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HomeMy WebLinkAbout1989-05-30 .,:~;;; ~ ....' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA May 30, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 30, 1989, at 2:00 p.m. Present were Mayor Stiff, Commis- sioner Hawks, Commissioner Martel, Commissioner Goehrung (after 3:10 p.m.), City Manag- er Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Vant Hull was absent in compliance with Section 7-3-4322(2) M.C.A. 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 be removed for discussion. Commissioner Martel requested that the application for gaming li- cense submitted by The Avellino be removed for discussion. Minutes Mayor Stiff requested that action on the minutes of the regular meetings of May 15 and May 22, 1989, be deferred for a period of one week, until the entire Commission Is present. Request for classification of use - limited service veterinary clinic/pet supplies in a B-l- T district - All West Veterinary City Manager Wysocki submitted to the Commission a memo from Senior Planner Ron Brey requesting that the Commission determine the classification of use for a limited ser- vice veterinary clinic/pet supply facility, along with a letter from the applicant. He noted that All West Veterinary had requested permission to establish a satellite clinic to service small animals in a B-l- T district. Planner Tom Sheely stated the Planning staff reviewed this request, noting the Planning Director initially denied the request. He then requested that if the Commission does determine this use is appropriate, it be as a conditional use rather than a permitted use in the B-1 zone. City Manager Wysocki then submitted to the Commission a copy of Section 18.28.010 of the Bozeman Municipal Code, which sets forth the Intent of the B-1 district as follows: A. The Intent of the B-1 neighborhood business district is to provide for small retail and service activities frequently required by neighborhood resi- dents on a day-to-day basis, while still maintaining a residential character. The City Manager also submitted a copy of Section 18.28.020 of the Bozeman Munici- pal Code, which sets forth the permitted uses in the B-1 district. He then questioned whether a limited .service veterinary clinic/pet supply facility is for neighborhood resi- dents, or if it is for the entire community. He then suggested that if it is for the commu- 05-30-89 'i-.. ~ "i - 2 - nity, it may not be appropriate In the B-1 zone. Commissioner Hawks noted the applicant has requested that the proposed use be classified as a professional and business office, which is a listed conditional use in the B-1 district. He then indicated that he would support designation of a limited service veteri- nary clinic/pet supply facility as a conditional use in the B-1 district; but he does not feel it should be allowed as a permitted use. He also concurred that a business in the B-1 zone should be for the purpose of servicing, the .neighborhood primarily. The Commissioner then stated that the management of odors and sound would definitely need to be addressed through the conditional use process when considering this type of operation. He also suggested It would be beneficial to the applicant to have prospective neighbors speak in support of the proposed use. In response to a question from Commissioner Martel, the City Manager reminded the Commission that under Section 18.06.050 of the Bozeman Municipal Code, when considering this request, they are to determine whether the use is the same, or so similar so as to be interpreted the same, as one or more uses permitted in the district, as a permitted or con- ditional use; whether it is not appropriate; or whether a zone code amendment is necessary to address the issue. Commissioner Martel suggested that to have veterinary services available in a neigh- borhood business zone could be beneficial, noting the convenience involved. He then noted that several of those uses listed as permitted in the B-1 zone are not used by an individual on a daily basis; however, they do provide a service in a convenient location for the neighborhood. He then Indicated support for determining this is a conditional use in the B-1 zone, as requested by the applicant. City Manager Wysocki reminded the Commission that the intent of the B-1 district, particularly when it is totally surrounded by residential uses, must be carefully con- sidered. Commissioner Hawks expressed concern about the definition of a limited service vet- erinary clinic, noting the present code does not address that issue. He then indicated that if this type of use is to be permitted, guidelines should first be established. Planner Tom Sheely reminded the Commission that veterinary clinics are listed as permitted uses in the B-2, community highway business, and AS, agricultural suburban, districts at the present time. He noted that a small part of this proposed use is to be re- tail; however, he feels it is more closely related to a veterinary clinic than to a profes- sional and business office. Commissioner Martel noted that a small animal clinic is much different from a large animal clinic. He then suggested that distinction should be noted in the zone code. The City Manager expressed concern that the applicant proposes to "treat only 05-30-89 .... t - 3 - small animals, i.e., dogs, cats, exotics, and birds. II He then questioned what might be considered an lIexoticll and whether It might include a llama or a bull snake. Mayor Stiff noted the next agenda item suggests a suspension in processing of zone code amendments until the revised zone code has been adopted by the Commission. He then asked how this item may affect the request currently under consideration. City Manager Wysocki suggested that the suspension of zone code amendments ap- plies only to those initiated by the City. He noted that those requested by third parties should be processed, indicating that is a small percentage of the amendments requested. He stated that, in this instance, if the Commission determines a zone code amendment is necessary, the veterinary clinic could request the amendment; and the staff would process It even if a suspension of amendments is Invoked on the City. Commissioner Hawks suggested the Commission should possibly defer action on this item until more of the Commissioners are present. Commissioner Martel indicated support for approving the request as submitted by the applicant, noting the key Is that this is to be a satellite clinic only. City Manager Wysocki recommended denial of this application, noting that veterinary clinics are currently permitted in the B-2 and AS zones. Mayor Stiff indicated he would prefer to deal with this issue at this time; however, he noted that since only three Commissioners are present, he will support tabling action for a period of one week until all Commissioners are present. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that action be tabled for a period of one week, when the entire Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - Zoning Commission request for suspending zone code amendment actions City Manager Wysocki submitted to the Commission a memo from the Planning staff forwarding the Zoning Commission's recommendation that action on zone code amendments be suspended until such time as the revised zoning code, as prepared by the planning consultant, Is adopted. He noted that this suspension will not affect the two zone code amendments which are scheduled for pUblic hearing before the City Commission on June 19. He also stated that this would not apply to those zone code amendments requested by someone from outside the City organization, as noted in the above agenda item. He also suggested that the zone code amendment recently requested by the Commission concerning laboratories in the B-2 zone, as a result of the request submitted by Inter-Mountain Labo- ratories, Inc., be processed, since it is currently In the process. Commissioner Martel noted that discussion on revision of the zone code has centered 05-30-89 .. - 4 - around more performance-oriented zoning. He then questioned how much the zone code amendments currently under consideration would be used in the revised code. Mayor Stiff expressed apprehension about the process, noting he wi II defer judg- ment unti I later. Commissioner Hawks noted the Zoning Commlssion's recommendation Is for a "mora- torlumll; and that word carries a negative connotation. He then stated support for listing it as a suspension of action, as suggested by the City Manager. He then indicated this action would not eliminate the Commission's ability to deal with urgent issues, but it would allow for a more static code during the revision process. Commissioner Martel concurred that IImoratorium" has a negative connotation that should be avoided. He then noted It Is inappropriate to ask the Planning staff to go through the zone code amendment process during revision of the code, since it would cre- ate an unnecessary workload. Commissioner Hawks asked what action is being requested of the City Commission. City Manager Wysocki indicated that he is not requesting any action be taken to- day, but that action be deferred until next week, when a full Commission Is present. He suggested that only preliminary discussion be held at this time, so staff has some idea of the Commission's position. In response to a question from Mayor Stiff, the City Manager indicated that action should be taken on those zone code amendments currently being processed. He noted that two of them have already been scheduled for public hearing and the advertisements pub- Ilshed. Commissioner Martel expressed concern that other applications may become stalled in the freeze, even though those amendments may be as needed as those currently being pro- cessed. City Manager Wysocki reminded the Commission of the suspension they placed on consideration of annexation requests a few years ago, until they had developed a policy under which to consider the various requests. He then suggested it is in the City's best interests to defer action on zone code amendments until the revision process has been com- pleted. Mayor Stiff concurred with Commissioner Martel's concern; however, he noted the process is important enough to warrant the proposed action. Commissioner Hawks asked if the Zoning Commission's recommendation was prompted by a concern about the possibility of a substantial number of zone code amendments just prior to revision of the code. Planner Sheely indicated that was an issue. He then noted a major part of their concern was that the City is having a consultant review the entire code, including those 05-30-89 .. - 5 - permitted and conditional uses in the various zones. He stated the Zoning Commission feels it would be appropriate to not process amendments affecting the permitted and condi- tional uses in zones until the revisions have been done, including those uses permitted in the different zones. Commissioner Martel noted it seems that many of the difficulties faced under the current zone code are incurred in classification of uses not addressed within the narrow scope of the various zoning districts. Planner Sheely concurred, noting the zone code does not specifically address every conceivable use within a district, thus leaving gaps which must be considered on an indi- vidual basis. City Manager Wysocki reminded the Commission that requests for classification of use have been submitted to the Commission for consideration over the past few months, per the Commission's request. He noted that In the past, the staff has generally ad- dressed those matters. The City Manager then recommended that the Commission acknowledge receipt of this request from the Zoning Commission and table action until next week's meeting. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission acknowledge receipt of this request from the Zoning Commission and table action for a period of one week, when the entire Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No, none. City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phil! Forbes presenting the staff's recommendations concerning this request for street vacation. He stated that, attached to the memo are a copy of the application and a map showing the subject right-of-way, along with a copy of the Agreement and Restrictive Covenants dated June 14, 1972, between the City and the property owners of Lots 3 through 10 of the 1962 rearrangement of Block 2 of the University Subdivision. He noted the subject street right-of-way is located along the east side of Langohr Park. The City Manager then reviewed the Director's memo, noting he has listed five items to be addressed when considering possible approval of this application, as follows: 1. The vacation should be limited to South Tracy Avenue adjacent to Lots 3 through 10 only. This will allow for the provision of legal street frontage lOr Lot 11 and will prevent the existing structure on Lot 11 from becoming a non-conforming structure. 2. With regard to the 1972 Agreement, Provision Nos. 1 and 3 should be strictly enforced. Provision No. 1 will be enforced through the pro- 05-30-89 ."'./ ":"... . ...,. .:,';; ~ - 6 - vISions of the City of Bozeman Zoning Code should the street be vacated. 3. Provision No. 3 be enforced according to the following scenario: the petitioners receive only the east half of the street right-of-way, per State statute; the new property corners be surveyed and monumented at the petitioner's expense; A deposit be made with the City for the estimated cost of erect- ing a fence; a fence be constructed of materials mutually acceptable to the petitioners and the City through contract with a commercial fence builder; a single-person gate be provided for each lot; all existing improvements west of the street right-of-way centerline be removed, relocated or donated as-is to the City at the mutual agreement of the petitioners and the City; this provision must be enforced , as described in this scenario, prior to final adoption of any vacation resolution (perhaps a six-month "sunset" limitation should be included in the vacation resolution) . 4. All future vehicular access to the referenced lots from the west is, and will be, subject to the provisions of the Park Ordinance (Ordi- nance No. 1278). 5. The petitioners should be required to sign a waiver of right to pro- test creation of a future park maintenance district. The City Manager then concurred with these items as listed. He asked that the Com- mission consider this requested street right-of..way vacation in light of those issues raised by the Director of Public Service. He then indicated that if they agree with those items, the staff wi II proceed with the vacation process, incorporating them as appropriate. Commissioner Hawks concurred with the staff's recommendations. The Commissioner , then noted that vacation of this street right-of-way would result in the City having park- land on both sides of the creek. He questioned how access would be provided to that nar- row strip on the east side of the creek, suggesting an access easement be required if necessary. City Manager Wysocki noted an easement could be requested along ten feet at each end of the vacated right-of-way; or some type of bridging approved by the Department of Fish, Wildlife and Parks, and meeting all requirements of a 310 permit, could be installed to provide access to that narrow strip. He then reminded the Commission of the City's zoning regulations, which do not allow development within 35 feet of the streambank. Commissioner Martel stated the community gardens are located in Langohr Park. He then asked if they are located within the 35-foot streambank setback. He noted that fer- tilizers and herbicides are used in those gardens and questioned any Impacts they may have on the stream. The City Manager indicated he will verify the location of those gardens, and the distance from the streambank prior to action on this request. Commissioner Hawks asked if the entire street right-of-way could be vacated, with the right-of-way reverting to the parkland. 05-30-89 ai L ~ - 7 - City Manager Wysocki suggested that if the Commission wishes to consider that op- tion, it would be more appropriate to deny the request for vacation and leave it as it cur- rently exists. City Attorney Becker indicated that when a public right-of-way is vacated, the property reverts back to the property owners or their successors. He noted that when a street right-of-way is dedicated or platted, one-half is taken from each side of the road- way; therefore, it must be vacated in the same manner. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commission acknowledge receipt of the staff report and direct staff to proceed with the va- cation process, including the concerns as listed in the Director of Public Service's memo above, as well as the access easement or stream crossing, and the 35-foot streambank set- back requirements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. two video draw City Manager Wysocki reminded the Commission that Commissioner Martel had re- quested this item be removed from the Consent Items. Commissioner Martel noted that the Social Security numbers for the three individuals with financial interest In the business are not listed on the application. He further ques- tioned the dates of installation for the various machines and whether they were licensed last year. The City Manager indicated it appears that Mrs. Nancy O'Neill completed the appli- cation form, and probably didn't have the Social Security numbers available. He then stated that the dates the machines were installed was noted on the application form. He indicated that a cross check of the City's list of gaming licenses against the State' list of licenses revealed these machines had not been licensed locally. He then stated that the fee submitted with this application is prorated, based on the actual date of installation. The City Manager then recommended that the Commission approve this application for gaming license. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission approve the application for a gaming license submitted by The Avellino, for two video draw poker machines and one electronic keno machine, through the period ending June 30, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No, none. 05-30-89 ". .' - 8 - Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Copy of the final draft of Planning Board goals and objectives, dated May 15, 1989. (2) A letter from the Department of Highways Indicating the PCC and T AC meet- ings will be combined on Thursday, June 1, with that meeting beginning at 10:00 a.m. (3) A memo concerning the hiring of a coordinator for the beautification efforts. The City Manager noted this provides Information on who was hired, when he will begin his duties and what his work priorities Include. (4) Notice of a Chamber of Commerce Governmental Affairs Committee meeting to be held at noon on Thursday, June 1, at the Holiday Inn. In response to a question from Commissioner Hawks, Daria Joyner indicated that the meeting will Include discussion of the proposed sign ordinance; however, they do not an- ticipate any presentation from City staff. Commissioner Hawks suggested that Planner Ron Brey should be invited to attend this meeting, since the sign ordinance is to be discussed. (5) A copy of the monthly water report, as prepared by the Soil Conservation Service. The City Manager noted that the year-to-date precipitation through April is be- low average; however, it is better than it was a year ago. (6) Copy of a letter from Mr. Doug French to Commissioner Martel dated May 24, 1989. (7) Copy of the findings of fact and judgment in the Peavy case. (8) The City Manager indicated that the draft RFP for the planning consultant previously submitted to the Commission is essentially the same as the final version; there- fore, the Commission should consider it as the final. He then stated the staff will submit copies of the three proposals to the Commission on Monday, June 5; the City-County Plan- ning Board will review the ad hoc implementation committee's recommendation on June 8 and submit its recommendation to the City Commission for action at the June 12 meeting. He indicated that, assuming the City Commission takes positive action on the Planning Board1s recommendation on June 12, the County Commission will consider the Issue on June 13. (9) The City Manager stated that Blue Cross/Blue Shield submitted a proposal for a 5-percent increase in health/medical insurance premiums for Fiscal Year 1990. He stated that following the City's consultant review of this proposal and his discussions with Blue Cross/Blue Shield, they submitted a new proposal reflecting no Increase in premiums for the upcoming year. (10) The City Manager submitted to the Commission copies of an investigation re- 05-30-89 .. . - 9 - port concerning an Incident which occurred on Friday. City Attorney Becker stated that on Friday afternoon, he received a telephone call from Director of Public Service Phill Forbes that someone was in the test wells at the land- fill, without City permission. He stated that police officers responded in a timely manner and found Robert Fagliano and Dick Kountz, Three Rivers Disposal, and Jeff Cross, Hydro- metrics, at the site. The City Manager cautioned the Commission against any discussion of this Issue. (11) Commissioner Hawks submitted to the Commission copies of an article entitled "Consultant Selection Procedures", indicating that the rating sheet for the proposals for planning consultant will be based on the one reflected in this article. He then stated the ad hoc implementation committee will meet at 7:00 a.m. on Friday at the Baxter to review the three proposals received, hopefully developing a recommendation for selection of a firm. He stated that between that meeting and the Planning Board meeting, the committee will negotiate with the firm on various issues, including the cost. The Commissioner then encouraged the Commission to review this information in preparation for review of the proposals and selection of a planning consultant. Mayor Stiff requested that the Commissioners be provided with a copy of the eval- uation sheets which the ad hoc implementation committee will be using. He then asked if the Commissioners will know how the committee arrived at Its recommendations, noting that information could be helpful in the deliberations. The City Manager responded that the evaluation forms completed by the ad hoc committee will be available for review in the Plan- nlng Office. Commissioner Hawks stated the ad hoc implementation committee will be present at the June 12 meeting to respond to any questions. (12) Mayor Stiff asked if there was any Commission representation at the May 25 meeting In Belgrade concerning drug enforcement. It was noted there was no Commission representation; however, the City Manager indicated that there was representation from the Police Department. Mayor Stiff asked for a report on that meeting; the City Manager indicated he will get one. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Application for Gaming License - Catls Paw, 721 North 7th Avenue - one live poker table - through June 30, 1989 Authorize Call for Bids - four vehicles for various departments (CIP) Claims It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate 05-30-89 ..' - 10 - persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Sti ff; those voti ng No, none. B rea k - 3: 08 to 3: 1 5 p. m . Mayor Stiff declared a break from 3:08 p.m. to 3:15 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Report re Leadership Bozeman program City Manager Wysocki reminded the Commission that Commissioner Goehrung had re- quested this item be placed on the agenda. Commissioner Goehrung noted that a two-page memo outlining the program was in- cluded in the Commissioners' packets; and he will not review that at this time. He noted there were eight "meaty" sessions in this program, where individuals with expertise in the area gave presentations to the group. He noted that various techniques were used in pre- senting the information, ranging from video tapes to a water quality simulator. The Commissioner noted he has lived in Bozeman for ten years; and this program gave him a lot of new information. He indicated that the session on law and the legal sys- tem and the military provided some very interesting and surprising information. Commissioner Goehrung stated there were 22 participants in this first Leadership Bozeman program; and all graduated at the end of the sessions. He noted the program was very worthwhile; and it provided him with various contacts as a Commissioner. Mrs. Daria Joyner, Executive Director for the Chamber of Commerce, indicated she attended this first Leadership Bozeman program as well, concurring with Commissioner Goehrung's comments. She then distributed applications for next year's program to the Commissioners, encouraging the participation of one Commissioner in that program, as well as a staff member. She then noted that Helen Johnson, a resident of Bozeman for fifty years, participated in this first Leadership Bozeman program; and she indicated she was amazed at how much she learned from the sessions. Daria Joyner then noted the program has been listed as one for emerging leaders; however, she feels that is a misnomer. She noted that one continues to learn about a community; and this provides the mechanism for that process. Mrs. Joyner then presented Commissioner Goehrung with his diploma for the Lead- ership Bozeman program. Commissioner Goehrung noted that Don Hanson and Mike Reichman were instrumental in the operation of the Leadership Bozeman program. He indicated that Mr. Greg Werner was an assistant in this year's programming; and he will be in charge of next year's pro- gram. 05-30-89 .... ..' - 11 - City Manager Wysocki Indicated he has been serving on the steering committee for this program, and has been working with Greg Werner. He then indicated that the partic- ipants in this year's program evaluated it at their last session; and the steering committee has been carefully reviewing those while developing next year's program. He Indicated there will be adjustments in the program, as a result of the evaluations. The City Manager then stated that self-evaluation was also done with the moderators and the steering commit- tee; and those issues will also be considered in developing next year's program. The City Manager stated one concern raised is that this not become a government program or one dominated by government participants. He then indicated that the program which he did in conjunction with County Commissioner Jane Jelinski resulted in comments that there was duplication. He also noted that comments revealed that the participants are more interested in local government than state government, except for how the State's pro- grams may impact local activities. The City Manager then Indicated he anticipates a couple of program changes, including who is utilized for presentations as well as topics covered, depending on the emphasis at that particular time. He noted that County Attorney Mike Salvagni has suggested that under "law and legal systemll a mock trial be held. Mrs. Daria Joyner noted that, given the extensive agenda covered in a day, it was difficult to cover all of the information and leave time for an adequate question-and-answer period. She stated that another item requested was that more fact sheets be utilized by the presenters. Commissioner Hawks asked if the participants feel the time commitment and the time- frame involved is realistic. Daria Joyner responded that she feels they do, noting it is one eight-hour day a month for nine months. She indicated that those who attended this first session have stated a desire to have an alumni course next year. In response to a question from Mayor Stiff, Mrs. Joyner stated that most of the participants were in attendance at most of the sessions; and those unable to attend a ses- sion requested the materials from that session. She also noted that most of them asked for permission to attend next year's session of the ones they missed this year. She then in- dicated the ceiling was 25 participants; and there were 22 participants this year. She noted the 25 participant ceiling will be maintained for next year, since the logistics of most of the sites can accommodate no more than 25 persons. Commissioner Goehrung stated he feels his participation was well worth the time and money spent, encouraging that a Commissioner be sent to next year's session. He noted that the information gathered through the program benefits the individual as well as the City, especially with the relationships developed with individuals from various facets In the community. 05-30-89 ~. " ., - 12 - Mrs. Daria Joyner stated that specific elements in the community, including the me- dia and attorneys, wi II be targeted for representation in next year's program. She noted that having representation from a good cross-section provides the needed balance to make this program a successful one. Mayor Stiff noted that when Commissioner Goehrung's attendance at this session was first discussed by the Commission, he had indicated support for the program but ques- tioned whether the City's paying the fee was an appropriate use of public monies. He noted that he stili has that same concern. He then thanked Commissioner Goehrung for his efforts to participate in this program. Adjournment - 3:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Goehrung ~ seconded by Commissioner Hawks, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. 05-30-89