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HomeMy WebLinkAbout1989-06-19 "' .. -~" I MINUTES OF THE MEETING OF THE CITY COMMISSiON BOZEMAN , MONTANA June 19, 1989 ************************ The Commission of the City of Bozeman met in regular session In the Commission Room, Municipal Building, June 19, 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. Minutes Mayor Stiff indicated that action on the minutes of the regular meetings of June 5 and June 12, 1989 will be deferred for the period of one week. Librar and This was the time and place set for opening of bids for janitorial services for the City Hall, Police/Fire Building, Public Library and Carnegie Building for Fiscal Years 1990 and 1991. The affidavit of publication of the Call for Bids was presented. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bids be opened and read. 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. The following bid was then opened and read aloud: Ci ty Hall Police/Fire Library Total Carnegie Davis Maintenance Bozeman, Montana $5,lOO/yr $5,400/yr $9,540/yr $3,300/yr $23,340/yr It was moved by Commissioner Vant Hull, seconded by Commissioner Martei, that the bid be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye bein9 Commissioner Vant Hull, Commissioner Martei, Commissioner Goehrun9, Commissioner Hawks and Mayor Stiff; those voting No, none. Award bids - four vehicles for various City departments (CIP) City Manager Wysocki submitted to the Commission a memo from Clerk of the Com- mission Sullivan listing the bid recommended by staff as well as the amount appropriated in the Capital Improvement Program budget. He noted that funding for Schedules I and II is 06-19-89 ., J-- I -2- from the General Fund, while funding for Schedules III and IV is from the Water Fund. He further noted that the amount bid for Schedule I is higher than the amount budgeted; the bid for Schedule il is lower than the amount budgeted; the bid for Schedule III is higher than the amount budgeted; and the amount bid for Schedule IV is lower than the amount budgeted. The City Manager then reminded the Commission that this is the second time the City has sought bids for these four vehicles. He concurred in the staff rec- ommendation for award of these bids. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission award the bids for four vehicles for various City departments as follows: Schedule I to Bozeman Ford, Inc., Bozeman, Montana, in the bid amount of $18,894; Schedule II to DeMarois Olds-GMC, Missoula, Montana, in the bid amount of $33,901; Schedule III to Bozeman Ford, Inc., Bozeman, Montana, in the bid amount of $22,095; and Schedule IV to Bozeman Ford, Bozeman, Montana, in the net bid amount of $11 ,786; those being the lowest and best bids 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. Renewal of Gaming Licenses - various establishments - July 1 through September 30, 1989 City Manager Wysocki presented to the Commission a list of 14 establishments which have submitted applications, along with the required fees, for renewal of gaming licenses for video draw poker machines, electronic keno/bingo machines, live bingo games, live card tables and amusement card tables. The City Manager then recommended that the Commission approve the renewal of the following-listed gaming licenses: APPLICATIONS FOR GAMING LICENSES for the period July 1 through September 30, 1989 Alley Cat Bar 809 West Babcock Street 3 poker machines 1 keno machine $ 100.00 4 poker machines 2 keno machines 150.00 5 poker machines 1 keno machine 1 live bingo game 212.50 4 poker machines 1 keno machine 1 live bingo game 3 card tables (amusement) 225.00 1 live bingo game 62.50 1 poker machine 25.00 American Legion Club 225 East Main Street Bingo World 237 East Main Street B.P.O. Elks #463 108 East Babcock Street Bozeman Senior sociai Center 807 North Tracy Avenue Colombo's Pizza & Pasta 1003 West College Street 06-19-89 ~ -3- Empire Lounge dba Black Angus 520 West Mendenhall Street 5 poker machines 4 keno machines 3 poker machines 2 keno machines 1 poker table 4 poker machines 5 poker machines 2 keno machines 5 poker machines 2 keno machines 5 poker machi nes 2 keno machines 225.00 GranTree Inn 1325 North 7th Avenue 375.00 Hipshots Lounge, Inc. 513 West Aspen Street JW's Hide-A-Way Lounge 1625 West Main Street 100.00 175.00 Little Johns Bar 515 West Aspen Street 175.00 Rocking R Bar 211 East Main Street 175.00 Scoop Ca rd Room 712 West Main Street 1 poker table 250.00 The Crystal Bar, Inc. 123 East Main Street 5 poker machines 2 keno machines 175.00 TOTAL - 14 applications $ 2,425.00 The City Manager indicated that a physical count of the gaming machines In the various establishments around the community has revealed some discrepancies from the number of machines licensed. He cited the Elks Club, The Bowi and The Crystal Bar, which have one extra machine each, and The Molly Brown, which has two extra machines. He noted that letters are being sent to those establishments bringing this issue to their attention. The City Manager then reminded the Commission that, due to a legislative change which takes effect October 1, the City is licensing these gaming machines for the period July 1 through September 30, 1989. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the renewal of Gaming Licenses as listed for the period July 1 through September 30, 1989, taking note of the City Manager's comments above. 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 Sti ff; those vot i ng No, none. Commission Resolution No. 2753 - gas tax resolution for Fiscal Year 1990 City Manager Wysocki presented Commission Resolution No. 2753, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2753 Purchase of Road Oil The City Manager reminded the Commission that this type of resolution is adopted 06-19-89 1 , ~. -4- on an annual basis. He noted that this allows the City to purchase road oils from the State Department of Highways as needed, thus being able to take advantage of their bulk rate and storage capabilities. He further noted that the City purchases sundry construction supplies from them from time to time during the year. He then recommended that the Commission adopt this resolution. Commissioner Martel expressed concern about the language in the second paragraph, suggesting that the phrase "not available from commercial sources" be deleted. The City Attorney concurred. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2753, as revised, authorizing the purchase of road oils and sundry construction supplies from the State of Montana Department of Highways during Fiscal Year 1989-90, utilizing Gas Tax monies. 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. Revised rules of procedure City Manager Wysocki submitted to the Commission a copy of the revised rules of procedure, as finalized at last week's meeting. He then recommended that the Commission adopt the revised rules of procedure, as submitted. Mayor Stiff noted that the Commission has an unwritten policy to recess a meeting at approximately 5:00 p.m., if it appears the meeting will continue past 6:00 p.m. or if there Is a scheduled evening session. He then asked if the issue of recessing and recon- vening an afternoon meeting should be addressed in this document. City Attorney Becker stated he feels that issue can be addressed by the Commission as a matter of policy rather than through the rules of procedure. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission adopt the revised rules of procedure as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. re classification of laboratories as ermitted and/or conditional uses in the City Manager Wysocki submitted to the Commission a memo from Planner Tom Sheely concerning the possibie classification of laboratories as a permitted and/or conditional use in the B-2 districts. He reminded the Commission that they had requested this information 06-19-89 r -5- as a result of the request for classification of use as submitted by Inter-Mountain Labora- torles. The City Manager noted that the staff recommends that this issue be resolved through the comprehensive update of the Zone Code, rather than addressing it through a zone code amendment at this time. Mayor Stiff noted he received a letter from Mr. Denis Grigsby, Golden Triangle Re- alty, Conrad, Montana, whose family owns the property at 203 Haggerty Lane. He noted that the letter encourages the Commission to pursue the zone code amendment to allow the Inter-Mountain Laboratories to operate In the B-2 district, which would allow them to re- locate from the Tech Park to this site. He stated that Mr. Grigsby indicated a desire to allow the Inter-Mountain Laboratories into that building, since failure to have them locate there by fall could be financially disastrous for his family. The Mayor then requested that the letter be copied, so all Commissioners have a copy. Commissioner Hawks noted that, according to the schedule submitted by the consul- tant, public hearings on the revised zone code should be held the end of September or the first of October. He stated that, since Inter-Mountain Laboratories is more than a month into its six-month lease at the Tech Park, that process would probabiy not be completed before renewal of the lease is necessary. City Manager Wysocki reminded the Commission that after the public hearings have been completed and the Zone Code has been approved, it must be adopted In ordinance form. He noted it will take 45 days to complete that process and for the new code to be in effect. Mayor Stiff stated he wanted the Commission to be aware of the ietter from Mr. Grigsby; however, he noted that he does support the staff's recommendation. Commissioner Vant Hull asked if it would be better to classify the various types of laboratories, or if objective performance standards might be better. Planning Director Epple suggested performance standards might be the better ap- proach; however, he noted the consultant may help to address that question. City Manager Wysocki reminded the Commission that Inter-Mountain Laboratories is currently working on mining-related samples. He then questioned what type of operation they might pursue if mining operations slowed down. He suggested that the new use might not be appropriate in a commercial zoning district. Commissioner Martel stated he feels the proposed laboratory is similar to a photo lab or a medical lab and should be allowed in the B-2 district. It was moved by Commissioner Martel that the Commission determine that the Inter- Mountain Laboratory is the same, or so similar so as to be interpreted the same, as photo laboratories or medical iaboratories, and be considered as permitted uses in the B-2 dis- trict. The motion died for lack of a second. 06-19-89 ," -6- It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that this issue be addressed during the comprehensive revision of the zone code. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Agenda for the Board of Adjustment meeting being heid today. (2) Copy of an article entitled "Blaze damages Billings church" from the June 15, 1989 issue of the Billings Gazette. The City Manager noted this is an example of many older buildings which were constructed for assembly, but not for other purposes. (3) City Manager's report. The City Manager gave the following brief overview of activities during the past week. (1) Negotiation sessions were held with each of the four bargaining units. (2) The bond call for special improvement districts was completed. The principal payment is to be $505,000, with $271,000 in interest being paid. He noted that $161,000 in Valiey Unit bonds are being called on schedule, with an additional $145,000 being called because monies are available as a direct result of the lot sales. (3) Two MPA interns are now working in City Hall, Jamie Labban and Monica Perchaluk. A canvass of gaming machines has been done; and they are setting up a program for the door-to-door dog and cat census. Those doing the census will carry a letter of introduc- tion. They will work on an irregular schedule, such as noon to 8 p.m., possibly includ- ing some weekend work, to contact as many people as possible. Also, door hangers will be used. (4) All lot sales from the recent Valley Unit auction have been closed. (5) Pace Construction should have work at the landfill expansion completed by the end of the month, running about a week ahead of schedule. (6) The fiags and flower baskets have been hung as a part of the beautification effort. Two of the flags have been replaced to date. Also, Dennis Seibel is now In charge of that effort. (7) The City has installed three large water meters in the area south of the Fieldhouse for the Wally Byam rally. Also, the City will paint crosswalks across Kagy at South 7th Avenue, South 11th Avenue, and one in-between to expedite pedestrians crossing the street during the rally. The City Manager indicated one of those crosswalks may be retained after the rally is complete to facilitate soccer kids crossing the street. The City has also graveled Kagy Bouievard west of South 11th Avenue for those Caravaners who are parking in the alfalfa field. (8) Pip- ing of the Lyman Creek water supply from the diversion to the spring is essentially com- plete. The yard piping and review of the various types of reservoir covers will follow. 06-19-89 06-19-89 -7- The City Manager noted the Lyman Creek project is slightly over 50 percent complete. (9) The Walton Ditch overfiowed last Friday, partly because a headgate was left partially open. Even though the City is not responsible for this problem, the staff has received numerous calls. (10) The Wheat Drive sewer extension was finalized last week. The new lift station has been in use for approximateiy 60 days; and the gravity flow system seems to be work- ing well. (4) Commissioner Vant Hull distributed to the Commission a memo concerning the League Board of Directors meeting heid on Wednesday. (5) Commissioner Vant Hull requested a correction be printed to last week's newspaper article concerning the City Manager's evaiuation. She noted the article indicat- ed that he received low marks in the area of relations with the public. She requested that statement be corrected to reflect that those marks were lower than they were In other ar- eas; however, they were still higher than average. (6) Commissioner Vant Hull circulated to the Commission the following newspaper articles: an advertisement in the Helena paper notifying people that they must cut their weeds; an article concerning special voted mill levies for Lewis and Clark County, includ- ing one for the library, which passed very well; an article from the Billings Gazette in- dicating the City may ask Its employees to pay a portion of the insurance premium, rather than the City paying the entire amount. The City Manager reminded the Commission that the City of Billings self-insures its health/medical program. (7) Commissioner Goehrung stated the City was successful in its application to the Montana Arts Council. He indicated that after more official notification is received, this item will be back before the Commission for further action. (8) Commissioner Goehrung noted there are several weed patches appearing around the community. He indicated a desire to see these areas addressed as soon as pos- sible. (9) Commissioner Goehrung stated there are several encroachments on the right- of-way along North 7th Avenue. He then suggested the City should take action to see those items are addressed, if possible. Continued discussion - Planning Board goals and objectives City Manager Wysocki reminded the Commission that this was the time set aside for discussion of the draft goals and objectives, as prepared by the City-County Planning Board. He then noted that included in the packets were memos from Commissioner Vant Hull and Commissioner Hawks listing proposed revisions to the draft goals and objectives. He noted that Commissioner Vant Hull distributed a second memo to the Commissioners just t ,..8- prior to the meeting. The City Manager further noted that just prior to the meeting the Commissioners received copies of a letter dated June 16, 1989 from Mr. Gerald R. Ault ex- pressing concern that this revision process may be moving too fast and suggesting that it be slowed down. Mayor Stiff asked what procedure would be best to follow in reviewing this docu- ment. Following discussion, it was determined that the Commission should review the goais and objectives as listed, making any desired revisions upon which a majority of the Com- mission agrees. They further concurred that Planning Director Epple should facilitate in this process. Commissioner Vant Hull stated that the proposed changes in her memo reflect not only her ideas, but those of others who have served on City boards and commissions and who have reviewed the document as well. She noted they also reflect some of the public input received at the April 1988 meeting that she feeis has not been included. Mayor Stiff expressed concern about making too many major changes in these draft goals and objectives, especially with the amount of work the City-County Planning Board has put into them. Commissioner Hawks expressed concern about sensitivities of the City-County Plan- ning Board and the County Commission, who have had input into this document over the past year. He then indicated that he feels only those language changes criticai to the City's position should be made at this time, noting that he recognizes there are numerous areas in which slight changes in wording could be made that would not change the meaning of the text. Planning Director Epple suggested that after the City Commission makes its pro- posed revisions, the Commissioners should be prepared to meet with the County Commission to discuss the revisions and reach agreement so the consultant can move forward with re- vision of the Master Plan. He then indicated that he feels the County Commission is willing to approve the draft goals and objectives as submitted since they have had input throughout the process; however, they must also approve any City revisions. Commissioner Hawks reminded the Commission that the goals and objectives establish the basis for the Master Plan. He noted that if an item is not addressed in the goals and objectives, it will not be addressed In the Plan. Piannlng Director Epple concurred. He then indicated that the various categories of goals carry the same weight. He noted that under the draft goals and objectives, the Board has attempted to eliminate the redundancies and state them succinctly. Break - 3:07 to 3:15 p.m. Mayor Stiff declared a break from 3:07 p.m. to 3:15 p.m., in accordance with Com- 06-19-89 1 -9- mission policy established at their regular meeting of March 14, 1983. Continued discussion (continued) - Planning Board goals and objectives Following a brief discussion, the Commission concurred that those revisions to wording of existing goals and objectives should be contained in a revised draft. They further concurred that other issues and items should be addressed separately in a cover memo to the City-County Planning Board. Pianning Director Eppie proceeded with review of the draft goals and objectives, as follows. Commissioner Vant Hull stated that comparison of these draft goals and objectives with those contained In the 1983 goals and policies revealed that the numerous references to the natural amenities have been eliminated. She then suggested that a basic goal be Included immediately before the categorized goals and objectives, basically utilizing lan- guage from the existing Plan, which states: The beauty of the City of Bozeman and the Gallatin Valley is a valuable re- source. The area is truly unique, and its high-altitude mountain valley is one of the more fragile areas in the United States. The people have done a reasonable job of protecting these resources, but some of the uniqueness has been destroyed; some has been damaged; and some Is being threatened. Therefore, in making all decisions, the prime consideration Is that the Bozeman area's most important resource is its natural beauty and pristine environment. This resource must be protected. All other goals and objec- tives must take cognizance of this fact. Since our second most important resource is our people, our second consid- eration must be to always ensure opportunities for valuable public Input. City Manager Wysocki indicated this statement is more of a "mission statement" than a goal. He then suggested it may be appropriate as an overall reminder that should be included in some form. He then suggested this statement be referred back to the City- County Planning Board for incorporation in some form and manner. Planning Director Epple stated the Board has discussed the inclusion of a "mission statement"; but they have not yet addressed that issue. Following discussion, the Commission indicated support for some form of this state- ment. They further asked that the City-County Planning Board review the issue and de- velop the language. Planning Director Epple noted that Commissioner Vant Hull's memo suggests that the goals and objectives be rearranged and placed under the general categories of "process" and "physical elements". He recommended this suggestion be forwarded to the Board for their consideration; the Commission concurred. Mrs. Amy Bartell, member of the City-County Planning Board, stated the Board has listed the categories for the goals and objectives in what they feel is a logical manner; however, they are not listed in any manner of priority. She noted they could consider 06-19-89 t -10- this suggestion, possibly reorganizing it as suggested. She then indicated that the last two categories are not fully completed, but will be revised to follow the same format as the other categories. The Commissioners then reviewed the goals under the individual headings, concur- ring on the changes which have been noted under each category listed beiow. PUBLIC FACILITY GOALS AND THEIR OBJECTIVES. 2.A. Revise to read "Develop and implement a comprehensive solid waste disposal plan for the jurisdiction which recognizes and encourages recycling, and which includes identification of specific actions to be taken and a public information program." The Commission noted that while this allows for comprehensive review of alternative methods, it places emphasis on recycling, which is consistent with prior Commission actions. 4. Revise to read "Encourage development of newly planned residential areas in locations which minimize the cost and maximize the benefit of providing public services and faci Ii ties. " The Commissioners expressed concern about the reference to "at higher densities", a phrase which they concurred should be deleted since this goal refers to in-filling of ex- isting areas. Cited as an example is the single-family residential development which has taken place in many of the older R-3 zoned areas of the community. They noted that con- struction of multi-family units in those areas would not be beneficial or appropriate. The Commissioners further discussed the posslblllty of rezoning those areas developed as sin- gie-family residential to more appropriately reflect their status. 4.A. Revise to read "Designate more single-family residential areas in the Bozeman Urban Service Area through zoning and subdivision regulations and planned, phased ex- tension of faclllties." 4. B. Revise to read "Adopt zoning standards and procedures which encourage de- velopments that make efficient use of facilities. II 7. Revise to read "Encourage in-fill development where appropriate to assure maxi- mum use of existing public utilities within the Bozeman Urban Service Area and maximum cost efficiency to the city and the users." TRANSPORTATION GOALS AND THEIR OBJECTIVES. 1 . Revise to read "Provide an up-to-date transportation plan which can accommo- date both current and projected growth patterns, tied to a funding mechanism for each of the following objectives." The Commissioners concurred that a plan must have a funding source for it to be- come a real ity . 1.A. Revise to read IIEncourage the formation of a Transportation Planning Commit- 06-19-89 t -11- 2. Combine with 2.A. and revise to read "Require/encourage the establishment and maintenance of greenbelts and/or open space through zoning and subdivision review." The Commission concurred they are unsure of what the first word in this objective should be and asked for staff or Planning Board input. 4. Revise to read "Encourage agribusiness and the amenities it provides by pro- tecting and preserving Gallatin Valley's productive agricultural operations through well- planned development within the jurisdictional area." S.D. Add new objective which reads "Monitor the cumulative effects on ground- water created by individual septic systems." The Commission concurred this item should be forwarded in the cover memo rather than in the document. 6.A. Revise to read "Require adherence to the City and County noxious weed con- 06-19-89 - .)~':::-'~. . -12- trol programs as a condition of annexation, subdivision review and zoning procedures." 7. E. Add new objective which reads "Pursue property exchanges and purchases that are aimed at preserving or rehabilitating historic sites, ridgelines, viewsheds, stream corridors, areas of natural beauty and parklands, as funds are available." This objective is to be placed in the cover memo for discussion. 8. E. The Commission concurred this objective should be eliminated. Recess - 5:25 p.m. Mayor Stiff declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business item. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7: 00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business item. Istrlcts This was the time and place set for the public hearing on the Zone Code Amendment requested by Mark Duffy to amend Section 18.52. 140 of the Bozeman Municipal Code to add "helicopter landing and storage facilities" to the list of conditional uses in the AS, Ag- riculture Suburban, District. City Manager Wysocki submitted to the Commission a memo from the Planning Staff indicating that Mr. Duffy officially withdrew this application on May 19. He then request- ed that the Commission acknowledge receipt of this withdrawai. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of the withdrawal of this application for Zone Code Amendment. The motion carried by the following Aye and No vote: those voting Aye be- ing Commissioner Hawks, Commissioner Vant Hull, Commissioner Martei, Commissioner Goehrung and Mayor Stiff; those voting No, none. This was the time and place set for the public hearing on the Zone Code Amendment requested by the City Commission to amend Section 18.50 by adding the provision in Section 18.36 .020B. 2. to the Supplementary Regulations Chapter of the Code and making the provision appllcabie to all zoning districts. 06-19-89 heli- -13- Mayor Stiff opened the public hearing. Planner Tom Sheely presented the staff report. He indicated that under this Zone Code Amendment, which was requested by the City Commission, the provisions contained in No use or combination of uses shall be permitted which cause 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 degree that could be observed by the Zoning Administrator and determined to be offen- sive, or a degree deemed by the State Health Department to be injurious to the public health, safety and welfare of the residents of the area. Planner Sheely noted that this amendment is to resolve some of the land use con- flicts between non-conforming residential units in the M-l and M-2 districts with the uses permitted in those districts. The Planner stated that staff had concerns about whether this amendment wouid be appropriate in the M-2 district, noting those districts often house heavy industrial uses which would impact residences in the area; and he stated there is a need for such zones in a community. He indicated that the Zoning Commission considered this concern at its public hearing held on May 23, then recommended approval of the amendment as submitted, to include the M-2 district. In response to a question from Mayor Stiff, the Planner indicated that, because of the impending consuitant rewrite of the zone code, the staff was concerned about process- ing this amendment. He noted that this amendment, as well as the following amendment were being processed when the Commission made its recent determination to not initiate any more amendments while the revision was being done. Mr. Roger Craft, 715 West Koch Street , stated opposition to the proposed Zone Code Amendment. He noted the concept is good; however, he is concerned about the lan- guage of the amendment and the definition of "excessive", which Is subjective. He sug- gested that this amendment as proposed does not protect the homes and industriai uses in the industrial zones. Mr. Craft noted that In the updated Master Pian goals and objectives, one of the main goals in the administrative section is to develop objective performance standards for these areas; and he feels that would be a better way to address this issue. Mr. Tom Simkins, Manager of Simkins-Hallin, 124 North Wallace Avenue, indicated he resides at 1219 North Cedarvlew Drive. He stated opposition to the proposed Zone Code Amendment, noting that from a businessman's point of view, investing monies in the area is an uncertainty because of the subjective guidelines involved. He indicated that objective standards are needed so the businessmen and residents know what to expect. Mr. Simkins noted the purpose of the amendment is to protect the health, safety and wel- fare of residents in those Industrial areas. He then noted that residences in those areas 06-19-89 -14- are not in "normal residential neighborhoods". Mr. Simkins then expressed concern that this amendment could negatively impact economic development in the community. He noted many people would like to live in Bozeman, but jobs are not available. He then encouraged denial of this amendment as written. Mr. Mike Money, 105 Teton Avenue, stated he Is speaking on behalf of the Home- builders' Association. He noted that zoning districts are created to maintain a separation between conflicting land uses. He noted that objective performance standards could be usefui in addressing those areas where conflicting land uses mingle or abut. He stated the Association is concerned that the language in this proposed amendment provides for arbitrary standards rather than objective standards. Mr. Money then indicated support for waiting until the revised Zone Code is in place. Mr. Money noted that if objective standards are developed, which could easily be identified by all concerned, the Association could possibly support such a revision to the Zone Code. Mr. Bob Simkins, Simkins-Hallin, stated that his business was located in the indus- trial part of town when It was started. He then encouraged denial of this application. Ms. Chandler Dayton, 716 East Peach Street, stated support for the proposed Zone Code Amendment. She stated it is not adequate; however, it does provide some interim protection for residents while the consultant works on revision of the Code. She indicated she does not feel that adding this language to the supplemental regulations would harm anyone. in response to a question from Commissioner Vant Hull, Ms. Dayton noted that the historical industrial area has also historically included housing. She noted there is no buffer between residential and industrial or commercial uses, indicating that the residepts would like to have the probiems incurred in such a situation addressed. Mayor Stiff closed the public hearing. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission waive the customary one-week waiting period. 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. Commissioner Hawks stated he had envisioned a set of objective guidelines in this Zone Code Amendment. He then indicated that he is not sure this would be appropriate as an interim measure. He then stated that he would prefer to not adopt this amendment, but wait until objective guidelines have been established. Commissioner Vant Hull noted the Commissioners specifically requested that the lan- 06-19-89 -15- guage in Section 18.36.0208.2. be added to the supplemental regulations so it would apply to all zoning districts; and that is the amendment currently before the Commission. She noted that development of objective standards Is an issue that can be addressed by the consultant. She then expressed support for the proposed amendment, noting it will pro- vide the protection which the residents in the industrial areas deserve. The Commissioner also stated she does not feel the language of this amendment would create problems for the businessmen in the area. Commissioner Martel stated concurrence with Commissioner Hawks' comments. He indicated he does not feel it is appropriate to include this type of language in the supple- mentary regulations, which apply to aU zoning districts, since the standards vary from zone to zone. The Commissioner noted that one problem with conflicting uses has arisen in one M-l district; and he does not feel this is the manner in which that issue should be addressed. Commissioner Goehrung asked if the City Attorney has reviewed the language of this Zone Code Amendment. He then "oted potential conflict between the subjective stan- dards of the Zoning Administrator and the objecti've standards of the State Department of Health. City Attorney Becker indicated he has not reviewed the ianguage in the proposed amendment. He then concurred that the Zoning Administrator would enforce this provision of the code in a subjective manner because the objective standards have not been devel- oped. He noted the only objective standards availabie would be those from the State De- partment of Health. Commissioner Goehrung suggested that the consultant be asked to develop objective standards for this section. He further indicated support for adoption of the amendment; however, he suggested it be revised to delete the last phrase, which states lito be injuri- ous to the public health, safety or welfare of the residents of the area. II Mayor Stiff stated he feels the timing of this Zone Code Amendment is extremely Inappropriate, particularly since it Is Immediately before a rewrite of the code. He also hoted it sends a very negative message to the business community, which provides the economic growth in the City. He suggested that adoption of this amendment could cause the businessmen to not make capital Improvements or expansions they may have been con- templating because of the uncertainties that could arise. The Mayor then indicated a desire to leave the code as it is, altowing the consuitant to submit proposed objective stan- dards for this situation. The Mayor then noted that, even though a majority of the Commission does not en- dorse this Zone Code Amendment as submitted, the Planning staff did what the Commission had requested. He suggested the timing of this in comparison to revision of the Zone 06-19-89 -16- Code has a substantial impact on the Commission's decision. Commissioner Hawks indicated that, since he is voting on the majority side of the Issue, if additional information is made available which would cause him to reconsider the issue, he would be willing to bring It back to the Commission for possible consideration at some time in the future. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission deny the Zone Code Amendment to amend Section 18.50 by adding the provision in Section 18.36.020B.2. to the Supplementary Regulations Chapter of the Code and making the provision applicable to all zoning districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Goehrung and Commissioner Vant Hull. This was the time and place set for the public hearing on the Zone Code Amendment requested by the City Commission to amend Sections 18.30.020, 18.32.020, 18.34.020 and 18.36.020 of the Bozeman Municipal Code to Include "the maintenance and reconstruction of existing single-family residential dweiling units, including the expansion of up to 20 per- cent of the existing dwelling unit, as long as the number of dwelling units on the lot is not increased" to the list of permitted uses in the B-2, Community Highway Business, B-3, Central Business, M-l, Commercial--Light Manufacturing, and M-2, Manufacturing Indus- trial, zoning districts. Mayor Stiff opened the public hearing. Planner Tom Sheely presented the staff report. He indicated that under this Zone Code Amendment, which was requested by the City Commission, Sections 18.30.020, 18.32.020, 18.34.020 and 18.36.020 of the Bozeman Municipal Code would be amended to include the following: The maintenance and reconstruction of existing single-family residential dwelling units, including the expansion of an existing singie-famlly dwelling up to 20%, as long as the number of dwelling units on the lot Is not in- creased. The Planner noted that the Zone Code Amendment was also initiated in an attempt to address the problems which have arisen through the development of residential uses in an area which is zoned for light industrial uses. He reminded the Commission that, following discussion, they expanded the scope to include residential uses in B-2, B-3, M-1 and M-2 zones, since there are non-conforming residential uses in all of those zones. The Planner stated that the Planning Staff followed the City Commission's Instruc- tions and prepared this Zone Code Amendment to allow for no expansion of existing single- 06-19-89 t ". -17- famHy residential dwellings. He stated that following its public hearing on this item, the Zoning Commission discussed whether to include all residential units and concurred in Iim- iting it to single-family units only. He noted they then discussed the possibility of allow- ing for some expansion of existing sing I e....fa mil y units , and concurred to recommend to the Commission that they be allowed to expand up to 20 percent, as long as the number of dwelling units Is not increased. Planner Sheely stated that adoption of this amendment would allow those single- family units in the B-2, B-3, M-l and M-2 zoning districts to be repaired or rebuilt in case of disaster. He then suggested that the Commission may wish to consider inclusion of mUlti-family residences in this amendment, even though the Zoning Commission did not. Commissioner Martel asked how the apartments above the retail spaces in the B-3 district would be treated under this amendment. Planner Sheely stated that the inclusion of "multi-family dwelling units" would in- clude those apartments as well. Commissioner Hawks noted that In the older part of town, the lots are 25 feet wide; and two or three of them are used for one residence. He then asked if the definition of a lot will create any problems under this amendment. The Planner indicated it will not, noting that all of that property under one owner- ship is considered one lot under this amendment. Commissioner Martel noted that in an M-l zone, there are zero rear and side yard lot lines. He then expressed concern that an existing residential use could expand to the lot line under this amendment, without any requirement for a variance; and this could cre- ate conflicts with adjacent uses. Ms. Chandler Dayton, 716 East Peach Street, stated support for the proposed Zone - . Code Amendment. She stated she recognizes the problem with zero lot lines, as raised by Commissioner Martel; however, she noted this is their residential area; and any expansions wouid be done with that in mind. She further indicated she does not view this as the end product, but a step in the right direction. She suggested adoption of the amendment would show the consuitant that the Commission is interested in addressing the problems In the northeast sector of the community. City Manager Wysocki reminded the Commissioners that they had requested this Zone Code Amendment to allow residents in tne Industrial areas an opportunity to Insure their homes and obtain conventional financing, as well as to reconstruct in case of disaster. He then suggested that if the Commission wishes to address the concern about expanding to a zero lot line, they could require that residential setbacks be observed. City Attorney Becker noted that under the Uniform Fire Code, there are special con- struction requirements for those buildings which are built to the lot line. He suggest- 06-19-89 '" '. -18- ed those provisions could be referenced under this amendment. Mayor Stiff closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission waive the customary one-week waiting period. 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. Commissioner Hawks suggested that the term "singie-famlly" be deleted, thus allow- ing the maintenance and reconstruction of any residential dwelling unit, so long as the number of dwelling units is not increased. He then expressed an interest in allowing for expansion of a dwelling unit; ,however, he noted that the issue of residential setbacks or special construction for zero lot lines should be addressed . Planning Director Epple suggested that to require compliance with the applicable provisions of the Uniform Fire Code would address the Commissioners' concerns. Commissioner Martel stated he feels this proposed, amendment is inadequate because It does not address issues such as apartments. He then noted concern about attempting to overlay residential setback requirements on a business or industrial zoning district. He further expressed concern about allowing a non-conforming residential use to expand with- out seeking a variance from the Board of Adjustment. He stated he feels a multi-family residence should be given the same opportunity to rebuild after a catastrophic event as a single-family residence in the same zoning district. City Manager Wysocki reminded the Commission that this zone code amendment start- ed as a way to address problems in the M-l district located in the northeast sector of the community, and was later expanded. He then cautioned against unnecessarily limiting res- idential units in and close to the downtown business district, since they are a part of what keeps the downtown viable. He suggested it may be appropriate to adopt this amendment at this time; however, he cautioned the Commission should recognize and address any fu- ture problems that couid arise. Commissioner Goehrung stated he feels that the amendment should be revised to re- fer to "existing residential units" rather than "single-family residential dwelling units". Mayor Stiff stated he feels the timing of this zone code amendment is inappropriate, too, especially since the rewriting of the zone code is about ready to begin. He indicated that to address it in a comprehensive manner during that rewrite Is preferable to this ap- proach. In response to a question from Commissioner Martel, the City Manager indicated this proposed zone code amendment would not affect any remodeling activities within the exist- ing walls of a residential unit. Commissioner Martel expressed concern that this amendment is open-ended with no 06-19-89 06-19-89 .: -. ~ -19- sunset or limiting provisions. Commissioner Goehrung noted this amendment allows for peace of mind and allows a residential unit to obtain the desired insurance. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Zone Code Amendment to amend Sections 18.30.020, 18.32.020, 18.34.020 and 18.36.020 of the Bozeman Municipal Code to include "the maintenance and reconstruction of existing residential dwelling units, in compliance with applicable fire and building codes, including the expansion of up to 20 percent of the existing dwelling unit, as iong as the number of dwelling units on the lot is not increased" to the list of permit- ted uses in the B-2, Community Highway Business, B-3, Central Business, M-l, Commercial-- Light Manufacturing, and M-2, Manufacturing Industrial, zoning districts. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Com- missioner Vant Hull and Commissioner Goehrung; those voting No being Commissioner Martel and Mayor Stiff. B rea k - 8: 25 to 8: 29 p. m . Mayor Stiff declared a break from 8:25 p.m. to 8:29 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. Continued discussion (continued) - Planning Board goals and objectives Planning Director Epple continued with review of the Planning Board goals and ob- jectives, as follows. COMMERCIAL, INDUSTRIAL AND GENERAL ECONOMIC DEVELOPMENT GOALS AND THEIR OBJECTIVES. Add a new 2. and renumber following goals, which reads "Create an identification of the Bozeman area as a recreation and cultural center." Old No.4. Revise to read "Encourage economic development associations to promote the expansion of existing businesses and the location of new businesses that will provide a variety of industrial and commerciai activities, providing they are harmonious with our nat- ural environment. Old No. 6.A. Revise to read "Encourage the City, County and University to coop- erate in coordinating economic goals and iong-range planning. ENERGY AND RESOURCE CONSERVATION GOALS AND THEIR OBJECTIVES. No changes. RESIDENTIAL GOALS AND THEIR OBJECTIVES. 1. Revise to read "Encourage residential development in the City of Bozeman where there is adequate road, bicycle and pedestrian access, with provisions for shopping and commercial development." ..' -~ -20- Add 1.A. to read "Through zoning and subdivision regulations, provide for res- idential development (a) In and adjacent to the Central Business District, and (b) near other appropriate commercial nodes." The Commission briefly discussed the concept of commercial nodal development. Mr. Stephan Custer, Chairman of the City-County Planning Board, indicated that the concept must be instituted while there is little existing development in the area, be- cause high-density residential is needed around a commercial development to make it effec- tive and efficient. He noted the concept does not work well when commercial deveiopment is introduced into an area which has already been developed as low-density residential. 5.A. Discussion was held on possibly expanding this goal. The Commission con- curred that conversion of single-family residences to multi-family residences should be dis- couraged, particularly since adequate parking faclllties are usually not available in the old- er neighborhoods to accommodate the additional living units. They noted that rezoning could help to address the issue. The Pianning Director stated that, in most cases, the lots in the older part of the community are too small to be rezoned from R-3 to R-2. The Commission suggested some alternative zoning to protect those areas may be needed. The City Manager stated he has challenged the Homebuilders' Association to develop a sketch of a subdivision where the houses cost $40,000 to $45,000, not following current regulations. He noted he has not yet received a response to that challenge. He suggest- ed that this could alleviate some of the problems being incurred in the older neighbor- hoods. The Commission requested that this item be placed in the cover memo for Planning Board consideration. ADMINISTRATIVE/REVIEW PROCESS GOALS, OBJECTIVES AND IMPLEMENTATION STRAT- EG I ES . Revise goal to read "Develop a clear land use review process that provides for ob- jective standards where possible for all land and/or building development while ensuring provisions for adequate public review. 1. D. Revise to read "Develop and present a proposal for re-aligning the City- County planning jurisdictional boundary so that it coincides with the City's extraterritorial zoning district boundary. This proposal should reflect anticipated growth patterns in the jurisdictional area, and ultimately, sewer and water service area boundaries and entryway aesthetic considerations." 1. E. The City Commission Indicated a desire to encourage the County Commission to impiement new planning and zoning districts Immediately surrounding the community to ensure orderly growth. 06-19-89 ~" \- ~. . -21- Planning Director Epple reminded the Commission that County planning and zoning districts must be initiated by the residents, rather than the County, unless the County is willing to create a county-wide district. Following discussion, the Commission indicated they might be willing to decrease the jurisdictional area in some places if they were assured of County planning and zoning. They then requested that the Planning Board consider this issue and develop the appro- priate verbage for this implementation strategy, suggesting the following as possible lan- guage "Encourage the County Commissioners and County residents to develop additional planning and zoning districts surrounding the present and/or proposed jurisdictional boundaries. " Mr. Custer stated that review of resolutions adopted by the City Commission and the County Commission reflect a difference In philosophy. He cautioned those differences must be taken into consideration when preparing the language for this strategy. 3. Revise to read "Require the City-County Planning Board to prepare a prlor- itlzed five-year long-range program of work, annually review the program, and annually prepare a program budget which prioritizes implementation activities and identifies funds to help pay for these activities. HISTORIC PRESERVATION GOALS, OBJECTIVES AND IMPLEMENTATION STRATEGIES. No changes. The next step in this process was discussed. Mr. Stephan Custer noted that many of the revisions are quite straightforward and should create no problem; how~ver ,he feels that a few of them will create concerns for the County Commissioners. He then indicated the City-County Planning Board will be holding a special meeting on Monday, June 26. He suggested that they review the re- visions at that time, identifying those whichshouldn1t require discussion and those which will. He noted that the City Commission and the County Commission could then meet to discuss those few revisions that may not be acceptabie to the County Commission as proposed. Planning Director Epple indicated he will get these revisions made as soon as possi- ble and get the new drafts distributed to the County Commission, City Commission and City- County Planning Board as soon as possible. Adjournment - 10:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. 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. 06-19-89