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HomeMy WebLinkAbout1992-02-24 ccm ----.- -- u_.._.._. . . , , , ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 24, 1992 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, &uniciPal Building, February 24, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Swanson deferred action on the minutes for the regular meeting of February 18, 1992 for a period of one week. . Continued Dublic hearing - design obiective Dlans for entryway overlay corridors This was the time and place set for the continued public hearing on the design objective plans for entryway overlay corridors. Mayor Swanson opened the public hearing, after which he briefly highlighted the steps which the Commission follows in conducting a public hearing. City Manager Wysocki noted that, included in the Commissioners' packets, were memos from Planning Director Epple and memos dated February 18 from Planner Wall regarding interchange business signage. The City Manager then introduced several letters into the record which were received today, including letters requesting delay of the decision from Betty L. Voth, 414 North 18th Avenue; Dennis A. Cattin, Gallatin Valley Furniture; Rob Harbour, 314 North 7th .Avenue; Dennis Rowe, Box 224; Ron Seher, 102B Gallatin Drive; Keith Neault, Canyon Route, Gallatin Gateway; Thomas L. Madsen, 1006 Brentwood Avenue; James DeCosse, Gallatin Valley Furniture; and Jim Syth, President, Southwest Montana Building Industry Association; and a letter of support for the plans as submitted by Marjorie Johnson, 1218 West Durston Road. He also noted that telephone calls of support have been received from Tutti Skaar, 418 North Wallace 02-24-92 ____no_ t , , J - 2 - Avenue, and Elin Spitz, 216 South 10th Avenue. Planning Director Andy Epple presented a brief history of the development of the design objective plans document. He reminded the Commission that the Planning Board conducted its public hearing on this document and forwarded a recommendation for approval, subject to four revisions. He further reminded the Commissioners that they had opened this public hearing at their .meeting of February 10 and continued it to this time, with a request that additional information about the interstate signage program be sought. He noted that information has been provided in the memos which were included in the packet. The Planning Director then suggested that the interchange business sign zone be re- established for B-2 zoned property, proposing a 1,000-foot radius from the centerline of the interchange. He indicated that radius would fall on the West Oak Street right-of-way at the North 7th Avenue interchange and on the Highland Boulevard right-of-way for the East Main Street interchange. He noted that the issue of whether such a zone should be established is the only issue to be addressed under these design objective plans, with the specifies of the zone to be addressed through amendments to the sign portion of the zone code. He then reminded the .ommission that the design objective plans provide guidelines only. Planning Director Epple then distributed to the Commission a memo dated February 24, setting forth all of the dates on which public workshops and public meetings were held regarding these proposed design objective plans, noting that staff gathered this information in response to the advertisement which was published in Sunday's edition of the Bozeman Dailv Chronicle. He noted that in addition to appropriately publishing notices of the public meetings, the notices were sent to over 50 key business people in the entryway corridors. Commissioner Stiff noted that at the hearing two weeks ago, the Commission received comment and concern from business owners about their ability to promote business. He also noted that the logo program seems to be particularly confused and expensive; and the business owners have expressed concern about the potential requirement that they make a choice of whether to .tilize that program or an oversized on-premises sign. Responding to Commissioner Knapp, Planner Wall stated that the proposed definition for "interchange signage zone" contained in his memo of February 18 would actually be included in narrative form in the design objective plans, if the Commission determines it should be incorporated. He stated that if the Commission does include this provision, the Planning staff 02-24-92 , , - 3 - proposes to piggy-back the appropriate zone code amendments to that process. Ms. Valerie Drake, P.O. Box 4183, stated support for the design objective plans. She noted that development in the entryways will occur; and she noted that such development should be encouraged to occur without damaging the surrounding area. She stated that residents, as well as visitors, care about the views and wish to protect them. She then stated appreciation for the .fact that these design gUidelines are intended to be flexible. She noted that if high quality developments are begun now, the appearance of the community will be strengthened over time. Mr. Page Dabney, 320 Little Bear Spur, Gallatin Gateway, noted he is a financial advisor for D.A.Davidson and on the Board of Directors for the Bozeman Area Chamber of Commerce. He stated strong support for the proposed design objective plans, noting that those businesses which are successful are also attractive. He noted that enhancing a business's appearance helps to make a good first impression. He also noted that the seven entryway corridors to the community provide a first impression of the community; and it is important that those impressions be good ones. He further noted that it is stated repeatedly in the plans that they are not regulations, rather they are guidelines and designed to be flexible. He stated that the document is clear and concise and easy .0 follow. He noted that with the rapid growth which the community is presently experiencing, it is important that the guidelines be utilized as much as possible to ensure that the community is not put at risk. Ms. Mary Vant Hull, 416 East Story Street, spoke in support of the proposed design objective plans, forwarding the following three points. (1) These plans are the result of a public input meeting held in the County Courthouse approximately four years ago. She noted that most of the people in Bozeman have a lot of pride in their community and have wanted this type of guidelines to help ensure quality development. (2) Referring to the advertisement published in Sunday's edition of the Bozeman Dailv Chronicle, she noted that it is implied that these plans are 96 pages of conflicting regulations. She noted that if one reads the plain English in these plans, they are very easily and quickly understood. (3) She noted the importance of the businessmen and .he community working together to make this a better place to live. She noted that residents are taking more pride in their community; and she feels it would be appropriate for businesses to do the same. Mrs. Margaret Kumlien, 1332 Cherry Drive, read a letter of support from her husband, Wade Kumlien, a member of the Design Review Board. In his letter, he noted that this document provides 02-24-92 --- , , - 4 - guidelines, which will be beneficial to both the applicant in his preparation of a proposal and the DRB in its review of the application. He further noted that these guidelines have been developed by a professional, with input received through many pUblic meetings and discussions with the City's advisory boards over the past several months. He also indicated that these guidelines are open to modification in the future, whenever the need arises. . Mr. Don Bachman, 109 North Broadway Avenue, stated he feels the Planning staff has done an excellent job of involving the public in this particular issue, noting he has heard about it since he first arrived two and one half years ago. He then noted that he came because of the advertisement in the Bozeman Dailv Chronicle, which he felt was unfair, particularly in light of the efforts taken by the Planning staff and the consultant to get the public involved. He stated that he supports East Main Street businesses whenever possible; and he recommends them to others as well. He noted concurrence with Mr. Dabney's comment that the success of a business is often based on the first impression its appearance creates; and that is particularly important in an entryway corridor. Mr. Bachman noted the clutter which existing signs create along the City's entryways, .noting those signs are primarily franchise signs. He noted that some individuals have expressed concern that these guidelines have been developed by an outside influence; however, he noted that the current clutter and chaos is largely the result of outside influence as well. He stated that the guidelines address safety issues as well as amenities. He then noted that the community will be much more attractive and a more prosperous place to live if these guidelines are adopted. Mr. Bert Harting, 414 North Plum Avenue, urged the Commission to adopt these guidelines for corridors, noting it should be obvious to even the casual observer that self-regulation has done very little for aesthetics. He noted it has been suggested many times that businesses will refrain from degrading the visual landscape; however, the proliferation of garish clutter indicates otherwise. Mr. Harting noted that aesthetics will distinguish Bozeman from every other small community .IOng the interstate. He then stated that he was incensed by the advertisement in yesterday's edition of the Bozeman Dailv Chronicle, noting support for the Commission taking the far-sighted step of adopting these guidelines to ensure that the visual aesthetics of the community are not degraded any more. Mrs. Emily Swanson, 1716 South Willson Avenue, read four letters of support into the 02-24-92 ------ - 5 - record. The first was from the Bozeman Beautification Committee, noting the various activities they have undertaken to enhance the community's beauty. These proposed guidelines express an overall vision; and the Committee feels that is an excellent idea. The letter further indicated that visitors remark about the beauty of the valley; however, they also remark about the lack of appeal in the community's entryways. The Committee then encouraged Commission adoption of these .gUidelines as written. The second letter as from Bill and Pat Bryan, owners of Off the Beaten Path, 109 East Main Street. They indicated strong support for these guidelines, noting acute awareness of the role that image plays when attracting visitors to the community. The third letter was from Shirley Fields, 12 East Garfield Street, in which she noted the guidelines will provide helpful parameters for guiding future development in the community. The fourth letter was from Libby Frishman, 519 South Tracy Avenue, indicating support for adoption of the guidelines, which have been prepared with the long-term benefit of the community in mind. She further indicated that these guidelines will enhance the appearance of the corridors in the community, eliminating the potential for another North 7th Avenue. Mr. Gunnar Freivalds, 628 East Fridley Street, noted that first impressions are extremely .important. He then noted that people don't tend to drive along North 7th Avenue to enjoy its beauty, rather, they drive up South Willson Avenue. He stated that people do not want to drive to the center of a community to find its nice parts; they want to see it immediately. He noted these guidelines provide an opportunity to make the community beautiful and keep it beautiful, not immediately but over the next 50 to 100 years. He noted that old photographs indicate that North 7th Avenue was once a beautiful tree-lined street; but the trees were torn down to make way for a wider road. He noted those trees were not replaced; and the community now suffers aesthetically because of it. He then encouraged adoption of these guidelines. Mr. Dean Adams, 6140 Bridger Canyon Road, noted he does not stop at any of the businesses along that corridor, largely because they are unattractive. He noted, instead, that he supports businesses in the downtown and along East Main Street whenever possible. He stated .that he is before the Commission as a result of the advertisement in yesterday's edition of the Bozeman Dailv Chronicle, which upset him. He stated support for establishing guidelines so that the community can grow in a way that will benefit the overall community. Mr. Keith Swenson, 603 South Willson Avenue, stated he is a member of the Design Review Board and previously served on the City-county Planning Board. He noted that at the public hearing 02-24-92 ---.-. ----..-.-------.--.-..---.....----- . ---...-- .. .. n.___.___ , , - 6 - two weeks ago, he and Ms. Daria Joyner were the only ones who testified. He then reviewed the number of public meetings which have been held over the past several months on these guidelines, noting that some of those public workshops were not very well attended. He also noted there was very little public testimony before the Planning Board approximately a month ago. He noted that these guidelines have been developed as a result of concern about balancing of the various .interests, including environmental, aesthetic, business and human interests. He noted these guidelines provide a set of criteria for evaluating developments along entryway corridors, while allowing for flexible treatment of each application. Mr. Swenson noted that under the new zone code, which was adopted as an interim ordinance approximately two years ago, a Design Review Board was established; and these guidelines will provide the criteria which they need to more consistently and predictably consider applications. He noted that these guidelines have grown through a long and orderly process, and encouraged the Commission to adopt them. Dr. Bob Hawks, 703 West Koch Street, a former City-County Planning Board member and former Commissioner and Mayor, noted that the old zone code was extremely rigid; and its .Provisions actually had a negative impact on the quality of development along the entryways. He also noted problems with enforcement and the threat of lawsuits under the old code. He noted that under the new code, flexibility has been provided so that desirable developments can be accommodated. He noted that without these design objective plans, however, this flexible process has been difficult to administer; and encouraged the Commission to adopt these plans, which will provide more consistency and direction to the process. Mr. Darrell Behrent, 208 Lindley Place, questioned whether these guidelines will accomplish what the Commission desires. He suggested that under these guidelines, it is possible that the desired results may be produced in the entryways; however, he likened it to putting a fence around a junkyard because the interior is not addressed. He then stated that without specific written objectives, these guidelines can only produce results that reflect the applicant's and appointed .odies'desires. He noted, as a result, over time the same mismatched, uncoordinated mess will result under City control. Mr. Behrent then addressed the issue of flexibility. He noted that under these guidelines, five different building materials are allowed; and they can provide 120 different combinations of composition. He suggested that these guidelines are not what is needed. 02-24-92 ------ .--. - - 7 - Mr. Tom Burnett, 31669 1/2 East Frontage Road, stated his wariness about visionary documents, noting they soon seem to have the force of law. He also suggested that the appearances of buildings and parking lots should be left to the discretion of the property owner, rather than under City regulations. Mr. Burnett stated his opposition to central planning, noting that many citizens object to the .i9hlY complex design-driven zone code which the City has adopted and view it as meddling and intrusive. He stated these additional guidelines are an added burden to the property owner. He also noted that these guidelines show a preference against boxy buildings; however, he suggested those buildings are utilitarian and affordable for people of modest means. Mr. Burnett then reviewed specific guidelines on certain pages to which he objects, as follows. Page 11 - providing of open space should be left to the developer's discretion; Page 12 - landscaping that includes seasonal color is nice, but should not be required; Page 13 - rooflines should be left to the discretion of the developer, rather than all roofs being pitched to match the mountains behind. Mr. Burnett then suggested that restrictive zone code regulations will create urban sprawl .because businesses will locate outside those restrictions. Mr. Everett Egbert, 927 South Black Avenue, indicated he is a member of the Southwest Montana Building Industry Association. He then requested that the Commission delay implementation of these design objective plans until they have received adequate input from those directly involved. He stated that conversations with many of those owning property along the entryway corridors this past week revealed that they are not aware of these proposed guidelines. He noted the Planning Director has indicated that he sent letters to many of those identified as key business people along those corridors; however, he noted that many of those individuals probably tossed the notice because it was not a bill. He suggested that the City make another effort to involve those who will be directly affected by these guidelines prior to taking action on them. Responding to Commissioner Stiff, Planning Director Epple stated that the master plan and .the first draft of the zone code contained a specific section pertaining to signage in the interchange areas. He noted that when the interim zone code was converted to its final form, the sign chapter was extensively overhauled; and that provision was eliminated, with only a footnote being included on two of the tables. He noted that with the addition of that footnote, the description of the interstate signage area was eliminated, and the issue referred to the design objective plans. He 02-24-92 - 8 - stated that since the effective date of the final zone code, this issue has been in limbo because the design objective plans have not yet been completed. He stated, therefore, at the present time, there is no provision for higher or oversized signage near the interchanges. Further responding to Commissioner Stiff, the Planning Director stated that the regulation of signage in the interchange zones is to be addressed through the zone code rather than through .the design objective plans. He noted that this discussion should be limited to whether an interstate sign zone is to be established. Commissioner Stiff stated that, with the assurance that his concerns about the interstate sign zone will be addressed under the zone code, he feels that this public hearing can be closed. He then stated that his one remaining concern is that these guidelines will result in raising the cost of construction, which will ultimately be passed on to the customer. Mayor Swanson noted that, due to the substantial amount of testimony which has been received, he feels it would be appropriate to not waive the customary one-week waiting period. Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting. . Break - 4:55 to 5:02 D.m. Mayor Swanson declared a break from 4:55 p.m. to 5:02 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Petition from several residents along Spring Creek Drive, in Figgins Addition, requesting that the Commission not require them to install sidewalks along their cul-de-sac street. . (2) Letter from Ms. Joan Montagne, 1105 South Tracy Avenue, dated February 17, regarding the "wild duck cesspool" adjacent to Langohr Park and the linear park. Commissioner Stiff requested that a copy of this letter be forwarded to the property owner of the property to which this letter refers, which is the Sylvan Springs development. Commissioner Frost asked that Park Superintendent McNeil be requested to review the 02-24-92 - 9 - situation and forward possible suggestions to mitigate the situation. (3) Letter from several residents along or near West College Street, adjacent to Souths ide Park, dated February 17, regarding traffic along that street. (4) An information sheet on the Symms National Recreational Trails Fund Act of 1991, as submitted by the Montana Department of Fish, Wildlife and Parks. . The City Manager invited any interested Commissioners to attend a meeting scheduled for noon on March 5, at which time Mr. Walker will provide additional information on this item. (5 ) Notice of an open house at Careers in Transition, 4:00 to 6:00 p.m. today in honor of Beverly Barnhart's retirement from that office. (6) Agenda for the DRC meeting scheduled for 10:00 a.m. on Tuesday, February 25, in the Carnegie Building. (7) Agenda for the DRB meeting scheduled for 4:00 p.m. on Tuesday, February 25, in the Carnegie Building. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 25, along with daily minutes for the week of February 10. . (9) The City Manager submitted his weekly report, as follows. (1) Met with individuals who are interested in portions of the Valley Unit Subdivision property. (2) Director of Public Service Forbes recently attended proceedings in Helena and Bozeman regarding water reservation claims. (3) Attended the two-day charette for the Law and Justice Center, briefly highlighting the issues covered during those discussions. He noted the median price, for possible relocation of the City Court and Police Department, is $101 per square foot. He then indicated this item will possibly be placed on the agenda within the next couple of weeks for Commission discussion. (4) Noted that staff spent a large amount of time this past week preparing for the zone code amendment discussion to be held this evening. (5) Forwarded the following comparison of licenses issued through February 15: 1991 - dogs, 523; cats, 336; businesses, 1297. 1992 - dogs, 608; cats, _23; businesses, 1327. (6) Noted tha1 staff has solicited bids for the Ci1y's repurchase agreement 'or the upcoming year; and award of that bid will be placed on an upcoming agenda. (7) Announced that the Finance Department staff has been preparing old special improvement district records so they can be placed on microfiche. (8) Noted that the City Hall remodeling is almost complete; and the affected offices should be moved sometime this week. (9) Reminded the Commissioners of the meeting scheduled for tomorrow evening at the Pilgrim Congregational 02-24-92 _.__. ___.... _no - 10 - Church regarding South Third Avenue. He noted that all Commissioners are invited to attend. (10) Commissioner Frost submitted the following. (1) Noted he had a substantial number of telephone calls on various City-related items this past week. (2) Attended the DBA general meeting, at which their goals for the upcoming year were discussed. He noted that twelve goals were set; and many of them are the same as were set at a charette held ten years ago. (3) .Attended the Planning Board meeting on Tuesday evening. (4) Announced that the ad hoc tree committee, comprised of Dick Pohl, Shelly Englen, Michael Danse, John McNeil and himself will meet tomorrow evening. (5) Noted the 11th Annual Wheelchairs, Crutches and People basketball tournament, scheduled for March 28, noting the Commission has been asked if they wish to enter a team this year. He then asked for any volunteer Commission and staff members who wish to participate in this event, suggesting that the Commission ask for the two early shifts, which begin at 9:00 a.m. (6) Asked about the status of acquiring right-of-way for Kagy Boulevard. (7) Noted that after the Cat/Griz game on Saturday night, his daughter was the victim of a hit-and-run accident. He stated the police were extremely helpful and followed through on the incident and, in fact, caught the driver that night. He then asked the City Manager to forward his "thank you" .to the Police Department for the manner in which they handled the situation. (11 ) Commissioner Stiff submitted the following. (1) Attended the Senior Center Advisory Board meeting last week. (2) Received a substantial number of telephone calls this past week. (12) Mayor Swanson asked if the sub-committee for the annexation policy review has made any progress on that item. Commissioner Frost responded the sub-committee has not; and, due to their current heavy schedules, it will be some time before that work is completed. ( 13) Commissioner Vincent submitted the following. (1) Noted the meeting scheduled for 7:30 p.m. tomorrow night, which the City Manager mentioned during his report. (2) Submitted a letter he had received to the Commissioners, noting that he has submitted a situation report to the City Manager for those items which need action. (3) Stated that just atter Christmas, his wife fell .n a sidewalk on South 11th Avenue while they were walking. He noted that he walked along that same sidewalk again today; and it is very rough but is not painted. In response to the City Manager, he indicated he does not have the address at his fingertips, but will call it in. (4) Stated that a walk around the Brentwood Subdivision and the site where an apartment complex is proposed was very enlightening. 02-24-92 --.-.- .---.-.. -----.---------- .n_ .___. _. _ -- - 11 - (14) Commissioner Knapp submitted the following. (1) Attended the Senior Center Advisory Board meeting on Thursday. (2) Announced a Beautification Committee meeting scheduled for tomorrow night. (3) Noted that on Thursday noon she will provide a welcome to the air transportation people, who are meeting at the HOliday Inn. ( 15) City Attorney Luwe submitted the following. (1) Announced that he will be in Billings .on Wednesday and Thursday, since he has been subpoenaed to serve as a witness in a trial. (2) Noted that last week, he met with the Planning Director, Zone Code Enforcement Officer and City Judge to discuss the process for enforcement of zoning violations. ( 16) Clerk of the Commission Sullivan submitted the following. (1) Announced that she met with Michele Letendre from the Chamber of Commerce last week to begin preparations for the "Clean Up Bozeman" campaign, which is scheduled for Saturday, April 25, 1992. (2) Drew attention to the new agenda format, noting that her assistant, Sharon Schumacher, has entered it into the new computer. (3) Noted that with the remodeling essentially complete, as previously announced by the City Manager, her office will be shut down at least one day this week for moving. . ( 17) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, thanked the Commissioners for their participation in the lip sync contest. She noted that the competition was successful, raising approximately $500; and they plan to do it again next year. (18) Mayor Swanson submitted the following. (1) Noted he has received an invitation to attend a birthday celebration at K-Mart at 4:00 p.m. on Sunday; however, he is welcoming the Canadian and U.S. volleyball teams at 4:30 that day. He then asked if either Commissioner Vincent or Commissioner Knapp could attend the festivities at K-Mart on his behalf. (2) Asked the City Manager and the City Attorney if the City would incur any liability if it were to act favorably on a petition requesting that sidewalks not be installed along a certain street, like the one which was received in this week's packet. (3) Suggested the possibility of asking the transportation study consultants to conduct a comprehensive parking study in the downtown area. He noted the costs ere projected at $4,000 to $7,000; and it may be possible the Commission would be asked to contribute to those costs. ( 19) Mayor Swanson asked if a presentation from the City-County Health Department has been set for one of the upcoming agendas; the City Manager responded that presentation has been scheduled for March 16. 02-24-92 - ------- ---------. --., -..- .....---.-....- ---..------ -- '~ - 12 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize absence of Mavor Swanson from the commission meetina of March 16. 1992. in accordance with Section 7-3-4322(2), MCA Authorize absence of Commissioner Vincent from the Commission meetina of March 16. 1992. in accordance with Section 7-3-4322(2), MCA . Building InsDection Division reDort for Januarv. 1992 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, Commissioner Vincent, Commissioner Knapp and Mayor Swanson, those voting No, none. Recess - 5:35 D.m. Mayor Swanson declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of completing the remainder of the routine business items and conducting the planned work session. . Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of completing the remainder of the routine business items and conducting the scheduled work session on proposed revisions to the zone code (second batch). Decision - street trees along Cypress Avenue City Manager Wysocki submitted to the Commission a memo from Director of Public Service Forbes, dated February 21; a memo from Dick Pohl, dated February 5; a letter from County Commissioner Deb Berglund, dated February 14; and a memo from Steve Schnee, President of the Downtown Bozeman Association, dated February 21. The City Manager noted that in his memo, .he Director of Public Service has listed several alternative locations for these trees. He then reminded the Commission of the motion on the table, which was tabled until a response had been received from the Small Business Administration, noting that its disposition must precede any further Commission discussion or action. The motion previously tabled at the February 3, 1992 meeting, which stated "... that the 02-24-92 -.-.----------- _.__"_.__.,. _. .n ..-.,-.... - 13 - Commission authorize and direct staff to proceed with the planting of street trees along the west side of Cypress Avenue, along Lindley Park, as shown on the plan forwarded to the Small Business Administration with the grant application" then failed by the following Aye and No vote: those voting Aye being Commissioner Frost; those voting No being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson. . Mayor Swanson noted that in the letter dated February 10 from the Department of State Lands, there was a stipulation that, because of the unresolved conflict, SBA monies cannot be utilized for planting of trees along Lindley Park this year. He then asked if those trees may be split among other sites, or if they must all be utilized in one substitute site. The City Manager responded that they may be split; however, he cautioned the Commission that the per-tree cost will increase with the number of locations because of set-up and relocation costs for the equipment. He suggested, therefore, that the number of sites selected should be kept to a minimum to ensure that the City plants as many trees as possible under this grant. Responding to questions from the Commission, the City Manager reviewed the staff's viewpoint of the acceptability of each of the suggested substitute sites. He noted that, while .having additional trees in the sidewalks along Main Street is desirable, the costs of such plantings are substantially higher, further decreasing the number of trees which could be purchased through the grant. He stated that, while planting trees in the medians along North 7th Avenue is a desirable alternative, there is asphalt under those medians. He then stated that Garrity Homes and Dan McCloy have forwarded an offer to maintain any trees planted along North 22nd Avenue and Annie Street, as an entrance to the new elementary school. He also noted that this site was included in the application to the SBA, to be funded under a future phase of the program. Commissioner Frost noted that three of the proposed locations involve City parks. He stated that he does not feel the Commission should pursue any of those until after the master plans for the individual parks have been completed; and he feels that public input is also essential. Commissioner Frost then stated an interest in the Main Street location. He noted that at the aowntown Bozeman Association meeting, they noted that the trees planted would be maintained by those businesses in front of which they are located. He also suggested it may be possible that the DBA or the individual businesses would be willing to pay any additional costs of planting those trees, since the cement sidewalk must be removed and the appropriate protective grates and fences installed. 02-24-92 - 14 - Mayor Swanson suggested that a certain number of trees be reserved for the downtown area, if appropriate arrangements can be made, with all remaining trees being planted along North 22nd Avenue and Annie Street. Following discussion, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission select the North 22nd Avenue and Annie Street site as the substitute .site for planting of trees, utilizing Small Business Administration monies, with a small number of trees being reserved for planting in the sidewalks along Main Street if the appropriate arrangements can be made. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson read a portion of the last paragraph from Mr. Duntemann's letter of February 10, noting the importance of having a replacement program in place for older trees. He then noted that he has previously asked Commissioner Frost and Commissioner Vincent to serve on a sub-committee to work with residents around Lindley Park to develop an acceptable plan for upgrading and maintaining that park. . Reauest for revision of conditions for aDDroval of deviations to Sections 18.50.010.F.1.. 18.50.110.F. and 18.60.060. Bozeman MuniciDal Code - Thornburg/Porter. 913 South Grand Avenue The City Manager submitted to the Commission a memo from Assistant Planner Grigsby, dated February 12, 1992, forwarding a request that Condition No.3 for approval of the deviations be amended to allow a more economical "inset" style of detail on the chimney in lieu of the herringbone pattern. Commissioner Frost noted that he was present at the Design Review Board meeting, where this item was discussed. He noted that the DRB overwhelmingly accepted this proposal; and he feels it is appropriate for the Commission to approve the request. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the .ommission amend Condition No.3 in the conditions for approval of the requested deviations to Section 18.50.010.F.1., 18.50.110.F. and 18.60.060 of the Bozeman Municipal Code, for the Thornburg/Porter residence at 913 South Grand Avenue, to read as follows: 3. That the "inset" style of detail in the brick chimney, as approved by the ORB at its February 11 meeting, be included on the final plans. 02-24-92 --..---..-. -..--- - .-.- --....--..-.------ -- --------- - 15 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Deviation from sian code to allow a 13.35-sauare-foot sign in R.3 zone - Sunshine Dav Care. 401 .North Grand Avenue The City Manager submitted to the Commission a memo from Associate Planner Kevin Wall, dated February 20, 1992, forwarding a request for deviation from the sign code, under Application No. ZS-9128, to allow a 13.35-square-foot sign at 401 North Grand Avenue. Associate Planner Kevin Wall reviewed the request. He noted that the subject site is located in an R-3, Residential--Medium-density, District and lies within a neighborhood conservation district. He stated that the existing sign is an illegal sign because it is larger than the 2-square-foot size allowed in any residential zone; and no sign permit has been issued. He noted that the Zone Code Enforcement Officer has cited this violation; and the applicant is now seeking this deviation. The Planner stated that after review of this application, the Planning staff recommended . denial, based on inconsistency with the intent of the conservation district and the master plan; and the ORB concurred in that recommendation. Ms. Lynn Marlow, owner of the Sunshine Day Care, stated she acquired the eight-year-old business three years ago, and was unaware that a permit was needed for the sign until she received the notice of violation. She then expressed concern about the process which the City utilized to document this violation. She noted that she saw an unknown, unidentified man taking pictures of her house from the street one day, which caused her extreme concern, due to the fact that she must carefully ensure the safety of the children in her care and they were outside at that time. She suggested that in the future, the City employees should be more cognizant of those concerns and act accordingly. Ms. Marlow noted the subject site is located at the northwest corner of the intersection of .west Villard Street and North Grand Avenue, which is one block west of the Medical Arts Center, 1 block east of the Bozeman Care Center and one block north of a former attorneys' office. She then noted the importance of being able to compete with other businesses, which includes the need for signage. She also noted that the residents immediately to the north have placed a large metal moose in their front yard; and it has received more comment than her sign. 02-24-92 .------...--------.-...---.---... . , - 16 - Ms. Marlow stated that no complaints have been filed by residents in the area about her sign, which was professionally done by a local artist. She also noted that a 2-square-foot sign is not large enough for people to see. Responding to Commissioner Frost, Ms. Marlow stated there is one other day care center in the immediate proximity; and she does not have a sign. . Responding to Commissioner Stiff, Planner Wall reviewed the signage allowances in the B-3 zone. He then stated that the soft edge approach applies to the master plan only, not to signage allowances under the zone code. He then stated the subject parcel is zoned R-3 and is located across the street from an R-4 zone and is one-half block from the B-3 zone. Mr. Mike Murray, new purchaser of the Sunshine Day Care, stated he is in the process of purchasing this business from Ms. Marlow, noting he thought the sign was a part of the business. He stated the existing sign does not appear to interfere with anything in its present location, and is readily visible. He noted that a 2-square-foot sign would be so small that one would have to walk up to it to recognize that it is announcing a business. He stated that identification of a small business is important, and requested that he be allowed to retain the sign. . Commissioner Vincent asked if there is a standard permissible deviation in excess of 2 square feet in a residential area; the Associate Planner responded there is not in a neighborhood conservation district. He further noted that this provision is new, having just been adopted in the round of zone code amendments which became effective in January. Commissioner Vincent expressed concern that approval of this application could result in an undesirable precedent, particularly since many neighborhood day care centers have no signage at all. Commissioner Knapp stated the Commission's primary obligation is to protect neighborhoods. She noted the subject area is a residential neighborhood; and it must be protected from encroachment by full-fledged business appearances. She stated support for small identification signs; however, she feels the existing sign is too large. . Commissioner Frost stated concurrence with Commissioner Knapp's comments, noting that while day care centers are appropriate in a residential area, large signs are not. Commissioner Stiff stated the existing sign is beautiful and nicely done; and he feels it looks appropriate as installed. He noted concurrence with the applicant's assessment that a 2-square- foot sign is not adequate. 02-24-92 , - 17 - Mayor Swanson stated concurrence with the staff report and the DRB recommendation. Commissioner Vincent noted the importance of the Commission acting consistently on this type of request. He then stated that he will vote in support of the staff recommendation; and he will continue to vote negatively on applications for deviations to this section of the zone code in the future. He suggested it may be appropriate to prepare an inventory of signs in the residential .zones, to ensure that this provision is being administered uniformly. Mayor Swanson requested that City staff take Ms. Marlow's questions and concerns into consideration as they take pictures in the future. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission deny the request for deviation from the sign code, under Application No. lS-9128, to allow a 13.35-square-foot sign at 401 North Grand Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No being Commissioner Stiff. Discussion - addition of temDorary emDlovee in Building InsDection Division . City Manager Wysocki submitted to the Commission a memo from Planning Director Epple dated February 20, 1992, along with support information, requesting authorization to hire an additional building inspector. He noted the information in the memo reveals that the Building Inspection Division is already extremely busy; and this construction season promises to be a busy one, with many large projects to be undertaken. He further noted that the revenues generated through this department are well ahead of those projected during preparation of the budget for this fiscal year; and those excess revenues could be utilized to fund this position. The City Manager then noted the request is for a building inspector to be hired on a temporary basis. He stated that it is anticipated that the individual would be hired for one year, with an option to extend the employment for an additional one year and the end of the first nine months, if it is determined appropriate due to a continued building boom. . Responding to Commissioner Knapp, Planning Director Epple stated that staff did consider hiring an individual on a contract basis; however, he noted that it would amount to approximately the same dollar amount. He then noted preference for hiring a full-time temporary employee, since there is typically more ability to control an employee than a contracted individual. The Planning Director then responded to several questions, indicating he feels that the 02-24-92 , . - 18 - position can be filled without a problem. He noted his intent to advertise state-wide through the newspapers and in the western edition of Jobs Available. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission authorize the addition of a temporary employee in the Building Inspection Division for one year, with an option for a one-year extension at nine months. The motion carried by the .follOWing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Break - 7:57 to 8: 1 0 D.m. Mayor Swanson declared a break from 7:57 to 8:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Work Session - DroDosed revisions to the zone code (second batch) Planning Director Epple submitted to the Commission a memo dated February 24, containing proposed language for remaining zone code amendments, as a result of direction which he has .reviouslY received from the Commission. He reminded the Commission that these proposed changes must go through the amendment process, if they determine the changes are appropriate following this discussion. He then noted that these amendments cover only the first 100 pages of the zone code; and many of those who have been in attendance at these meetings are interested in the sign code issues, which are at the end of the zone code document. Mayor Swanson suggested that since the sign issues have generated so much interest, they should be considered by themselves in a work session; the Commissioners concurred. Planning Director Epple stated an interest in proceeding with the second batch of zone code amendments as quickly as possible, so the zone code can be revised to include both the first and second batches of amendments. The Planning Director then proceeded to quickly review the various amendments proposed, aoting that who initiated the proposed revision is included in parenthesis at the end of the section. Due to the time available, discussion on these amendments was limited; and there were no decisions. Under Section 18.04.010, the following definitions are being considered for revision: airfield, personal use; bed and breakfast home; building, height of; deviation; family; grade; heliport; 02-24-92 -..-.-.-.. , . ' . - 19 - and lodging house. The Planning Director carefully reviewed each of these definitions, noting that staff is currently revising the proposed definition for "airfield, personal use;" and the new definition should be available for Commission consideration shortly. There was substantial discussion surrounding the proposed definition of "bed and breakfast home," particularly with its proposed limitation to single-family dwellings and the rapid change which these facilities are currently .ndergOing, as well as the various zoning districts in which they are to be allowed. Following that discussion, there seemed to be no objection to deleting the words "single family" from the definition. The Planning Director then reviewed the revised definitions of "building, height of" and "grade," which provide a much simpler and more easily understood manner of measuring the height of buildings. He noted that the specific sections of the code pertaining to height limitations in each of the applicable zones have also been revised to allow additional heights for those structures with pitched roofs on a three-in-twelve or greater pitch, to avoid the tendency to construct flat-roofed structures. He then stated that the heights were not revised in the B-3 and manufacturing districts because he felt they were already high enough. The Planning Director then reviewed proposed revisions to Section 18.06.040.C., clarifying .the application of the overlay district regulations. He also briefly highlighted revisions to Section 18.06.060, noting they do not change the intent or application of this section but more accurately reflect how it is accomplished. Planning Director Epple then reviewed the revisions to Section 18.12.010, the intent statement for the R-S district, noting that it has been difficult to deal with subdivisions in those districts because the intent statement conflicts with the master plan. He noted that these revisions will make the two documents compatible and, therefore, easier to administer. The Planning Director then reviewed the proposed revision to Section 18.17.040, which creates a limit on the size of dwellings that may be allowed in the R-2A zone. He noted that the intent statement indicates that this district is to provide economical single-family residential development; and this limitation may help to ensure that development in these districts meets that entent. The Planning Director then spent time discussing the proposed revisions to Section 18.42.020, which provide definitions in the neighborhood conservation overlay district. He stated that after review of concerns raised, staff would propose that the definitions for "alteration" and "repair" be revised and that a new definition for "light construction" be added. He suggested that 02-24-92 - . . , - 20 - these revisions could help to streamline the process for minor construction activities while ensuring that adequate review is provided for major items. He noted that revisions to Sections 18.42.030 and 18.42.050 are also needed to accommodate those revisions. Following discussions on those revisions, it was determined that Section 18.42.050.B. should be amended to classify porches which are not visible from the street as minor alterations, while porches which are visible must be .sUbjected to a comprehensive review. Planning Director Epple then lightly brushed over the proposed revisions to Sections 18.42.060, 18.43.040 and 18.43.060. The Commission thanked the Planning Director for his work on these revisions. Adjournment - 9:31 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those .oting No, none. ATTEST: (6/~ J~ ROBIN L. SULLIVAN Clerk of the Commission . 02-24-92 ---.------- --