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HomeMy WebLinkAbout1993-08-02 ccm ~ ~.' . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 2, 1993 ***************************** _ The Commission of the City of Bozeman met in regular session in the Commission Room, unicipal Building, August 2, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, City Manager Wysocki, Assistant City Attorney Wordal and Clerk of the Commission Sullivan. Commissioner Vincent and Commissioner Knapp were absent, in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Julv 26. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes .f the regular meeting of July 26, 1993, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, and .. Mayor Swanson; those voting No, none. Discussion - Dossible extension of deadline for installation of sidewalks under the 1993 Sidewalk Program City Manager Wysocki reminded the Commission that Commissioner Frost had requested this item be placed on this week's agenda. Mayor Swanson asked that today's discussion be limited to whether the deadline for installation of sidewalks should be changed from October 15, 1993 to June 1, 1994. He noted that discussion on different features of the program are being scheduled for a future meeting. . Commissioner Frost stated that he requested this item be placed on the agenda because (1) it appeared that the time allowed for property owners to install the sidewalks themselves was quite short and (2) the wet weather which the community has been experiencing makes the installation of these new sidewalks extremely difficult. He reminded the Commission that in 1990, when the five-year sidewalk installation program was developed, it was anticipated that letters 08-02-93 - _0:-.-:- - 2 - would be sent out by the middle of March, with the sidewalks to be installed by July 15 of that year. At that time, the contract for the remainder of the sidewalks would then be awarded, with the work to be completed before winter. He stated that, since the notices were not mailed to property owners until July 19 this year, with a deadline of October 15 for installation of sidewalks, .here is no way the City can enter into a contract to have the work completed before winter. He suggested, therefore, it would be appropriate to set a June 1, 1994 deadline instead of the October 15, 1993 deadline. Commissioner Stiff stated that conversations with staff indicate that this proposed change in the deadline for private installation of new sidewalks would not create any dramatic inconvenience; and he has no problem with the proposed extension. City Manager Wysocki stated that the original reason for extending the time for private installation from July to October was to allow staff an opportunity to inventory the remaining sidewalks to be installed and prepare the contract documents, so the bids could be let in early spring. He acknowledged that the letters were mailed a little later than they should have been this year. . Director of Public Service Forbes stated that the timeline established in 1990, to which Commissioner Frost referred, was a "best we can do" schedule. He noted that, in reality, staff has found that an inventory of remaining sidewalks is essential before the plans and specifications can be completed and the bid awarded; and that process takes at least six weeks. He stated that if a late fall deadline is set, staff and the consulting engineer then have all winter to inventory the remaining sidewalks and prepare an accurate set of plans for bidding. He further noted that staff has found that bidding the work in the early spring can generate lower bids than bidding in mid- summer; and those cost savings are then passed along to the property owners. The Director of Public Service stated that he has considered the Commission's desire to extend the deadline for this year's program to June 1, 1994; and he has no problem with it. He noted that after the June 1 deadline, staff will inventory the remaining sidewalks; and the plans will .hen be prepared for bidding. Responding to Commissioner Frost, the Director stated that it is impossible to prepare the contract documents for bidding prior to the deadline for individuals to install the sidewalks on their own because those documents do not truly reflect the amount of work to be completed. 08-02-93 _n. - 3 - Responding to Mayor Swanson, the Director recommended that if the Commission decides to extend the deadline for installation of sidewalks, the affected property owners should be notified through a second mailing, similar to the first mailing which notified them of the requirement to install the sidewalks. . Commissioner Stiff expressed concern about the type of precedent extension of the aeadline for this sidewalk program may create. Director of Public Service Forbes characterized the sidewalk construction program as a flexible program, noting that the Commission may establish whatever deadline it wishes. He then stated he is not concerned that action by the Commission on this program will set a precedent for future programs. Mr. Jay O'Neil, 3003 Healy, stated that he and his wife purchased their home in Figgins Addition two years ago; and the letter which they received during the third week of July was the first they knew of a requirement to install a sidewalk this summer. He stated that between he and his wife, they have called eight contractors; and all have indicated their inability to install the sidewalk by the October 15 deadline. He also noted that the prices they did quote were quite high .ecause of this occurring during peak season. He stated that if they had until spring to install the sidewalks, they may be able to get the work done. Commissioner Frost stated that he does not view the proposed extension as a precedent. Mayor Swanson stated his support for extension of the deadline. He stated that, when looking at the staff's workload, the construction business and the availability of people to install sidewalks, he feels that extension of the deadline to June 1, 1994 is very reasonable. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission extend the deadline for installation of sidewalks under the 1993 Sidewalk Program to June 1, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Swanson; those voting No, none. .ordinance No. 1369 - zone maD amendment - establishina an initial zoning of R-3. Residential-- Medium densitv. on 10.0 acres located in the W% of the NE %.. Section 11. T2S. R5E. MPM (north side of 2300 block of West Babcock Street) City Manager Wysocki presented Ordinance No. 1369, as approved by the City Attorney, entitled: 08-02-93 -.-----....-.. .--.---- .... ~.._n n_ .____.__ _. . .._ -"'::";1', - 4 - ORDINANCE NO. 1369 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DISTRICT DESIGNATION OF "R-3" (RESIDENTIAL--MEDIUM- DENSITY) ON 10.0 ACRES LOCATED IN THE WEST % OF THE NORTHEAST ~ OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. . The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting on July 19, and recommended that it be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1369, establishing an initial zoning of R-3, Residential-- Medium-density, on 10.0 acres located in the West one-half of the Northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. City Manager Wysocki presented Ordinance No. 1370, as approved by the City Attorney, entitled: ORDINANCE NO. 1370 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1305, WHICH SAID ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 15.36.010 OF SAID CODE; PROVIDING FOR THE ADOPTION BY REFERENCE OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1991 EDITION, EXCEPT FOR ARTICLES 4 AND 78 AND APPENDICES II-C AND II-D. The City Manager recommended that the Commission provisionally adopt the ordinance and that it be brought back in two weeks for final adoption. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1370, adopting by reference the 1991 Edition of the Uniform Fire Code, except for Articles 4 and 78 and Appendices II-C and 11-0, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No 08-02-93 .. - 5 - vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Swanson; those voting No, none. City Manager Wysocki stated that, included in the Commissioners' packets, was a copy of the Bargain Sale Agreement for the purchase of approximately forty acres along the west side of Sourdough Ridge, to be used for park purposes. He stated this is the culmination of approximately two and one-half years of discussion. He thanked the Gallatin Valley land Trust for its efforts in this land acquisition, noting that without their coordination, this City purchase would probably not be taking place at this time. He also thanked the Parks, Open Space and Trails Committee and the Recreation and Parks Advisory Board for their assistance. Mr. Paul Weingart, President of the Board for the Gallatin Valley land Trust, expressed his happiness with this action. He noted his appreciation for an opportunity to work with the City, the POST Committee and the Recreation and Parks Advisory Board in bringing this purchase to .ulmination. He stated this parcel will be a real asset to the City. Ms. Amanda Cater, a former member of the Recreation and Parks Advisory Board and current Chair of the Parks, Open Space and Trails Committee, thanked the Commissioners and those City staff members who were involved in the negotiations. She stated this piece of property is essential to the POST plan as well as for the recreational needs of the City. She thanked Mr. Chris Boyd, Executive Director of the Gallatin Valley land Trust, for the time he has spent on this project, and on implementation of other projects in the POST plan. City Manager Wysocki reviewed the sources of revenues for this expenditure, which include $50,000 from the Parkland Trust Fund, $50,000 from a land and Water Conservation Fund Grant through the State, and $135,000 from the General Fund reserves. He stated that the eroceeds from sale of some of the City's land to the U.S. Forest Service will be receipted into the Water Fund, since it is the owner of those lands; and the money cannot be used toward the purchase of this property. Mayor Swanson stated he first heard of this project five years ago, and then became involved in it nearly four years ago, when he became a member of the Commission. He stated this 08-02-93 -." .-----. - -.--.--- ----.--...--- ._~ - - 6 - is an example of one of the better public/private partnerships. He noted the City's success in obtaining the only Land and Water Conservation Fund Grant awarded this year, thanks to Assistant City Manager Brey's efforts. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the .ommission authorize the City Manager to sign the Bargain Sale Agreement between members of the Burke Family and the City of Bozeman for Tract 1, Certificate of Survey No. 1778; and authorize expenditure of $235,000 to purchase the property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Commission Resolution No. 2930 - namina the aDDroximate 40.0-acre tract Iving alona the west side of Sourdough Ridge. south of the Sunset Hills Cemetery and east of South Church Avenue as "Burke Park" City Manager Wysocki presented Commission Resolution No. 2930, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2930 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, NAMING THE APPROXIMATE 40.0-ACRE TRACT LYING ALONG THE WEST SIDE OF SOURDOUGH RIDGE, SOUTH OF THE SUNSET HILLS CEMETERY AND EAST OF SOUTH CHURCH AVENUE "BURKE PARK". Commissioner Stiff stated he feels this is an appropriate action. Mayor Swanson noted that for a number of years, the community has been able to use the subject land for recreational purposes, although it was in private ownership. He added his support for the name "Burke Park". The Mayor stated that, in anticipation of acquisition of this property and naming it "Burke Park", a dedication ceremony has been scheduled for 12:30 p.m. on Sunday, August 8, at the base of Peet's Hill, in conjunction with the Sweet Pea '93 festivities. He noted that members of the Burke family plan to be in attendance for the dedication, and invited everyone to attend that .edication. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 2930, naming the approximate 40.0-acre tract that lies along the west side of Sourdough Ridge, south of the Sunset Hills Cemetery and east of South Church Avenue as "Burke Park". The motion carried by the following Aye and No vote: those 08-02-93 - 7 - voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Swanson; those voting No, none. Discussion - revisions to Tentative ADDrODriation Ordinance for Fiscal Year 1993-1994 . City Manager Wysocki stated that, included in the Commissioners' packets, was a summary sheet reflecting all of the adjustments which were discussed during last week's public hearing and the net effect those changes will have on the total appropriations for the fiscal year. He noted that a summary of the mill values and the mill levies for Fiscal Years 1988-1989 through 1993-1994 is included in the packet, which also reflects the City's unused authority under 1-105 in each of those years. The City Manager reminded the Commissioners that they conducted three work sessions on his recommendations for the budget for the upcoming year and then conducted the public hearing. He noted that the comparison between his recommendations and the tentative appropriation ordinance has been published in the newspaper; and final adoption of the appropriation ordinance is scheduled for next week's meeting. . The City Manager reviewed the figures contained in the mill levy summary, noting that this year's mill levy is 15 % mills lower than it could be under the ceiling of 1-105, which translates to $498,486 in taxes not assessed. He stated that the Director of Finance is trying to get information on how much of the increase in mill value is due to new construction or valuations from new annexations, in response to Commission questions; however, he has not been able to obtain those figures to date. City Manager Wysocki stated that if no changes are made to the proposed revisions as forwarded, they will be incorporated into the final appropriation ordinance, for action at next week's meeting. Mayor Swanson asked the City Manager to respond to Commissioner Knapp's concern which she raised at last week's meeting, regarding the potential impacts of a special legislative .ession. City Manager Wysocki noted that this year's budget does include the expenditure of some of the General Fund reserves, due in large part to Commissioner Stiff's insistence. He stated that, while the budget reflects only those projects which are anticipated for this fiscal year, he feels that the monies will be available to fund them and yet maintain a reasonable level of reserves. 08-02-93 - 8 - Mayor Swanson questioned what would happen if the City lost half of its revenues from gambling tax revenues, which is estimated at $ % million for this fiscal year, as a result of the upcoming special session. The City Manager responded by stating that he does not believe local government is the _arget of the desired tax reform in the state. He stated that if a special session of the Legislature does result in the loss of revenues, that issue will then need to be addressed. He cautioned that there are no extra monies in the budget; therefore, any decrease in revenues must be matched by a decrease in expenditures. Mayor Swanson noted that the value of a mill has increased an average of 6 percent in each of the last five years; however, he observed that the value of most homes has increased at a substantially higher rate. City Manager Wysocki concurred in the Mayor's observation, noting the impacts this can have on people on fixed incomes. He noted that the owner of an "average" home in Bozeman pays $339 in City taxes annually, which is less than a dollar per day for all services provided through the General Fund. He cautioned the Commission that the community is growing; and that results .in thresholds in City services at which additional expenditures are required to continue providing adequate services, i.e., the recent expansion of the water treatment plant. Responding to Commissioner Frost, the City Manager stated that the balance in the General Fund reserves is within the safety zone. He cautioned, however, that the Commission must yet make a decision on how to fund the $ % million lease prepayment, which is to be made in conjunction with renovation of the Law and Justice Center this fiscal year. The City Manager reminded the Commission that, because of the wet, cool summer, outdoor watering is down substantially, and so are the Water Fund revenues. He noted that, while the $150,000 to be received for sale of Water Fund land will help to offset that loss of revenue, there is still a potential that the projected revenues will not be realized in this fund. . The Commissioners concurred with the summary of changes forwarded in their packets. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 08-02-93 - 9 - ( 1 ) Memo from City Attorney luwe, dated July 30, forwarding a draft of an ordinance amending the general penalty provision in the Bozeman Municipal Code, noting that the ordinance will be placed on next week's agenda for provisional adoption. (2) letter of resignation from the Bozeman Area Bicycle Advisory Board, dated July .6, as submitted by Shae Bunde. (3) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Tuesday, August 3, in the Commission Room. (4) Agenda for the Development Review Committee meeing scheduled for 10:00 a.m. on Tuesday, August 3, at the Carnegie Building. (5) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on Tuesday, August 3, at the Carnegie Building. (6) Agenda for the County Commission meeting scheduled for 1 :30 p.m. on Tuesday, August 3, at the Courthouse, along with daily minutes for the week of July 19. (7) The City Manager submitted his weekly report, as follows. (1) Stated, as a member of the Rotary Board of Directors, he has participated in discussions on possible projects eo be included in the upcoming year's budget, two of which are improvements to Sourdough Trail and support for the DARE program. (2) Met with the MSU Relations Committee, which is attempting to lay the groundwork for community cooperation in the impending downsizing of the University system. (3) Met with representatives from the University regarding possible demolition costs for Ryan lab. (4) Noted that construction has begun on the law and Justice Center. (5) Stated the City has received several complaints from citizens about outdoor parties taking place in the late evening and at night. (6) Announced that much of another movie is being recorded in and around Bozeman. (7) Attended the City picnic on Friday evening. (8) Commissioner Frost submitted the following. (1) Noted the paving of Goldenstein lane from South 3rd Avenue to South 19th Avenue. (2) Attended the downtown improvement steering committee on Tuesday morning. He noted they have conducted a needs assessment. . (9) Commissioner Stiff noted the new extension of Kagy Boulevard and the ability to save time when traversing the community. (10) Assistant City Attorney Wordal submitted the following. (1) Announced that City Attorney luwe is on vacation this week. (2) Stated her office has been busy, which is a direct reflection of the amount of crime occurring in the community. (3) Reminded the Commissioners 08-02-93 - 10- that the speed limit on Kagy Boulevard is 25 miles per hour, which is sometimes difficult to travel when turning from a road where the speed limit was 55 miles per hour. (11 ) Clerk of the Commission Sullivan submitted the following. ( 1) Reviewed highlights of the agenda for next week's meeting, including the two public hearings scheduled for .e evening. (2) Announced that on Thursday, she will be traveling to Polson to attend the ARMA conference. ( 12) Mayor Swanson suggested that the Commission conduct all three public hearings this evening, with their only decision being whether or not to close the public hearings. He encouraged the Commission to defer all actions until next week's meeting when a full Commission is present. Responding to Commissioner Frost, Assistant City Attorney Wordal suggested that the public hearing on the variance can be held with only three Commissioners present; however, it takes a minimum of four votes to approve that request. ( 13) Mayor Swanson submitted the following. (1) Spent the weekend in San Diego, where he observed that (a) a survey indicated 50 percent of the residents would leave if they could end (b) most of the cars had a lock on the steering wheel when parked. (2) Announced that the third meeting of the "steering committee on courtesy on Bozeman's highways, sidewalks and trails" is scheduled for noon on Tuesday. He stated they have developed the motto "in Bozeman, we share the road", which could be turned into bumper stickers. He stated they are considering a ten- week campaign aimed at bicyclists, pedestrians and motorists, probably beginning in early September. (3) Reminded the Commission of the dedication ceremonies for Burke Park, scheduled for 12:30 p.m. on Sunday, August 8, at the base of Peets' Hill. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. . Deviation from Section 18.16.050. to allow residence to encroach 10 feet into reauired 25-foot front vard setback on West Arthur Street - James Goetz. 1019 South Third Avenue: Der DRB recommendations (Z-9398) Deviation from Section 18.20.040. to allow construction of a six-foot-high cedar fence to encroach 24 feet into reauired 25-100t front vard setback along West Short Street - Reach. In.. 436 North Third Avenue: Der DRB recommendations (Z-931 01 ) ADDlication for Kennel License - Deb Berglund. 803 South Church Avenue. Calendar Year 1993 08-02-93 --..------ - 11 - Reauest to tie onto City water and sewer services - Steven L. Wenzel and Susan J. Smiley. 2502 West Babcock Street - accroval subiect to four conditions set forth in City Engineer's memo dated June 14. 1993 Authorize City Manager to sian - Develocment Fast Track Agreement between City and Anthonv Wayne Oil COrDoration. in accordance with Drovisions of Ordinance No. 1366 . Authorize absence of Commissioner Stiff from meeting of August 23. in comDliance with Section 7-3-4322(2), MCA Authorize use of annual leave - City Manaaer Wysocki - August 23. 1993: confirm accointment of Ron Brey as Acting City Manaaer Buildina Inscection Division ReDort for July 1993 Claims It was moved by Commissioner Frost, seconded by Commissioner Stiff, 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 Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. .Recess - 4:30 D.m. Mayor Swanson recessed the meeting at 4:30 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 c.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Conditional Use Permit - Dick Kountz - allow excansion of non-conformina use by constructina a 2.400-sauare-foot office and storage addition to an existing structure used for a garbaae transfer station and office - artificial lot in the NW%. Section 15. T2S. R5E. MPM (8600 Huffine lane) . This was the time and place set for the public hearing on a Conditional Use Permit requested by Dick Kountz under Application Z-9372, to allow the expansion of a non-conforming use by constructing a 2,400-square-foot office and storage addition to an existing structure used for a garbage transfer station and office on an artificial lot in the Northwest one-quarter of Section 08-02-93 ...-- ..- --.-...... - 12 - 15, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 8600 Huffine Lane. Mayor Swanson opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that, included in the _ommissioners' packets was the written staff report, as prepared by Associate Planner Kevin Wall. e briefly reviewed the background of this application, stating that the applicant wishes to expand the non-conforming garbage terminal by adding an area for office space. The subject parcel is an artificial lot located within a 160-acre tract in an A-S, Agriculture--Suburban, zoning district. The subject parcel currently contains an 8,700-square-foot, metal-sided building, a single-family residence and dumpster storage area. The applicant proposes to construct a 40-foot by 60-foot, single-story addition at the southwest corner of the existing structure, which is to be offset approximately 12 feet to the west of the westernmost facade on the existing structure, to house new office space for the business. The roof of the addition is to be integrated into the current roofline; its siding is to match that of the existing structure; and its windows are to match the style in the existing building. The applicant proposes to re-use the existing building-mounted sign for the eusiness, which is 27 square feet in size. The Planning Director stated that site improvements are to include the installation of a concrete disabled parking pad and access ramp to the new addition, a row of Colorado spruce along the east line of the artificial lot and a row of Norway maples along the west line of the artificial lot, a six-foot-high chain link fence with slats to screen the storage area and additional landscaping. Planning Director Epple stated that the applicant is also seeking several variances from the curbing, paving and landscaping sections of the zone code; and those are the subject of the next public hearing. He then reviewed the adjacent land uses, which include agricultural and single- family residential uses. The Planning Director stated that staff has reviewed this application in light of the six eriteria for conditional use review, as set forth in Section 18.53.030 and the criteria for review of non-conforming uses, as set forth in Section 18.50.160.1. of the Bozeman Municipal Code; and those findings are found in the written staff report. He stated that, as a result, staff concluded the application to expand the office space is reasonable, and could make the structure more adaptable 08-02-93 - ------- - - 13 - to office or commercial use in the future. On that basis, staff forwarded its recommendation for approval, subject to fourteen specific conditions plus eight boilerplate conditions. The Director stated that on July 20, the City-County Planning Board conducted its public hearing on this application, after which it forwarded its recommendation for approval, subject to _he 22 conditions proposed. Mr. Lowell Springer, Architect for Three Rivers Disposal, stated the applicant agrees with the staff's conclusions and recommended conditions, except Condition No.8, pertaining to the requested variances. He stated that, under the code requirements, staff must recommend paving of the parking lot and driving areas on the site; however, he stated that his testimony in the next agenda item will show why that requirement should not be invoked on this application. At Commissioner Frost's request, the Planning Director showed the Commissioners where the landscape islands are proposed in the parking areas, stating that their purpose is to provide definition between the storage and parking areas. He suggested that a combination of landscaping and screening fence will effectively provide that definition. Further responding to Commissioner Frost, the Planning Director identified the detention ereas on the site. He noted that these are existing areas and have worked well to date. He indicated that, while a snow storage area is identified at the back of the lot, he anticipates that the landscaped area in the front of the site will also serve as a snow storage area. Commissioner Frost noted the comment in the staff report that if the variance to not require paving of the parking lot and driving area is approved, a condition should be added to require a dust abatement program; however, there is no recommended condition to address that issue. The Planning Director stated he feels that issue is adequately addressed in the staff report pertaining to the variance, although he does recognize that it probably could have been mentioned to a greater extent in this staff report. . No one was present to speak in opposition to the requested conditional use permit. No written testimony in support of or in opposition to the requested conditional use permit was received. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Swanson; those voting No, none. 08-02-93 - 14 - It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission not waive the customary one-week waiting period for land use decisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. . Mayor Swanson announced that the decision on this conditional use permit will be placed on the afternoon agenda for next week's meeting. Public hearing - Variances from Sections 18.50.120.8.7. 18.50.120.8.11. and 18.50.100. to waive the Darking lot surfacina and curbina and certain landscaDina reauirements in coniunction with CUP - Dick Kountz - artificial lot in the NW%. Section 15. T2S. R5E. MPM (8600 Huffine Lane) (C-9308) This was the time and place set for the public hearing on variances from Sections 18.50.120.8.7, 18.50.120.8.11. and 18.50.100, to waive the parking lot surfacing and curbing and certain landscaping requirements, as requested by Dick Kountz under Application No. C-9308, in conjunction with the Conditional Use Permit on an artificial lot in the Northwest one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located at 8600 Huffine Lane. . Mayor Swanson opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that, included in the Commissioners' packets was the written staff report, as prepared by Associate Planner Kevin Wall. He noted that the background information is the same for this application as for the previous agenda item, since it involves the same parcel and the same project. The Director stated that under this application, variances are being requested to Sections 18.50.120.8.7., 18.50.120.8.11. and 18.50.100., to waive parking lot surfacing and curbing requirements, and certain landscaping requirements in conjunction with the conditional use permit considered in the above agenda item. He noted that the applicant proposes to provide graveled parking and driving areas instead of paved surfaces. The Director stated that, as a result of the eonditional use process and subsequent submittal of a revised site plan, no variance is now needed for landscaping; however, the applicant wishes to proceed with the remaining two. Planning Director Epple stated that staff reviewed this application in light of the three criteria established by the Montana Supreme Court and as set forth in Section 18.56.060 of the 80zeman Municipal Code; and those findings are contained in the written staff report. He briefly 08-02-93 '" - 15 - reviewed those findings, reviewing the pros and cons of a paved surface and a gravel surface in the parking lot and driving areas on this particular site. He stated that if the Commission decides to allow graveled surfaces, a condition for approval should be that a dust abatement plan be submitted for the City Engineer's review and approval prior to approval of the final site plan. . The Planning Director stated that, the Development Review Committee as a whole recognized that in this instance, a paved or unpaved parking lot and driving aisle are not critical issues, although one member felt that paving was important. He reminded the Commission of their approval of the variances for Martel Construction, located on South Church Avenue. He noted that, while the uses and equipment stored on site are quite similar in nature, the locations are substantially different, since one is tucked away while the other is located along an entryway corridor . The Planning Director stated that staff was unable to identify any hardships which literal enforcement of the code may create, characterizing those issues identified as practical difficulties. He indicated that, since the subject site is large and located in an A-S zoning district, alternatives are available to mitigate any impacts that approval of these variances may create. He noted that .here is little visitor traffic to the subject site; and there is adequate storm drainage on site. Planning Director Epple stated that, based on its findings, staff has concluded that it cannot forward a recommendation for approval because it has not identified any unnecessary hardship, although the variances arguably would not be contrary to the public interest, and the spirit of the ordinance would be met with an adequate dust abatement program. He forwarded staff's recommendation that if the Commission chooses to approve these requested variances, it should be with a condition that provides for a dust abatement program. Responding to Mayor Swanson, the Planning Director showed the Commission which portion of the site would be subject to the paving requirements under the code, noting it is essentially all of that portion of the site lying in front of the building which is now graveled. He noted there is no requirement for paving of the storage area, which lies behind the structure. . Mr. Lowell Springer, Architect representing Three Rivers Disposal, stated his disagreement with the staff recommendation, although he noted that the recommendation does not appear to be a strong one. He suggested that to require paving would be an unnecessary hardship because of the maintenance problems such a condition would create for the applicant. He stated that designing an asphalt pavement which will stand up under heavy truck traffic is extremely difficult; 08-02-93 .. ,~~ -- - ----.---- - 16 - and maintaining it in a nice, smooth manner will be much more difficult than maintaining the appearance of the existing gravel. Mr. Springer stated that the driving and parking areas have been well defined through the maintenance of clean edges on the gravel and the construction of a series of brick planters which _efine the landscaped portion of the site. He suggested that these planters are as effective, or possibly more effective, than curbing. Mr. Springer noted that the subject property lies within an entryway corridor. He suggested that, instead of requiring paving of the lot, the Commission could possibly add a condition requiring more landscaping, which would be money better spent on the basis of visual impacts. Mayor Swanson noted that U.S. Highway 191 is a heavily used recreational corridor. He noted the problems that accumulations of rocks can create for bicyclists and pedestrians and asked the applicant to address that issue. Mr. Springer stated that if smaller gravel is used, the problems with rocks being kicked out onto the roadway are minimized because the gravel tends to compact more. . Planning Director Epple suggested that using three-quarter-minus road mix would maximize compaction and minimize the hazards of rocks being thrown out onto the highway. Responding to City Manager Wysocki, Mr. Dick Kountz stated that Three Rivers Disposal has been at that location for the past five years. He then verified that he owns the property. City Manager Wysocki emphasized the public interest criterion. He reminded the Commission of the long, tedious process for approval of the guidelines for the Billion Plaza Planned Unit Development, which is located only a short distance from the subject property, due in large part to the fact that it is located within an entryway corridor. He stated that to allow this particular operation to install substantially less improvements would be a mistake. The City Manager then addressed the comparison of this project to the Martel Construction project. He cited the differences between the two sites, noting that Martel aonstruction is located on a collector street, where the speed limits are 25 miles per hour and the traffic volumes are quite low, while Three Rivers Disposal is located on a major entryway to the community, where the speed limits are 55 miles per hour and the traffic volumes are quite high. He stated that one of the pillars has just been rebuilt; and he is concerned that they will be continually destroyed by the large trucks if curbing is not installed to protect them. 08-02-93 ----- -..-----....-- ..- - .---.---.-.. .- - 17 - Responding to Mayor Swanson, the Planning Director stated that any additional right-of- way needed for widening the highway is to be acquired along the north side. Mr. Dick Kountz, applicant, noted the large amount of visitor traffic at Billion Plaza, versus the minimal amount of visitor traffic on his site. He stated that the planters to which the City _anager referred have been there for eleven years; and only one has been broken in that length of time. Mr. Lowell Springer mentioned the difference in traffic loads between the Billion Plaza and Three Rivers Disposal. He cited the importance of paving at Billion's, for visitor safety, noting that is not an issue in this application. He suggested that, from an aesthetic standpoint, the money spent on paving at Billion Plaza could have been better spent on enhanced landscaping. Planning Director Epple suggested that a second condition be considered, if the Commission decides to approve this application, which requires "pinned down wheelstops shall be provided for all parking spaces (with the exception of those adjacent to a minimum 5-foot-wide raised sidewalk)", as set forth in Condition No.8 recommended for approval of the conditional use permit. . Responding to Mayor Swanson, the Planning Director indicated that no changes are being proposed for the lighting on the subject property; therefore, that issue is not addressed in the staff report. . No one was present to speak in opposition to the requested variances. No written testimony was received in support of or in opposition to the requested variances. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. He stated that, since at least four affirmative . votes are needed for approval of this application, the decision will be placed on next week's agenda, when a full Commission is anticipated. Break - 7:43 to 7:47 D.m. Mayor Swanson declared a break from 7:43 p.m. to 7:47 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 08-02-93 - 18 - Public hearina - Zone Code Amendment - generallv revise 18.65. Bozeman Area Sian Code (Z-9395) This was the time and place set for the public hearing on the zone code amendment proposed under Application No. Z-9395, which generally revises Section 18.65 of the Bozeman Municipal Code, which is entitled "Bozeman Area Sign Code". . Mayor Swanson opened the pUblic hearing. Planning Director Andy Epple presented the staff report. He stated that the Commissioners have previously received copies of the hearing draft of the Bozeman Area Sign Code, dated July 20, 1993; and a copy of the written staff report, as prepared by Associate Planner Kevin Wall, was forwarded in this week's packets. He noted that the hearing draft contains all changes in that section of the code, with lines through those sections being deleted and underlines indicating language to be added. In response to the Mayor, the Planning Director reviewed the composition of the committee which was selected in October. The committee included two Planning Board members, two City Commissioners and three representatives from the business community. He noted that the committee was to comprehensively review the sign code which was adopted as a part of the .oning ordinance in August 1991. He noted that during the initial meetings, several policy issues were discussed; and a general consensus was reached on those issues before specific language changes were considered. He stated that, although participation in the committee was slack during the actual drafting of the language, all language changes were based on the initial policy decisions. Planning Director Epple spent a substantial amount of time reviewing some of the proposed changes in the code, as contained in the written staff report, and the reasons for them. He noted that changes in the definitions include awning, awning sign, banner, building frontage, canopy, canopy sign, common signage plan, interchange zone, interchange sign, low-profile sign, marquee, master signage plan, pole sign, street and subdivision identification sign. He stated that the definitions of awning, awning sign, canopy, canopy sign and marquee have been added to .rovide more realistic standards and options. He noted that under the current code, awning signs are not allowed, although after working with the code, staff feels they would be appropriate; and that addition required adjustments to the definitions of canopy and canopy signs. He stated that the term "monument" sign is being replaced by "low-profile sign" under the proposed revisions. 08-02-93 - 19 - The Planning Director then reviewed some of the changes in computation of sign area and sign height. He stated that under the old code, the height of signs was based on the elevation of the street grade; and the method of computation was changed substantially under the new code. He stated that, after using the code, it has been determined that the old method of determining _eight was a better one and more accurately took into consideration the differences between street grade and some adjacent properties. He noted, therefore, this new language is quite similar to that contained in the old code. The Planning Director stated that under the current code, a property owner with a corner lot can take full advantage of the amount of signage allowed for each street frontage. He stated experience has revealed that allowing 100 percent of the signage for each street frontage can result in excessive signage; therefore, this section has been revised to allow for 100 percent of the signage on one street frontage and 35 percent of the signage allowed on the additional frontage. Planning Director Epple stated that under these revisions, the maximum allowable signage in the neighborhood business district is to be increased from 64 square feet to 80 square feet, based on experience under the new code. He then stated that criteria have been established for ."exceptions to specific conformity", which is the basis under which the horse at Country West and the time/temperature sign at First Security Bank were allowed to remain. The Planning Director stated that the tables indicating the types and sizes of signs allowed in specific areas and zoning districts have been comprehensively revised, making them easier to read and understand. He also noted that with the addition of the definition for "building frontage", the tables provide for the amount of signage to be based on the frontage of the building rather than the frontage of the lot, and the formula has been adjusted accordingly. The Director reviewed the changes in height and size of signs to be allowed in the interchange zone under these revisions. He stated the old provisions allowed for signs from 30 to 65 feet in height and up to 400 square feet; and those figures have been changed to allow signs from 16 to 32 feet high and a maximum of 120 square feet. . The Planning Director stated another change is in the amortization schedule. Rather than the sliding scale amortization schedule which is contained in the current code, the committee is forwarding the recommendation that a single date amortization schedule be set, with a date of October 1, 1995 as the deadline for removal of all illegal non-conforming signs. He noted that this allows five and one-half years from the original date of amortization; and in the court system, five 08-02-93 --- - 20- years is typically accepted as an appropriate length of time for businesses to plan and implement a change in signage. Planning Director Epple stated that staff has reviewed these proposed amendments in light of the twelve criteria established in the Montana Code Annotated; and those findings have been _et forth in the written staff report. He concluded that staff has determined these amendments enerally advance those criteria and forwarded its recommendation for approval. The Director stated that at its meeting of July 20, the Planning Board conducted its public hearing on these amendments, after which it voted 6 to 2 to forward a recommendation for approval. Responding to Mayor Swanson, the Planning Director reviewed the new proposal of limitations on height and size of freestanding signs in the B-2 zone versus the current code provisions. He noted that the low-profile signs are now allowed to be located only five feet from the property line, rather than ten feet; however, their size has been decreased from 48 square feet to 28 square feet and their height has been decreased from 8 feet to 4 feet. He stated that the new code provisions require that all freestanding signs be located in front of buildings in the B-2 eone, and provide a faster increase in height and size. The Planning Director stated that these revisions provide for signs which are located within a driver's cone or vision, without taking one's eyes off the road. He then stated that the smaller low-profile signs help to address some of the safety concerns which were arising from the 8-foot- high, 48-square-foot signs that are allowed under the current code. He stated another provision being considered is the addition of the address on the freestanding signage, with that portion of the signage not being considered within the maximum size allowed. He noted this provides an easy reference for drivers of emergency vehicles as well as for those not familiar with the community. Responding to Mayor Swanson, the Director stated that under the new code provisions, only one freestanding sign will be allowed along the street frontage. He suggested that with automobile dealerships, it may be in the business's best interests to identify the name of the .ealershiP on the freestanding sign and then use building-mounted signage to identify the car companies represented at the establishment. The Planning Director noted that low-profile signage which is architecturally integrated into the project is attractive and very effective. He noted the Billion Auto Plaza, and how effective its 08-02-93 -- --- -- - 21 - low-profile signage along U.S. Highway 191 is, while the signage fronting along Cottonwood Road is much more distracting and less effective. He then explained the effectiveness of a master sign which identifies a multi-tenant structure, with smaller signage on each store. He noted this allows someone in fast-moving traffic to identify the structure they are seeking, then spend more time in _he parking lot, at much slower speeds, to locate the business. Mayor Swanson expressed concern about the workload that may be placed on the Planning staff in September 1995, when businessmen suddenly try to meet the October 1 deadline for amortization of illegal non-conforming signs. He asked about a possible information campaign to avoid the potential of business owners claiming they did not know about the requirement to change their signage. Planning Director Epple stated this issue was the subject of a lengthy discussion before the Planning Board. He stated that staff has devised what he feels is a good plan for dissemination of information, through development of a one-page pamphlet containing the most pertinent issues in a condensed format. He noted some type of mass mailing is being contemplated in each of the next two years, possibly in the applications for renewal of business licenses or some other City .ailing. At Commissioner Stiff's request, the Planning Director addressed the issue of billboards. He stated there is no real change in that section of the code, reminding the Commission that those signs located along federal aid highways may not be amortized under the Highway Beautification Act. He noted that 90 percent of the billboard signs in the jurisdictional area are located along federal aid highways and are not subject to amortization; however, the remaining 10 percent would be subject to amortization. The Director stated that Myhre Advertising, one of the vendors for billboard advertising, has suggested a cap and replacement program, under which they would rebuild their signs in this area. He noted that this program could also include relocation of some of the signs, to locations which are more acceptable to both the company and the City, with the total number of sign faces enot to exceed the current total. He stated that under the Highway Beautification Act, the billboard signs can be rebuilt and maintained; however, they cannot be replaced. The Director stated that Myhre forwarded this proposal to the committee, which discussed it extensively but did not find it fully acceptable. 08-02-93 ---.---- -. ..-...---- .--.- ---- - -,,--- - ....-. ...-.. ....-..-..... ---. ".-~'- --_..~... , - 22 - Commissioner Stiff noted the letter from Bill Larsen, Chairman of the Sign Committee for the Bozeman Chapter of the Coalition of Montanans Concerned with Disabilities, dated May 24, which was included in the Planning Board information. He stated that Mr. Larsen is concerned with the height and size of signs, particularly if they are placed close to the sidewalk. . Commissioner Stiff added his concern about the small number of committee members who were present at some of the meetings, suggesting that the conclusions reached in some instances may not reflect the position of a majority of those who served. Commissioner Frost noted the graphics provided in the packet can help those not familiar with the new sign code understand it more easily. He noted that the inventory of signs on North 7th Avenue revealed that three-fourths of them were illegal. He asked what percentage of those signs might be changed over the next two years. Planning Director Epple estimated that, through site plan reviews, changes in business and other processes, 10 to 20 percent of those signs will be changed over the next two years. Commissioner Frost stated he is comfortable with the revisions which have been forwarded for Commission consideration, indicating he feels they appropriately reflect the positions ef the committee. Mr. Paul Dennehy, Myhre Advertising, forwarded the company's proposal for a cap and replacement program in the Bozeman area. He stated that this would allow rebuilding of the existing structures, which includes a slight reduction in the size and rounding of the corners. It would also allow for relocation of some of the sign faces to mutually acceptable locations. He stated that if this program is not implemented, billboard signs will die a slow death under the current sign code regulations. Responding to Commissioner Stiff, the Planning Director stated that, over the next few decades, billboards will cease to exist because they cannot be replaced. He cautioned, however, that is many years from occurring. At Commissioner Stiff's request, Planning Director Epple reviewed the signage at alOckbuster Video and how the provisions of the new code would impact it. He stated that the new provision allowing a business to take advantage of only 35 percent of the signage allowed on a second street frontage would help to reduce the amount of signage allowed. He also indicated that changing the basis of signage, from the lot frontage to the building frontage, would also help in this instance, since the building is substantially smaller than the lot upon which it is located. He 08-02-93 ----- ---- ----- . ~ - 23 - acknowledged the difficulties that staff encountered when attempting to evaluate their signage requests and the unsatisfactory results, to both representatives of the company and residents of the community. He noted, in fact, that the company is planning to forward a proposal for new signage on the site. e No written testimony in support of or in opposition to the proposed zone code mendments was received. Mayor Swanson thanked Planning Director Epple for the work he and his staff have done on these amendments. He also thanked Commissioner Stiff and Commissioner Frost for serving on the committee which provided direction for these revisions. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the pUblic hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson stated that the decision on this issue will be placed on the afternoon agenda for the next week's meeting. .diournment - 9:03 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Swanson; those voting No, none. ATTEST: @;j~~ .OBIN L. SULLIVAN lerk of the Commission 08-02-93 ~c