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HomeMy WebLinkAbout1991-02-11 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February `,' moT The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 11 1991, at a,m p.m' Present were Mayor Hawks, Commissioner Goehrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk or the Commission Sullivan, The meeting was opened with the Pledge of Allegiance and a moment of silence, Mayor Hawks asked if any of the Commissioners wished any of the Consent items be removed for discussion. City Attorney Becker requested that the public hearing on the znmw map change from R-] to R-3& be removed from the Consent Items for discussion. m/,".f­ Mayor Hawks deferred action on the minutes of the regular meeting of February 4. 1991, for a period of one week, Continued di i deviations to sign code regulations to U a fourth freestandin sign hich exceeds allowable size and an aiditional fascia sign, exceeding allowable square footaqe; per DRB recommendation; with conditions - Conne Toyota, 1735 West Main City Manager Wysocki reminded the Commission that this discussion is continued from last week's meeting. He then noted that included in this week's packet is a memo from the Planning staff dated February 7 1997 offering two possible alternatives to the DRB's recommendations, along with a copy of the staff report which was forwarded to the Design Review Board in preparation for their action on this application. The Qty Manager then showed the Commissioners pictures taken by Clerk of the Commission Sullivan at the Chevrolet car dealership in Fort Collins last week. He noted the aignage allowed at that deal=rship, which handles multiple lines of vehicles, as well as the hedge screening which is provided on site. Commissioner Swanson noted the available option for negotiated redevelopment where deviations are granted if they produce an environment, landscape quality and character which are superior to that produced by existing standards. He then noted some of the reasons for regulating oignage' which include avoiding clutter and the unrestricted prolif- eration of signs. Commissioner Swanson then noted that there is no guarantee on how the remainder of the site will be developed, particularly since no comprehensive site plan has been pre- pared and submitted for consideration. The Commissioner then stated that he is not com- fortab/a with the Design Review Board's recommendation, nor is he comfortable with Option uz-1l-m - 2 - No. l or Option mo. u as submitted in the memo. He stated he feels the Commission is be- ing asked to make a decision with no evidence bofnnc them upon which to make that deci- sion. He them Suggested that the Commission not make a decision until they have the site plan before them on they can make an informed decision. Responding to a suggestion from Mayor Hawks, Commissioner Swanson stated he does not believe any provision for a temporary sign is acceptable. Commissioner Frost stated concurrence with Commissioner Swensvn's position. He stated appreciation for the two options developed by staff, noting particular appreciation for the inclusion of the staff report to the 0RB. He then stated he is not comfortable with approving these requested deviations and signs without knowing what will happen with the remainder of the site. Commissioner Swanson, stated that this type of situation, and approval of this type of application, causes staff some incredible enforcement problems. He noted that this places an unnecessary burden on the staff, when they already have an extremely heavy workload. Commissioner Guohrung asked if the Design Review Board recommendation is their attempt to be more accommodating on aignagr in the entryways, noting that a majority of the wrestling which has taken place involves gas stations and automobile dealerships. He then stated he does not feel that the issue of a pedestrian friendly community is being ad- equately addressed. He then questioned whether the DRG recommendations are an attempt to |eayeo the impact of the zone code as proposed or as adopted on an interim basis or whether the code restrictions are znv strenuous and don't represent the community's best interests. He then asked if anyone has had any contact with members of the DRB to de- termine the rationale for their recommendations. Mayor Hawks stated that in an ideal soosa he agrees with Commissioner 5wansom'n assessment of this situation. He suggested, however, that the interim zoning ordinance does not fully address the concerns and needs of long street frontages; and that can cre- ate complications for automobile dealerships and multiple franchises where separate signs are required for each fine carried. The Mayor then noted that perhaps the interim zoning ordinance is not exactly what the Commission wants it to ha; therefore, each application must be considered on its own needs and practicalities. He expressed concern that this application has been forwarded without a full-blown plan; however, he suggested that some type of middle ground should be sought prior to making a decision. Commissioner Gnehrung asked if there is any middle ground or whether the zone code is too restrictive and needs to be revised. He then stated he is concerned about the credibility of staff and the Commission, noting it appears that some "folks are slipping through the cracks," He noted that consistency and a |nvc| of confidence must be in- 02-11-97 - a - vo|ved in decisions regarding signage and similar issues. City manager Wysocki noted that in July, Connell Chevroirt-Buick-Geo-Toyota was asked to submit a full site plan for the entire situ; and to data that plan has not been uubmitued, He further reminded the Commission that under the deviation process, there are to be trade-offs. He noted that does not mean starting with a zn- or 30-foot sign and working down to ix feet; rather, it means starting with an allowable 8-foot sign and in- creasing tuat height and size through a series of trade-offs and upgrades. He further noted that no other portion or the site has been discussed under this application; and pos- sible issues which could be addressed are revisions to the fascia n/gnage' enhancement or the building, enhancement of the manner In which vehicles are parked and displayed no the site, and possible screening of the display areas. He noted that the pictures from Fort Collins can graphically demonstrate the benefits of such trade-offs. Responding to Commissioner Swanson, the City Manager indicated that the Commis- sion does not have the full site plan before them at this time because staff accepted and a|/owed an incomplete submittal to move through the process. Commissioner Frost expressed concern that the submittal is less complete than it ap- pears because development of the frontage along North 79th Avenue has not yet been ad- dressed. He noted it is apparent that another freestanding sign will be requested for that frontage; and he feels it is imperative that the information on future development of that portion of the site is necessary before a decision can be made on this request for de- viations to the sign coda. The City Manager then informed the Commission that no building permit was secured for the new addition to the east side of the building, which was constructed this past summer, until the Building Official accidentally found the construction and required the acquisition of the necessary permits. Responding to Commissioner Frost, Assistant to the City Manager 8rey stated that staff has researched the sign permits back to 1903 and has found no permits for the signs which currently exist on the subject site. Commissioner Frost then noted that dcmonstrotey the need for a comprehensive list of permitted signs in Bozeman. Mayor Hawks suggested that the problems which arise when dealing with this typo of application are the result of not having any written guidelines in place. He noted that the Commission does not agree with the DRB recommendations because of an honest differ- ence of opinion and philosophy. The City Manager reminded the Commissioners that the DR8 members are appointed by the Commission. He also suggested that through communication with those board mem- bers, the Commissioners could make their interests and philosophies known. 0z-lx-9l - 4 - It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the application for deviations to the sign code regulations, as submitted by CvnmaU Toyuta, be referred back to staff for further review and discussion with the applicant, recognizing the need for submittal of a complete application which addresses the concerns of the Com- mission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gnohrung Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Ordinance No 7321 vacating that portion of Cottonwood Street lying between Block 718 and Block 119 of the Northern Pacific Addition (lying between North Church and North Rouse Avenues) The City Manager presented to the Commission Ordinance No. 1321, as prepared by the City Attorney, entitled: ORDINANCE NO. 1321 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA, VACATING AND ABANDONING THAT PORTION OF COTTON- WOOD STREET LYING BETWEEN BLOCK /|o AND BLOCK 119 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OFBOZEM8N. City Manager Wysocki reminded the Commission that the request for vacation of this subject street was submitted approximately one year ago; and the public hearing on this proposed vacation was held shortly thereafter. He then recommended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. Responding to Mayor Hawks, Director of Public Service Forbes indicated that the delay in adoption of this ordinance is due to the fact that it was necessary to first have easements acceptable to both the adjacent property owners and the City prepared and ex- ecuted. He noted that step has now been completed; therefore, the City can now proceed with finalizing the vacation through adoption of this ordinance. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission provisionally adopt Ordinance Mo. 7321 vacating that portion of Cottonwood Street lying between Block 118 and Block 119 of the Northern Pacific Addition' and that it he brought back in two weeks for ffne| adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sinner Knapp' Commissioner Goehrung and Mayor Hawks; those voting No none. Mid-year budget review; authorize Mayor to sign budget amendments City Manager Wysocki submitted to the Commission a memo from Administrative Ser- vices Director M[ral Gamradt, dated February 7, 1991, setting forth the results of the mid- year budget review. He noted that attached to the memo is a budget amendment prepared o2-1l-9l - 5 - in response to that budget review. Administrative Services Director Camrodt responded to questions about the proposed budget amendments. It was moved by Commissioner Swanson, seconded by Commissioner Knapp that the Commission authorize the Mayor to sign the budget amendments necessary as a result of the mid-year budget review and report. The motion carried by the following 4y= and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner CnchrunS Commissioner Frost and Mayor Hawks; those voting No, none. Di possible i sidewalk program in l ight Safety Committee recommendations The City Manager reminded the Commission that they had requested this item be placed on the agenda. Commissioner Knapp encouraged the Commissioners to defer installation of the side- walk along the south side of Garfield Street. She stated she feels the first priority ,h*w|d be for sidewalks along streets where no sidewalks currently exist; and there is presently a sidewalk e|nnQ the north side of Garfield Street. She also noted that because of the physical features involved, the City will incur n substantial amount of expense in the in- stallation of this sidewalk. Mayor Hawks indicated his interest in delaying this project for one year. He noted that' not only will the City incur costs but the property owners will incur o substantial post for the project. He suggested, therefore, that delaying it for one year will a||w° those property owners to budget for that additional cost, without dramatically compromising the safety of residents. Responding to Commissioner Swanson, Director of Public Service Forbes stated his opinion is reflected in the schedule he has submitted to the Commission. He stated there is a lot of pedestrian traffic from the area serviced by Garfield Street. He recognized that there is a sidewalk along the north side of the street; however, he noted that to use that sidewalk requires many people to cross that roadway twice. Commissioner Swanson suggested that if it is decided to move the Garfield Street sidewalk back a year' another project, such as the South 19th Avenue project should be moved into the current year to maintain the program's integrity. Mayor Hawks noted that timing of the South 19th Avenue project has been d*o to completion of the North iytb Avenue project, suggesting it may not be possible to move it forward. The Director of Public Service stated that he had anticipated the completion of the interchange and North 19th Avenue before extending the improvements to South 19th oz-1l-m^ - s - Avenue. He then reminded the Commission that this proposed sidewalk was not included in the Pedestrian/ Traffic Safety Committee's original recommendation; however, it is now in- cluded in their new recommendation. He then noted that the South 19th project is cur- rently proposed in loo* with the interchange project and connecting roadways scheduled for completion in 1993. He suggested that it remain in 1994 for the time being, recogniz- ing that within the next year or two it may be in the City's interests to move it "p to 1993. Commissioner Frost stated he is not interested in changing any of the lym or ,oyz programs at this time. Mayor He°uv suggested that West Koch street from South 15th Avenue to South 23rd Avenue cnmW be moved into 1991 if Garfield Street is delayed a year. The Director reminded the Commission that sidewalks were installed along the north side of West Koch Street from South 15th Avenue to South 23rd Avenue, with n few ex- ceptions *here the lots were not yet developed, under the 7987 sidewalk program. He noted that sidewalks were not required along the south side or the street at that time be- cause of the amount of undeveloped land along that side; and only three buildings have been constructed since then. Commissioner Swanson suggested that if [u|! street SID is implemented along South Third Avenue, he feels that sidewalks should be installed on hvtm sides of the street. Director of Public Service Forbes concurred, nnt/mQ that when he refers to x fm|| street SID, it automatically includes sidewalks on both y|das as well as curb and gutter and storm drainage in addition to the paving. Mayor Hawks noted that the last time the Director was before the Commission, he expressed reservations about implementing a full street SID for South Third Avenue be- cause of potential conflicts that the City's portion of those costs might have with priority projects. He then asked if that issue has been resolved. The Director responded he has not yet had adequate time to review that issue. Responding to Commissioner Swanson, the Mayor indicated that the West Main/US lgl project is scheduled for 1902 or later. Director of Public Service Forbes stated that sidewalks are to be installed within the city limits as a part of that project. Commissioner Goahrnng asked if the Bozeman Area Bicycle Advisory Board has dis- cussed whether sidewalks ahw"/u be constructed to accommodate bicyclists as well as pe- destrians. Commissioner Swanson responded that the Board has not taken any type of action on this issue; however, their discussions have revolved around getting bicycles off the sidewalks. oz-1l-m - 7 - Mr. Bill Rose, Director of MSU Fac Services, asked what type of University participation might be anticipated in the proposed leez installation of a temporary asphalt walkway along Kagy Boulevard between South 0HUsvn Avenue and South 17th Avenue. He also qooytkmad why the temporary installation, rather than a permanent concrete sidewalk. Mayor Hawks responded that the final four-lane format for Kagy Boulevard is not anticipated until after the year 2000. He then noted the Director has indicated that until the final grade has been determined, it would be extremely difficult to construct a side- walk that would appropriately tie into that project. Na suggested that an asphalt walkway /ms«a|/vd over an adequately prepared base would last the anticipated ten-year span be- tween now and completion or this roadway. M,. Rose noted the timing of this proposed sidewalk schedule is good for the Uni- vcrsity, since it can seek additional monies from the Legislature to cover the costs of these projects around their property. City Manager Wysocki reminded the Commissioners that to this vviwt it has been anticipated that Federal Aid Urban monies would he utilized to construct Kegy Boulevard. He noted however, that the City's buying power until at least 19�94 will be used for the construction of the North 19th Avenue/West Oak Street project; and that the fund must be built up again before the Kagy Boulevard project can be undertaken. He then noted that the future of the program past 1995 in questionable; therefore, that source of monies may not be available. He noted that a special improvement district could be utilized; however, a protest by so percent of the property owners could effectively W|| that option. He also noted that a general obligation uwna is possible for construction of the roadway. He not- ed, however, that in that instance he would recommend that the sidewalks not be installed as a part of the roadway project but that they he installed later under a sidewalk district. The City Manager then asked if the Commissioners wish to make any changes in the sidewalk program as proposed by Director of Public Service Forbes particularly since they have discussed the possibility of moving Garfield Street, South 19th Avenue and West Koch Street. Following a brief discussion, the Commissioners decided to leave the schedule as prepared by the Director of Public Service with any changes to be made after the public hearing has been held. Staff update re status of dog d cat /iceni City Manager Wysocki reminded the Commission that Commissioner Gumhrung had re- quested this /uam be placed on the agenda. The City Manager then reported that as of 3:25 p.m. today, 402 dog licenses and 237 cat licenses have been issued. oz-17-9l - m- Commis,|onor Goohrumg noted that the deadline for renewing dog and ca, licenses without penalty is Friday February lS. He further noted that two years ago when the City had its pct petnn| the number of licenses issued was substantially higher than in the past years; the number of licenses issued last year dropped dramatically; and the number is down considerably again this year. The City Manager noted that the City has run display ads to remind residents of the requirement to license dogs and cats before the February 15 dvad|ino. He then sug- gested it may be bwn*fic/a[ to run the pet patrol again this summer, and possibly every summer until people become accustomed to purchasing those licenses on an annual basis. Authorize Clerk of the Commission to advertise public hearing Interim Zone Code amendments - R to R zone map change, northeast side - for evening of February 25, City Manager Wysocki reminded the Commission that City Attorney Becker had re- quested this item be removed from the Consent Items. City Attorney Becker expressed concern that the procedure proposed under the consent items for a zone map change does not coincide with the procedure outlined in the interim zoning ordinance. He suggested therefore that the proposed process should be revised to fn/|nw the provisions set forth in the interim zoning ordinance, rather than the procedure for revision of the interim zoning ordinance. He noted that this change will re- vise the publication and posting requirements, and will result in a substantially longer process. Commissioner Gu*hruog noted that conversations with those residents in that imme- diate area reveal they wish to implement the zone map change before this building season, to avo,id the possibility of someone attempting to beat the zone change and construct a unit which is not in keeping with the existing character of the area. He them asked if thorn is any mechanism in place for flagging of those applications for that area, so they could 0`mm receive special consideration. The City Attorney responded that if the process is begun immediately, it could be nearly complete by the time the building vpa,00 begins. Mayor Hawks suggested the possibility of instituting a morator�iom on development in this subject area until after the zone map change process has been completed. The City Attorney reminded the Commission that the subject area is currently zoned R-3; and property owners have certain expectations based on that zoning. He suggested that if those expectations are to be taken away' the appropriate steps must be taken. Commissioner Gnohrong expressed concern that Block s/ and Block 52 of the North- ern Pacific Addition are not included in this proposed rezoning, particularly in light of the concerns they have expressed in the past. 0Z-n-v1 - 9 - Mayor Hawks noted that Block 51 and Block 52 are to be zoned as historic mixed use, since neither residential nor light industrial zoning is appropriate for that area. Planning Director Epple asked if this is to be considered a Commission-initiated zone map change. He stated that a discussion with the primary petitioner for this change has revealed that the residents would rather wait for the Dnal znoc code than proceed with a zone map change under the procedure set forth in the interim zoning ordinance. He then advised the Commission that there are probably several hundred property owners involved in the proposed zone map change; and gathering of that data will result in other work projects being "put on hold." He further noted that the application fee is $ssV; however, the Commission could *e/va that foe for itself. Responding to Mayor Hawks the Director indicated it would not be necessary to contact the individual property owners if this proposed change were incorporated into the comprehensive zone code rewrite. Mayor Hawks suggested that this item be referred back to staff, with a recommen- dation on further action to be submitted to the Commission at the appropriate time. [t was moved by Commissioner Knapp' seconded by Commissioner Goehrong that the Commission refer this proposed zone map change from R_3 to R-JA for a portion of the northeast sector to staff for appropriate action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp Commissioner oo*xrong com- missioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Discussion - FYI Items The following "For Your Information" items were distributed to the Commissioners. Febru- ary 5 1e91 concerning the J.C. BU|hn zoning violation. (z) Letter from Leslie Ryhc|s 377 North Broadway, dated February 7 19*1 concerning the Ceoex operation in that area. (3) Letter from Mary W. Gray, dated February 1, 1991, expressing concerns about the proposed sidewalk program. re- garding power planning. (s) Agenda for the Highway Commission meeting to be held on February /s 1991, (6) Copy of the notice that next week's meeting will be held on Tuesday due to the President's Day holiday. (7) Brochure from the Local Government Center announcing the Elected Municipal Officials' Workshop scheduled for March 20-22, 1991. o2_1/-91 _1u_ (8) Copy of the letter from Mayor Hawks, dated February 11, 1991, to the County Commission regarding the Zimmer subdivision proposal. Consent Items City Manager Wysocki presented to the Commission the following Consent items. N ewport Authorize Mayor to sign - authorization for lLX Lightwave to sell stock to opment loan Approval of deviations from side yard setbacks - Cindy Owings residence, 211 Lindley Place (Lindley Place historic district); per DRB rec- ommendation Authorize Clerk of the Commission to advertise public hearing Interi Zone Code amendments - updated DNRC Floodplain _ regulations - Chapter 18.44 - for eveninq of February 25. 1991 it was moved by Commissioner Goehrung, seconded by Commissioner Frost, 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 Goahrmwg Commissioner Frost Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Adjournment - 4;37 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost' seconded by Commissioner Swanson, that the meeting be au- ivurned. The motion carried by the following Aye and Mn vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp' Commissioner Ooehrung and Mayor Hawks; those voting Mu' none. o2-/+ol