bridge would indicate whether it could handle large trucks, or If it must be im- proved or the traffic across it limited. Commissioner Vant Hull noted that in the application submitted for multiple use of the square footage of the warehouse space is listed at 46,000 square feet; however, in this application, it is listed at 60,000 square feet. Mr. Craft indicated that the footprints of the buildings total 46,000 square feet; however. when the mezzanine areas are added, the total square footage is 59,800. Commissioner Vant Hull Indicated that figure was only submitted verbally at the 04-10-89 J ....',~,~. .~. .,. t , . -10- Zoning Commission meeting and was not included anywhere in this application. City Manager Wysocki cautioned the Commissioner that figures from an application which never reached the City Commission for hearing cannot be used when considering this application for a conditional use permit. He then urged the Commission to use the 59,800- square-foot figures submitted under this application during its deliberations. I n response to a question from City Manager Wysocki on how Mr. Reid plans to de- crease the warehouse area by 25 percent, Mr. Craft noted that a portion of Building No.3 may be removed, noting that would include 7,500 feet on both the ground level and second level. He indicated, however, that the applicant requests flexibility In determining the 15,000 square feet of warehouse use which is to be removed, as opposed to referencing a specific elimination. Commissioner Vant Hull stated that in the Zoning Commission hearing on the multi- pie use request, Mr. Reid indicated that at the present time, an intensive use such as Mohawk Carpets warehousing, could be located on the site without any review process. indicated that approval of this subject application, with the condition that 25 percent of the existing warehouse space be eliminated within 90 days, would decrease the possible Im- pacts of heavy warehouse use. Mr. Craft then briefly reviewed the improvements which will be made to the site in conjunction with the planned unit development. He noted that the existing 8-foot chain link fence, when strips are inserted, will screen the existing 14-foot building better than the six-foot solid fence which was included in the conditions for approval. He then in- dicated that the applicant proposes to move that fence closer to the building, planting a tree screen outside it. He indicated that the neighbors support those proposed improve- ments; however, they were not included in the Improvements Agreement because that doc- ument had already been prepared. He then reviewed the new condition revisions as rec- ommended by staff, indicating he is in agreement wHh them. He noted that the applicant has already had an engineer look at the bridge to determine its structural status. I n response to a question from Mayor Stiff, Mr. Craft indicated the applicant has no problem with developing a master plan for the entire site. He noted that the previously requested multiple use designation for the site was withdrawn before it reached the City Commission public hearing because there was no provision on the zone code for that desig- nation. He then indicated that the master plan will take time to prepare, particularly since Mr. Reid's business is entering its busy season. He noted the original time frame was established at 180 days to the neighbors and 60 days to the City staff; and the neighbors countered with a proposal that the time frame be shortened to 120 days to the 04-10-89 ~~ ~,' ~ I ....'.. I ~ -11- neighbors and 30 days to the City staff. Mr. Craft then stated that the applicant did agree to the shortened 120 day/30 day time frame during their negotiations. In response toa question from Commissioner Goehrung . Mr. Craft Indicated he does not anticipate any requests for specific uses on this site prior to completion of the master plan for the entire site; however, one may be submitted. He noted if that use does not meet the existing nonconforming use of the site, It would be required to go through the conditional use process. City Manager Wysocki reviewed a proposed revision to Condition No.9, which would reflect removal of 15,000 square feet of warehouse space within 90 days after final site plan approval, per testimony submitted by the applicant's representative. The Com- mission concurred in that revision . . I n response to a question from Commissioner Martel, Mr. Paden reiterated that he would prefer denial of this application. He noted, however, that he is aware that the Commission may wish to approve the application; therefore, he has submitted three con- ditions which he would like to see attached to that approval. He noted these conditions will help to address the neighbors' concerns. He then stated that the issue of whether Building No. 4 was built in violation of the previously-approved planned unit development has not yet been addressed. City Manager Wysocki stated that In their packets, the Commission received a memo from the Planning staff dated April 7, 1989, along with a letter from Mr. Paul Griffin, Chemical Safety Officer at MSU, concerning hazardous materials and their impacts on the surrounding area; a memo from Commissioner Vant Hull concerning the multiple use appli- cation; and a letter dated AprilS, 1989, from Ms. Deborah Berglund, 803 South Church Avenue, submitting further testimony on this item. Mayor Stiff closed the pUblic hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung. Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Mayor Stiff stated appreciation for the appHcant's statement that he will submit a 04-10-89 ,< ...,~.... , ..... ",'. .> . -12- master plan for the entire site within a relatively short time frame. Commissioner Hawks stated support for approval of the application, Including the recommended revisions submitted by the Planning staff and possibly incorporating portions of those conditions submi;tted by Mr. Paden. Commissioner Goehrung suggested that impacts on the linear park should be con- sidered In the development of ' the master plan for the site. He noted it was not there when the planned unit development was approved; however, he feels it should be consid- ered in present and future planning. City Manager Wysocki noted that the language in Condition No. 8 as recommended by the Zoning Commission is stronger than the revised condition proposed by Mr. Paden. The Commission concurred that Mr. Paden's Condition No. 2 should be used, in a slightly revised state; however, they concurred that a portion of the existing Condition No. 8 should be incorporated in Condition No.4. The Commission then reviewed Condition No.9, concurring that a portion of Mr. Paden's No. 3 should be included in the condition; and the last sentence should be slightly revised to require removal of 15,000 square feet of warehouse space within a period of 90 days after final site plan approval. Commissioner Vant Hull resubmitted her proposed revision to Condition No.9, which she had submitted to the Commissioners at last week's meeting. as follows: "That the applicant bring his site into conformance with a new PUD application. The new pro- posal must reduce the impacts on the surrounding residential areas to a level compatible with the character of the single-family neighborhoods which surround the site on the North, East and West; and that the traffic impacts must be lessened to be compatible with the streets to be used." Commissioner Hawks concurred that the proposed condition is stronger; however, he noted that development other than single-family residential surrounds the site. He stated that a balance considering all surrounding developments, including the linear park and the R-3 developments, must be taken into consideration, not just one type of. develop- ment. A majority of the Commission concurred. Commissioner Goehrung expressed concern about the possibility of the decreased warehouse space becoming more intensely utilized, thus causing greater impacts than the existing development does. He then suggested the Commission may wish to include in the conditions a ceiling on the average daily trips allowed. City Manager Wysocki reminded the Commission that testimony has indicated that the proposed use may increase.. the passenger car travel to the site; however, the amount of truck traffic will be decreased from the level possible at the present time. He then cautioned the Commission against "changing the rules of the game" at this point in the 04-10-89 " .;I>. .....~ . .... l , : -13- process. Commissioner Vant Hull stated she does not feel the proposed conditions adequately address the single-family development surrounding the subject site on three sides. Mayor Stiff asked if the applicant is willing to accept the conditions as revised; Mr. Craft stated "yes". Commissioner Hawks stated support for approval of the application with the con- ditions as revised. Commissioner Goehrung stated that, even with the proposed conditions In place, he is not convinced that this proposed change from one nonconforming use to another noncon- forming use will decrease the traffic impacts; therefore, he will vote against approval of the application. He further indicated that he had requested that the applicant and resl- dents come back to this meeting with a proposal to show that they are in agreement. He noted that they have shown some agreement at this meeting; but they have not shown enough agreement to satisfy him. Commissioner Vant Hull stated she shares the same concerns; however, she in- dicated that she will vote for approval. She also expressed concern about not specifically addressing the single-family residential development surrounding the site on three sides. Mayor Stiff indicated he will support approval of the application, noting that he feels the applicant has received adequate expressions of concern for him to address the issues. Commissioner Martel stated support for approval of the application, with the revised conditions. He noted those conditions address the concerns expressed by area residents; and meeting those conditions should result in less impact on the area. Also, the applicant has made a commitment to proceed with master planning of the entire parcel. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Hubert M. Reid to allow Tract A, Certificate of Survey No. 1329, to be leased to "SCIMAT", a high-tech crystal manufacturer, subject to the following conditions: 1 . That the final site plan provide the information identified in the staff report and that it comply with Section 18.52. 130 of the Bozeman Municipal Code; 2. That the applicant submit a narrative addressing the concerns of the City Fire Marshal and that it be reviewed and approved by the Fire Marshal prior to final site plan approval; 3. That South Rouse Avenue remain closed to public and private ac- cess with no through access to Ice Pond Road permitted during the lifetime of thi$, Conditional Use Permit, or until a proposal for fu- ture master phimninganddevelopment of the 6. 9-acre complex, in- cluding establishment of development standards as a method of im- plementing compatibility with the surrounding area, is approved by the City; 4. That an analysis of traffic patterns to and from the site for the en- 04-10-89 ,~.. 'J, . . "-. ~ : , . " -1LJ.,.. tire property be submitted for review and approval by the Director of Public Service prior to ftnal site plan approval; S. That .a'dr~i.nage plap Incorporating oil and sediment removal be sub- mitted fot.reviewand approval by the Director of Public Service prior to final site plan approval; 6. ihat"SC IMAi" submit documentation that their processes do not r~su!t In vIOlations.,of th, City's I n(justrlal Pretreatment standards for dJscharges into thesan'tarysewer system prior to final site plan approval ; . . 7. That the City'requ'lre that all violations of the existing PUD and any . otherag~eementsln force between Mr. Reid and the City of Bozernanbe corre~ted'thf'OU9h the execution of an Improvements Agreement and associated letter of credit; 8. Thatlh-e appllcan.tagree to reduce the impacts on the surrounding residential, area by eliminating a' grandfathered nonconforming use in another strupture "which generates the same or more of an Impact thap'the proposed crystal manufacturing facUlty based upon one of the followlngcriterfa: square footage, number of employees, park- ingrequlrements.f'trip generation or hazardous materials. Approval ofthisappJication does not recognize the expansion or prolongation ofano'nconformlng USe but rather that the intent of passage is to comply with Sections 18.64.010A and 18.64.0S0D, E and F of the Bozeman MunftJ.patCode regarding cessation of nonconforming uses. Proposals by the applicant to reduce the impacts on the surround- ingsrea )\1111 includethe'rernoval of 15,000 square feet of warehouse space within .90. days, after final site plan approval; Thattheapp,llt;antpresel"ltto the Director of Public Service, within 30 days pfffnal,sitep~r\approvaJ, a structural analysis of the Ice Pond Rejad'brigge, prepared and certified by a licensed professional engineer, with. recommendations regarding load limits and/or needed structural impro.vements'. Applicant must comply with said report by,:,fnstalling ,all necessary improvements or by limiting traffic ac- c8rdihgl y; 10. Tflreecopiesof the finai'slte pJan containing all the conditions, corrections ,and modlf:icatlons approved by the City Commission shaUbe su~I*~edfor,.evlewand approval by the Planning Direc.tor within six monthsl)f the'date--of City Commission approval. A final site plan must be approved prior to the issuance of a building per- mit or business U~ense for the project, or commencement of the use. One signedcopy,shallbe retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 11. If improvemehts~re not installed prior to final site plan approval, theappUcant shall enter Into an. Improvements Agreement with the City. Detailed cost estimates ,construction plans, and methods of security shall be mad~,a part of that Agreement; 12. If occupancy of the structure or commencement of the use is to oc- cur prior to installatienof the Improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the cost of the scheduled improvements; 13. All on-site improvements shall be completed within 18 months of fi- nal site plan approval of the Conditional Use Permit. The Condi- tional Use Permit shall be valid for a period of 18 months following approval of the final site plan. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions In the granting of the permit. An on-site Inspection will be maaf:!8nd.arep()rtmade to the City Commission for their action. I falfrequlredconditions have been satisfied, the permit wi II be permanently r~newed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, ComtY1j~sioner Martel and Mayor Stiff; those voting No be- 04-10-89 ~. . ~ , . " -15- ing Commissioner Goehrung. Staff report - proposed zone code amendments for M-1 districts City Manager Wysocki submitted to the Commission a memo from Planning Director Andy Epple providing three options for Commission consideration. He then suggested that the Commission acknowledge receipt of the memo, and possibly direct the Planning staff to proceed with a text amendment for one of the options. Planning Director Andy Epple reviewed the three options contained in the staff's memo, as follows, noting this is informational only: 1. Insert the following language from the existing regulations for the M-2 zoning district in the supplemental regulations so that It applies to all zones: No use shall be permitted which causes excessive noise, vibration, smoke, dust, or other particulate matter, toxic or noxious matter, humidity, heat or glare which extends beyond the lot boundaries of the specific use. "Excessive" Is defined for these purposes as a de- gree that could be observed by the Zoning Administrator and de- termined to be offensive, or a degree deemed by the State Health Department to be injurious to the public health, safety, or welfare of the residents of the area. 2. Add a section to the Nonconforming Lots, Uses and Structures section of the Zoning Code which "would allow for maintenance, expansion, or recon- struction of residential dwelling units where such units are nonconforming uses, provided that such maintenance, expansion, or reconstruction does not increase the number of dwelling units on a given lot." This section could apply to all com- mercial and industrial districts, except the M-2 zones; it could apply to the M-1 districts only; or it could be applied across-the-board. 3. Implement a new section on Industrial Performance Standards In the Zoning Code. The Planning Director reminded the Commission that this Issue was discussed at the Commission meetings of February 6 and February 13. He noted that as a result of those discussions, the staff was directed to bring back options for Commission consid- eration; and those options are listed above. He indicated that acceptance of any of these options will require a zone code amendment; and the staff must be directed to proceed with any amendment. The Planning Director then stated that, based on previous testimony received, the first option seems to be acceptable to the community. He noted that the second option would not be treated favorably by the manufacturing community. He indicated that this option would apply to all housing within a district, including multi-family structures as well as single-family structures. Commissioner Vant Hull suggested that the language be changed to stipulate that 04-10-89 04-10-89 1'_ .' -16- it would allow for maintenance, expansion, or reconstruction of single-family residential dwelling units; Planning Director Epple concurred. Commissioner Martel expressed concern that such an addition would not allow for maintenance of the nonconforming apartment structures, which could result in disrepair of those units. Commissioner Vant Hull responded that maintenance would still be allowed; howev- er, expansion or rebuilding after a catastrophic occurrence would not be. Mayor Stiff expressed concern about approving a zone code amendment which would perpetuate a nonconforming use. He indicated that he has no problems with maintenance of an existing structure; however, he does have problems with the possibility of expansion or reconstruction. Planning Director Epple stated the staff supports the possible Implementation of Option No.1; however, he noted they also have reservations about Option Nos. 2 and 3. He also questioned the Implementation of a sweeping change in the Zoning Code at the pres- ent time, especially since the ad hoc committee is in the process of seeking a consultant; and rewriting of the Zoning Code seems to be imminent. Commissioner Hawks asked if the items listed in Option No. 1 could be identified In some manner. The Planning Director indicated they could be. He then noted that this section purposely avoids any reference to specific standards, since that would then involve the purchase of specialized equipment as well as training and certification of staff members to operate said equipment. Planner Dave Skelton reviewed the memo concerning performance standards as well as the partial' preliminary draft which he had included for Commissioner review. He noted that the draft was only to give the Commission an idea of how they would be structured, encouraging them to consider the issue in concept only, not specific details contained in the document. The Planner then stated the concept of performance standards is to develop regu- lations which encourage compatibility of uses as well as provide for enhancement of the surrounding area and the community. He stated that Industrial performance standards are used throughout the country; and this draft reflects a compilation of several of those doc- uments. He then indicated that he prefers to avoid attaching a numerical value to each of the standards, noting that can make evaluation of the various elements more difficult. He noted, however, that he did include the customary numerical standards on those proposed for noise and smoke. Commissioner Martel asked if industrial standards would be established particularly for Bozeman or if a model would be used. . '<< " .. -17- Planner Oave Skelton stated that this document is based on models; however, if industrial standards were developed, they would be specifically for Bozeman. The Commissioners then asked several specific questions about the draft Industrial performance standards; and Planner Skelton reminded them that this is a conceptual dls- cussion rather than one on specific issues. Commissioner Vant Hull raised the Issue of allowing large trucks to run all night in an industrial zone, especially when that zone is adjacent to a residential zone. City Attorney Becker responded that is an issue outside the Zoning Code; there- fore, it should be addressed outside this process. He then indicated that he has received a copy of an ordinance from the City of Missoula which prohibits running of large trucks in a residential area, noting that ordinance is under their traffic section. Commissioner Vant Hull then suggested that the issue of combination uses, such as fireworks and plastic flowers, where a fire could cause toxic gases, be addressed in this type of document. Planner Skelton responded that is an issue to be addressed by the Fire Marshal. I n response to a question from Commissioner Martel, the Planner responded that even though an action may be prohibited under these guidelines, there is also provision for issuance of a permit, which overrides that prohibition. Commissioner Hawks asked if the Commission should consider moving forward with this type of process, in anticipation that the City may decide to Implement performance standards at a later date. Planner Skelton stated that, according to the "request for qualifications" for a consultant, it appears that the Zoning Code and the Master Plan will be restructured. He stated that development of performance standards prior to that process could help in that revision process if the performance standard concept is utilized. He then indicated that any action by the Commission on this concept will let the consultant know how they feel about it. Planner Dave Skelton cautioned the Commission that it will take a considerable amount of time to develop a set of performance standards for Commission consideration. Commissioner Hawks then questioned the need to proceed with Option No.1, espec- ially since it will probably take ninety days to complete the process and for the amendment to become effective. Planner Skelton reminded the Commission that this process could be completed in substantially less time than development of performance standards; Planning Director Epple concurred. The Planning Director then reminded the Commission that if performance stan- dards are developed, they will apply to the operation of any business or activity anywhere within city limits. 04-10-89 Ii, '~ ~ '. -18- Commissioner Martel also questioned the need to proceed with any of the options, since the consultant will probably have his work completed within six months. Commissioner Vant Hull noted that to move forward with Option No. 1 will make the consultant's work easier. She then Indicated support for directing the staff to proceed with that option, including reference to the combination of uses. Planning Director Epple stated he foresees that the establishment of performance standards could have a negative Impact on existing businesses. Mayor Stiff concurred, noting It was a very good idea to develop those standards for the Tech Park, where there were no existing businesses and all new businesses were required to meet those standards. He suggested under performance standards, that only about 80 percent of existing busi- . ~ ness would be in compliance, according to Information received from the staff prior to this meeting. He cautioned that .such standards could be very hard on existing businesses. Mayor Stiff stated' support for moving forward with Option No.1, since that ap- pears to be an oversight in the Code. The Planning Director stated a basic: tenet of the ad hoc committee will be to de- velop objective performance standards. He suggested that any work performed by the staff could alleviate some of the workload for the consultant. He then indicated that de- velopment of performance standards should eliminate the need for the conditional use pro- cess, since all applications would be reviewed, in light of the performance standards. Planner Skelton stated that the implementation of performance standards would avoid one business being required to go through the conditional use process while a very similar one requires only parking and landscaping review. The Commissioners then briefly discussed which, if any of the options, should be implemented at this time, and whether they should vote on each of the three options. It was determined that action should be taken only on Option No. 1 at this time, since a ma- jority of the Commission wishes more time to review Option Nos. 2 and 3 prior to taking any action. Commissioner Vant Hull then requested that discussion of those two options be placed on the April 24 agenda. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission acknowledge receipt of the staff report and ask the staff to proceed with the necessary steps to enact Option No.1, including the language In the intent sec- tion for the M-2 district under the supplementary regulations so it applies to all zoning districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Sti ff; those voting No. none. 04-10-89 -. .... ;. .... "" r. " -19- manner 0 City Manager Wysocki presented Commission Resolution No. 2745, as reviewed by the City attorney, entitled: COMMISSION RESOLUTION NO. 2745 RESOLUTION RELATING TO THE MUNICIPAL WATER SYSTEM, CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF THE MONEYS DERIVED THEREFROM AND DEFINING THE TERMS AND MANNER OF PAYMENT OF WATER SYSTEM REVENUE BONDS AND THE SECURITY THEREFOR. The City Manager stated this resolution pertains to refunding of the Water System Revenue Bonds. He then recommended that the Commission adopt Commission Resolution No. 2745. Commissioner Martel noted the City will realize approximately $1.3 million after the 1982 Water System Revenue Bonds have been paid; however, the documents refer to $1 million in water system Improvements. He then asked about the difference between those two figures. City Manager Wysocki stated that the remaining monies are to cover the costs of this issuance, such as the legal opinion, closing of the bond issue and printing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2745, pertaining to the Water System Rev- enue Bonds. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No. none. City Manager Wysocki submitted to the Commission a copy of the escrow agreement for refunding of the outstanding Water System Revenue Bonds, Series 1982. He then rec- ommended that the Commission authorize him to execute this agreement. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize and direct the City Manager to execute the escrow agreement be- tween the City and First Trust Company of Montana for refunding of outstanding Water System Revenue Bonds, Series 1982. The mo.tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. 04-10-89 . ,'",,,, .~,"".",~ .. ~ ...: ~', ;,. ,~ ~ ~~": -20- the sale of various Valle Unit lots, which City Manager Wysocki presented Commission Resolution No. 2746, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2746 THE COUNTY TREASURER'S ASSIGNMENT CERTIFICATE RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CONFIRMING THE SALE OF VARIOUS VALLEY UNIT LOTS, WHICH SALE WAS HELD ON MARCH 16, 1989. The City Manager stated that this resolution Is required by statute following a public auction of lots. He then recommended that the Commission adopt Commission Reso- lutlon No. 2746. Commissioner Martel asked If Paragraph No. 3 should make reference to a financing agreement or stipulate the terms of the financing. City Attorney Becker indicated that the resolution, as submitted, is appropriate. He noted that it does not negate any other documents which have been executed in con- junction with the sale. He indicated there is no need to refer to those documents execut- ed, since this resolution only confirms the sale of the lots specified. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2746, confirming the sale of various Valley Unit lots, at the auction sale which was held on March 16, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1279 - repealing Ordinance No. 1080 City Manager Wysocki presented Ordinance No. 1279, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1279 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING ORDINANCE NO. 1080. The City Manager stated this ordinance repeals Ordinance No. 1080, which estab- lished sewer rates. He indicated that previously, sewer rates were established by ordl- nance while water rates were established by resolution. He noted that repealing of this ordinance, followed by adoption of Commission Resolution No. 2748, below, will result in the desired change in procedure for establishing sewer rates. The City Manager then rec- ommended that the Commission provisionally adopt Ordinance No. 1279, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that 04-10-89 ".~._,~.'~- '. ;'~:.. , ..., ~'~^;.~,~:f ... -21- the Commission provisionally adopt Ordinance No. 1279, repealing Ordinance No. 1080, and that it be brought back in two weeks .forfinal adoption. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Ooehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. rates for water char es (effective Ma 1, City Manager Wysocki presented Commission Resolution No. 2747, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2747 A RESOLUTION OF THE CITY COMMISSION-OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES. FOR WATER CHARGES FOR THE CITY OF BOZEMAN. The City Manager:statecf this is the final step in establishing the 7-percent in- crease In the rates established for water charges, effective on the May 1, 1989 bi lIing. He then recommended that the Commission adopt this resolution. Commissioner Hawks requested a Commission update on how the rates are set for ):, . .', the various classes of users and the justifications therefor. The City Manager stated that the existing rate structure was established by the Public Service Commission. He then suggested that the Commissioner contact the staff if he wishes a full descriptionof.the rate s'tructure. Commissioner VantHull.sugges,ted that the City may wish to carefully consider possibly increasing the unmetered'ratesmore during the next rate increase, particularly since those services seem to use more water.than metered accounts. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2747, establishing the rates for water charges to be effective on the May 1 ,1989 billing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant HuH and Mayor Stiff; those voting No, none. rates for sewer rental char es (effective Ma City Manager Wysocki presented Commission Resolution No. 2740, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2748 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHiNG RATES FOR SEWER RENTAL CHARGES FOR THE CITY OF BOZEMAN. The City Manager recommended.that the Commission adopt this resolution, noting 04-10-89 , !Il ...1> ,;'"f. , .''It 9.....,;. . -22- this is the final step in increasing the sewer rates by 12 percent, effective on the May 1, 1989 billing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission adopt Commission Resolution No. 2748, establishing rates for sewer rental charges to be effective on the May 1 , 1989 billing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Appolritmentof subcommittee to review Pledged Securities as of March 31, 1989 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State Statute. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that Commissio.ner Martel and Mayor Stiff be appointed to review the pledged securities as of March 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Authorize Commission to sign letter of request for operational change in lane movements on South 19th Avenue at West ~ain Street City Manager Wysocki reminded the Commission that Commissioner Martel had re- quested this item be removed from the Consent Items . Commissioner Martel indicated he had removed this item from the Consent Items be- cause he feels it is important to have overhead signs to Indicate the turn lanes as well as arrows painted on the pavement, since the snow covers the paint during a substantial portion of the winter. The City Manager indicated that is a part of this request for an operational change in the lane movements , for the reason Cited by the Commissioner. He noted It has been effective in other parts of the country. Commissioner Martel suggested that the word "only" be painted In both lanes, rather than just the one as shown on the proposed drawing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission sign the letter of request to the State Highway Department for an opera- tional change in lane movements on South 19th Avenue at West Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 04-10-89 "'''\'1''1', -23- Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Infor- mation" items. (1) Letter from the Beall Park Arts Center concerning a seminar on liThe Fun- damentals of Endowment Development" to be held at the Center on May 6. (2) A letter from Helen Kerr inviting the Commissioners to attend a meeting at the Library hosted by the Friends of the Gallatin Libraries tonight at 7: 30 p. m. (3) The City Manager stated that the Interagency Breakfast will be held at 7:00 a. m. at the Baxter on Wednesday, April 19, rather than this Wednesday. He noted that those in attendance may see some of the initial work done through the Charrette process on the Centennial Mall, as prepared by MSU. (4) Commissioner Hawks stated he has received notification that Sweet Pea has awarded $5,500 on the City's appl ication for monies toward the beautification project. He indicated that is sufficient monies to cover a one-quarter time coordinator position for this year. The City Manager noted that the award is different from the amount applied for; therefore, the City must "review the program and funding sources once again, making the necessary adjustments. (5) A summary of the Commissioners' goals and the votes they received at Wednesday's meeting ,along with a summary of the top priority goals which will be dis- cussed on Saturday, April 15. (6) The City Manager reminded the Commission of the goal setting session to be held at 10:00 a.m. on Saturday, April 15, In the Enterprise Room at the Bozeman Inn. He noted the session Is anticipated to end around 3:00 p.m. Consent I terns City Manager Wysocki presented to the Commission the following Consent Items. on South It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being'Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. 04-10-89 .. "" .t- ,.0 .",. -24- Adjournment - 6:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 04-10-89