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HomeMy WebLinkAbout1992-02-10 ccm ----.-. -..-. -... .-.---.. --.~.._. ..-.---- ..---. ..- -----.--.----..----.----.-. .---.---.-.-. . , . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 10, 1992 *********************** The Commission of the City of Bozeman met in regular session in the Commission Room, .MuniCiPal Building, February 10, 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 - January 27 and February 3. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the minutes of the regular meeting of January 27, 1992, as amended. 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. Mayor Swanson deferred action on the minutes of the regular meeting of February 3, 1992, for a period of one week. Proclamation - "Rec09nition of Stan Tenney" Mayor Swanson read the proclamation which recognizes Sergeant Stan Tenney on his recent retirement from the Bozeman Police Department. Chief of Police Dick Boyer stated that he was unable to reach Stan Tenney to have him present at this meeting; however, he indicated a willingness to accept the proclamation on Mr. .Tenney's behalf. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission concur in the Mayor's proclamation. 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. 02-10-92 , - 2 - Discussion - draft letter to the State DeDartment of Health and Environmental Sciences re the Boiler and Industrial Furnace (BIF) regulations The City Manager noted that a copy of the redrafted letter to the State of Montana Department of Health and Environmental Sciences regarding the proposed Boiler and Industrial Furnace (BIF) regulations, was included in the Commissioners' packets. He briefly reviewed the .revisions contained in this letter, noting that they were based on comments forwarded by the Commissioners as well as public input received by the Wednesday deadline. Commissioner Frost stated support for the letter as drafted. He then asked if the Commissioner Vincent's written comments are going to be forwarded to the State separately, noting that he personally does not support them. The City Manager responded that those comments had been included in the Commissioners' packets for their information; and they will not be forwarded by the City staff unless directed to do so by the Commission. Commissioner Stiff stated that his position has not changed from that stated at last week's meeting; however, he will support sending of this letter as drafted. He then Qistributed copies of the letter which the County Commission had forwarded, noting it is much briefer, . acknowledges Holnam's value to the area, and is to the point. He also expressed concern that the City's letter tends toward modification of law, noting that is appropriately accomplished by the Legislature. He then reiterated his concern about the strong language contained in the draft letter, such as "tremendous" and "catastrophic," suggesting that it could have been written in simpler terms that are less emotional. He then noted that no one has suggested that protection of the environment be ignored. Commissioner Vincent stated support for the letter, with a modification to the beginning of the second paragraph under No.2. He cautioned that the City cannot demand anything from the State, suggesting that the language be softened to read "We urge, in the strongest possible language, that adequate funding for personnel..." The Commissioners concurred in the proposed .revision. Commissioner Knapp stated support for the proposed letter, as modified. Mayor Swanson stated that, while he was comfortable with the requirement for a five- to ten-mile distance from waterways and recreation areas, as contained in the original draft, he is willing to accept the revised language, which asks that siting regulations for burning of hazardous wastes include a minimum safe distance from such facilities. 02-10-92 ________._ .__u . --------. ---.....-.-... --.- -----.----..-.--.."'. -------.- _on _.__ - 3 - Commissioner Vincent stated his intent to send a letter to the Department of Health and Environmental Sciences, as a citizen, urging them to work closely with the EPA to ensure that the State is not precluded from its due process in establishing its own guidelines rather than having the EPA regulations unilaterally applied in the interim. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission authorize and direct the Mayor to sign the letter to the State of Montana Department of Health and Environmental Sciences regarding the proposed Boiler and Industrial Furnace regulations, as amended. 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. Break - 3:50 to 4:00 D.m. Mayor Swanson declared a break from 3:50 p.m. to 4:00 p.m., to allow staff ample time to complete the revisions to the letter per the above agenda item, and preparation for the next agenda item. . Presentation from Bozeman Senior Hiah School DECA students for Marketing Week City Manager Wysocki reminded the Commission that Commissioner Vincent has arranged for the DECA students at the Bozeman Senior High School to make a presentation to the Commission regarding their recent marketing research project. Mr. Gordon Rognrud, teacher at the Bozeman Senior High School, stated that the students present today are members of his marketing research class. He stated that the students have been divided into two groups of eight each and have been asked to do a research project on the overall climate of the Bozeman community. He then introduced the four students who are prepared to present their findings to the City Commission. . Ms. Laura Gordon introduced the subject as well as the other students, who were Ms. Carol Pendleton, Mr. Josh Lockie and Mr. Jeremy Bolhuis. The students then presented their findings on the topic of how to improve Bozeman. They indicated that the data was gathered through a door-to-door survey in specific identified areas of the community which they felt would provide a representative base, with a total of 280 people being surveyed. The statistical data provided was based on dividing those surveyed into the age groups of 19 and under, 20 to 26, 27 02-10-92 , - 4 - to 35, 36 to 50, and 51 and over. On the issue of the livability of Bozeman, ratings ranged from a 3.5 from the 51 and over category to an 8 for the 36 to 50 age group. The rating for the City Commission was just under 5; and for the Chamber of Commerce, it was 7. The students then reviewed several charts pertaining to traffic, housing, jobs, .entertainment, buying sources, locations of purchases outside Bozeman, and items purchased outside Bozeman. They concluded that the major issues of concern pertain to traffic and the condition of the streets, housing and jobs. They then noted that need to improve existing businesses and create new ones to enhance buying opportunities in Bozeman, possibly through encouraging specialty stores, clothing stores, discount and thrift stores, and more malls. The marketing students then responded to questions from the Commissioners. Mayor Swanson noted that the City is currently attempting to address many of the issues which the students have raised. He stated that a transportation study is currently underway; at next week's meeting, the Commission will have a work session on afforable housing; and the Gallatin Development Corporation has been created to assist existing businesses in expansion and to attract new business to the community. . The Commissioners then thanked Mr. Rognrud and his students for their presentation. Decision - deviations to Sections 18.50.010.F.1.. 18.50.110.F. and 18.60.060. BMC. to allow encroachment of structures into reauired front and side yards - Thornburg/Porter. 913 South Grand Avenue The City Manager reminded the Commission that they had begun discussion on this item at last week's meeting, and requested that it be continued to this meeting. He then noted that included in this week's packet was a memo from Assistant Planner Grigsby, dated February 6, 1992, along with a revised plan for the garage and a revised site plan showing the relocation of the proposed garage. Assistant Planner Grigsby stated that he has reviewed the revised site plan, and feels that the existing trees are viable. He stated that under the revisions, the shape of the garage has been .changed; and it has been moved closer to the rear property line. He noted that with these revisions, the deviations originally requested are still needed; and no new deviations have been created. He noted, however, that the change will relocate the garage far enough to ensure that the trees should not be damaged due to this construction. He then suggested that the design elements of this revised plan be referred to the Design Review Board for review and final approval 02-10-92 _. ._... __... _. ._u.__ . -- ....-.---.. -.--.." -... .. - 5 - of the site plan. Mr. Chris Babcock, Cikan Architects, stated that the applicants have now indicated a desire to relocate the garage to 10 feet from the rear property line, which meets the code requirements, instead of the 16 feet shown on the revised site plan. He also noted that the . applicant has requested that the condition requiring a herringbone pattern on the chimney, which was included in the original ORB recommendation, be eliminated due to the costs involved. Responding to a question from Mayor Swanson, Mr. Babcock stated that with the proposed 16-foot setback, it would be possible to park a vehicle behind the garage; but that will not be possible with a 10-foot setback. He noted, however, that since the current property owners are not year-round residents, they have indicated that the additional parking space is not necessary. He then stated that the applicant proposes to construct the garage on a concrete slab, which will further ensure that the rootline of the tree is not damaged during construction. Commissioner Vincent stated that he feels that the revised plans to ensure preservation of the tree are commendable. He then asked if this application will come back before the Commission after the ORB has reviewed the revised design elements. . The City Manager expressed concern about moving the garage closer to the property line and eliminating the potential parking space behind it. He noted that the current property owners do not find it necessary; however, he suggested that in five years, someone else may own the property who wishes to park there. He then noted that the proposed relocation of the garage will help to ensure the protection of the tree. City Manager Wysocki then recommended that the Commission approve the three requested deviations, with the six conditions recommended, and refer the design elements for the ORB for review and final approval. He noted that one of those is the requirement for a herringbone pattern on the chimney; and if the applicant so chooses, he may wish to ask for a re-review of that condition through the ORB and the Commission. He then noted that this process for approval has been utilized in the past and seems to work well. . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the requested deviations to allow encroachment of structures into the required front and side yards at the Thornburg/Porter residence, 913 South Grand Avenue, as follows: 1. From Section 18.50.050.F.1., to allow the construction of a new garage which will encroach 3 feet into the required 8-foot side yard setback; 02-10-92 . - 6 - 2. From Section 18.50.11 O.F., to allow the construction of a drive access which will encroach 2 feet into the required 8-foot side yard setback; and 3. From Section 18.60.060.A.3., to allow remodeling of an existing front entry porch area that legally encroaches 3 feet into the requied 25-foot front yard setback; .sUbject to the following conditions, as recommended by the staff and the Design Review Board: , 1. That the applicant use a cedar horizontal lap siding of a width from 4 inches to 6 inches, but not 8 inches; 2. That window muttons be removed from the larger windows (identified as 'B', 'c' and '0' on the revised elevations) so they are large single panes; 3. That the herringbone pattern of the chimney be included on the final plans; 4. That the eaves will be painted on the bottom and left open with channels above and that they will be kept open all the way down the side; 5. That false beams will be added in the peaks and off the corners as on the original structure; and 6. That the three existing mature ash trees located to the rear of the house be maintained and protected from damage or removal due to any . remodeling or additions or construction activities thereof; \,_ and that the design elements of the revised site plan be referred back to the Design Review Board for review and approval. 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. Reauest for Dermission to address Commission re reauested sianage for the new Comfort Inn. 1370 North 7th Avenue - Gene Cook City Manager Wysocki submitted to the Commission a letter from Mr. Gene Cook, dated January 13, 1992, regarding his proposed signage for the new Comfort Inn, located at 1370 North 7th Avenue. Mr. Gene Cook stated he has been working with staff since October in an effort to .stablish signage which he feels would be appropriate for his motel. He expressed frustration that under the current sign code, he is allowed a sign that is 8 feet tall and a maximum of 48 square feet, or a sign that is 30 to 65 feet tall with 400 square feet of signage. He then stated his desire to erect a sign that is total 15 feet tall with a 7-foot by 7-foot sign and a 3-foot by 6-foot reader board underneath. He stated that with the limitations which have been placed on deviations, that 02-10-92 -----.-..,..- ------ - ---- - 7 - alternative does not provide a viable solution to his problem. Mr. Cook then stated that he has followed all of the appropriate processes to date, discussing his desired signage with Planning staff members and the City Attorney. He then stated that he would like to have his signage installed by the first of March, and asked the Commission efor their assistance in gaining the necessary approvals to do so. Planning Director Epple stated that staff has, indeed, worked with Mr. Cook on this issue. He noted that Mr. Cook has been very responsive to design concerns raised about the building. He noted, however, that the sign was submitted as a separate application and was, therefore, subject to separate review from the remainder of the project. He then stated that the only options available to Mr. Cook are to seek a 20-percent deviation from the sign code, which would increase the general code provisions allow a sign up to 9.5 feet high and containing 75 square feet or decrease the interstate zone sign provisions to allow a sign which would be a minimum of 24 feet above the ground. He then stated that, while staff recognizes Mr. Cook's concern, the code is very explicit in its requirements. The Planning Director then noted that the issue of interchange signage is an issue which .Will potentially be reviewed in the next few weeks, during the upcoming zone code amendment process. He stated that during that process, some of the alternatives for revision may allow Mr. Cook's proposed sign; however, it is not allowed at this time. At Mayor Swanson's request, Planning Director Epple reviewed the rationale for the signage height limitations established, noting that the current regulations create a zone with no signs so that the viewshed is not obliterated. He then noted the new interstate logo program which the State has just implemented, suggesting that an interchange zone may no longer be appropriate. Mr. Gene Cook stated that a facility must be open before it can take advantage of the interstate logo program, and the applications are due in April; therefore, he is unable to utilize that program at this time. . Mayor Swanson noted that he understands Mr. Cook's problem; and it appears that the issue will be addressed as quickly as possible. Responding to Commissioner Stiff, the Planning Director stated that the earliest that a zone code amendment might become effective would be early or mid-May. He then suggested that temporary banner signage could be used between the time the new facility opens and any amendments to the zone code become effective. 02-10-92 - 8 - Responding to the City Manager, the Planning Director stated that the application for sign age was filed under the current zone code, which became effective on October 3, 1991. Commissioner Frost noted that the interstate zone was established at the request of business owners. He further noted that the City has worked closely with many business owners .during the finalization of the zone code to ensure that as many of their needs and desires were addressed as possible, while maintaining the integrity of the document. Commissioner Stiff expressed concern about the problems which the current 8-foot height limitation on signs seems to be creating. He then suggested that the limitations are unrealistic and will cost the business owners a substantial amount of monies when they are required to amortize their existing signs. Commissioner Vincent stated that, while he supports the staff recommendation, he has concern about how the City's continued revising of the recently-adopted code regulations will be perceived. He then noted the importance of having all businesses operating under the same signage rules, providing them with equal opportunities for advertising. It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the .commission acknowledge receipt of the request submitted by Mr. Gene Cook for signage at the new Comfort Inn, 1370 North 7th Avenue; and refer it to staff for consideration in conjunction with other sign code amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Vincent and Mayor Swanson; those voting No being Commissioner Stiff. Ordinance No. 1343 - salarv ordinance for the City Manager for Calendar Year 1992 City Manager Wysocki presented Ordinance No. 1343, as approved by the City Attorney, entitled: ORDINANCE NO. 1343 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their regular meeting of January 27, 1992. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1343, setting the City Manager's salary for Calendar Year 02-10-92 - 9 - 1992. 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. _e~~rt fr~m Co~m.issioner Knapp re procedure for response to letters and telephone cells from the u he to Commissioners The City Manager noted that a copy of the revised flowchart for the procedure to respond to letters and telephone calls to the Commissioners, along with a copy of the response letter, were included in the packets. Commissioner Knapp reviewed the revised flowchart, noting that it is based on the Commission discussion of the draft flowchart at its work session conducted on January 21. She then reviewed the revisions to the draft letter of response, noting that they more accurately reflect how an issue might be addressed. She further noted that if the letter received pertains to a specific upcoming agenda item, the date for which it is scheduled before the City Commission and the Planning Board, if applicable. . Commissioner Knapp then noted that some slight revisions were also made to the information sheets on public hearings; and those revisions should be included in next week's packet. She stated that she is still working on revisions to the information brochure; and a revised brochure will be forthcoming shortly. Responding to Mayor Swanson, the Clerk indicated that her assistant spent most of the morning preparing responses to letters received in the past couple of days. Commissioner Knapp suggested that, despite the staff time it takes to respond, she feels the good will it generates is worth it. Mayor Swanson stated he feels it is a good policy, and thanked Commissioner Knapp for her efforts. .iScussion - 8DDointment of Commissioner liaison to the TIFID Board City Manager Wysocki submitted to the Commission a memo from Assistant to the City Manager Brey, dated February 7, 1992, forwarding the TIFID Board's request that a Commissioner liaison be appointed. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission appoint Commissioner Frost to serve as the Commissioner liaison to the Tax Increment 02.10-92 - 10 - Financing Industrial Board, with Commissioner Knapp to serve as alternate. 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. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Assistant to the City Manager Brey, dated February 7, forwarding information from the TIFID Board. (2) Notice of the Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7:30 a.m. on Thursday, February 13, at the Baxter. (3) Newsletter from the Montana League of Cities and Towns, dated January 1992. (4) Letter from Bob Ekey and Kris Thomas, 719 South 6th Avenue, dated Feburary 4, regarding the planting of street trees along Lindley Park and the issue of hazardous waste burning in cement kilns. . (5) Announcement of the Chamber of Commerce lip sync sensation fundraiser, for which the Commission has prepared its tape, scheduled for 5:30 p.m. on Thursday, February 20, at the Holiday Inn. (6) Agenda for the DRC meeting scheduled for 10:00 a.m. on Tuesday, February 11, at the Carnegie Building. (7) Agenda for the ORB meeting scheduled for 4:00 p.m. on Tuesday, February 11, at the Carnegie Building. (8) Agenda for the February 11 meeting of the County Commission, along with daily minutes for the week of January 27, 1992. (9) The City Manager submitted his weekly report, as follows. ( 1) Noted the Commissioners were duly taped for the Chamber's lip sync contest. (2) Attended the meeting at &su regarding the $22.2 million engineering building project, which is to be ready for occupancy in approximately three and one-half years. (3) Noted that staff revised the letter regarding burning of hazardous wastes, upon which the Commission has acted. (4) Noted that Mr. Goeff Badenoch made presentations on the Missoula tax increment financing program to the DBA and the TIFID Board last week. (5) Stated that the sub-committee on the Valley Unit Subdivision met last week 02-10-92 -.---- -.-----..----.-.. .----...--..---- - 11 - and is scheduled to meet later this week. (6) Announced that the Audit Committee met today; and its recommendations for an audit firm for the next two fiscal years will be submitted to the Commission for action at next week's meeting. (7) Noted that the Police Department is utilizing foot patrols whenever possible in specific areas of the community. (8) Noted that February 15 is .the deadline for purchasing licenses for cats and dogs as well as general business licenses, without a late fee being assessed. (9) Announced a supervisory workshop which was recently held for mid- mangement employees. (10) Commissioner Stiff submitted the following. (1) Attended the DBA meeting on Wednesday evening. (2) Reviewed the video and written information received from Holnam regarding their operation. (3) Attended the meetings of the Valley Unit Subcommittee and the Audit Committee. (11 ) Commissioner Frost submitted the following. (1) Attended the meeting regarding the engineering building at MSU. (2) Attended the Planning Board meeting until 10:00 p.m. He noted that some members of the Planning Board have registered concerns with him that if meetings continue to last so long, some letters of resignation may be forthcoming. (3) Attended the meeting .scheduled by Plum Creek last Wednesday, noting that at that meeting they announced their intent to change their logging style to be more environmentally sound. (4) Attended the DBA meeting on Wednesday evening. (12) Commissioner Knapp submitted the following. (1) Worked with Clerk of the Comission Sullivan to revise the flow chart for responding to letters and telephone calls last week. (2) Worked on a report on long-range planning last week. (3) Participated in the lip sync taping just prior to this meeting. (4) Attended a luncheon meeting with Mr. Mark Hinshaw. (13) Commissioner Vincent announced that he is organizing a meeting, to include representatives of the City, County, School District and MSU, with the residents along South Third Avenue south of Kagy Boulevard to discuss improvements to that roadway; and that meeting has now been scheduled for 7:00 p.m. on Tuesday, February 25, at the Pilgrim Church. He stated that .irm commitments have not yet been received from all of the entities involved. He then indicated that invitations will be mailed to all parties as soon as plans have been finalized. He stated this is the largest neighborhood meeting that he has organized to date, inviting all intereste d Commissioners to attend. (14) Commissioner Vincent then submitted the following. (1) Attended the DBA 02-10-92 ------ ------- --..-------- - 12 - meeting on Wednesday evening. (2) Attended the first portion of the Planning Board meeting on Tuesday evening. (3) Stated he is beginning to receive responses from his door-to-door campaign; and many of those have been checked to share with other Commissionres. He stated that as soon as he receives several, he will batch them up, make copies, and distribute them to the Commission. (15) City Attorney Luwe stated the City was served last week with a complaint from &ary Palffy against the Director of Finance and the City of Bozeman, protesting tax assessments for Fiscal Years 1990 and 1991. He indicated that he will respond in the appropriate manner. ( 16) Clerk of the Commission Sullivan announced that next Thursday, she will attend a meeting of the Executive Board for the MMCT&FOA, at which time the schedule for the Clerk's Institute is to be finalized. She then informed the Commission that the Elected Officials' Workshop, which is held in conjunction with the Institute, has been scheduled for May 7 and 8. (17) Mayor Swanson submitted the following. (1) Reminded the Commissioners of their recent determination that if one Commissioner requests, the public hearing will be continued rather than closed this evening. He further noted that at the request of one Commissioner, the customary one-week waiting period for the decision will be honored. (2) Noted that he attended .several meetings last week. (18) The City Manager distributed to the Commissioners a draft of the rules of procedure to be utilized for next week's public hearing. He noted that this draft was developed in response to concerns raised following the Planning Board's hearing, and is based on the Commission's rules of procedure, which have been in place for several years. He then suggested that the Commission discuss this draft after tonight's public hearing, so that information can be distributed to those involved in next week's hearing during the week. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Fish Technoloay Center Centennial Days" - Auaust 15-16. 1992 . ADDlication for kennel license - Richard McNeelv. 2960 Spring Meadows Drive - Calendar Year 1992 Authorize City Manager to sian - Amendment No. 1 to the Engineering Services Aareement - North 7th Avenue sewer relocation Droiect - HKM Associates Authorize City Manaaer to sign - Agreement for Engineering Services - relocation of west sewer trunk line (in conjunction with North 19th interchange project) - HKM Associates: continoent UDon aDDroval from the State Department of TransDortation It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the 02-10-92 - 13 - 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 Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. .Recess - 5:50 D.m. Mayor Swanson declared a recess at 5:50 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Public hearing - design obiective Dlans for entrvwav overlav corridors This was the time and place set for the public hearing on the design objective plans for eentryway corridors. Mayor Swanson opened the pUblic hearing. Planning Director Andy Epple introduced the item, noting this is the culmination of a process undertaken approximately nine months ago. He reminded the Commission that these design objective plans have been prepared, under contract, by Mr. Mark Hinshaw, consultant from Bellevue, Washington. He then briefly highlighted the public workshops, public meetings and public hearings to which these plans have been subjected, in preparation for tonight's public hearing. Mr. Mark Hinshaw, consultant, noted that the project was originally scheduled for completion within six to seven months; however, additional public meetings were held to ensure that the document would meet Bozeman's needs, and that lengthened the process. He stated that he feels this process has served to strengthen the document's sensitivity to the local issues. e Mr. Hinshaw stated that this document is a natural extension of the recently-adopted master plan and zone code. He reminded the Commission, however, that this document establishes guidelines, rather than the hard-and-fast rules which are found in the other two documents. He further characterized this as a rather fluid document, which will require amending on a regular basis to remain responsive to the community and its needs. 02-10-92 ..__u____ ...__._.__._...._..... _ . -------.---..- ---. ... ----..-----.....- ----- - 14 - Mr. Mark Hinshaw noted that this document sets forth general objectives and guidelines for all of the entryway corridors to the community and then sets forth specific objectives and guidelines for the seven identified corridors, which include (1) South 19th Avenue, (2) West Main Street, (3) North 19th Avenue, (4) North 7th Avenue, (5) Bridger/North Rouse Avenue, (6) East Main Street, and (7) Interstate 90. e Mr. Hinshaw then reviewed the three fundamental guiding principles for this document, which include (1) clarity, (2) appropriateness and (3) flexibility. He stated that these guidelines will give people information about what is expected of a project, without their needing to "second guess" what the City wants. He noted that the portions of these objectives and guidelines which are applicable to a specific project may be considered in conjunction with that project, noting that some of them may not be appropriate for a small remodeling job. He then characterized the utilization of these objectives and guidelines as a cooperative, collaberative process, which encourages an applicant to utilize creativity in a project, while meeting the requirements of the master plan and the zone code. He stated that, while these provisions are guidelines, an applicant is charged with an obligation to consider each of the guidelines, providing a response for why a .gUideline is not addressed or how it will be accommodated. Mr. Hinshaw stated that the final document has been prepared in binder format, so that any revisions can be quickly incorporated. He noted that the document has been written in easy-to- understand language; and the final document will be tabbed and indexed for easy reference. He also noted that illustrations will be provided whenever possible, to graphically demonstrate what the text is saying. He suggested that over time, the City may wish to change the pictures, thus using local examples of desired results. Associate Planner Kevin Wall presented the staff report. He stated that staff applied these guidelines and objectives to some of the most recent projects to determine how appropriate they are. He noted that, as a result of those reviews, staff would recommend five amendments, as contained in the addendums to the hearing draft of the design objective plans, dated January 7 and .January 14, 1992. He then carefully reviewed the language changes that would be incorporated in the document, as a result of approving these amendments. The Associate Planner then reviewed the contents of his memo dated February 5, which outlines the Montana Motorist Information Sign Group (logo sign) program. He noted that this program is just being implemented in Montana; and the initial round of signage sales is in progress. 02-10-92 --...- --..----...- - 15 - He reviewed the sizes of the signs; the various categories of businesses advertized on these signs, and the number per sign; and the costs for the mainline and ramp directional signs under this program. The Associate Planner stated that, following its public hearing on these design objective _Jans, the Planning Board recommended adoption of the plans, with the amendments proposed by staff, with the stipulation that the Planning staff submit these guidelines to the Montana Department of Transportation for their comment prior to final adoption of the plans. He then submitted to the Commission a memo dated February 10, which forwards the MOOT response. He noted that one of the comments addresses the importance of an on-going dialogue between the City and the State to avoid a potential conflicts that might arise from future revisions to the document. He stated that, as a result, the staff has proposed another amendment to the guidelines which would adequately reflect the need for the City to work with the State on provisions which might impact improvements along State rights-of-way. Associate Planner Wall then responded to several questions and comments from the Commissioners. During those responses, he indicated that the Fairfield Inn sign, which was .pproved under the interim zoning ordinance, is to be between 60 and 65 feet tall. He then noted that the McDonald's sign is 65 feet tall, and was approved under the old zone code. At Commissioner Stiff's request, Mr. Hinshaw reviewed how this document is to be implemented. He stated that implementation of these guidelines and objectives is substantially an "attitudinal change." He noted that these guidelines will assist the ORB in its review of projects within the entryway corridors, and will provide some baseline information for all parties involved. Responding to Commissioner Vincent, Mr. Hinshaw stated that design review objectives are a relatively new concept, having been in place in some communities for ten to fifteen years. He then noted that this plan includes more corridor entryways than most plans, noting that this is "on the cutting edge" in planning. Responding to a question from Mayor Swanson, Mr. Hinshaw stated that the criteria for .he logo sign program in Montana, as listed in Planner Wall's memo, seem to be somewhat different from the federal regulations under which other State programs are operated; and the fees are substantially higher than those for the Washington program. Mr. Hinshaw then cautioned the Commission that adoption of these guidelines and objectives will not result in an immediate change in the community, rather, it will be a more subtle 02-10-92 ...-... --- ...._..u..._u_ - 16 - change that occurs over time. Mr. Keith Swenson, 603 South Willson Avenue, stated that as a member of the Design Review Board, he feels this document will be very useful. He noted that these plans will make the process more predictable to the applicants; and he feels it will serve the community well. He stated .the document has been well drafted, and it will complement the other standards and guidelines under which staff and boards must review a project. Mr. Swenson then expressed concern that in the proposed amendment pertaining to interstate signage, the word "shall" was included. He suggested that since these guidelines are not mandatory, that word should possibly be changed. He then encouraged Commission adoption of this document. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated support for adoption of this document, encouraging the City to utilize it as a tool for allowing individuality rather than in a "cookie cutter" manner. She then encouraged the City to work with the community in an effort to remove the medians in North 7th Avenue. Ms. Joyner then expressed concern about the possible implementation of a requirement .that those businesses utilizing the logo sign program not be allowed to utilize interstate signage as well. She noted the program, as currently established, seems to be very limiting; and it could result in unfair advantage to some of the businesses located near an interchange. Ms. Joyner then concurred with Mr. Hinshaw's assessment that attitude is a large part of ensuring the success of these guidelines and objectives. She then encouraged adoption of these plans, and the appropriate implementation of these plans. Associate Planner Kevin Wall noted that while this document sets forth guidelines, the zone code indicates that the design objective plans will identify the interstate signage corridor. He stated that under the zone code, signs within this corridor may range from 30 to 65 feet in height. He noted that if these plans include provisions which are contrary to that language, then the zone code must be amended accordingly. . Planning Director Epple stated that with the manner in which this document is written, flexibility is encouraged. He noted that the term "shall" is used within the document; however, he noted that such use is limited to the items of what issues must be addressed under an application. He stated that more discretionary language has been used in other parts of the document. The Planning Director noted that a design-driven zone code has been used for the past two 02-10-92 --.-. .-... __ ._..._.. u. __ ~____....... _.. ... " - 17 - years; and these guidelines will make that process more predictable and consistent. He then stated staff's intent to prepare information sheets for applicants, noting that the general guidelines and objectives, as well as those pertaining to a specific corridor, will be given to applicants early in the process to ensure that those issues are addressed. e Mr. Mark Hinshaw suggested that on the interstate signage issue, the Commission may wish to consider a program which has worked successfully in another state. He then noted that in Washington, when a business utilizes a logo sign, it must lower its sign to no higher than the building. He stated that many businesses have chosen to participate in the logo sign program, noting they have found that it works better for the traveling public and for them as well. Responding to Commissioner Knapp, Planner Wall stated that the footnotes for two of the tables pertaining to the sign code provisions indicate that the interstate signs will be addressed through the design objective plans. The issue of an interstate sign zone will be affected with the revision or elimination of those footnotes. Commissioner Knapp stated she feels that the issue of signage near the interstate would be more appropriately addressed in the zoning ordinance, particularly since the provisions of this .document are advisory in nature. City Manager Wysocki entered into the record a letter from Carl Solvie, GranTree Inn, 1325 North 7th Avenue, dated February 10, suggesting that adoption of these plans would be premature; and a letter from Steven J. Braun, Yellowstone/Glacier Adventures, Inc., dated February 5, emphatically encouraging adoption of this document. Planning Director Epple noted that staff has forwarded six recommended amendments to the hearing draft of the design objective plans; and the Planning Board has recommended adoption of the plans with five of those six amendments. He then suggested that, as a result of the comments received during this public hearing and comments from Commissioners, the Commission may wish to consider adoption of the plans and the five non-controversial amendments, possibly _ChOOSing to address the sixth amendment at a later time. .....~ Commissioner Frost stated that he does not feel that a business with a logo sign should be allowed to have a freeway sign; however, he does not feel that the option for a freeway sign should be eliminated. Commissioner Stiff requested that the public hearing remain open because he has concern about the signage issue. 02-10-92 .--..-.--... -.- -. .-. - ---...--...--.... .-. '. - 18 - Commissioner Vincent stated concurrence with Commissioner Frost's comments. He then suggested the possibility of a survey to determine whether businesses are interested in the logo sign program, particularly at the prices quoted in the Planning staff memo. He further suggested that if there is a consensus that the fees are too high, the City should consider approaching the Legislature about getting those fees reduced. . Commissioner Knapp stated there are too many unknowns at this time for the Commission to act on the proposed amendment pertaining to interstate signage. Mayor Swanson concurred with Commissioner Frost that the interstate signage must be retained, but not for those who are participating in the logo sign program. He also stated an interest in putting as much pressure on the State as possible to ensure that the logo sign program is made a good as possible. Planning Director Epple indicated that before the continued public hearing, staff will attempt to gather additional information on the interstate signage issue. Mayor Swanson continued the public hearing to 3:30 p.m. on Monday, February 24. Planning Director Epple noted this is the last time Mr. Mark Hinshaw will be appearing . before the Commission on this item. He then thanked Mr. Hinshaw for his efforts, noting that the 90-page document reflects Mr. Hinshaw's ability to build consensus in a community. Mr. Hinshaw stated this is one of the most enjoyable projects he has undertaken in his twenty years of practice. He then stated a desire to assist the City in other projects, if given the opportunity to do so. Break - 8:45 to 8:50 D.m. Mayor Swanson declared a break from 8:45 p.m. to 8:50 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion - FYI Items . ( 18) City Manager Wysocki briefly highlighted the contents of the proposed format for the public hearing to be held next week. He noted it is important to remind all parties involved that the Commission has the minutes from the Planning Board meeting, the staff report and substantial written testimony. He suggested, therefore, that the input covered in those documents need not be restated during the Commission's public hearing, but references and summaries will 02-10-92 -..---.---...--. --.-.. --.-..-------.---...-.. .. . - 19 - serve the purpose. Responding to questions raised by the Commission, City Attorney Luwe stated that this proposed format provides for conducting a public hearing which allows for input from interested parties while completing the hearing in a timely manner. He noted that the opposition may elect .0 select a spokesperson; however. he noted additional time must be provided for public comment because an individual may have additional comments or may not support those stated by the spokesperson. He then noted the Commission has the ability to establish a time limit on the various segments of the public hearing. He suggested, however, that even with reasonable time limits, there may be so many wishing to speak that at 10:30 p.m., which is the Commission's desired time of adjournment, there may be several yet wishing to provide testimony. He noted that at that time, the Commission must make a determination on whether it wishes to accept that testimony during next week's session or continue the hearing to another time. The City Attorney then assured the Commissioners that they will not subject themselves to any legal problem by setting time limits on public input, as long as the time limits are fair and equitable, and applied in an even-handed manner. . Commissioner Frost noted the written staff report is very lengthy, suggesting that it be summarized rather reviewed in total. He also suggested that the amount of time for that report could then be reduced. Following discussion, the Commission concurred that the amount of time for the staff report could be set at 45 minutes, with the applicant given one hour, and public comment being limited to not less than three minutes per speaker. They further concurred that a sign-up sheet is necessary; and that it be announced several times that those wishing to speak must sign that sheet. They further concurred that, if the staff determines necessary, they should attempt to relocate the meeting to a larger room, preferably the Community Room at the Library. Wdiournment - 9:15 p.m. ".- There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. 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. 02-10-92 ----.----------...-.."... _. .. 'n'_"...."'.,___..___.__ . " - 20- .ATTEST: (l~ J ~ ROBIN L. SULLIVAN Clerk of the Commission . . 02-10-92 ------ ---.-..........---