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HomeMy WebLinkAbout1996-01-16 Minutes, City Commission .- -. --.-..--...----..-...-.---.--- ---.-..-.-.-. MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 16, 1996 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, January 16, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Introduction of new staff members Planning Director Epple introduced the City's two newest Assistant Planners to the Commission. Ms. Jody Olson's experience includes working for a private consulting firm in Seattle; and Mr. Chris Saunders' most recent work experience was serving as a planner at Utah . State University in Logan, Utah. Agenda Meeting - for reaular meetina and public hearings to be held on Januarv 22. 1996 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (4) The City Manager noted that Ms. Carol Dietrich has requested an opportunity to address the Commission regarding sewer mains on the south side of town; however, he cautioned that one of those mains is the subject of a pending claim. He suggested that if Ms. Dietrich approaches the Commission at this time, the Commission should allow her . to speak only, rather than entering into a dialogue. City Attorney Luwe forwarded the same caution, noting that, until the Montana Municipal Insurance Authority takes action on the claim, care must be taken to avoid comments which could potentially impact the City's position. Based on that concern, he recommended that the Commission either agree to listen to Ms. Dietrich at this time, or encourage her to 01-16-96 ------ - 2 ~ delay any presentation until after the claim has been settled if she wishes to engage the Commission in a dialogue, recognizing that it might be several months before the claim is resolved. Responding to Commissioner Youngman, the City Manager noted that the summary . from the HKM report is strictly a draft, and suggested that it would be best for the City to receive the final draft before any discussion on long-term solutions to the City's infrastructure is undertaken. The Commission asked the Clerk of the CommisSion to contact Ms. Dietrich and ask if she wishes to make a one-way presentation at this time or wait until after the study has been received, and possibly the claim settled, to participate in a dialogue. (5) Mayor Stueck stated that he has asked the City Attorney to prepare language to replace the schedule for implementation of fees with a statement that the fees will be reviewed by May 1997 and adjusted as deemed necessary if no alternative financing mechanism has been identified. City Attorney Luwe indicated that the draft language will be available for the Mayor's . review tomorrow, and possible inclusion in the Commissioner's packets on Friday. Responding to Mayor Stueck, the City Attorney forwarded his preference for initially enacting the fire impact fees at not greater than 90 percent, particularly in light of the dollar amount for those fees. He noted that once the impact fees have been implemented and data has been gathered, the Commission may choose to increase the fees to 100 percent of the net costs as identified in the impact fee study. (6) The City Manager indicated that a copy of Commissioner Youngman's memo will be included in next week's packet, for Commission review and discussion. Responding to Commissioner Rudberg, the City Attorney stated that, from a legal standpoint, a statement of intent has no legal standing, but it does let people know that if a project is to provide affordable housing or the type of economic development that is desired, . the Commission intends to subsidize the impact fees through some mechanism. Responding to Commissioner Rudberg, Commissioner Youngman stated that she has not developed any proposals for subsidizing impact fees for affordable housing or economic development projects in the intent statement because she feels that is an issue that should be addressed by the Commission as a whole. She expressed concern that if a statement of intent 01-16~96 - 3 - is not adopted, the Commission must consider each request on a case-by-case basis with no budget in place to accommodate the process. Commissioner Stiff forwarded his continued concern about developing the proposed statement; rather, he feels the issue is more appropriately addressed in the goal setting and . budgeting processes. Commissioner Youngman recognized that the statement could have budgetary impacts; however, she noted that those issues can be addressed at the appropriate time. (16a) Clerk of the Commission Sullivan indicated that the minutes referenced in the memo were inadvertently left out of the packets, and will be included in Friday's packet. (16f) Commissioner Stiff requested that this item be removed from the Consent Items; the City Manager indicated it will be renumbered as Item 14A. (16e) Assistant Planning Director Arkell distributed copies of the preliminary Findings of Fact, indicating that the final document will be prepared prior to next week's meeting. (19) Commissioner Rudberg questioned why the application for the house on the . abutting lot, which is in the same ownership, is not being considered at this meeting, since they were considered at the same Design Review Board meeting. Planning Director Epple responded that the proposed house on the other lot meets all of the zone code requirements; therefore, it does not need to appear before the Commission. He indicated that since the contractor wishes to begin work as quickly as possible on that home, it was determined the two parcels should be considered under two different applications since a deviation is required for this application. Work Session - (A) Discussion re signs -- illegal. non-conforming and DreviousIV-Dermitt ed. non- conformina sians: and (8) Orientation for new Commission: review of orocedures (A) Discussion re signs -- illegal, non-conforming and previously- permitted, non-conforming signs . Mayor Stueck asked for the numbers of signs which are illegal and non-conforming and signs which were previously permitted and are non-conforming under the current zone code. He also asked how many signs were erected under County standards and requirements and were subsequently annexed into the City. 01-16-96 ----- --. .--- - -- - ~--_... - 4 - Planning Director Epple stated that staff is currently compiling information to respond to those questions. He reminded the Commission that he had forwarded rough numbers a couple months ago; and those numbers suggest there are 500 illegal, non-conforming signs in the community. . Responding to questions from the Commission, Planning Intern Chris Williams stated that 63 signs have been brought into compliance since the Planning Director's memo was written. He indicated that very few of the remaining 400 + signs could be permitted because they don't meet the size requirements, the setback requirements, or both. He noted that these signs could not be addressed through deviations, either, because they exceed a 20-percent differential. Responding to Mayor Stueck, Planning Director Epple stated that staff has been concentrating on bringing illegal, non-conforming signs into compliance over the past eighteen months, at the Commission's direction. He indicated that many people have complied with the Zone Code Enforcement Officer's requests; and, the City Attorney has been asked to assist in those instances where compliance has not been obtained. He reminded the Commission that . this is consistent with Mr. Claus's recent advice. Further responding to questions, the Planning Director estimated that five signs may be impacted by a conversion from County requirements to City requirements due to annexation. He further indicated that some research is necessary to determine what County or State permits may have been required when those signs were erected and whether those requirements were met. Commissioner Rudberg requested a list of all illegal, non-conforming signs in the community. The Planning Director responded that his office has a list signs based on a study which was completed approximately 1 Y2 years ago; however, he cautioned that some changes have occurred since the list was developed. Commissioner Rudberg noted that sign code issues began in 1989, at which time a . group of local citizens spent fourteen months working on a new sign code. She expressed concern that after their work was complete, the Commission chose to adopt the new sign code that was prepared by a consultant in conjunction with the new zone code; and that angered the community. She stressed the importance of stopping and "getting a grasp" on the sign code; and knowing what signs are illegal and non-conforming will assist in that process. 01-16-96 _ ._._____. .nn______.__.__. ___ _.__ - 5 - Commissioner Rudberg then expressed concern that the sign code is almost impossible to read and nearly as difficult to enforce. She forwarded her interest in having the sign code written so it is less cumbersome and more user friendly. City Manager Wysocki reminded the Commission that staff must enforce the code as . it exists. He noted that if the Commission wishes to make changes in the code, then it must make sure that those changes are included in discussions about the upcoming round of amendments to the zone code. Responding to Mayor Stueck, Planning Director Epple stated he does not know what type of changes may be made to the sign code as a result of the proposals received in February. He then urged the Commission to remember that processing of the amendments will be a multi-month process and that the amendments will not be final until nearly the end of the calendar year. Responding to Commissioner Rudberg, the Planning Director indicated that sign applications like those considered at last week's meeting appear before the Commission because those businesses have filed applications. He acknowledged that those businesses may . be responding to a letter sent several months ago reminding them of the amortization date; however, he noted that the applications are not being made in response to any recent staff action. Commissioner Rudberg expressed concern that under the current code, several existing signs are non-conforming, e.g., the Chamber of Commerce, the flashing light on top of the Baxter Hotel, the sign at the Bozeman Public library and the sign at City Hall. Responding to Mayor Stueck, City Attorney Luwe stated that illegal, non-conforming signs are illegal because they were never permitted. He noted that legal, non-conforming signs have received a permit, but the amortization schedule contained in the sign code has made them non-conforming. He stated that alternatives to the amortization schedule might be to require the signs to be brought into compliance with the sign code at the time ownership of the . business changes, the business is remodeled, the use changes, or the sign is destroyed. Planning Director Epple cautioned that the City has specific regulations on the books; and staff is responsible for enforcing those regulations. He then forwarded his discomfort with selective enforcement of regulations on the books. 01-16+96 ----.--- ---..-....- - 6 - Commissioner Rudberg stated her interest in requiring that all new signs be installed in compliance with the existing sign code requirements and staff continuing to pursue illegal, non-conforming signs. Responding to Mayor Stueck, Planning Intern Williams stated that staff is following . the procedure established for bringing illegal, non-conforming signs into compliance. He noted that once the enforcement process has been exhausted, if compliance has not been obtained, the matter is turned over to the City Attorney. He then noted that geographic areas have been identified; and at the present time, North 7th Avenue and East Main Street are nearly complete, with staff now moving to West Main Street to begin the process. City Attorney Luwe noted that once the matter is turned over to his office, it can be processed either criminally or civilly. He stated that once he has reviewed the file to ensure that the enforcement procedure has been followed, he will begin the appropriate legal procedure to obtain compliance. Responding to questions from Commissioner Youngman, the City Attorney stated that a business owner with an illegal, non-conforming sign could seek a deviation or a variance from . the City Commission; and the Commission's decision will determine whether it is allowed to remain or not. He noted that under Commissioner Rudberg's proposal, the only signs not being actively pursued at this time are the previously-permitted, non+conforming signs; and those will be addressed after all of the illegal, non-conforming signs have been. Further responding to Commissioner Youngman, the City Attorney stated that, in light of recent Commission decisions, applications for deviations or variances should be accepted and the public hearing held. He noted that, if the Commission wishes, it may then hold the decision in abeyance until a decision has been made on the processing of any amendments that may impact the amortization schedule. Planning Director Epple noted that the number of illegal, non-conforming signs may seem high; however, he stated that several signs may be located one site. He stated that the . inventory upon which the staff is basing its enforcement efforts is a study completed by two interns, which took approximately six months. The Planning Director recognized that the sign code needs refinement, acknowledging that it contains confusing language. He stated that Mr. Claus has identified several areas of the code that need to be revised; and those revisions do not change the substance of the 01-16-96 - 7 - document. He then noted there are some issues upon which Commission guidance will be needed, such as the difference between rectangular flags and the triangular flags which are typically used for promotions. Responding to Commissioner comments, the City Manager urged the Commission to . recognize that the life safety parts of codes must be met, even if no expansion or remodeling of a building is proposed. Responding to comments from Mayor Stueck, Planning Director Epple stated that he feels the 400-square-foot limit on signage for a moderate-sized business is appropriate and allows for a comprehensive sign package. City Manager Wysocki encouraged the Commissioners to forward any suggestions for amendments to the zone code by February 1, so they can be considered in conjunction with all of the other amendments. Planning Director Epple stated that he will try to prepare a current list of signs without permits, research whether permits were required for signs erected outside city limits, and continue to actively pursue the illegal, non-conforming signs. . The City Manager suggested that the contractors who install signs should incur some responsibility, since they are typically aware of the sign regulations. He recognized that this provision would require some code revisions. (8) Orientation for new Commission; review of procedures Commissioner Youngman stated she has forwarded a list of questions about motions, procedures for the various types of decisions, handling of public comment received after a public hearing, and Commissioners' responsibilities to the City Attorney. City Attorney Luwe began his presentation by addressing the rules of procedure, a copy of which had been previously distributed to the Commissioners. He recognized that the rules were adopted in 1989 and need amending, particularly in light of the changed format for Commission meetings. He encouraged the Commissioners to forward any proposals for . changes to the rules; and he will include those ideas in a revised set of rules for Commission consideration. Mayor Stueck suggested that the Commission consider implementing a policy to end the afternoon session at 5:30 p.m. and the evening session at 10:00 p.m., to alleviate some of the problems that have been encountered in the past. 01-16-96 _..__n_ - - 8 - City Attorney Luwe noted that ending times for meetings can be implemented, with public hearings being continued to later in the week or the next week; and those continuances would not require that additional notices be published. City Manager Wysocki suggested that the Commission set a limit on the number of . public hearings for one evening. Commissioner Youngman recognized that hearings vary dramatically and, while ten small public hearings could easily be held in an evening, one large public hearing may not be completed by 10:00 p.m. Responding to Mayor Stueck's proposal to adjourn meetings at 10:00 p.m., Commissioner Youngman forwarded a suggestion that at the beginning of the meeting, those present for a hearing be asked if they wish to continue the public hearing past 10:00 p.m. or if they wish to return another night to complete the public hearing. She noted that this will put those in attendance on notice that the Commission meeting typically ends at 10:00 p.m. while providing flexibility for continuing the meeting if that is determined appropriate and desirable. Commissioner Stiff expressed an interest in returning to a sign-up sheet for pUblic . hearings, noting that process works well. The Clerk of the Commission noted that she has a form for a sign-up sheet in her computer, which she will run for Commission review. City Attorney Luwe recognized the benefit that a sign-up sheet could provide, noting that it provides information for the record and assists the Clerk in preparing the minutes. Commissioner Rudberg expressed concern that the Commission does not educate the public about its public hearing process. She noted that, as a member of the audience for the past six months, she has heard several comments and frustrations registered by first-time attendees who do not know how the system operates. Commissioner Youngman stressed the importance of being consistent, following the same rules and procedures for each public hearing, no matter how large or how small. She . then noted that repetition of comments could be avoided by encouraging people to simply state they concur with a previous speaker. City Manager Wysocki noted that if people sign in and mark whether they support or oppose a project and the list becomes a part of the record, some people may determine it is not necessary for them to speak. 01 ~ 16-96 - 9 - Commissioner Youngman stated she is concerned about how questions asked during public hearings are handled, stating she feels a better way could be implemented. She noted that, while staff and the Commissioners attempt to keep lists of the questions asked to ensure that responses are provided, the public may not feel their questions have been answered or the . answers may trigger additional questions that cannot be asked under the current format. She suggested one possibility might be to ask the audience if the answers make sense, if there is anything else to be asked or if a question needs to be answered again in possibly slightly different terms. City Manager Wysocki suggested that both the staff presentation and the applicant's presentation be completed before Commissioners ask any questions about the project. Responding to Mayor Stueck, all of the Commissioners stated support for implementing the sign-up procedure for public hearings. Commissioner Stiff expressed concern about receiving the packets on Friday evenings for Monday Commission meetings, since that only gives the Commissioners a half day to obtain additional information from staff. He proposed that Commission meetings be moved to another . day, to allow more opportunity to gather the needed information before the meeting. City Manager Wysocki suggested that, rather than changing the Commission meeting day, it might be more beneficial to change packet distribution to Thursday evenings rather than Friday evenings. Following a brief discussion, the Commission determined it would be best to leave Commission meetings on Mondays and move the day for distribution of packets to Thursday, beginning February 1 . Commissioner Stiff asked if the Commissioners like the new Commission meeting format; the Commissioners responded that they do, recognizing that special meetings may be called as needed. City Manager Wysocki asked if the Mayor would like an index card to follow for public . hearings; all of the Commissioners indicated an interest in obtaining that information. Mayor Stueck stated his desire to change the manner in which the questions pertaining to closing of the public hearing and waiving of the one-week waiting period are asked; the Commissioners concurred in the proposed changes, recognizing that they must immediately respond if they do not wish to close the public hearing or waive the waiting period. 01~16-96 -..--- - 10 - City Attorney Luwe proposed the Commission establish a policy that, if the public hearing is closed but the decision is deferred for two weeks, written public comment will be accepted for a specified period of time. He suggested that this could alleviate some of the problems which Commissioners encounter when people call them about an issue for which the . public hearing has been closed. He briefly summarized the legal problems that can be encountered because of ex parte communication. He cautioned the Commissioners that between the time an application is filed and the Commission decision has been made, care must be taken to ensure that they do not become involved in one-on-one conversations with the applicant, proponents or opponents of the project. He stated that if there is no way to avoid such input, the Commissioner is responsible for telling the Commissioners, in open Commission meeting, that such a conversation took place, highlighting the substance of the conversation. City Attorney Luwe addressed the difference between legislative public hearings and quasi-judicial public hearings. He stated that zoning issues are quasi-judicial hearings; and extreme care must be taken to avoid ex parte communications in those types of hearings. He noted that legislative public hearings are not subject to such stringent requirements; rather, . they are viewed as political processes in which lobbying is allowed. He stated that in the past, Commissions have decided to apply the established public hearing process to all public hearings to ensure consistency; and that is legally permitted. Responding to Commissioner Stiff, City Attorney Luwe stated that, since the meeting of the North 20th Avenue neighborhood has been publicly announced, there is nothing to preclude three or more Commissioners being present at the meeting. He cautioned, however, that care must be taken to ensure that they avoid discussions that involve more than two Commissioners at that meeting, thus alleviating any appearance of conducting City business outside an open meeting. Following a brief discussion, Mayor Stueck requested that this item be placed on next week's agenda, following the public hearing, for further discussion. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 01-16-96 . .....----.. .--- - 11 - (1 ) Copy of a memo from County Mike Salvagni to the County Commission, dated January 3, 1996, regarding statutory requirements for appointments to the City-County Planning Board. (2) Letter from Claudia Foster, Chair of the Beautification Advisory Board, dated . January 8, announcing that Patty Rae Slothower and Shirley Nash are no longer serving on the Board and requesting that they be replaced. (3) Memo from Recreation Sue Harkin, dated December 28, forwarding Rusty Squire's resignation from the Recreation and Parks Advisory Board. (4) Minutes from the T AC Committee meeting held on December 18, 1995. (5) Minutes for the Montana Transportation Commission meeting held on November 30, 1995, in Helena. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 16, in the Commission Room. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, January 16, in the Commission Room. . (8) Agenda for the County Commission meeting which was held at 1 :30 p.m. on Tuesday, January 9, at the Courthouse. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, January 16, at the Courthouse. (10) City Manager Wysocki submitted his weekly report, as follows. (1) Asked that all Commissioners interested in attending the Chamber's annual meeting on Thursday forward their reservations. (2) Announced that Director of Public Service Phill Forbes had knee surgery yesterday and is recovering this week. (3) Announced that Treasurer Joanne Riley is scheduled to go home from the hospital on Thursday. (4) Showed the Commissioners photos of how a 1917 sewer line was recently repaired, by using the vacuum truck to reduce the amount of water in the area of the main break. . (11 ) Commissioner Youngman asked how many of the Commissioners plan to attend the Southwest Montana Building Industry Association meeting next week; each of the Commissioners indicated an intent to attend. (12) Responding to Commissioner Stiff, Mayor Stueck suggested that his list of proposed topics for future agenda items be discussed under next week's "FYI Items". 01-1 6-96 . -.-.-.. -----------.----.------.- - .- ..-- - - 12 - (13) Commissioner Rudberg submitted the following. (1) Requested that the source of all documents submitted to the Commission be identified, particularly those included under "FYI Items" . (2) Announced that she and County Commissioner Jelinski will meet with Mr. Coffman from the Bozeman Daily Chronicle as soon as their schedules will allows. . (3) Stated that she has talked to KMMS about Commissioners participating in a talk show, suggesting that this might be a good way to alleviate some of the misconceptions that arise from time to time. She indicated that she will be a guest on a talk show on January 24. (4) Stated that she has been attending the Development Review Committee meetings recently. She characterized them as "government at its best", noting that applicants have found the reviews very beneficial. (14) Commissioner Stiff announced that he and Mayor Stueck have changed their positions on the City-County Health Board, since Mayor Stueck is maintaining closer contact with the City Manager than he is. Adjournment - 6:10 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No, none. Urn ;( ~~o"'~ DON E. STUECK, Mayor ATTEST: ~f.i~ . Clerk of the Commission 01-16~96