HomeMy WebLinkAbout1990-12-10 MinutesMINUTES OF THE MEETING OF THE CITY C0NM|33|ON
BOZEMAN, MONTANA
December `v lyyo
The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, December vo |yeu at s:an p.m. Present were Mayor Hawks
Commissioner GoehrUng, Commissioner Frost, Commissioner Swanson, Commissioner Knapp,
City Manager Wysocki, City Attorney Becker 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 Hawks deferred action on the minutes of the regular meeting of December 3,
1990, for a period of one week,
Decision Planned Unit Development First Security Bank of Bozeman U ion
of drive-in banking facility on Tracts 3A-3, 313-1, 3B-2 and Tract 4, Minor Subdivision
No. 28 and Tract A of Tract 2, COS 309 (670 South 19th Avenue)
This was the time and place set for the decision on the Planned Unit Development
requested by First Security Bank of Bozeman to allow construction of o drive-in banking
facility on Tracts 3A-3 3B-l 313-2 and Tract 4 Minor Subdivision No. zO and Tract A or
Tract z, Certificate of Survey No, 309. The subject site is more commonly described as
being located at 670 South 18th Avenue.
City Manager Wysocki submitted to the Commission proposed revisions to the site
plan along with a memo from the Planning staff suggesting two new conditions and revi-
sions to one of the conditions recommended by the City-County Planning Board. He them
reviewed the proposed revisions to the site plan, wup» include relocating the aiuowa|b
next to the building five feet to the west, thus providing space for a five-foot vegetative
strip between the sidewalk and the west side of the building. He noted the proposed re-
visions also include removing the two end parking stalls along the west side of the build-
ing' with those parking stalls being converted to a landscaped area with mature vegeta-
tion. He also noted that along the western boundary running northward from the north
side of the driveway there is adequate space to install another ten feat of landscaping,
thus reducing the amount of paving in that immediate area without compromising the space
required for on-site traffic circulation. The Qty Manager then stated that he has dis-
cussed those proposed site plan revisions with Mr. Crabow architect representing the ap-
plicant; and he has indicated a willingness to accept these changes.
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The City Manager them asked if the Commission wishes to retain the proposed land-
scaped strip between the building and the sidewalk; it was the general consensus of the
Commission that the landscaped strip should be included in the site plan.
Associate Planner Dave Skelton stated that the concerns expressed by the Design
Review Board and the City-County Planning Board regarding the amount of off-street
parking revolved around the "sea of asphalt." He noted that the proposed 48 narking
spaces are broken up into different areas no the site, and those areas are generally buf-
fered from the streets. The Associate Planner then noted that under the proposed re-
visions to the site plan, the number of parking spaces would be reduced to 46 including
44 regular stalls and z handicapped stalls.
Responding to Commissioner Frost the City Manager stated that the parking along
the west side or the building is to be for customers and service vehicles. He also dis-
couraged removal of that section of the proposed parking, noting that the customers
should be provided easy access, to the facility.
Commissioner Frost stated his interest in eliminating a view of the parking areas
fro�m South 19uh 8venuo, He Then suggested, as an alternative, planting of a 3-foot
cntoneasuar hedge along the South 19th Avenue frontage, and possibly some hvrmiog. He
suggested that those items could be installed some distance bark from South 19th Avenue,
closer to the parking /mt if that is determined desirable. He noted that the building and
its orientation are not objectionable; therefore, some low screening to buffer the parking
lot and cars are all that is necessary.
Responding to Commissioner Swanson, Commissioner Frost stated his proposed re-
vision to the site plan would essentially replace Condition Mo. 70 as recommended by the
City-County Planning Board.
Responding to Commissioner Swanson, Planner 5k*|mn reviewed the two new
proposed conditions for approval.
Mayor Hawks asked if the applicant is wU:ing to accept the conditions for approval
of this application, as discussed by the Commission.
Mr. Bill Grabvw architect representing First Security Bank of Bozeman indicated
the applicant has no problem with the recommended conditions for approval.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission approve the Planned Unit Development requested by First Security Bank or
Bozeman to allow construction of o drive-in banking facility on Tracts 3A-3 3B-7 38-2
and Tract v Minor Subdivision No. 28 and Tract A of Tract n Certificate of Survey No,
000 subject to the following conditions:
1. That the applicant provide documentation of a waiver of right to pro-
test creation of an S.i,o, for improvements to South 19tb Avenue,
for sidewalk and one-half of a local street standard prior to final
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site plan approval;
That the applicant provide documentation of a waiver of right to pro-
test creation of an S.I.D. for signa|ization improvements at the inter-
section or South 19th Avenue and West College Street, for a percent
of the total costs based upon the additional traffic impacts Venerated
by the drive-in banking facility, prior to final site plan approval.
Actual vehicle trip counts will be made prior to the creation of the
S./.D.' and the percent of coats will be based upon a proportionate
share of the actual trips;
That sidewalks be constructed along the subject property's West
Dickerson Street frontage to City standards and that it he noted on
the site plan prior to final site plan approval;
u. That one or the sidewalks adjacent to the off-street parking lot be
extended north to the sidewalk along West Dickerson Street and that
it be noted on the site plan prior to final site plan approval;
5. That all storm drainage and culvert sizing calculations shall be sub-
mitted to and approved by the City Engineering Office prior to final
site plan approval;
s. That site grading and surface storm drainage plans be submitted to
the Qty Engineering Office for review and approval prior to final site
plan approval;.
7. That all storm water surface drainage be retained and appropriately
treated on the subject property;
n. That the applicant obtain an approach permit from the City Engineer-
ing Office for the curb cut on West Dickerson Street prior to final
site plan approval;
9' That the applicant obtain an approach permit for access off South
19th Avenue from the Montana Department of Highways prior to final
site plan approval;
lU. That the number of off-street parking spaces be reduced from 48 to
46 parking spaces, and that additional landscaping be provided in the
two parking spaces eliminated as well as between the building and
sidewalk, and that some combination of a three-foot hedge and
bonnimg be provided between the parking lot and South 19th A°anoa
on screen the view of asphalt and cars from the roadway, with those
plans subject to review and approval by the Planning Director prior
to fmo| p/o/ approval;
11 ^ That the applicant provide documentation of an access easement from
the Farmer's Canal Corporation granting access from South 19th Ave-
nue to the subject property prior to final site plan approval;
12^ That any modifications to the cnnditional use permit to construct o
drive-in banking facility, including any proposal for a branch bank-
ing facility at this location, be considered a ma/or modification, and
that said major modification be reviewed through the public hearing
process prior to issuance of a building permit/
13. That any proposed improvements to the Farmer's Canal right-of-way
for landscaping, turning bays' decc| lanes, etc.' be reviewed by the
Design Review Board prior to the construction of any improvements,
and further that said improvements be approved, in writing, by the
Farmer's Canal Corporation;
14. That three cvp|co of the final site plan, containing all of the condi-
tions, corrections and modifications approved by the City Commission,
shall be bmitted for i and approval by the Planning Director
within six months of the date of City Commission approval. One
signed copy shall be retained by the Planning Department, one signed
copy shall be retained by the Building Department and one signed
copy shall be retained by the applicant;
ls, That if improvements are not installed prior to final site plan ap-
proval, the applicant shall enter into an improvements agreement with
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the City. Detailed coot estimates, construction plane and methods of
security shall be made part of that agreement;
16. That a building permit must be obtained within one year of final site
plan approval. Building permits will not be issued until final site
plan approval by the Planning Director; and
17. That if occupancy of the structure or commencement of the use is to
occur prior to the installation of improvements the improvements
agreement must be secured by m method of security equal to one and
one-half times the amount of the estimated cost of the scheduled im-
provements not yet installed. Said method' of security shall be valid
for m period of not less than twelve months, however, all on-site im-
provements shall be completed by the applicant within nine months of
occupancy to avoid default on the method of security.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Qnehrung and Mayor
Hawks; those voting No, none.
Exit conference for audit for Fiscal Year 1990 Peat Marwick Main and Com
City Manager Wysocki introduced Mr. John Hedge, Peat Marwick main and Company,
who submitted the firm's audit of the City's financial records for the fiscal year ended
June 30 1990.
Mr. John Hodge senior partner on the audit introduced Mr. Bruce Knudsen, se-
nior auditor on the audit to the Commissioners. He then provided a brief overview of
their findings. He noted that the City has received a "clean opinion" on its financial
statements for the fiscal year ended June 30 1990; and the largo document prepared re-
flects that opinion. He noted that the City has received the Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association for
several consecutive ynars, noting that is a feather in the cap of a community this size.
Mr- Hedge noted that the City's Finance Department has an extensive amount of ex-
pertise for its size with Controller Peg Biekart being a Certified Public Accountant as well
as one of th,o GFOA's qualified reviewers of reports for certificates of achievement. He
then stated that the City's receipt of the certificate on a regular basis can help the City
in its efforts to finance projects through the issuance of bonds because it can positively
affect the rating on those bonds.
Mr. Hedge then highlighted the letter to the Audit Committee, which addresses in-
ternal controls within the City's structure. He indicated that the auditors found no mate-
rial weaknesses in internal control, and characterized those comments as "housekeeping" in
nature.
Mr. Hedge stated that he and Mr' Knudsen met with the Audit Committee earlier
this afternoon and reviewed this audit report in much greater detail than is provided in
this brief overview.
Commissioner Swanson stated it is important to note that the letter to the Audit
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Cvmmitum reports that all previous year recommendations have been appropriately ad-
dressed. He noted this is a strong reflection of the Finance Department's willingness to
address problems.
Mayor Hawks forwarded the Audit Committee's recommendation that the Commission
acknowledge receipt of and accept the report as submitted.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission accept the Audit Committee's recommendation and acknowledge receipt and ac-
cept the Comprehensive Annual Financial Report for the fiscal year ended June ao 1990
as prepared by Peat Marwick Maim and Company. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Com-
missioner Gnehrung Commissioner Frost and Mayor Hawks; those voting No. none.
City Manager Wysocki suggested that the Commission recognize the efforts of the
Finance Department employees in obtaining this good report/ Mayor Hawks concurred.
Staff update re sidewalk recommendations
The City Manager reminded the Commission that this item was requested by Commis-
sioner Frost.
Director of Public 5er,|oo PhiQ Forbes stated that the recommendations he has pre-
pared for Commission consideration are bared on the list of priorities as prepared by the
Pedestrian/ Traffic Safety Committee and a comparison of those priorities with the recent-
ly-adopted sidewalk policy.
The Director stated that his recommendations for prioritization revolve around the
two new *|*m*omry schools. He noted that on that basis, he would forword the PT3C
recommendations of South Third Avenue from West Grant Street to West Graf Street and
West Arnold Street from South ]rd Avenue to South 7th Avenue as the "backbone" or
''ske|utep sidewalk system for the "south" school. He also forwarded the recommendation
of Dvrston Road from North 18th Avenue to North 22nd Avenue as the "skeletal" sidewalk
system for the "north" school. He noted that to "flesh out" this sidewalk system, insro/|a-
t/om o,f sidewalks in those subdivisions which will generate a majority of the pedestrians for
those schools in necessary; and he identified those as being Figgins Addition for the
"south" school and West Perk Manor Nos. l z and a for the "north" school.
The Director stated that a review of the condition of existing sidewalks in the com-
munity suggests that the southeast area, identified as lying south of Main Street and east
of South Willson Avenue, should be targeted for repair program.
Director of Public Service Forbes suggcoted that another area where installation of
sidewalks should be considered is along West Garfield Street from South Willson Avenue to
South Black Avenue. He cautioned the Commission that there are some very difficult
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problems to overcome in the construction of this sidewalk.
The Director of Public Service stated that last week, he received a set of con-
struction plans for the sidewalk along South 3rd Avenue, as prepared by Thomas, Dean
and Hoskins as a condition of approval for Westfield Subdivision, Phase ||. He noted that
the cost estimate for construction of that sidewalk is *97'000' which does not include a
portion of the right-of-way which must yet be acquired.
The Director then stated that given the amount of work contained in the priorities
set forth above and the costs involved, he feels that this outline is for a "pretty ambi-
tious" summer's project for the City to oversee.
Mayor Hawks noted it is important that staff prioritize the remainder of the PTSC
recommendations, asking when that prioritization would be completed.
The Director stated that, although hm has balanced the entire list of PTSC prior-
itized sidewalks against the sidewalk policy, he has not adequately addressed the issues of
vegetation in the standard sidewalk right-of-way or the impacts to individual properties.
He then indicated that he should be prepared to adequately address the issue on or
around January 7 19
Mayor Hawks stated he recognizes the importance of the projects which the Director
has listed. He noted, however that the issue of sidewalks along North 7th Avenue has
been discussed for each of the past three years or so/ but it appears that it is not yet
ready to be addressed.
Director of Public Service Forbes stated it is important to recognize that the pro-
gram schedule must reflect those issues over which the City has control. He also noted
that City staff must oversee the sidewalk program which is implemented each year; and he
does not wish to establish a program so large it cannot be adequately contro||md.
Responding to Commissioner Swanson the Director indicated that 0000 the Commis-
sion has endorsed a proposed sidewalk program for next summer staff will proceed
through the necessary steps to order installation of those sidewalks, and bring the appro-
priate documents to the Commission for action. He noted that official notifications can then
be mailed to those parties involved, uv they have an opportunity to budget for the im-
pending costs. V* further noted that individuals will be given a specified period in which
to install their own sidewalks, after which the City will contract for installation of the re-
mainder.
Responding to Commissioner Frost, the Director estimated the cost of initial courte-
sy notices at 50 to 75 cents each.
Mayor Hawks suggestcd that notification via the media would be less costly, yet
provide initial information to those who may be involved in the upcoming program.
Responding to a question from the Mayor, the Director of Public Service indicated
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that the right-of-way yet to be acquired along South 3rd Avenue does not contain any
vegetation or obstructions that would create problems with installation or the sidewalk i
its standard position.
City Manager Wysocki asked if the Commission concurs with staff proceeding with
the sidewalk program for lyo/ as outlined.
Mayor Hawks stated he needs additional time to review the list of prioritized side-
walks as prepared by the Pedestrian/Traffic Safety Committce. He also noted that he feels
reference points on the costs involved are needed before the Commission can make an in-
formed decision.
Responding to Commissioner Swanson, the Director stated he is comfortable with the
sidewalk program he has outlined. He stated he does feel it is amb,itinus; however he
feels staff can adequately address it.
Mayor Hawks requested that additional information on the program be included in
next week's packet, so the Commission can make e more informed decision.
Staff update re status of plans for Sculpture Park
City Manager Wysocki reminded the Commission that this item was requested by
Mayor Hawks.
Director of Public Service PhiO Forbes briefly highlighted the meeting held in early
November which was attended by representatives of the Beautification Committee, City
staff, Mayor Hawks residents of the area along North 8th Avenue and Dar/go/d. He then
distributed to the Commission a map showing the proposed location for parking and a nnrh
cut for the Sculpture Pork project. He noted that Phase ( of the parking improvements
would provide parking along the frontage rood right-of-war in front of the Yellowstone
Basin Properties building, with Phase 11 parking to be constructed along the north line of
the Sculpture Park property. He indicated that the parking areas oo"/u be used for visi-
tors to the Sculpture Park as well as for clients of the Yellowstone Basin Properties.
The Director stated that conversations with the State Highway Department indicate
that they will issue a permit for the approach to the subject site noting that curb cut
should be installed so that it is fined up with the future parking area.
Director of Public Service Forbes stated that one unanswered question to date is
how paving of the ex/sting frontage road will be funded, as the Phase | parking improve-
ments for this park.
Mayor Hawks noted that he had attended the early November mrwt|n8 where he
feels that many concerns of the neighborhood were addressed with the assurance that
self-contained parking will be providmd. He them noted that the Chamber of Commerce was
invited, but not in attendance at that meeting.
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Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce,
asked who will pay for the curb cut.
The Director responded that is one of the questions yet to be answered, noting the
park-
ing along North 7th Avenue; hmmmvur a review or life safety issues revealed that
off-street parking is a much better option.
The Director stated that, even though he does not have the curb cut permit from
the State in hand he feels this issue can be referred back to the Beautification Committee
with the assurance that n permit will be forthcoming upon City application.
Responding to Commissioner Swanson, the Mayor indicated that funding of the costs
of the curb cut is one of the items to be addressed by the Beautification Committee.
Ms. Darla Joyner reminded the Commission that funding for the installation of side-
walks is another item which needs to be resolved.
Staff update re status of zone code Assistant to the City Manager B rey
The City Manager reminded the Commission that this is the first of the bi-weekly
staff updates to be provided throughout the process of finalizing the zone code.
Assistant to the City Manager Brey briefly updated the Commission on the status of
this proceos. He indicated that he and Planning Director Erp/e have continued their sys-
tematic review of the code, briefly highlighting the areas which they have covered to date.
Assistant to the City Manager Ron orey then submitted to the Commission the fol-
lowing list of questions to which answers are needed so he and Planning Director Epp|e
can appropriately address those issues in the finalized zone code. He noted these
questions have been drafted with sufficient information to ensure that the Commissioners
understand them and provide the needed direction. The Assistant reminded the Commis-
sion that it is important that they provide a majority resp^ns*, rather than five different
responses so that staff can prepare u final document which will be acceptable to a majority
of the Commission rather than a document which requires substantial revision before it can
be accepted.
Mayor Hawks noted that both he and Commissioner Frost have spent a considerable
amount of time preparing responses to these questions. He then suggested that they pro-
vide that input with the other Commissioners adding their comments to each question.
1. Neighborhood Conservation District review procedures should he' a)
eliminated; b} modified (see attached memo from Paul Qaye to Andy
Epple dated July as 1990); or c) made uniform with Historic Preser-
vation District procedures.
Commissioner Frost stated he would support making the provisions of the neighbor-
hood conservation district uniform with those in the historic preservation district. He
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rioted that this pr"cews pmts neighbors on notice when someone plans to do something to a
home within that area. He also stated that he ha*|a the fee being charged is appropriate,
noting that be feels many of the fees being charged for other types of applications are
much too /ow.
Mayor Hawks noted that peer pressure from neighbors in these districts could help
to ensure the integrity of those areas. He then suggested that a report on the uppfica-
tions which have been considered under this program would be beneficial.
Commissioner Knapp stated she feels Mr. O|ay= made some good arguments for modi-
fication of r=n structure. She noted that review within the neighborhood conservation dis-
tricts is strictly advisory; and a $*o fee for such advi5ory review on a project seems ex-
tremely high.
Mayor Hawks noted that the applicant receives a sketch review from a group with
good architectural expertise; and the resulting proposed changes could provide a benefit
much greater than the $40 fee. He also noted that Mr. W*ye's letter is dated July zs
1990/ and he would be interested in knowing Mr. G/eye's feelings now that it's six months
Yauar,
Commissioner Frost stated he attended a DRB meeting at which this letter, among
other issues, were discussed. He noted that while the Board accepted some of Mr. G|eyo's
points, they accepted others in e varied form. He then reiterated his position that the
neighborhood conservation district provisions should be the same as those for the historic
preservation districte. Be noted that this will help to ensure that the investment which
people make in their homes is protected; and they will be more willing to make desired im-
provements.
Responding to Commissioner Swanson, the Planning Director stated that most people
are going through the process, often grumbling as they do so. He noted that the Plan-
ning office usually does not hear from those people after they have completed their proj-
ects. He then indicated that several fence projects have been among those completed un-
der this review process.
Commissioner Swanson noted that m $vo fee for a $znu project is an extremely high
percentage.
The Planning Director noted that complaints about fees often come from those who
are retired or on fixed incomes as well as those doing very modest projects with salvaged
materials. He noted that probably six to eight of the several dozen projects completed to
date fall in that category; and the $40 fee is a very high percentage of the total costs.
He noted, however, that on the larger projects, the $40 fee does not seem to be an issue.
Responding to the City Manager Mayor Hawks noted that the purpose of the f** is
to cover the costs of reviewing the proposed project.
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Commissioner C"ehrung suggasted that a random sampling be done from those appli-
cations in the neighborhood conservation districts, telephone calls to be made to possibly
five of those individuals to sae what type of response is given. He then stated he is not
in favor of the program as it stands and wants to see changes of some cype. He also ex-
pressed concern that some property owners within these districts are unable to financially
support completing all desired projects at once; therefore, they do the projects one step at
a time. He noted that this piecmmee|ing of work could result in multiple applications ac-
companied by multiple $40 fees which only compounds the problem. The Commissioner also
questioned the advisability of making the provisions of this section of the code uniform
with those for the historic preservation districts.
z. DRB procedures should be: a) eliminated and replaced with a de-
sign-trained staff person; b> revised (sae attached memo from Paul
G|eye to the DRB dated October 24 1990); or c) combined with DRC
into a single reviewing bndy. Discuseinny should address the appro-
priate staff responsibilities, v.8.^ contracted review services, the
role of design-trained staff the role of the preservation officer and
the addition of professional engineer to the DR8.
Mayor Hawks stated support for retaining the 7-member DRB noting that their
varied professional backgrounds provide a level of expertise which would not be available
through one staff person. He suggested that if at some time in the future the number of
professionals willing to serve on the DR0 is not adequate, utilization of a trained staff
person could serve as a fall-back position.
The Mayor then stated that crvss-gormination between the DRC and the DRa has
been discussed in the past' He noted that he feels that the current design person on
staff cou|d serve to carry information and concerns between those two uuui,s thus allow-
ing them to remain separate and distinct. He also noted that the design review guidelines
should be implemented as quickly as possible so that everyone is operating under the same
concepts.
The City Manager reminded the Commission that the new planning staff member was
hired to replace Assistant Bnoy; and that individual, although he has a design back-
ground, was hired for day-to-day planning activities.
Mayor Hawks stated he feels his proposal would work wvU and provide a good
learning experience for the staff member. He also sugg*sted that to have a design review
person involved with the DRC would help that body to consider design-related issues as
well as the technical issums.
Assistant to the City Manager Brey stated that the members of the various bodies
involved seem uncertain about the overlapping that seems to evolve from their reviews.
He also noted they have questioned whether the Commission wishes to receive differing
recommendations from those advisory bodies or whether they would prefer creation of a
conference committee, comprised or members from each of the unui,s to develop one
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recommendation acceptable to both bouies. He then reminded the Commission that the De-
velopment Review Committee addresses the application from m technical perspective, and
has no ability to consider deviations from those requirements; while the Design Review
Board addresses the application from a design perspective, and does have some latitude for
recommending deviations.
Mayor Hawk, stated he feels a conference committee is not necessary. He noted
that the Commission must make the final decision utilizing the recommendations and input
from the advisory hudi*a even if that input is contradictory.
Commissioner Frost stated support for Mayor Hawks' position, He then noted that
he does not feel it is necessary for the DRC and the DRB to agree all of the time.
Planning Director Eppie stated that when an application comes into the Planning of-
fice, it is assigned to one staff person who then follows it through the enure process.
Assistant Brey indicated this question was raised in an effort to determine whether
coordination could be achieved with one meetimg white maintaining the same benefits to the
project that now exist with the separate reviews.
Commissioner Couhrvng noted that under the *!d zone cnde, the same problems were
sometimes incurred when an application was reviewed by both the Zoning Commission and
the City-County Planning Board. He then asked if the conflicts are arising because the
oRC and the DHB are reviewing each other's areas, and whether one joint meeting would
resolve any of those differences.
Planning Director Epp/e stated that m combined meeting could result in a vary large
body, which may not operate efficiently. He suggested that separate meetings are more
eff(dent, particularly since their reviews are based on different views and criteria.
Mayor Hawks noted the DRB has discussed revamping its process so that informal
reviews are conducted one weak and (ormvl actions token the next.
Planning Director Epp|e stated a careful review of the existing code is needed to
determine if that is possible, or if forma/ action is necessary every week to meet the
code's requirements.
City Manager Wysocki reminded the Commission that when revision of the zone code
was first begun, it was based no the premise that the process would be more streamlined
and the costs possibly deoncw,*d. He then suggested that, based on that premise it may
be beneficial to complete the conceptual design review process first based on a pencil
sketch, to determine the potential apprnvabi|ity of the project. He further noted that this
process could possibly help to eliminate DRR consideration of some of the technical
elements of the project.
Mayor Hawks suggested that the Commission possibly provide an up-front conceptual
review to determine whether a project belongs in a location before the project enters the
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prorcss.
Assistant to the City Manager Run Brey stated that process has been provided for
planned unit developments, to determine if n use outside the subject district can possibly
be approved before it enters the technical review process. He then noted that it is ex-
tremely important during such p conceptual review to make it perfectly clear that concep-
tual approval does not in any way imply project approval,
Planning Director Epp|o stated that at the present time, DRC approves minor site
plans. For major site plans, DRC makes its recommendation to the City-County Planning
Board. He noted that the DRC meets on Tuesday mornings; the onB meets on Tuesday
afternoons; and the Planning Board meats on Tuesday evenings. He then stated that dur-
ing the two-week review period, staff tries to make the DRC aware of any QR8 concerns;
however, there are times the DRe takes an action different from that anticipated by staff.
The City Manager suggested that one joint meeting of the DRC and the DR6 during
the review process could be beneficial, with each body making its own decision at the ap-
propriate tima.
Director of Public Service Forbes stated that the DRC and the DRG do riot operate
under the same sorts of criteria; therefore, such a review could be difficult.
Planning Director EpP|r concurred noting the one addresses the issue from a pub-
lic boa/tb safety and welfare standpoint, while the other body reviews it from a design
perspective.
Commissioner Swanson stated he is not sure that the Commission table is the appro-
priate place to sort out conflicting messages from the Planning staff DRC DR8 and Plan-
ning Board, noting the expertise lies in those bodies.
Mr. Scott Hack noted that the minor site plan review under the wN cvu* was done
at the staff |ewa| and was accomplished in two to three days. He noted that under the
new code it takes more than a month to complete the process. He further noted that the
only change made in his plan was the number and types of trees to be planted. Mr. Reck
noted that this is nn/ a criticism of the now program, however, it does reflect the changes
which have occurred in this "streamlined" process.
Mr. Hock noted that under the old code, if n structure was occupied prior to com-
pletion: of all of the improvements, the applicant was required to post a letter of credit
with the City. He noted that if the improvements have not been made and if the City has
not enforced its ability to mandate those improvements, that is an internal problem that
should be addressed within the system and not through a major code revision.
Mayor Hawks noted that the minor site plan review has been expanded to include
public review, which he feels is necessary to avoid some apprnvob/e-but_not-de*irab|e
projects from being approved without adequate consideration for neighborhood impacts.
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3. Similar procedural revisions to those described in Item #z should be
considered for the DRC. Increased coordination or staff has been ac-
complished particularly in regard to minor site plan review, but at
the cost of significant amounts of staff time. On matters which pro-
ceed to the p|ennh`g Board or City Commission, the process accom-
plishes little beyond what the previous referral process (with plan-
ning staff and board coordination of recommendations) accomplished.
The Commission did not discuss this item.
u. Expand the role of the DRB by establishing a mini-PDD process which
would provide a design review option for projects located outside the
overlay districts. If this approach is pursued, there would be a
substantial impact on the workload of the DRB which must he con-
sidered in conjunction with any other procedural revisions,
The Commission did not discuss this item.
s. Coordination of uR8 and nRC recommendations should he improved.
Procedures for addressing areas of overlapping concern should be
clearly specified. One suggested approach would a) describe distinct
areas of responsibility for each body; and b] coordinate the review
procedures of the two bodies by providing for a conference committee
to resolve issues when conflict arises. If resolution is not accom-
plished, the Commission is presented with a committee report which
describes both technical and design considerations with sufficient de-
tail to assure an informed decision.
The Commission did not discuss this item.
DRB has proposed qualitative and quantitative revisions which in-
crease landscaping standards. Projects which propose greater-than-
standard sign size, number and height will not be so readily able to
provide effective additional landscaping as part of the design pack-
age. Trade offs between landscaping and yignege would no longer be
a significant consideration in the review of deviations. Individual cle-
sign elements would continue to be considered as port of an integrat-
ed site plan.
Applications proposing deviations or using the proposed mini-PuD re-
view described in Item #o above will, therefore, be reviewed against
/mss measurable design considerations. If these revisions are pur-
sued the City Commission should determine: a) whether standards
should continue to provide a base reference point as deviations or de-
sign elements of pUo's are considered; and b] how to boat develop,
with the assistance of the DRB, design guidelines which provide a
reference for design review and describe a general degree of allow-
able flexibility without mandating design elements.
The Commission did not discuss this item.
Overlay considerations and land use designations should both be ref-
erenced in design review of projects (e.g.' the Billion proposal was
required to address both the entryway considerations on West Main
and location within a residential land use designation).
The Commission did not discuss this item.
V. Entryway procedures should parallel Historic Preservation procedures
to the extent practicable. This might include: a) the issuance of
Certificates of Appropriateness; h) the provision of more detailed cri-
teria for approval of deviations (oom Item #6 above); and c) the de-
scription of design review provisions as they apply to proposal which
adhere to standards.
The Commission did not discuss this item.
9. The pros and cons of the "substantial weight" provision in Section
18.43'040 of the code have been discussed at various times. The
Commission and the DRB should become comfortable with the intent of
the provision or develop alternate language. A resolved provision
should be added to Chapter 18.42.
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Mayor Hawks stated it is important that the 0RU recommendation is weighted so that
it has as much impact as other review processes. He /hco stated that while he does not
wish to set the Commission up for m |mya| challenge when it makes a decision which is con-
trary to the D recommendation, he is interested in ensuring that the full review pro-
cess is adequately supported in the appropriate manner. He noted it is important that
both the DRB and the DRC recommendations are considered in tandem as well as the Plan-
ning Board's actions when making the final decision.
18. Further consideration of a two track (fast track or design review)
system may be needed. The role of the public in DRC and DRB re-
views is a major consideration in any fast track approach.
The Commission did not discuss this item.
Assistant to the City Manager Ron arey reminded the Commission that each of these
questions must be answered with a majority response so that he and Planning Director
Epp/q can proceed with the appropriate revisions to two zone cuur.
Commissioner Knapp mvtum that when this process was first begun, the term men-
tioned over and over was "streamlined process" which would save time and a||m« people to
obtain building permits in a more timely manner. She noted that what the Commission is
hearing is that the process is not working, and asked why not. She stated that the City
needs to beck off and look at what is really happening and why the present code is not
working rather than trying to fix something that is not workable. The Commissioner then
stated an interest in seeing this review process simplified.
Commissioner Frost stated he feels the new code is working, stating he feels that
this document is a stop in the right direction.
Mayor Banks stated optimism for the process, noting that public involvement does
s|mv the streamlined process.
The Mayor than requested that this item he placed on next week's agenda for fur-
ther discussion.
Continued discussion - hiring of urban design review person in Planning Department
Mayor Hawks suggested that all possible discussion on this agenda item was covered
under the above agenda item. He then requested that it be placed on next week's agenda
for additional discuss/pm.
Planning Director Epp|a stated that at its meeting tomorrow, the DRS will review
alternatives for hiring of an urban design review person. He suggested that some written
suggestions from that body may assist the Commission in its discussion at mu*t week's
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Discussion - FYI |,omo
City Manager Wysocki presented to the Commission the following "For Your informa-
tion" items.
(7) Agenda for the Highway Commission meeting to be held on Thursday Decem-
ber 20 7990.
(2) Memo from Assistant Planner Debbie Arke|i dated December o /yyo indicat-
ing the County Commission's action on the amendments to the Bozeman Area Subdivision
RogulaUons, as approved by the City Commission and listing additional proposed amend-
ments to that document.
(») Copy of the notice placed in the newspaper listing vacancies on the various
hoards and commissions due to term expirations.
(o) Cory of the notice to be placed in the newspaper regarding the City Com-
mission meeting schedule, which includes no meeting on December 2'4 and a 1'30 p.m.
meeting on December 31.
The Commissioners acknowledged their previous formal action on this item and di-
rected the Clerk to publish this notice as prepared.
(S) Memo from Mary Vant Hu/| which she has requested that the Commissioners
review prior to their 5:30 meeting with the legislators.
(v) Copy of a |*/tor from Gerard E. Barry to Administrative Services Director
Gamradt dated December 5 1990 thanking him for his assistance during the r°c,o/ auc-
tion sale.
(7) Notice of the Chamber of Commerce annual Christmas upon house to he held
from o:oU p.m. to 7:00 p.m. on Thursday December 13.
(o) Notice of the Chamber of Commerce Governmental Affairs Committee meeting
to be held at 7:30 a.m. on Thursday December 13, at the Baxter Hotel.
(9) Notice of the Chamber or Commerce breakfast with local legislators, to be
held at 7:30 a.m. on Thursday, December zo, at the Holiday (on.
(70) The City Manager submitted his weekly report, as follows. (/) Director of
Public Service Forbes met with an appraiser from the Highway Department last week to
discuss acquisition of right-of-way for the extension of Kagy Boulevard from South 11th
Avenue to South 19th Avenue. (z) Reminder of the meeting at 5:80 p,m' tonight which
will include kma| legislators, members of the Commission's round table and Alec Hansen,
Executive Director of the Montana League of Cities and Towns. []) The initial fact finding
session with the BPPA has been sat for January 14 1991. In the meantime, staff contin-
ues to work on gathering information for that hearing. (4) Reviewed the audit report in
anticipation of today's meeting. (5) Will attend the MM|A Board meeting on Friday in
Helena. (o) Suggested that the Commission plan an evening work session at next week's
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meeting to meet with representatives from Montana State University to discuss parking'
lighting and buildings on the campus.
rep-
resentatives of the legislative bodies in Helena today regarding solid waste legislative is-
sues. (2) Met with the ad hoc recycling committee on Thursday evening. He noted that
the committer will meet regularly on the second and fourth Mondays of each month, s*
their schedule will coordinate with the Commission's evening sessions.
(12) Commissioner Frost submitted the following. (1) Attended the Planning
Board meeting on Tuesday evening. He noted that Ray White talked about the moratorium
that the County Commission imposed around the southeast sector of the community du* to
the lack of a transportation system. He noted that reference was also made to the srrs
charged to developers versus the actual costs involved, citing Riverside as an example,
where the fees charged totalled $zzs while the costs totalled $1 He suggested that
those fees be reviewed and revised en that the developers, rather than the taxpayers,
bear most of the costs. (2) Attended a meeting of the POST Committee on Thursday not-
ing they are concerned about a potential buyer for the ridge. (3) Attended a presentation
by the M5U Plant and Soil Science Department about Sourdough Ridge on Thursday night.
(13) Commissioner Swanson stated he also attended the ridge meeting on Thursday
night, He noted that most people view the blue water tank against a green, gray or
brown background, suggesting that the tank should possibly be repainted.
(14) Commissioner Knapp submitted the following. (1) Announced she will he ab-
sent from the meeting of January 7 7997 d"* to attendance at the Governor's Conference
on Libraries. (2) Attended the final meeting of the task force on aging this morning not-
ing a final report is now to be submitted to the County Commissioners. (») Attended a
meeting on the performing arcs center, where possible siting of the facility was discussed.
(4) Has uecm asked by the Area Four agencies on aging for City co-sponsorship of a fo-
rum on aging to he held in Bozeman on March 13. She noted that this co-sponsorship
would not nutnmatica||y result in a financial commitment by the City.
(/s) Mayor Hawks submitted the following. (l) Announced he wilt be absent from
the meeting of January 14 1991. (2) Attended the Board of Health meeting on Tuesday
morning, (z) Attended the Sourdough Ridge presentation on Thursday evening.
"----~ `^---
City Manager Wysocki presented to the Commission the following Consent Items,
Commission Resolution No. 2821 - declaring annual and semi-amnua[ special
assessments due and payable November 30 meo and unpaid as of
that date, delinquent and certifying same to Gallatin County Treas-
urer for collection
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COMMISSION RESOLUTION NO. 2821
A RESOLUTION OF THE COMMISSION OF THE CITY OF B0Z2MAN
MONTANA DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT
INSTALLMENTS DUE AND PAYABLE NOVEMBER an 1o90. AND UNPAID AS
0F THAT DATE, DELINQUENT, AS PROVIDED BY CHAPTERS 2,32 AND 3.04
OF THE B0ZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF
FINANCE TO CERTIFY THE SAME TO THE CALL8T|N COUNTY TREASURER
FOR COLLECTION.
Award hid tel ephone
partment
Building Inspection Division Report for November 1990
Claims
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission approve the Consent items as listed, and authorize and direct the appro-
priate persons to complete the necessary actions. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner K"app, Commissioner Gomhrung' Com-
missioner Frost, Commissioner Swanson and Mayor Hawks; those voting wv none.
Adjournment - 5:31 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Coehruns, seconded by Commissioner Frost that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Cvehrung Commissioner Frost, Commissioner Swanson Commissioner Knapp
and Mayor Hawks; those voting Nn none.
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