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HomeMy WebLinkAbout1995-11-13 ccmWORK MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 13, 1995 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, November 13, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, 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. Presentation of awards to Terrv Baldus and Marv Bolina City Manager Wysocki stated that during the recent Recreation and Parks Association annual meeting, Mary Boling received the award for being a professional recreation program . supervisor, and particularly for her excellence in the field of recreational programs for youth. Also, Terry Baldus received the award for citizen board member, because of her extensive work with recreational groups and work on development of a park master plan. The City Manager noted that this represents two of the three awards which were given during the annual meeting. Recreation Superintendent Sue Harkin presented the plaques to the Mary Boling and Terry Baldus. Discussion - review of City Manaaer's recommended agenda for work session Mayor Vincent noted the Commission has just received a memo from the City Manager, forwarding a recommended agenda for the work session. . City Manager Wysocki reviewed the proposed agenda, which contains essentially three segments. The first is a presentation of specific sections of the code which violate the law, the second is a presentation of those provisions which reflect inconsistencies or vagueness or which his clients would like to see changed, and the third section is a summary and final comments. Incorporated into each section is a time for Commissioners to ask Questions. 11-13-95 - 2 - The City Manager noted that the information from Mr. Claus did not arrive until Thursday afternoon; therefore, since Friday was a holiday, neither staff or the Commission has had an adequate opportunity to review the information submitted. He then cautioned against any discussion of the signs at the intersection of North 7th Avenue and West Main Street, due . to potential litigation. Planning Director Epple stated that he has discussed this proposed format with Mr. Tom Burnett so that Mr. Claus is aware of the agenda prior to beginning his presentation. Aaenda Meetina - for reaular meeting and Dublic hearinas to be held on November 20. 1995 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) Responding to Commissioner Stueck, Historic Preservation Planner Strahn stated that he has been unable to find any historic photos of the Ranch House Motel sign to . determine whether the reader board portion was a part of the original sign or not. Commissioner Stiff stated his concerns revolve around consistency and precedence. He indicated his intent to discuss those issues with the City Attorney prior to next week's meeting. City Manager Wysocki noted one suggestion which has been forwarded is that deadlines for meeting conditions attached to sign exemption approvals be set for the same day as the deadline for the Blue Sky Motel sign. He stated that under this scenario, staff has only one deadline to remember, rather than trying to monitor several deadlines; and it would serve to shorten the time allowed for meeting those conditions. (5) The City Manager stated that a review of the questions and issues raised during the public hearing has revealed no major changes in the draft plan are necessary. . (11) Commissioner Youngman asked if the Commission is to take action on the list of projects for enhancement monies at next week's meeting. City Manager Wysocki indicated that "possible motion and vote" will be inserted on next week's agenda. 11-13-95 - ....--..---.-----...------ - 3 - ( 12) Commissioner Youngman thanked the Clerk of the Commission for drafting the letters and advertisement. She then noted that wording for PSA's is still needed and, if she has an opportunity, she will work with the Clerk later this week to prepare any revised drafts for Commission consideration. . (18) Responding to Commissioner Stueck, City Attorney Luwe stated that the Attorney General's opinion on the legality of the land exchange between Montana State University and the Montana State University Foundation does not impact the Commission's decision on the requested rezoning. He noted that, no matter who the owner of the property might be, the Commission must base its decision on the zone map amendment on the twelve criteria set forth in the Montana Code Annotated. ( 19) Responding to Commissioner Stueck, Assistant Planning Director Arkell stated she will have additional information from the Director of Public Service on his reasons for asking to have the street through the development straightened out. Commissioner Youngman asked if more current information from the various reviewing agencies is available, noting that some of the material is dated in April. . The Assistant Planning Director stated that information from a new soils survey will be available later this week, and will be included in next week's packet. She then noted that no written response has been received from the Department of Fish, Wildlife and Parks; however, the minutes from the Planning Board contain testimony from one of their representatives. Responding to Mayor Vincent, the Assistant Planning Director stated that no new information will be forwarded to the Commission except for the soils information. City Attorney Luwe asked the Commission to address the issue of setting time limits for the public hearing, noting that this will allow for better planning of presentations. Following discussion, the Commission set time limits of 10 minutes for the staff presentation; 45 minutes for presentations by the applicant's team and opponents' team; and . 3 to 5 minutes for individuals testifying for, against or in a neutral position. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 11-13-95 ----- -.--- ---..-------.--..-....-.- -- ..-..--- .--. .-- -.- --- - 4 - (1 ) Minutes for the Cemetery Board meetings held on July 13 and October 12, 1995. (2) Copy of a letter to Nadia Beiser from Brian Gallik, dated November 7, regarding the fire protection pond for the Fort Ellis Leisure Community. . Responding to Commissioner Stueck, the City Attorney stated that since the fire pond is on private property, the property owner incurs all of the liability. (3) Copy of a memo from City Attorney Luwe to Planning Director Epple, dated November 8, regarding the draft ordinance for impact fees. (4) Memo from Planning Director Epple to the Commission, dated November 9, regarding the number of illegal and/or non-conforming signs in the community. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 14, in the Commission Room. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, November 14, in the Commission Room. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on . Tuesday, November 14, at the Courthouse. (8) The City Manager submitted his weekly report, as follows. ( 1) Gave a presentation to a political science class at MSU last week. (2) Announced that the Department of Commerce met with realtors regarding subdivision law and potential legislation during the 1997 session. (3) Attended the Parking Commission meeting on Thursday morning, where discussions included directional signs in the parking lots and consistency of parking time limits in the various parking lots. (4) Announced that Moody's rating for the new water revenue bonds is anticipated tomorrow. (5) Stated that City crews repaired a leak in the main pipe from Lyman Creek Reservoir last week. (6) Stated that divers inspected the water treatment plant facilities last week; and the facilities passed inspection. (9) The City Manager announced that the Chamber of Commerce wishes to . discuss impact fees with the Commission in a focus group setting. The Commissioners concurred that the discussion could be set during the work session on November 27. (10) Commissioner Stueck submitted the following. (1) Spoke to the Exchange 11-13-95 ..-..--..------------.--.. - 5 - Club earlier today. (2) Announced that he must leave this evening's session for approximately a half hour to attend the School Board meeting. (11 ) Commissioner Youngman stated that the ad hoc cable television committee has been meeting in preparation for the public hearing on November 27. She noted that a fact . sheet will be ready prior to the public hearing. (12) City Attorney Luwe noted that at last week's meeting, Commissioner Frost raised a question about single-family residences in the R-MH zoning district. He stated that mobile homes, mobile home parks and mobile home subdivision are allowed as permitted uses in the R-MH zone; and single-family dwelling units are allowed as a conditional use. Responding to Commissioner Stueck, Planning Director Epple stated there are two types of factory housing. The first is manufactured homes, which are actually the modern mobile homes, and which are built to Department of Housing and Urban Development standards. They are constructed on steel I-beams which are designed to accommodate running gear for some mobility; and they must be supported under those I-beams. The second is modular homes, which are built to Uniform Building Code standards. They are constructed to . sit on perimeter foundations, with the exterior walls supporting the weight. He stressed the fact that neither modular homes nor stick built single-family homes are allowed uses in the R-MH zone; however, they, along with four-plexes, may be allowed under the planned unit development process. Work Session - Dresentation from Mr. Jim Claus ra sign code Drovisions City Manager Wysocki gave Mr. Claus a copy of his memo dated November 13, which contains the agenda for this session. He also distributed copies of the sign code, as it appears in the Bozeman Municipal Code, along with copies of Ordinance Nos. 1374 and 1406, which are not yet codified. After a brief review, Mr. Claus indicated acceptance of the format. . Mr. Claus began his presentation by stating that first amendment rights have increasingly protected the right of free speech over the years. Throughout the presentation, he cited court cases pertaining to various points. He cautioned against any type of regulation in the code which attempts to control sign content, citing errors in the current definition for "incidental signs" as an example. He further cautioned that the current code provides an enormous advantage to franchises, while limiting the signs allowed for smaller local businesses. 11-13-95 .---... - _._. __.__.___.____n______ - 6 - He cited the fact that the "M" is allowed on the entrance sign for McDonalds; however, local businesses are not allowed to place any type of logo or other business marking on directional signs. Mr. Claus addressed the definition of "interchange zone", noting the intent is to allow . larger and taller signage adjacent to the interstate interchanges. He expressed concern, however, that the definition of the zone references off ramps. He suggested, instead, that the definition should reference a more easily identified point, such as the right-ot-way line for the interstate interchange. Mr. Claus stated that when reading the sign code, he cannot get past the purpose, intent and definitions without encountering contradictory language, characterizing this as the "most internally self-contradictory document" he has seen, and stating that he would refuse to administer it. He emphasized that an administrator should not be required to interpret a document to enforce it; and that is definitely required with this document. Mr. Jim Claus stated that a sign code must abide by Constitutional Amendment Nos. 1, 5 and 14 to be legally sound. He also stated that the basis for the City's current sign code . is a model code which was prepared by two planners operating on what, he feels, was an invalid premise. That model code was never adopted or recommended by the American Planning Association, although it was sold by the American Planning Association. Also, the model code was not endorsed by the Department of Housing and Urban Development, although the disclaimer in the front did not clearly reflect that. He also stated that, through court rulings, it has been determined that signs must be time, place, manner and content neutral. Mr. Claus stated that the intent section of the City's code needs to be rewritten. Also, he reviewed the definitions of "signs" and "window signs", outlining their flaws and stating that he has different definitions to offer. He noted that the City is not currently enforcing its limit of 25 percent of the window space for window signs, particularly because the definition does not include a limit of 18 inches behind the glass. He also questioned the . definition of "changeable copy signs". The Commissioners expressed concern about the format of the discussion and the apparent lack of specific proposals for change. Mayor Vincent noted that in the Legislature, bills are marked up to reflect proposed changes, and suggested that would be the best method tor addressing concerns and suggested changes in this instance. 11-13-95 .----..-.---.-- -.-- .-..--- . ---. .----- - 7 - Mayor Vincent then asked for suggested definitions for the various terms, such as "sign", which have been determined to be legally defensible and acceptable in other communities in the United States. Commissioner Stiff expressed concern about what appears to be an adversarial . position in this presentation; Mr. Claus responded that the adversarial relationship ha been created by the City's enforcement of the existing sign code. Mr. Claus stated there are five components to a sign code: the intent and purpose, definitions, administrative and regulatory, material and structure, and fees. Mr. Jim Claus returned to his presentation, addressing the definition of "exempt sign", noting that this definition is contradictory with other sections of the code. He also addressed the definition of "incidental sign". He cautioned that, through regulation of building design, or the lack thereof, a governing body may dramatically assist franchises to the detriment of local businesses without intending to do 50. Mr. Claus noted that outdoor advertising is controlled by federal legislation. He stated that signs are addressed in the Uniform Manual on Traffic Control Devices; and that manual . provides the best source for determining the size of signs needed for various types of roadways and various speeds. Mr. Claus turned his attention back to definitions, stating that they reflect a confusion between animation and flashing. He also addressed the issue of neon versus fluorescent tubes. The definition of "sign area" discriminates against the use of individual letters rather than box signs. He suggested that, through bonuses for design, business owners could be encouraged to use individual letters instead of the standard box sign, to create a more attractive result. He then turned his attention to the definitions of "wall signs" and "freestanding signs" as well as the definitions for "awning sign", "banner", "beacon", "animated sign", "canopy", and "commercial message". He then indicated a willingness to forward revised definitions for all of the terms he has identified. . Mr. Claus noted that in Beverly Hills, California, and Las Vegas, Nevada, the sign code has been essentially replaced with a comprehensive design format, under which people are able to build a better environment for their businesses. He stated that this helps to avoid urban deterioration and urban sprawl, and allows for better design of the building and street communication system. 11-13-95 ---...---- . - _..n..._____ - 8 - Mr. Claus stated that Bozeman has an exciting opportunity to change its perspective and allow for comprehensive design packages which will enhance the community. Recess - 5:30 D.m. . Mayor Vincent declared a recess at 5:30 p.m., to reconvene at 7:00 p.m. for a continued work session. Reconvene - 7 :00 D. m. Mayor Vincent reconvened the meeting at 7:00 p.m. for the purpose of conducting the continued work session. Continued Work Session - Dresentation from Mr. Jim Claus re sian code Drovisions Mr. Jim Claus continued his presentation by providing an overview of the impact which retail sales have on the overall economy. He stated that $2 trillion is generated in retail sales annually, nearly half of which is automobile-related. He noted that signs are the only . street communication system available to those businesses; and they attract not only the local resident, but the traveling public as well. When developing a sign, it is important to ensure readability and confisquity. Mr. Claus forwarded his premise that there are four kinds of signs: wall, roof, projecting and freestanding. He suggested that definitions such as "low profile signs" should be eliminated, since those are actually freestanding signs. He also identified "marquee signs" as projecting signs. He proposed that the "master signage plan" be replaced with "comprehensive design plan", to accommodate options such as those available in Las Vegas. He cited several communities in Canada where this process has worked well. Mr. Claus noted that "sandwich board signs" are currently allowed in the downtown area, characterizing this as an innovative way to attract attention. He cautioned, however, that . the code must be changed to eliminate the conflicts that presently exist. He suggested that the term "non-conforming sign" be eliminated, and that the variance section of the ordinance be used to approve signs that are not in compliance with the code. He noted that "pennants" and "flags" should be combined, noting that they are actually incidental signs. He then addressed the definition of "portable sign", stating that vehicles should be removed from the 11-13-95 ,-.'.----- - - - - 9 - definition. He stated that "principal building" should be removed, and that the definition of "projecting sign" should be revised to reflect that it is a sign which is perpendicular to the street. He stated that the definition of "street" should be deleted; and the definitions for "roof sign" and "wall sign" revised. He concluded his review of the definitions by encouraging the . Commission to use industry standard definitions and revise the regulatory standards so they are legally defensible. Commissioner Stueck left the meeting at 7:35 p.m. Mr. Jim Claus turned his attention to the computation of sign area and height, stating it could be better written. He also identified inconsistencies between this section and some of the other code sections. He reviewed the various tables in Section 18.65.050, suggesting that many of the footnotes should be deleted, as well as one of the tables. Mr. Claus stated it has been determined 75 square feet in signage is the minimum for a business, with that square footage being adjusted for further setback from the street. Mr. Jim Claus suggested that the City consider an annual fee for billboard signs. He cautioned that those fees must be directly attributable to public safety issues; and they should . cover the costs of checking the signs to ensure that lighting is appropriate and that they have been properly painted and maintained structurally. He also suggested that the Commission consider implementing a fee for incidental signs, such as the sandwich board signs in the downtown area. Also, he proposed that a fee be implemented for real estate signs, with a lesser fee being charged to individual homeowners than real estate firms. He cautioned that the fees generated cannot be greater than the costs incurred. He noted, however, that the City's records are in dire need of upgrading, and these sources of revenue could be used to develop and implement an adequate recordkeeping system for all signs in the community. He further cautioned that if a fee is set for one type of incidental sign, it must be applied to all incidental signs, or it can be challenged. . Break - 8:00 to 8:05 D.m. Mayor Vincent declared a break from 8:00 p.m. to 8:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 11-13-95 --- - -.,-----.-- - 10 - Continued Work Session - Dresentation from Mr. Jim Claus re sian code Drovisions Mr. Jim Claus turned his attention to the regulatory segment of a sign code. He stated during a European conference on signs, he learned that in Europe, they use lights as a way of affecting people's movement patterns at night. He noted that in the residential areas, . where movement was to be discouraged, they used the type of lighting which people don't like; and in the areas where they wanted to encourage movement, they used more attractive and brighter lighting. He stated in Las Vegas, it has been determined that people will lose only so much money in one casino before moving to another; and the strip graphically demonstrates how the use of lighting can effectively impact people's movements at night. He suggested that this type of information and influence could be used in Bozeman, particularly through a comprehensive lighting plan and design that involves an area rather than simply a site. Mr. Tom Burnett, Citizens for Responsive Government, stated that he has received feed back from business owners throughout the community about their encounters with the sign ordinance because they have been aware of his position. He noted that Planning Director Epple's memo identifies approximately 1,300 signs in the community; however, he suggested . in reality there are many more than that, with the total possibly as high as 10,000 if all of the signs were counted. He suggested that, through the permitting process, every sign that is permitted should be issued a sticker with a serial number. He also cautioned that if reasonable regulations are not implemented, the result will be tacky signs, which is what the community is trying to avoid. He suggested, rather, that existing signs should be grandfathered and that upgraded signage should be encouraged. Mr. Burnett stated that one of the local sign builders has indicated that he does not know how to build signs that meet the existing code requirements, due in large part to the way the code is written. He encouraged the Commission to allow those legal non-conforming signs installed before 1990 to remain. He also asked that the size and height requirements be . amended to ensure adequate signage for individual businesses. Commissioner Stueck returned at 8:20 p.m. Mr. Jim Claus addressed the penalty section, as contained in Section 18.70.020, characterizing it as extremely punitive, and actually encouraging litigation. Mr. Claus stated that in San Diego, the sign code contained an amortization provision; however, that provision was eliminated because of problems encountered. He characterized 11-13-95 -------..--- - 11 - an amortization schedule as punishing people into compliance rather than encouraging them into compliance; and the result can be conforming but tacky signs. He suggested that through encouragement, signage packages can be upgraded and result in a much more attractive development than an amortization schedule will provide. He noted that in San Diego, even with . elimination of the amortization schedule. 85 percent of the signs which were deemed objectionable were removed within ten years anyway. Mr. Claus stressed the importance of considering the Uniform Manual on Traffic Control Devices as the only national sign code in the United States. He stated the manual controls all signs along the interstate and primary road systems; and its standards ensure adequate signage for all types of driving conditions. Commissioner Stueck stated that, from today's work session, he has garnered several proposed wording changes and deletions to make the document legally defensible. Mr. Claus concurred that the code needs revision, stating that it is based on a model that will not stand up to legal challenges. Commissioner Youngman stated that, while she has heard references to changes in . definitions and elimination of contradictions in this presentation, she has heard nothing to indicate that the fundamental elements of the code are not legally defensible. Responding to Planning Director Epple, Mr. Claus recognized that some existing sign codes are more restrictive than Bozeman's. He cited an example in Washington, where either wall-mounted or freestanding signs are allowed, but not both on a given site. He cautioned, however, that the type of community involved must be taken into consideration, since many of those communities with more restrictive codes are the more affluent suburbs in urban areas. He stated that in Bozeman, it is important for businesses to attract people; and that is generally accomplished through the street communication system. Mayor Vincent noted it is important to consider court cases when considering revisions to the sign code. He noted, however, that it is equally important to consider the . needs of the community when making revisions. Mr. Claus noted that the first comprehensive study on traffic control and lighting standards, being completed by a nationally recognized transportation engineer, should be ready for distribution in the near future. He suggested that information could be beneficial when revising the current code. 11-13-95 - .-. ..-- - 12 - Responding to Commissioner Stiff, Mr. Claus stated that the current sign code inadvertently gives an advantage to franchises over small local businesses because they can utilize standardized building designs, lighting, landscaping and window signs. Further responding to Commissioner Stiff, he stated that the Uniform Manual on . Traffic Control devices would allow larger signs that the City's sign code allows. He cautioned that signing deficiencies can be hazardous to the motoring public, particularly the growing elderly population. The Commission thanked Mr. Claus for his presentation. Adiournment - 9:27 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. e =-~~ ATTEST: ~J~~ ROBIN L. SULLIVAN Clerk of the Commission . 11-1 3-95