HomeMy WebLinkAbout1989-05-08
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN , MONTANA
May 8, 1989
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The Commission of the City of Bozeman met in regular session In the Commission
Room, Municipal Building, May 8, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis-
sioner 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.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes
It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that
the minutes of the regular meeting of May 1, 1989, be approved as amended. 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.
law
This was the time and place set for the decision on the Conditional Use Permit re-
quested by the Advanced Technology, Inc. to allow a professional law office to locate in
the Advanced Technology Park. The subject site is described as Lot 1 of Block 1 in the
Advanced Technology Center Subdivision, located in the northeast one-quarter and the
northwest one-quarter of Section 14, Township 2 South, Range 5 East, Montana Princi pal
Meridian, and is more commonly known as 910 Technology Boulevard.
City Manager Wysocki reminded the Commission that the public hearing on this item
was conducted at last week's meeting. He then submitted to the Commission a copy of a
letter of response from Mr. Roger Flair to City Attorney Becker dated May 2, 1989, con-
cerning the deed from Montana State University to the Endowment and Alumni Foundation.
He noted that deed does contain a covenant which states:
The property will be used for advanced technology projects, research-
oriented developments and complementary light manufacturing together with
appropriate retail and professional support facility compatible with the overall
purposes and goals of the technology park, the area of such retail and pro-
fessional support facilities in cumulative total not to exceed ten (10) percent
of the area of the property.
The City Manager stated the letter further indi'cates that the restrictive covenant
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applies to the property and, therefore, under statutory provisions, "runs with the land".
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He then suggested that this covenant be applied to the entire development as a whole,
rather than trying to maintain that percentage within each phase of the development. He
noted there may be times, when the percentage rises above the 10 percent; however, he
noted the percentage will then be adjusted downward with the addition of a new phase.
City Manager Wysocki then reminded the Commission that approximately six acres of
this parcel is zoned B-1, Neighborhood Business, in anticipation of this type of develop-
ment. He noted that subsequent to that action, the Commission approved a zone code
amendment to allow professional offices as a conditional use in the TR, Technology Re-
search, District. He indicated that this application has been filed under that provision of
the zoning regulations.
City Manager Wysocki then recommended that the Commission approve this applica-
tion for a Conditional Use Permit, subject to the four conditions as recommended by the
Planning staff.
It was moved by Commissioner Vant HuH, seconded by Commissioner Martel, that
the Commission approve the Conditional Use Permit requested by the Advanced Technology,
I nc. to allow a professional law office to locate in the Advanced Technology Park, subject
to the following conditions, as recommended by the Planning staff:
1 . The applicant, Advanced Technology Incorporated, shall apply to the
City-County Planning Director for a modification to Section 1.7.2.2 of
the Development Manual for the Advanced Technology Park to include
Professional Offices as a listed permitted use within the TR District
prior to final site plan approval;
2. The final site plan shall include a description of the area of the sub-
ject building to be occupied by the proposed use. It shall also in-
clude the location, quantity, and type of trees which were installed in
place of the Lilac bushes at the south side of the existing parking lot
and the additional 9' X 18' landscaped island at the south side of the
parking lot;
3. Three (3) copies of the final site plan, containing all the conditions,
corrections and modifications approved by the City Commission, shall
be submitted for review and approved by the Planning Director within
six months of the date of City Commission approval. One signed copy
'shall be retained by the Planning Department, one signed copy re-
tained by the Building Department and one copy retained by the ap-
plicant;
4. The conditional use permit shall be valid only for a period of 18
months following approval of the final site plan. Prior to the perma-
nent 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 made and a report made to the City Commis-
sion for their action. If all required conditions have been satisfied,
the permit will be permanently granted.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor
Stiff; those voting No, none.
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City Manager Wysocki reminded the Commission that this request for classification of
use submitted by I nter-Mountain Laboratories, Inc., to allow a laboratory as a permitted
use in the B-2, Community Highway Business, District was considered at last week's meet-
ing; however, it was continued until this week to allow an opportunity to respond to
questions raised by Commissioner Vant Hull. The City Manager then distributed to the
Commission a memo from the Planning staff dated May 4, 1989, along with a letter from Mr.
Jack Felkey, Inter-Mountain Laboratories, dated May 4, responding to the questions
raised.
The City Manager reminded the Commission that their alternatives include determin-
ing that the use is the same, or so similar so as to be interpreted the same, as one or
more listed permitted uses in the district; determining that the use is the same, or so sim-
ilar so as to be interpreted the same, as one or more listed conditional uses; or determine
it is not similar to any listed permitted or conditional uses and direct staff to proceed with
a zone code amendment to allow it as a listed permitted or conditional use in the B-2 dis-
trict.
Commissioner Vant Hull thanked Mr. Felkey for the letter, noting It answered her
questions. She then asked If approval of this request would allow any laboratory to locate
in the B-2 zone. She indicated that she feels this laboratory use would be appropriate,
but noted there are others that would not be appropriate in a commercial zone.
Commissioner Goehrung concurred that this particular laboratory would be appro-
priate In the B-2 zone; however, he noted those which conduct animal experiments would
not be appropriate ina commercial zone.
Planner Tom Sheely stated that approval of this request, to classify a laboratory as
a permitted use in the B-2 zone, would allow any type of laboratory to locate in that zone.
He noted that as the code currently exists, it does not distinguish between the various
types of laboratories.
Commissioner Vant Hull suggested that language be added to the zone code to spec-
ify that this type of laboratory is permitted In the B-2 zone, without allowing all labo-
ratories to be in the district.
Planner Sheely stated the most appropriate way to address the issue would be to
direct staff to prepare a zone code amendment which sets forth the criteria or limitations
on the types of testing or materials that can be done within a laboratory located in the
B-2 zone.
Commissioner Hawks asked If the proposed laboratory use Is the same as, or so sim-
ilar so as to be interpreted the same as, one or more of the listed permitted uses in the
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-B-2 zone.
City Manager Wysocki stated the Planning staff has indicated they are not comfort-
able with making that determination; therefore, this request is before the Commission.
Mr. Jack Felkey, Inter-Mountain Laboratories, Inc., stated it is difficult to tie this
proposed use to any of the listed permitted or conditional uses in the B-2 zone. He then
briefly reviewed the type of laboratory work they do, noting it is a closed loop system.
He stated that the samples which they analyze are returned to their clients; and the sol-
vents and materials they use are recycled as much as possible. He indicated there is very
little waste generated in their operation.
Mr. Jay Stender, representative from the corporate headquarters of Inter-Mountain
Laboratories In Sheridan, Wyoming, stated that their firm is currently negotiating with Mr.
Flair for a possible location in the Tech Park. He noted, however, that they feel the lab-
oratory meets the Intent of the B-2 district and would like the option of locating in that
zoning district if a good location is available.
Mr. Stender characterized their business as environmental monitoring, noting one
company for which they worked was Sohio Petroleum on their Bridger Canyon project. He
Indicated they have been in operation for ten years; and they must operate under the
EPA, MSHA and OSHA regulations. He indicated that they have had no violations from
any of those agencies. He stated that the health of their employees is important.
Mr. Stender then indicated this request has been submitted to the Commission so
they know in what area of the community they may locate, since they are considering ex-
panding their operations into Bozeman.
Commissioner Hawks asked what their anticipated timeframe is for locating in
Bozeman, questioning whether the Commission could respond in a timely manner if a zone
code amendment is determined necessary.
Mr. Stender indicated there Is no urgency. He stated that at the present time,
they are strictly trying to determine the process which must be followed if they pursue a
Bozeman location. He then noted there are several classifications of laboratories; and they
are classified as a commercial testing lab. He noted that category includes a wide variety
of fu nctions .
Commissioner Martel stated he feels the Intent of the B-2 zone is broad enough in
its scope to allow this particular laboratory. He then suggested that the listed permitted
uses of "research and development institutions" and "uses customarily accessory to those
listed herein" would accommodate this use.
Mayor Stiff expressed concern that to tie this requested use to an existing listed
use could cause problems by allowing less desirable laboratories in the B-2 zone.
Commissioner Goehrung Indicated he would prefer to direct the staff to review the
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issue, submitting information back to the Commission on which types of laboratories would
be appropriate in the B-2 district and which may not be.
Commissioner Hawks stated he feels it is important to establish guidelines on which
types of laboratories would be acceptable as permitted uses and which may require condi-
tional use review.
Commissioner Martel stated some laboratories may require an industrial zone rather
than a business zone. He noted that to address the various laboratories could take a sub-
stantial amount of time and work. He then indicated the issue before the Commission at
this time is a classification for Inter-Mountain Laboratories.
City Manager Wysocki reminded the Commission that the TR zone has been estab-
lished for this type of operation.
In response to a question from Commissioner Hawks, Planner Sheely indicated the
staff could prepare criteria which would distinguish between different types of laboratories
for Commission consideration.
It was moved by Commissioner Martel that the Commission determine that the re-
quest submitted by Inter-Mountain Laboratories, Inc., is the same as, or so similar as to
be interpreted the same as, "technology and research" or "professional offices", which are
listed permitted uses in the B-2 zone. The motion failed for lack of a second.
It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that
the Commission direct staff to prepare a report establishing criteria for those laboratories
which would be permitted in the B-2 zone and those which would be conditional uses in the
B-2 zone, in preparation for a zone code amendment. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks,
Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Martel.
Mayor Stiff Indicated to the applicant that this action is not for or against the re-
quest for classification of use; however, it establishes a process under which the Commis-
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sion can adequately address the issue.
I n response to a question from Mr. Stender, Planner Sheely stated the zone code
amendment can be submitted to the Zoning Commission for consideration at their June 27
meeting, after which it will be submitted to the City Commission for action.
for installation of sidewalks alon the west side of
City Manager Wysocki submitted to the Commission a memo from Director of Public
Service Phill Forbes requesting clarification of whether sidewalks are required along the
west side of South 17th Avenue, which extends into the Cedar Winds Planned Unit
Development. He reminded the Commission that in June 1988, the Homeowners' Association
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Nicara ua, as a
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encouraged the Commission to adopt Sister Cities in countries whose success and freedoms
we wish to emulate, rather than In countries where failures and repressions predominate.
Mr. John Nehring then requested that the Commission reconsider this issue and re-
scind their previous decision.
Mrs. Cleora Lodge, 714 South 16th Avenue, indicated she had prepared a written
statement; however, she stated she will not read it because it may be construed as inflam-
matory. She noted this is an Inflammatory Issue because of its nature. She then indicat-
ed concurrence with Mr. Nehring's statement.
Mrs. Lodge stated she feels the request for designation of Rivas, Nicaragua, was
brought through the back door; and the Commission acted on it without having a policy In
place. She then indicated that she discussed this issue with many of the people in her
neighborhood; and they all indicated concern about and opposition to such a designation.
Commissioner Goehrung stated that this type of forum may not be the best in which
to discuss this issue. He then indicated a willingness to discuss it in a one-on-one type
of setti ng .
City Manager Wysocki stated he submitted a note relating a telephone call of oppo-
sition from Ms. Pamela Jones, 100 Erik Drive, received after the beginning of the Commis-
sion meeting.
Break - 3:00 to 3:05 p.m.
Mayor Stiff declared a break from 3:00 p.m. to 3:05 p.m., in accordance with Com-
mission policy established at their regular meeting of March 14, 1983.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Informa-
tion" items.
(1 ) I nvitation from the City of Belgrade to the Commissioners to attend a meeting
at 7:00 p.m. on Thursday, May 25, regarding cooperation against drug problems. The
City Manager indicated that someone from the Police Department wi" be in attendance at
that meeting.
(2) Invitation to attend a meeting of the Board of Di rectors of the Chamber of
Commerce at 6:45 a.m. on Tuesday, May 16, for the purpose of discussing the 1989 legis-
lative session and the upcoming special session.
(3) A copy of the brief in response to the claim submitted by Three Rivers Dis-
posal, as prepared by Barry G. O'Connell.
(4) Agenda and packet for the City-County Planning Board meeting to be held at
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7:00 p.m. on Thursday, May 11, 1989.
(5) The City Manager distributed to, the Commission copies of an article which
appeared in the High Country/Independent Press stating that Free Dump Days were April
29 and May 6, with no distinction between resident/non-resident and commercial/non-
commercial. He noted this article created a large amount of unanticipated traffic to the
landfill; and that resulted In the largest gate fees received. He then indicated that a
copy of the proclamation and a copy of the Chamber of Commerce newsletter have been
sent to the newspaper, since that was purportedly their source of information.
(6) The City Manager indicated that he has been conducting budget meetings
with the various department and division heads this past week and anticipates they will be
concluded in the next two weeks.
(7) The City Manager reminded the Commission of the Interagency Breakfast to
be held at 7: 00 a. m. on Wednesday, May 10, at the Baxter.
(8) The City Manager announced that the Beautification Committee will meet at
5:00 p.m. on Tuesday, May 9. He Indicated he will be in attendance; and Commissioner
Hawks plans to attend as well.
(9) Clerk of the Commission Sullivan thanked the Commission for the flowers sent
in observance of Municipal Clerk's Week.
(10) Commissioner Hawks submitted to the Commission copies of an article entitled
"Don't Take it to City Hall". He noted this article addresses the emergence of homeown-
ers' associations, which are taking over large segments of new developments in larger com-
munities. He noted the regulations imposed by those associations are generally much
stricter than the zoning regulations in those communities.
(11) Commissioner Vant Hull submitted to the Commission a copy of a news article
about a developer who was required to slash twelve floors off his new high rise building.
She suggested the Commission may be able to rectify past mistakes through this type of
process.
(12) Commissioner Vant Hull then noted the Commissioners have received a letter
from Ms. Marjorie Lutes requesting that sidewalks be installed along North 17th Avenue.
She then suggested that the Commissioners contact Director of Public Service Phill Forbes
with the public input they have received about those streets where sidewalks are needed.
Commissioner Hawks noted the Commission had previously received a letter from an-
other individual requesting that sidewalks be installed along North 17th Avenue.
(13) Commissioner Vant Hull encouraged the staff to proceed with purchasing
pooper scoopers as quickly as possible. She noted they can be distributed during the
summer census of animals. .
(14) Commissioner Vant Hull submitted to the Commission a memo, along with at-
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t~chments, concerning nextweek1spublic hearing on LeClair's application for a Conditional
Use Permit. She expressed cc>ncern ,about the manner in which the height of buildings is
determined, particularly 'when steep roofslQpes are involved. She noted that under the
current process, a 39.5-foot hlghroof peak can be constructed in a zone where the height
restriction is 24 feet. The Commissioner also Indicated she feels the Recreation Advisory
Board should be given an opportunity-to review this type of application before the City
Commission takes action.
(15) Commissioner Vant Hull stated that a conversation with Mrs. Shirley Sedivy
revealed that she is anxious for the City to protect the handicapped parking stalls in the
downtown area. She noted that painting the eurb blue and posting a sign which indicates
the,$50firtecouldhelphi addressing the issue. She also noted that to raise the fine for
parking over twoho_urs from $2 to $3 could cause employees to move their vehicles rather
,thanJe.~ving>them parked In one space for all day. She indicated that the additional reve-
i:'tu",e~e:ould also aliow the City to patrol the parking on a full-time basis rather than the
Discussion - fifth Monday discussion
" Mayor Stiff noted that, per one Of the Consent Items listed below, Commissioner
Vant Hull will be Cibsent from)he fifth meeting in May. He then suggested that the Com-
mission change its "fifth Monday discussion II to May 22, when the entire Commission is pre-
sent. He further suggested that since only a portion of that meeting will be available for
this discussion, it be limited to further discussion of the ten top priority goals for the
upcoming fiscal year, and their fiscal impacts.
The Commission concurred.
Mayor Stiff then requested that the agenda for the May 22 meeting be kept as brief
as pOSSible to allow ample time for this discussion.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Proclamation .;..uMunici~1 Clerk's Week" - May 7-13, 1989
Proclamation - "National Nursing Home Week II - May 14-20, 1989
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interchan e at North 19th
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It was moved by ComnHssioner 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.
Executive Session re collective bargaining strategy
Mayor Stiff stated this was the time set for conducting an executive session regard-
Ing collective bargaining strategy. He then indicated his intent to close the meeting, per
Section 2-3-203(4), M.C.A.
Mr. Mike Males, reporter for the Bozeman Daily Chronicle, voiced his objection to
this c1osure'since the State Constitution does not provide for closure of a meeting for the
purpose of discussing collective bargaining strategy.
At 3:25 p.m., Mayor Stiff called the executive session for the purpose of discussing
collective bargaining strategy and requested that all persons except the Commissioners,
City Manager Wysocki and the Clerk leave the room.
At 4:00 p.m., Mayor Stiff recessed the executive session for a break.
Break - 4:00 to 4:08 p.m.
Mayor Stiff declared a break from 4:00 p.m. to 4:08 p.m., during which the
Montana Centennial Barbershop Quartet sang in observance of Municipal Clerk's Week.
Executive Session re collective bargaining strategy (continued)
Mayor Stiff reconvened the executive session at 4:08 p.m. for the purpose of con-
tinuing discussion on strategy for collective bargaining.
At 4:48 p.m., Mayor Stiff closed the executive session and reconvened the open
meeting.
Adjournment - 4:48 p.m.
There bein9 no further business to come before the Commission at this time, it was
moved by Commissioner Martel, seconded by Commissioner Goehrun9, 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.
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