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HomeMy WebLinkAbout1990-03-26 i,.. --- of' ~ .'. \-.. .i MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 26, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 26, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung,Commissioner Frost, Commissioner Swanson, Commissioner Knapp, 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 - March 19, 1990 Mayor Hawks deferred action on the minutes of the regular meeting of March 19, 1990 for a period of one week. .","', Award bid,... one backhoelloader for Cemetery Division (CIP) City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phill Forbes recommending that the bid for the backhoe/ loader be awarded to Kamp Implement Company, Belgrade, Montana, in the bid amount of $32,997, it being the lowest and best bid received. He then concurred in that recommendation, reminding the Commis- sion that this piece of equipment is to be funded through the recently-approved capital improvement program. It was moved by Commissioner Goehrung , seconded by Commissioner Frost, that the bid for purchase of one backhoe/loader for the Cemetery Division be awarded to Kamp Im- plement Company, Belgrade, Montana, in the bid amount of $32,997, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Com- missioner Knapp and Mayor Hawks; those voting No, none. This was the time and place set for the continued public hearing on the Preliminary Plat Review of Westfield Subdivision, Phase II, which is located in the southeast one- quarter of Section 24, TownshIp 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located west of Wagon Wheel Road and south of Westfield Subdivision, Phase I. 03-26-90 ,.;..~;~~;.t:~~;, . .. .. $ . . .. .> :;0 .~ ... - 2 - Mayor Hawks opened the continued public hearing. City Manager Wysocki reminded the Commission that a majority of this public hear- ing was held at last week's meeting; however, two of the Commissioners were absent. He then noted that included in the packets was a memo dated March 22, 1990, from the Recre- ation Advisory Board; and just distributed was a memo dated March 26, 1990, from the Planning staff. Planner Dave Skelton briefly highlighted the memo. He noted that Condition No.3, as recommended by the City-County Planning Board can be eliminated, since it is a repeat of Condition No. 13. The Planner then stated that Condition No. 6 requires that all public improvements be constructed within a 45-foot right-of-way, so the developer can install a narrow street, as he did in Phase I. He noted that the developer has indicated his intent to construct a standard street within a 60-foot right-of-way in this phase of the development. He in- dicated that this condition will allow Mr. Daines to construct his improvements within the 60-foot right-of-way as he wishes, since it only sets forth the minimum requirements. Planner Skelton stated that Condition No. 7 specifies that the final plat shall reflect that the park is not a publicly owned or maintained park. He noted that in the memo just received from the Recreation Advisory Board, they request that the park be a dedicated public park rather than a private park. They further state support for a larger tract pa.rk rather than a I inear type park as proposed in this subdivision. The Planner stated that in the master plan for this subdivision, which was approved in 1984, a more rectan- gular park was proposed; however, the additional right-of-way needed to make Concord Drive a standard street has created a need to narrow the park area so buildable lots are ensured. He further noted that the parks in that subdivision have been proposed as pri- vate parks; and the Planning staff has supported that proposal because of the small size of the parks as well as the lack of sidewalks in the area. He further noted South Third Avenue and Graf Street are major thoroughfares; and designation of these parks as com- munity parks open to the public could cause small children to cross those streets. The Planner stated another issue raised during last week's meeting was participation in a payback for SID No. 610, which funded the installation of water and sanitary sewer for Woodridge Addition. He noted a number of questions on the payback proposal remain unanswered at this time; therefore, he suggested that if the Commission wishes to include this item in the conditions for approval, it could add a condition which states: That if in fact it is determined that beneficial use from SID No. 610 is rec- ognized with the development of Westfield Subdivision, Phase II, and that the beneficial use can be quantified, the developer shall participate in a reimbursement to SID No. 610. City Manager Wysocki suggested that lias reviewed and approved by the Di rector of 03-26-90 .,: .. ., . ., I j> , .' - 3 - Public Service" be added to Condition No. 6 to ensure that the curbs, gutters and side- walks are installed in an appropriate and timely manner. Commissioner Frost noted that at the Recreation Advisory Board meeting, members of that board expressed concern that a linear park could turn into an extension of the back yards of those properties abutting the park. Planner Skelton responded that was one of the Issues discussed at the City-County Planning Board hearing. He noted it was determined, as indicated earl ier, that with the widening of the Concord Drive right-of-way as well as the street within Phase III, it is necessary to revise the placement of the lots, thus narrowing the park area. He stated ,- that after discussing the Issue, the Planning Board concurred this is an appropriate change. Mayor Hawks asked about public access to the park, which serves as a greenbelt area. He noted the Master Plan designates the railroad right-of-way, which is directly across the road from this development, as a continuation of the public park and open space. He then suggested this may have some impact on the park within the Westfield Subdivision. Planner Skelton reiterated that the size of the park and lack of walkways to the subdivision dictate that the park within the Westfield Subdivision is better developed as a private park. He noted that the railroad bed can be improved and maintained as a public park, open to the community. I n response to a question from Commissioner Swanson, the Planner stated that the City Attorney, Administrative Services Director, Planning Director and City Manager need to review this proposal to determine what beneficial use it might derive from tying onto the water and sanitary sewer lines constructed under SID No. 610 before making a recommen- dation to the City Commission on any payback to that SID. The City Manager indicated that the sewer I ine for Westfield Subdivision, Phase I, was extended from the main in Graf Street to the subdivision; and that line runs parallel to the one constructed through SID No. 610. He further noted that the developer must provide a looped water system through development of this phase; and that looping will benefit those in Woodridge Subdivision as well should a problem be incurred with the main line constructed through SID No. 610. He cautioned that those factors will enter into the determination of what beneficial use will be derived from those improvements constructed under the special improvement district. In response to a question from Mayor Hawks, Planner Skelton indicated that under the planned unit development process, through which this entire subdivision was approved in 1984, the park area was established as a private park to be maintained by the Home- owners' Association. He also noted that under the PUD process, SO percent of the park 03-26-90 ,"1),.".- .. .. . . . ;, . ~ - 4 - requirements must be In a park area; however, the remaining SO percent maybe in a des- ignated common area. In this subdivision, the common area is located in the natural vege- tative buffer around the perimeter of the project as well as in the landscaped swale run- ning through the development. Mr. Clair Daines, 41 Hitching Post Road, applicant, stated that had the market al- lowed development of the project at the rate anticipated when the original application was approved in 1984, this application would not be before the Commission at this time. He then indicated that due to changes in the market, he has slightly changed the format of the development to include wider streets and slightly bigger lots. He noted that his initial target was the first-time home buyer; however, costs have dictated that the purchasers are typically first-time upgrades, with the wide streets and large lots being sought. Mr. Daines stated that in the initial proposal for this development, a linear park was contemplated; however, that plan was changed to a more rectangular park somewhere in the process. He stated that the Westfield Park Homeowners' Association is very active; and they maintain the present park and open spaces, noting that if the parks were public, the City would be required to do the improvements and maintenance. Mr. Daines stated that if a payback to SID No. 610 is determined appropriate, he is willing to contribute his fair share for this new phase. In response to a question from Mayor Hawks, Mr. Daines stated he has proposed to install a wider street in this phase because that is what the potential buyers want. He further noted that buyers want to abut a public street which is maintained by the City, rather than living along a private street and paying City taxes without receiving the same benefits as other City residents. No one was present to spea~ in opposition to the requested Conditional Use Permit. Mayor Hawks closed the continued public hearing. A decision will be forthcoming in one week. This was the time and place set for the continued public hearing on the Zone Map Change from AS to RS-l, requested by Lewis and Sarah Zimmer and Thomas and Nancy Holmquist. Subject property is located in the northwest one-quarter of Section 20, Town- ship 2 South, Range 6 East, Montana Principal Meridian, more commonly known as being south of Kagy, east of Highland and north of Sourdough Ridge Subdivision. Mayor Hawks opened the continued public hearing. Ms. Margo Varberg, 104 Sourdough Ridge Road, asked if the streets in a develop- ment on this subject parcel would complement those in the Sourdough Ridge Subdivision, 03-26-90 i ,. ,- t , . - 5 - suggesting that the extension of Donnegal Drive would be appropriate and help to alleviate access problems. She also asked if the City or the County has a long-range plan for evacuation of subdivisions In that area, particularly in the event of a natural disaster. Mayor Hawks stated that the roadway system is not an issue which can be appropri- ately addressed under a zone map change; but rather must be addressed during subdivi- sion review. He further noted that the City's current transportation plan is lacking; and that criticism is well deserved. Mrs. Sarah Zimmer, applicant, stated that she and Mr. Gene Cook, who owns the adjacent parcel, propose to plan their developments so that most of the roadways can tra- verse those two parcels. She then stated that Ms. Varberg's concern is legitimate; and hopefully future planning steps for her subject property can help to alleviate some of the problems faced by residents in the Sourd()ugh Ridge Subdivision. No one was present to speak In opposition to the requested zone map change. Mayor Hawks closed the continued public hearing. A decision will be forthcoming in one week. on a MPM The City Manager presented Ordinance No. 1307, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1307 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "AS" (AGRICULTURAL SUBURBAN) TO AN "RS-l" (RESIDENTIAL-- SUBURBAN COUNTRY ESTATES, ONE-ACRE MINIMUM) DISTRICT ON PROPERTY IDENTIFIED AS BEING APPROXIMATELY 80 ACRES LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. City Manager Wysocki recommended that action on this item be tabled until a deci- sion has been made on the above agenda Item, since this ordinance would implement that action. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that action on Ordinance No. 1307 be tabled until after the decision on the zone map change request has been made. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commis- sioner Goehrung and Mayor Hawks; those voting No, none. Continued discussion - ro osed dedication of Fieldstone Drive to Cit ublic street - ark Homeowners Association The City Manager reminded the Commission that they had requested this item be 03-26-90 ,,' ~ " I - 6 - placed on the agenda. I n response to a question from Mayor Hawks, the City Manager indicated that the staff has not had an opportunity to develop a formal recommendation on the request. I n response to a question from Mayor Hawks, Mr. Joe Bateson, President of the West- field Park Homeowners' Association, indicated that the suggestion made at last week's meet- ing that the homeowners maintain responsibility for snow plowing was an attempt to allevi- ate possible City concerns about accepting dedication of Fieldstone Drive as a public street and increasing the City crews' workload. He noted that Fieldstone Drive is a 28-foot-wide street, which is narrower than the City's 37-foot street standard. He noted that the As- sociation has informally voted to limit parking to one side of the street, with no parking allowed on the south side; and they would be willing to accept the posting of UNo ParkingU signs. He noted that the Association also informally approved maintaining responsibility of the snow plowing efforts if the City decided it did not wish to plow the streets after the street is dedicated as a public street. He stated that in 1988-89, the monthly bill for plowing was $9.90 per house; and in 1989-90 it was $8.81 per house. Mr. Dave Ward, 605 Fieldstone Drive, stated the residents along Fieldstone Drive are willing to take whatever steps are necessary to dedicate the street to the City as a public right-of-way. He indicated that the residents in that phase have also indicated support for whatever manner is deemed appropriate for interfacing Fieldstone Drive with Concord Drive, since the streets will be different widths. Mr. Bateson stated that the residents of the Westfield Park Homeowners' Association are interested in dedicating Fieldstone Street to the public so they are no longer responsi- ble for repair of the street. He noted that the residents in that subdivision live within the City limits and pay all of the normal City taxes; however, they do not receive the same services as other residents. City Manager Wysocki stated that staff opposed allowing Fieldstone Street to be con- structed as a private street, at a width which was narrower than local street standards, because they anticipated that the Association would approach the City with a proposal to dedicate it as a public street a few years later. He then noted that staff has reviewed the street for snow removal; and it would probably be necessary to plow all of the snow to the south side of the street since the sidewalk is located adjacent to the curb on the north side. The City Manager then stated it will be necessary for staff to review the manner in which the private street right-of-way has been established before a determination can be made on the appropriate manner in which to dedicate It as a public right-of-way. He then asked if the Commission Is interested in having the staff pursue this next step; they in- dicated that they are. The Manager then noted that staff will submit a report as soon as 03-26-90 .. .. - ~ , , # - 7 - possible. abol- Irectors City Manager Wysocki presented Commission Resolution No. 2782, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING COMMISSION RESOLUTION NO. 2040, THEREBY ABOLISHING THE BOZEMAN SENIOR CITIZEN ADVISORY COUNCIL, AND DESIGNATING TO TAKE ITS PLACE THE BOARD OF DIRECTORS OF THE BOZEMAN SENIOR SOCIAL CENTER, A NON-PROFIT CORPORATION, AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. Commissioner Knapp stated she has reviewed this resolution; however, she is confused about the division of responsibility between the City and the senior social center. She then proposed that act,lon' on this resolution be tabled for a period of six to eight weeks and that Mayor Hawks appoint a sub"commfttee to study the issue in more depth. Mayor Hawks a$ked Commissioner Knapp to propose persons to be appointed to the study committee for his consideration. It was moved by Comn'llS'sioner ~ftapp, secdnded by Commissioner Frost, that action on Commission Resolution No. 2782 be tabled for a period of six to eight weeks to allow a sub-committee to study the Issue. The mot/on carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Swanson, Commissioner Goehrung and Mayor Hawks; those voting No, none. Review of Historic Preservation budget unit for Fiscal Year 1989-90 City Manager Wysocki stated that Mr. Keith Swenson, Chairman of the Historic Preservation Advisory Commission, is present to discuss this item. He noted that included in the packets was a memo from Historic Preservation Officer Dennis Seibel indicating that a $4,000 shortfall is anticipated in that budget unit during this fiscal year. Mr. Keith Swenson distributed to the Commission a memo providing a brief history of the Historic Preservation Office, its current situation, and anticipations for the upcom- ing year. He noted that In Fiscal Year 1986-87, the City received a $4,000 grant from the State Historic Preservation Office (SHPO); however, the program was mechanically not sound and $1,000 had to be returned. In 1988-89, a grant in the amount of $7,500 was received from SHPO, with the City funding $2,500 in cash and $2,500 in in-kind services; and $2,500 in in-kind professional services was donated to provide the necessary local match. In Fiscal Year 1989-90, the SHPO grant was reduced to $5,750 from the anticipated $7,500, with the City providing the same funding match as in the past year. 03-26-90 . , ,~ . . ~ - 8 - Mr. Swenson then noted that the City received a $2,000 grant from the National Trust, and a $1,000 grant from SHPO; then, earmarked $3,000 of Its $10,000 cash contri- bution for the planning consultants to develop the base for the historic preservation sections of the new master plan and zone code. He stated it was anticipated that the HPO would do some of the legwork for those sections; and $1,000 of those monies could be re- tained locally for this budget unit. He noted that was not accomplished; therefore, all $6,000 was paid directly to the consultants. Mr. Swenson stated that other anticipated revenues have not been received as pro- jected; and the budget unit realized shortfalls in monies from newsletter subscriptions and poster sales. Also, operating expenses have been higher than anticipated. Mr. Swenson stated that the number of applications received for historic preserva- tion projects is lower than projected; however, that number is slowly increasing. He sug- gested that under the new Interim zoning ordinance, he anticipates that a portion of the shortfall in funding will be covered, projecting that the actual shortfall at June 30 will be around $3,000. He suggested it would be appropriate to fund that shortfall from the zon- ing budget unit if monies are available, particularly in light of Ron Brey's upcoming change in positions within the City. Mr. Keith Swenson then briefly highlighted the anticipated funding for the upcom- ing fiscal year. He stated a $6,000 SHPO grant is anticipated; and project review fees are estimated at $3,000 to $5,000. He suggested that with the new review procedures under the new zoning document, It would be appropriate to integrate the Historic Preservation Officer into the Planning staff. He Indicated this would help to reduce the double review steps currently being done by the HPO and a Planning staff member; and the HPO position could be funded partially through the historic preservation efforts and partially through another budget unit. Mr. Swenson noted he has discussed this possibility with the Plan- ning Director and Historic Preservation Officer; however, he has not yet submitted the proposal to the City-County Planning Board for consideration. I n response to a question from Mayor Hawks, Mr. Swenson noted that the new zon- ing ordinance could reduce the amount of zoning administration required on historic prop- erties. In response to a question from the Mayor, Planning Director Epple stated he has not yet analyzed the budget for zoning administration; however, he feels it would be rea- sonable to transfer any unused monies from that budget unit to help cover the shortage in the historic preservation budget unit at the end of the fiscal year. He cautioned, howev- er, that he does not believe there will be the amount necessary to cover the shortfall. The Planning Director then noted that under the new zoning code, the zoning enforcement requirements will not be eliminated; therefore, some of the zoning administrator's time will 03-26-90 , . , ~ - 9 - still be needed in those areas with historic overlay districts. City Manager Wysocki noted that if the Historic Preservation Officer is incorporated into the Planning staff, the position will probably be considered as a zoning activity; therefore, it will be funded through the General Fund and must vie for monies with all other General Fund activities. He then noted that Historic Preservation Officer Seibel has indicated to him that SHPO is pushing for a full-time Historic Preservation Officer; and that change will be considered along with all other requests for additional manpower. Administrative Services Director Gamradt stated that at the present time, historic preservation is considered as a separate fund; however, its shortage for this fiscal year will be funded from the General Fund. He then indicated that if the Commission approves this request, the appropriate budget amendment will be submitted in one of the upcoming comprehensive budget amendment processes. Mr. Swenson suggested that if the Historic Preservation Officer is incorporated into the Planning staff and is made a full-time position, funding for the position should be con- sidered from the Planning Fund as well as the General Fund in addition to the Historic , Preservation monies. Mr. Swenson then stated it is important to maintain its Certified Local Government status as well as to maintain its good relationship with the State Historic Preservation Of- fice. He noted that the City has recently submitted $15,000 in grant applications for vari- ous projects; and there are only $45,000 in monies available for the entire State. The Commission indicated its Intent to fund the shortfall in the Historic Preserva- tion budget unit for Fiscal Year 1989-90. The City Manager indicated a budget amendment will be processed during the upcoming budget review. Discussion - proposal submitted by Darlgold re land swap for sculpture park The City Manager stated that Darlgold has submitted a proposal for a land swap with the City for the proposed sculpture park. Historic Preservation Officer Dennis Seibel distributed to the Commissioners a tabu- lation of the anticipated costs of the project along with a drawing of the proposed park. He noted that he has been working on this project for over a year; and the initial pro- posal was to construct the park on a portion of Darigold's property, lying just north of the existing building, in exchange for use of the City's 30-foot public right-of-way adja- cent to North 7th Avenue. Mr. Seibel stated that Darlgold has now submitted a proposal that, rather than utilizing easements, the City enter into a land swap. Under this proposal, the City would exchange the 30-foot strip along the front of the Darlgold building for a 37- to 40-foot strip of land across the three vacant lots to the north. He noted that Darigold has been 03-26-90 .. . . ~ ~ - 10 - using the 30-foot strip of City right-of-way for Its parking for several years; and the strip runs from Juniper Street to Birch Street, or a distance of only two blocks. The HPO noted that under this proposal, the sculpture park would be totally located on City property. He indicated that he and the City Attorney are basically in agreement with the proposed land swap; and Director of Public Service Forbes has Indicated conceptual con- currence. Historic Preservation Officer Seibel then reviewed the estimated costs of improving the sculpture park. He noted that over $10,000 of the projected $13,000 cost has been covered through cash contributions or In-kind commitments. He noted the remaining $3,200 is basically the cost of installfng the sidewalk, for which he has suggested City funding. He noted that Darigold will install the underground sprinklers and provide the water, as well as mow the lawn in the summer and plow the sidewalks in the winter. Mayor Hawks asked if any provision has been made for parking, noting that orig- inally Darigold had Indicated a willingness to allow parking in a portion of their parking lot. Mr. Mike Cok, attorney representing Darigold, stated that Darigold is reluctant to allow visitors to the sculpture park to park on the property they are actively using due to potential conflicts between those private vehicles and their large trucks. Mr. Cok noted that the City has never improved or maintained the 30-foot access strip along North 7th Avenue; therefore, Darigold paved it for a parking lot. He sug- gested that people manning the Chamber of Commerce Information booth could possible use one or two of the parking stalls in that paved area; however, they do wish to discourage visitor parking there. He suggested that tourist parking could be provided on North 7th Avenue, particularly for recreational vehicles. Also, a curb cut could possibly be in- stalled, or people could be encouraged to enter from the north through the 30-foot public right-of-way that will be remaining. City Manager Wysocki suggested that if the sculpture park were deep enough, visi- tor parking could possibly be provided in the back. He noted that this would allow better visibility of the park from the street rather than blocking it with parked cars. Mr. Cok responded that any parking area must be kept away from the Darigold building and activities to ensure that potential conflicts between personal vehicles and semi trucks are minimized. He stated he does not anticipate that more than three or four peo- ple would be frequenting the sculpture park and visitor's center at anyone time. Mr. Cok then reminded the Commission that the three vacant 75-foot-wide lots are zoned for commercial use; and the proposed land swap will essentially cut off use of those lots from North 7th A venue access. He noted that this results in a substantial loss of value to Darigold unless they decide to utilize the back portions of those lots for their own ac- 03-26-90 . .,. . ~ .r - 11 - tivitles. City Manager Wysocki asked if the Commission is interested in the proposed land swap. Commissioner Goehrung noted this is a different approach from the original pro- posal, questioning what type of legal action would be required to accomplish the proposed land swap. City Attorney Becker Indicated that the proposed land swap would essentially result in a street vacation. Each of the Commissioners, In turn, stated an interest in pursuing this proposal of a land swap. Ms. DarIa Joyner, Executive Director of the Bozeman Area Chamber of Commerce, reminded the Commission that the visitor's center opens on May 30. She then asked if the new site will be available for use by that date, or if it must remain at its current site for another year. Historic Preservation Officer Seibel indicated it might be possible to open on the new site. Executive Session re litigation Mayor Hawks stated this is the time set for discussion of litigation of the case of Three Rivers Disposal and Waste Management Partners versus the City of Bozeman. He stated that, pursuant to Section 2-3-203 (4), he, as presiding officer, has determined that an open meeting would have a detrimental effect on the litigating position of the City, stating his intent to close the meeting. Mr. Tad Brooks, reporter for the Bozeman Daily Chronicle, stated his objections to the closing of the public meeting and asked that it not be closed until he has had an op- portunity to consult with his legal advisor. At 5:22 p.m., Mayor Hawks called an executive session for the purpose of discuss- ing litigation and requested that all persons except the Commissioners, City Manager Wysocki, City Attorney Becker, legal counsel Barry O'Connell, Administrative Services Di- rector Gamradt and the Clerk leave the room. At 5 :55 p.m., Mayor Hawks closed the executive session and reconvened the open meeting. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission authorize and direct the City's legal counsel to submit an offer for final settle- ment to Three Rivers Disposal and Waste Management Partners of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung I Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor 03-26-90 ~ . " , ~ - 12 - Hawks; those voting No, none. Continued discussion - request submitted by Page Wellcome re deceleration of accelerated delinquent assessments The City Manager reminded the Commission that Mr. Wellcome had submitted his re- quest for deceleration of accelerated delinquent assessments at last week's meeting. He then reminded the Commission of the previous Commission's decision made on December 11, 1989, at which time it was determlnedlhat no accelerated delinquent assessments would be decelerated. Commissioner Knapp noted that at last week's meeting, Mr. Wellcome indicated that he had attempted to pay his bill every year; and she had specifically asked him if his checks had been returned. The City Manager stated he believes that Mr. Wellcome's client has attempted to pay only a portion of the back-due monies plus the current payment; however, the City has been unable to accept partial payments under current regulations. Mayor Hawks asked the City Attorney If he has had an opportunity to review the comments submitted by Mr. Wellcomelast week to determine if there are any legal ramifica- tions involved. City Attorney Becker responded that he has reviewed the comments and written memorandum submitted at last week's meeting; and he has found no new legal arguments in that document. He then reminded the Commission that under the 1989 legislative change, the City now has the option to decelerate accelerated delinquent assessments; however, it is not mandatory. Commissioner Knapp noted that in t~stimony submitted at last week's meeting, Mr. Wellcome stated that Mrs. Wellcome hadnllsplaced the 1984 assessment bi II; therefore, she failed to make payment by the November 30 deadline. She noted that penalty and interest on the entire balance became due and payable at that time; and Mrs. Wellcome has refused to pay the entire amount of assessments, penalties and interest owed since that time. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission reaffirm its position to not decelerate accelerated delinquent assessments; and direct the staff to notify Mr. Wellcome of Its decision in writing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 03-26-90 :_',-...~h . . . ., ., . - 13 - City Manager Wysocki submitted to the Commission a letter from the Chamber of Commerce, in conjunction with Earth Week Celebrations, the Montana Counci I of Boy Scouts and the City Beautification Committee, requesting that the Commission proclaim the period April 16 to May 5 as "Earth Awareness, Clean Up and Beautification Community Project". He noted the letter further indicates that the community clean-up campaign has been scheduled for Saturday, April 21; and the groups further request that April 21 and April 28 be established as free dump days for City residents. Commissioner Goehrung noted that in the past, free dump days have been estab- lished for City residents, with all garbage being accepted. He then suggested that this year, with the emphasis being placed on implementation of a pilot curbside recycling pro- gram, the free dump days be open to City residents only with the further stipulation that the loads be free from aluminum cans, glass, newspapers and metals. He suggested that if any recycables are included In the load, the resident should be charged the standard landfill gate fee. Following a brief discussion, the Commissioners concurred with Commissioner Goehrung's suggestion. They further concurred that no area will be designated at the landfill for collection of recylcables, rather residents will be encouraged to take their recyclables directly to the appropriate private businesses. In response to a question from Commissioner Knapp, the City Manager indicated that the City has provided the garbage bags for the clean-up campaign each year since this program was started. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1 ) Items included in the Commissioners' packets are as follows: notice of a Tax Reform Coalition meeting scheduled for 7:30 a.m. on Wednesday, March 28; notice of the pilot composting program, which Is to begin in mid-May; and agenda for the City-County Planning Board meeting to be held this evening. (2) The City Manager announced he has no weekly report since he was on vaca- tion a majority of last week. (3) Mayor Hawks stated he gave a welcome address to the State Water Conven- tion as well as a welcome to the 100th Anniversary Eastern Star, Lilly of the Valley Chap- ter 4 Conference. 03-26-90 , . . ': . - 14 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Bell - "The ; refer to eso- COMMISSION RESOLUTION NO. 2783 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF SCIENTIFIC MATERIALS CORPORATION FOR TAX REDUCTION UNDER SECTION 15-34-1401, ET SEQ, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commission- er Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Recess - 6:12 p.m. Mayor Hawks declared a recess at 6:12 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearing. Public hearing - proposed amendments to interim zoning ordinance This was the time and place set for the public hearing on the proposed amendments to the interim zoning ordinance. Mayor Hawks opened the public hearing. Planning Director Andy Epple presented the staff report. He reminded the Commis- sion that on February 12, they adopted Ordinance No. 1303 establishing an interim zoning ordinance. He noted that at that time, staff and members of the City-County Planning Board recognized that several areas of the new zone code were not yet totally reviewed; therefore, problems could arise during the interim period. The Planning Director stated 03-26-90 -.- . .. ~ . . . . .' - 15 - that several problems have arisen; and the Planning Board feels it would be more appro- priate to address those through amendments to the interim zoning ordinance rather than wait until adoption of the new zone code, which is anticipated in June or July. Planning Director Epple stated that the proposed amendments fall into six cate- gories, briefly highl ighting those categories and the revisions contained therein, as fol- lows. (1) Changes in definitions. These changes are generally the result of proposed changes in the use lists. (2) Revisions to the use lists in all of the zoning districts. This revision in- cludes a compilation of the lists prepared by BRW, with those uses not applicable to Bozeman being stricken, and the use lists contained in the City.s old zone code. He noted that Planning Board member Debbie Berglund also went through the yellow pages in the telephone book and wrote down all of the uses listed; and the zone code was then reviewed to ensure that each of those uses was reflected in the proposed amendment. (3) Revisions to the Amendments to Site Plans, including the re-use of existing facilities. The Planning Director noted that under the proposed revisions to this section, the process for re-use of existing facilities would be more streamlined for minor projects. He submitted to the Commission a "minority report" from Debbie Berglund, who was unable to attend the committee meeting at which this section was rewritten. He stated that the committee did consider all of the comments which she has submitted in her memo, the main one being that at least 50 percent of the landscaping requirements be satisfied; and con- sciously decided on the revisions as presented. The Planning Director stated that this revision has been prepared as a result of the complications incurred when an upholstery shop was proposed within a structure which was originally constructed as an upholstery shop. He noted that under this section, the Plan- ning Director must review the proposal for re-use to determine if the proposed use is per- mitted in the subject zone; that there is no proposed change to the site or exterior of the building; and that no additional traffic impacts or other measurable off-site impacts will be created. He noted that if all of those questions are answered affirmatively, he can ap- prove the project as a minor modification. ( 4) Revisions to the Planned Unit Development section. This section includes additional language to refer to the Concept Plan Review. It also contains the revision pre- viously approved by the Commission to Include Commission approval rather than final action being taken by the City-County Planning Board. The Planning Director stated that the Concept Plan Review will be conducted before the Development Review Committee; and that process will determine how extensive the remain- der of the review process will be. He then Indicated that, whenever possible, the prelim- 03-26-90 . ... . ., . . ~ , , - 16 - inary site plan and the final site plan may be submitted and approved concurrently, rather than the current two-step process. (5) Zone Map Change for the Evangelical Church annexation. This annexation process was recently completed; and the existing AS zone is not a City zoning designation, so must be changed. The Planning Director noted that the staff has reviewed the zoning which was re- quested for the subject parcel, and determined that R-3 would be an appropriate zoning designation to be placed on the five-acre Evangelical Church parcel, with PLI zoning for that two-acre parcel which is owned by Montana State University ~ He stated that the original request for zoning submitted by the Evangelical Church was for an R-4 zoning designation; however, staff feels that a medium-density residential zoning designation would be much more appropriate than a high-density zoning. (6) Zone Map Change for the Brentwood Subdivision. This zone map change from R-MH to R-2A should have been Included in the change previously approved by the Commission; but a portion was inadvertently omitted from the revised zoning map dated January 18, 1990. The Planning Director reminded the Commission that the Brentwood Subdivision is a portion of the former Annie Subdivision; and the R-MH zoning was requested by the prior owner. He noted that the owner of the Brentwood Subdivision requested and received a change from R-MH to R-2A; however, only the zoning for that subdivision was changed on the map, and the rest of the R-MH zoning was left. He stated that this amendment will implement the intent of the application as originally submitted. Planning Director Epple stated that several sub-committees, comprised of a few Planning Board members and at least one staff member, have been working on various sections of the zone code to generate the modifications deemed appropriate prior to final adoption of the document. He noted that these amendments, as proposed, are a result of those committees' work. In response to a question from City Manager Wysocki, the Planning Director indicat- ed a small Planned Unit Development could be two or three buildings; or It could be two or three uses within one structure. City Manager Wysocki suggested that the Commission may wish to direct staff and the Planning Board to review Debbie Berglund's memo prior to final adoption of the zone code. Mayor Hawks stated the deficient landscaping provisions on existing properties was an issue discussed at length during the process; however, no consensus was ever reached. He noted that during this interim process, it is important to develop some mech- anism for addressing the Issue. He also cautioned that when addressing this issue, one 03-26-90 . ... ". , , . . ~ . . - 17 - item to be considered Is whether costs of the additional requirement will create unfair com- petition for the relocating business. In response to a question from Commissioner Frost, the Planning Director stated that mobile home subdivisions and mobile home parks may be located in the R-MH district. He noted that mobile homes meeting very stringent requirements and anchored to perma- nent foundations may be located In the R-2 through R-3 zoning designations. Commissioner Frost then noted support for Debbie Berglund's suggestion that a percentage of the landscaping requirements be met for re-use of a facility, stating he feels that SO percent is an appropriate figure. He stated this type of requirement will help to bring properties throughout the community into compliance with the code. Planning Director Epple stated that such a requirement would contribute immensely to the beautification of the community; however, he reminded the Commission that it is not a part of the interim zoning ordinance. He then noted that the staff process twenty to thirty business license applications each month; most of those for re-use of existing facil- ities. He noted that probably 70 to 80 percent of those applications are for properties which do not meet the landscaping requirements. Mayor Hawks requested that public testimony be submitted under the various sections of the proposed amendments. (1) Changes in definitions. Mr. Don Weaver, 2404 Spring Creek Drive, provided a brief history of engineering and electronics research businesses over the past thirty years. He noted it is important that these businesses be allowed to start small and grow slowly over the years to ensure thei r success. He then stated that assembly is often a by-product of this industry; and it is important to allow that activity to be a part of the business. Mr. Weaver then sug- gested that under the definition for IIresearch and development laboratories" the words "in- cluding assembly, I ike in electronics laboratories" be included. He further suggested that "research and development laboratories II be included as conditional uses in the R-O, B-1, B-2 and B-3 zoning districts. Planning Director Epple noted that this suggestion could be addressed prior to final adoption of the zone code, rather than including it in the amendments at this time. Mr. Weaver stated concurrence with that process. He noted it is important that an Intermediate step be provided for fledgling businesses when they grow too large for the home but are not yet large enough to be viable in the business park zoning. Mr. Robert Lee, 2101 Fairway Drive, expressed concern about the definition of "of- fices II . He noted that 1I0fflces" are defined in the code; however, under the use lists, "offices" are listed in the R-4 zone; "business offices" are listed in the R-O zone; "pro- fessional and business offices" are listed in the B-1 zone; "offices" are listed in the B-2 03-26-90 ..'<;; J ..a~~' , .. ",., ,. '.Ji~'. ~ ~"" . .."j~' .. - 18 - zone; "offices, public or private" are listed in the B-3 zone; "offices, professional" are listed in the M-1 zone; and "professional and business offices" are listed in the BP zone. Mr. Lee stated that the differences between the definitions and use lists should be elim- inated to ensure more ease in administering the code. (2) Revisions to the use lists in all of the zoning districts. Mr. Don Weaver requested that his testimony be considered under this section also. (3 ) Revisions to the Amendments to Site Plans, including the re-use of existing facilities. Mr. Robert Lee cautioned the Commission to consider the financial impacts of requiring that a percentage of th~ landscaping requirements be met for re-use of existing facilities, noting that he does concur it would help toward beautification of the community. He also cautioned that such a requirement could result in urban sprawl, leading to more vacancies in existing structures. (4) Revisions to the Planned Unit Development section. Mr. Robert Lee stated he would like to see a definition of "minor modification" of a Planned Unit Development In the clefinilions portion of the code, noting that would help to reduce ambiguity. He noted that if full-scale plans are required for a small-scale project, the architectural fees involved could be exorbitant. (5) Zone Map Change for the Evangel ical Church annexation. No comments were submitted. (6) Zone Map Change for the Brentwood Subdivision. Mr. Michael Garrity, owner and developer of Brentwood Subdivision, stated he pro- poses to construct stick-built homes within the subdivision. He indicated he is sensitive to and concerned about the environment, noting he is in the process of constructing a demonstration all-gas home at the present time; and encouraged the Commission to address issues such as the type of wood-burning stoves to be allowed in the community. Mr. Garrity stated it is; his ~esire to develop a quality subdivision on the subject r property; and fairly strict covenants have been developed. He then indicated his intent . . to seek replatting of the property tQP.~ovid!'i'Wider lots than those platted under the R-MH zoning designation. Mayor Hawks closed the public hearing. " City Manager Wysocki presented Ordinance No. 1308, as reviewed by the City A t- torney, entitled: ORDINANCE NO. 1308 AN ORDINANCE OF THE. CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTAT- ED, AMENDING ORDINANCE NO. 1303, THE INTERIM ZONING ORDINANCE, BY REVISING THE USE LISTS CONTAINED THEREIN; BY AMENDING DEF- INITIONS AND ADDING NEW DEFINITIONS; BY ESTABLISHING PROCEDURES 03-26-90 , - 19 - FOR SITE PLAN AMENDMENTS AND THE RE-USE OF EXISTING FACILITIES; BY MODIFYING P.U.D. PROCEDURES; BY AMENDING THE ZONE CODE MAP BY REZONING THE EVANGELICAL CHURCH ANNEXATION DESCRIBED BY CERTIFICATE OF SURVEY NO. 1328 FROM THE "AS" ZONE TO THE "R-3" ZONE AND CERTIFICATE OF SURVEY NO. 1245A FROM THE "AS" ZONE TO THE "PLI" ZONE; AND BY REZONING BRENTWOOD SUBDIVISION AND LOTS 1, 2, 3, 4 and 5 OF BLOCK 6 OF ANNIE SUBDIVISION FROM "RMH" TO "R-2A", WITH SAID AMENDMENTS TO THE INTERIM ZONING ORDINANCE BEING EFFECTIVE WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE EFFECTIVE DATE OF ORDI- NANCE NO. 1303. The City Manager reminded the Commission that the City is currently operating un- der an interim zoning ordinance; and this ordinance would provide amendment to that ordi- nance to make it more workable. Commissioner Frost stated he has heard four things which he feels should be re- viewed prior to adoption of the final zone code: (1) landscaping requirements for re-use of existing facilities; (2) revision of the definition of "research and development" and al- lowing electronics assembly in the R-O, B-1, B-2, B-3 and BP zones; (3) the variation between the definition of "offices" and the various office uses listed in the different zoning districts; and (4) definition of a "minor Planned Unit Development." City Manager Wysocki questioned whether "electronic assembly" may be too restric- tive, suggesting that "assembly related to research and development" might provide desired flexibility in the future. In response to a question from Commissioner Knapp, the Planning Director respond- ed that "private storm water control facilities" should be stricken from the list of condi- tional uses in the R-1 district. The City Manager recommended that the Commission adopt the ordinance as submit- ted, possibly directing staff to address the four issues listed by Commissioner Frost prior to final adoption of the zone code. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission adopt Ordinance No. 1308, amending the interim zoning ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission direct the staff to specifically consider and address the following issues prior to final adoption of the zone code: (1) landscaping requirements for re-use of existing facilities; (2) revision of the definition of "research and development" and allowing elec- tronics assembly in the R-O, B-1, B-2, B-3 and BP zones; or possibly including "assembly related to research and development" instead; (3) the variation between the definition of "offices" and the various office uses listed in the different zoning districts; and (4) def- 03-26-90 ..../.'. ~,>.......... ',' ,.. .\1,' ,. ." ' " ,. , c;' . C' .... - 20 - inition of a "minor Planned Unit Development. II The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Com- missioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Adjournment - 8:27 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. 03-26-90 J".