HomeMy WebLinkAbout1990-07-02
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 2, 1990
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 2, 1990, at 3:.30 p.m. Present were Mayor Hawks, Commis-
sioner Goehrung, Commissioner Frost, Commissioner Knapp, City Manager Wysocki, City
Attorney Becker and Clerk of the Commission Sullivan. Commissioner Swanson was absent
from the meeting in compliance with Section 7-3-4322 (2), MCA.
The meeting was opened with the Pledge of Allegiance, led by Boy Scout Troop No.
679, and a moment of silence.
Mayor Hawks briefly addressed the Boy Scout Troop, encouraging them to become
interested and involved in government, particularly at the local level. He noted an upcom-
ing issue which might be of interest is prioritization of sidewalk installation and improve-
ments, suggesting that they might wish to consider making comments on the proposal which
is to be submitted by a ten-member citizens committee in the near future.
Mayor Hawks asked if any Commissioners wished any of the Consent Items be
removed for discussion. Commissioner Goehrung requested that authorization for the May-
or to sign the Satisfaction of Lien for the 1981 CDBG grant be removed.
Minutes - June 18 and June 25, 1990
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
minutes of the regular meetings of June 18, and June 25, 1990 be approved as amended.
The motion carried by the following Aye and No vote: those voting Aye being Commission-
er Goehrung, Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No,
none.
Continued public hearin s - (a) Conditional Use Permit and (b) Variance to Section
(a) This was the time and place set for the continued public hearing on the Condi-
tional Use Permit requested by Harold Sappington for College Chevron to allow construction
of the 666-square-foot addition to an existing auto service/gas station located on Lots 11
and 12 and the east 90 feet of Lots 13 and 14 of Block 50, and six-foot ST E S of vacated
alley in Block 50, West Park Addition. The subject property is more commonly known as
723 South 8th Avenue.
(b) This was the time and place set for the continued public hearing on the vari-
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ance to Section 18.50.100 of the Bozeman Municipal Code requested by Harold Sappington
for College Chevron to allow construction of the 666-square-foot addition to an existing au-
to service/gas station located on Lots 11 and 12 and the east 90 feet of Lots 13 and 14 of
Block 50, and six-foot ST E 5 of vacated alley in Block 50, West Park Addition. The sub-
ject property is more commonly known as 723 South 8th Avenue.
Mayor Hawks reopened the continued public hearing.
Planning Director Andy Epple noted that included in the Commissioners' packets was
a memo from Director of Public Service Forbes along with a memo in which he forwarded
fifteen recommended conditions for approval of this application. He stated that staff feels
strongly that the two curb cuts closest to the intersection should be closed and that the
landscaping pattern should be extended across those areas. He then noted that the con-
ditions have also been revised to provide for a four-foot high solid fence along the north
property line, being reduced to a thirty-inch high fence from the front of the structure to
the property line at South 8th Avenue. He also stated that the addition of a tree has
been accommodated near the new landscapingal"eaalong West College Street. as requested
by the Commission.
Responding to a comment from Commissioner Frost, the Planning Director cautioned
that landscaping near the intersection must be carefully reviewed, to ensure that it does
not conflict with the sight triangle.
Mr. Harold Sappington, applicant, 1360 Cobb Hill Road, stated it is impossible for
him to close two curb cuts and continue to have adequate traffic flow through his busi-
ness. He then stated that a review of the site, following the public hearing on June 18,
revealed there is not adequate room to install the landscape island inside the sidewalk be-
tween the two curb cuts, as reflected on the site plan submitted during that meeting.
Mayor Hawks noted that the applicant indicated during the June 18 public hearing
that there has been no problem with accidents as a result of ingress and egress through
the four existing curb cuts since the service station was constructed in the mid-1960's.
He noted, however, that with heavier traffic patterns and use, that risk will increase. He
then asked if a four-way stop at the intersection of South 8th Avenue and West College
Street might alleviate some of those concerns and potential conflicts.
The Planning Director responded that issue has not been a part of the discussions
to date, indicating that is an item which must be addressed by the Director of Public Ser-
vice.
Commissioner Frost stated he talked to Director of Public Service Phill Forbes about
installation of a four-way stop at the intersection as well as elimination of parking along
the south side of West College Street. He then stated the City has done a traffic count at
the intersection of West College Street and South Willson Avenue; and there is evidence
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that a stop light is warranted at that intersection. He noted that if a light is installed
there, the subject intersection must then be addressed.
Commissioner Frost stated that he also discussed the new service station at the cor-
ner of North 7th Avenue and West Main Street with the Director of Public Service. He
stated that the curb cut for that location is closer to the intersection; and it is a much
more dangerous intersection than South 8th Avenue and West College Street. He noted
that the State Highway Department approved that curb cut. He then stated the subject
application is for a much smaller-scale operation and a less dangerous intersection; there-
fore, he has difficulty supporting the requirement to close two curb cuts.
Commissioner Frost stated he is concerned about the indication that there may not
be adequate space to install the landscape planters inside the sidewalk area, as proposed
at the June 18 hearing. He indicated he feels some steps need to be taken to keep cars
from parking on the sidewalk or on the boulevard.
Planning Director Epple cautioned that the additional tree proposed by the Commis-
sion along West College Street may not be a possibility, since there is not adequate space
outside the site triangle yet between the intersection and the curb cut.
Mayor Hawks closed the public hearing.
Commissioner Goehrung noted the reference to the gas station at the corner of
North 7th Avenue and West Main Street; however, he stated that the Commission is not
asking any more of the applicant for this project than it has for other gas stations in the'f
area. The Commissioner then stated he has no problem with the subject gas station
continuing to operate in the same manner as it has; however, this application proposes a
major change of operation. He noted that parking is already aggravated in the subject
area; and this proposal would impact it further.
Commissioner Goehrung then reminded the Commissioners that the public safety is-
sues must be addressed, considering the interests of the citizens rather than just one in-
dividual business. He then encouraged the Commission to follow the staff recommenda-
tions.
Commissioner Knapp noted that the staff report sets forth the minimum conditions
necessary to ensure the public health, safety and welfare. She stated that if the business
remains as it is, the situation will be status quo. She noted, however, that if the Com-
mission approves this application, an increase will result in the total square footage of the
lot being utilized; however, the Director of Public Service's concerns will not be met if the
two curb cuts are not closed.
I n response to a question from Planning Director Epple, the Commissioners indicated
they do not wish to eliminate the requirement for landscaping inside the sidewalk between
the curb cuts.
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It was moved by Commissioner Frost that the Commission approve the Conditional
Use Permit and the variance to Section 18.50.100 of the Bozeman Municipal Code, as re-
quested by Harold Sappington for College Chevron, to allow construction of the 666-
square-foot addition to an existing auto service/gas station located on Lots 11 and 12 and
the east 90 feet of Lots 13 and 14 of Block 50, and six-foot ST E S of vacated alley in
Block 50, West Park Addition, subject to the following conditions:
1. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the Condi-
tional Use Permit procedure;
2. All special conditions shall constitute restrictions running with the
land use and shall be binding upon the owner of the land. his suc-
cessors or assigns;
3. All conditions specifically stated under any conditional use listed in
this ordinance shall apply and be adhered to by the owner of the
land, successors or assigns;
4. All of the special conditions shall be consented to in writing by the
applicant;
5. A four-foot high solid masonry or wooden fence shall be installed
along the north edge of the property line, reducing in height to 30
inches from a point even with the front of the principal portion of the
building to the Eighth Avenue property line;
6. The applicant shall commit to a program for on-going removal of snow
from the premises whenever storage of snow on-site interferes with
free-flowing traffic circulation and/or vehicle parking. Said commit-
ment shall be in the form of a signed and notarized statement, subject
to review and approval of the Planning Director, setting forth specific
conditions, methods, and time frames under which snow shall be
removed on a regular basis from the site.
7. Allowable signage on the site shall be in accordance with the appli-
cant's proposal, except that any non-conforming signage shall be sub-
ject to the "Amortization" and/or "Exceptions To Specific Conformity"
provisions set forth in Chapter 18.65 of the I nterim Zoning Code;
8. All additional drainage associated with the expansion shall be directed
to South 8th Avenue; spot elevations shall be provided to the Direc-
tor of Public Service verifying said drainage pattern;
9. A landscape plan, subject to review and approval of the Planning Di-
rector, shall be prepared and certified by a licensed landscape archi-
tect or Montana nurseryman depicting all landscape elements as shown
conceptually on the revised site plan;
10. All landscaped areas, both on-site and within the public boulevard,
shall be protected by continuous concrete curbing, the design and
installation of which shall be subject to approval of the Director of
Public Service;
11. The final site plan shall Include all appropriate information as set
forth in Section 18.52.030 of the Interim Zoning Code;
12. All requirements of Section 18.50.020 C. 1. (Conditions for Specific
Conditional Uses -- Service Station) shall be complied with;
13. Three copies of the final site plan, containing all the conditions, cor-
rections and modifications approved by the City Planning Director
within six months of the date of City Commission approval. One
signed copy shaH be retained by the Planning Department, one signed
copy retained by the Building Department, and one copy retained by
the applicant;
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14. If improvements are not installed prior to final site plan approval, the
applicant shall enter into an Improvements Agreement with the City.
Detailed cost estimates, construction plans, and methods of security
shall be made a part of that Agreement;
15. I f occupancy of the str'iJcture or' commencement of the use is to occur
prior to the installation of improvements, the Agreement must be
secured by ar'nethod of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements; and
16. All on....site improvements shall be completed within twelve months of
approval of the final site plan. The Conditional Use Permit shall be
valid only for a period of twelve months following approval of the fi-
nal site plan. Prior to the permanent renewal of the permit at the
end of that period, the applicant must satisfy all the conditions in the
granting of the permit. An on-site inspection will be made and a re-
port made to the City Commission for their action. I f all required
conditions have been satisfied, the permit will be permanently gran-
ted.
Mayor Hawks yielded the gavel to Commi~sioner Knapp for the purpose of seconding the
motion. The motion failed by the following Aye and No vote: those voting Aye being
Commissioner Frost and Commissioner Hawks; those voting No being Commissioner Goehrung
and Commissioner Knapp.
Commissioner Knapp returned the gavel to Mayor Hawks.
for match of State rant - His-
The City Manager submitted to the Commission a memo from Chris Boyd, along with
a copy of the project notification from the State Historical Society.
Mr. Chris Boyd. member of the Historic Preservation Advisory Commission, request-
ed that the City budget $3,000 in cash contribution and provide $1,440 in in-kind services
to support the historic preservation activities for this fiscal year. He noted this will allow
the continuation of a part-time historic preservation officer, which he feels is important to
maintain many of the activities which have been started, such as the newsletter which is
distributed on a quarterly basis, the technical expertise utilized when nominating buildings
for the Historic Register and the technical assistance program for owners of historic prop-
erties.
Mr. Boyd reminded the Commission that the City has provided financial support for
this program over the past few years, matching the State grant which the office has re-
ceived; and the office has once again received a State grant provided the City provides
the matching funds. He then noted that the program has made people, including realtors,
aware of the economic benefits of historic preservation, stating he feels it is important ~o
retain the program. He then encouraged Commission approval of this request.
Responding to Commissioner Knapp, City Manager Wysocki stated that in the past
few years, the City has budgeted $2,500 for this program in addition to the in-kind ser-
vices provided. He noted that monies have been included in the preliminary budget for
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this program. He then asked if there is any deadline for budgeting the requested monies,
or if it can be accommodated during the regular budgeting process.
Mr. Boyd stated an interest in having the City make a commitment to budget at this
time, since they wish to advertise for an historic preservation officer as soon as possible.
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission confirm that $3,000 will be included in the budget for Fiscal Year 1990-91
to support the historic preservation program. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Com-
missioner Frost, and Mayor Hawks; those voting No, none.
Request for permission to charge admission for concert in the park - Earthen Fire Dance
Theatre - to be held in Bogert Park on Saturday, July 14, 5:00 p.m.
City Manager Wysocki submitted to the Commission a letter from Dana Appling, Di-
rector of the Earthen Fire Dance Theatre, requesting permission to charge a $5 admission
fee for a production to be held in Bogert Park on Saturday, July 14. He then reminded
the Commission of the park ordinance recently adopted, which does not provide for such
fees except under the community-oriented event procedure.
Mayor Hawks suggested that the group may wish to ask for donations as an alterna-
tive to going through the formal community-oriented event process due to the short time-
frame.
Commissioner Knapp asked if that process would comply with the letter of the law.
Ms. Dana Appling, applicant, stated the group proposed to charge an admission fee
to cover the costs of the band as well as possibly pay the choreographers. She then stat-
ed that this event is presently being publicized, including through the television spots on
local artists.
Responding to Commi ssioner Knapp, Ms. Appl ing stated the park reservation fee for
the event is $10 plus $10 to allow the consumption of alcohol.
The City Manager reminded the Commission that the purpose of adopting the new
park regulations was to keep activities for private gain out of the City's parks.
Commissioner Knapp noted that one of the Commission's primary goals is enforcement
of existing ordinances.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission affirm Its existing policy and encourage the applicant to follow the formal lease
process. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Goehrung, Commissioner Frost, Commissioner Knapp and Mayor Hawks; those
voting No, none.
Ms. Appling asked if donations may be actively solicited in the park before, during
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or after the event; the Commission responded in the negative.
n - Satisfaction of Lien for 1981 CDBG rant (per terms of ori inal
The City Manager reminded the Commission that Commissioner Goehrung had re-
quested this item be removed from the Consent Items.
Commissioner Goehrung stated that since he was involved in the 1981 Community
Development Block Grant program, he will abstain from voting on this item.
It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the
Commission authorize and direct the Mayor to sign the Satisfaction of Lien for the 1981
Community Development Block Grant program. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, and May-
or Hawks; those voting No, none. Commissioner Goehrung abstained.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following IIFor Your Informa-
tionll items.
(1) Minutes of the Pedestrian/Traffic Safety Committee meeting held on June 26.
(2) Letter from Gordon Clark, College Nationals Final Rodeo, dated June 21,
thanking the Commission for their support of the recent CNFR activities.
Commissioner Knapp asked when the decision is to be made on the location of future
CNFR performances; the City Manager responded that the CNFR committee will visit poten-
tial sites once more and announce the decision at next year's rodeo performance.
(3) Note from former Commissioner Mary Vant Hull regarding reconstruction of
sewer I ines in Helena.
The City Manager noted that a conversation with Helena's City Manager revealed
that the City of Helena had all of its plans in place and was able to take advantage of a
reallocation of State grant monies not utilized In other communities. He noted it appears
there are no other such pots of money available at the present time for such projects.
(4) Letter from the Department of Health and Environmental Sciences dated June
20, regarding air quality.
(5) Letter from the Gallatin County Bar Association Legal Aid Committee dated
June 8, 1990.
(6) Agenda and packet for the City-County Planning Board meeting to be held at
7:00 p.m. on Tuesday, July 3, at the Library.
(7 ) Agenda and packet for the Board of Adjustment meeting to be held at 1: 30
p.m. on Thursday, July 5, in the Commission Room.
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(8) The City Manager submitted his weekly report as follows. (1) Attended
MMIA meeting on Friday, at which time premium rates were set--general liability to realize
a 4-percent increase and workers' compensation to incur a 7-percent increase. Paperwork
is being completed for a $7.9 million bond issue for workers. compensation, to be repaid
over a 20-year period. The twenty largest cities in the program will be requested to com-
plete paperwork for this bond issue; and that should be submitted for Commission action
within the next two or three weeks. (2) Sent a letter to CMC Real Estate last week, re-
questing a sixty-day extension on the time for submitting lease payment for Lindley Park,
as well as exploring an option to purchase. (3) The SID bond call was completed for July
1, Including $920,000 in principal and a total expenditure of $1.2 million. These payments
are funded through the assessment payments made in May. (4) Attended a Large Cities
meeting on Thursday; items discussed included legislative issues that pertain specifically to
larger cities as well as a review of the budgeting process and problems. (5) Announced
the legislative committee for MLCT will meet on July 20 in Helena. (6) Water usage av-
eraged 8 to 9 million gallons last week. (7) Staff will meet with representatives of Three
Rivers Disposal tomorrow regarding a possible agreement for use of the City's landfill.
This item should appear on the agenda within the next few weeks for Commission action.
(8) A meeting on the master plan revisions has been set by the County Commissioners for
2:30 p.m. on Thursday, July 5. (9) Reminded the Commission of the MLCT Conference
scheduled for September 19-21 in Bozeman. He noted the local government is responsible
for the spouse's program, the president's reception and finding sponsors to help cover the
costs.
(9) The City Manager distrIbuted a memo from City Attorney Becker regarding
Section 76-2-312, MCA.
The City Attorney briefly highlighted the memo, indicating that the attorney in
Helena who was researching this commission-manager exclusion under subdivision review
was unable to find any reason for the exclusion. He noted, however I that discussions
with the legislative staff revealed that it appears to have been a "good old boy" piece of
legislation that included the exclusion to obtain a powerful legislator.s support. The City
Attorney then suggested that legislation could be pursued during the upcoming session,
with that section being removed without any major problem. He noted that he is to be re-
ceiving written information on this issue.
City Attorney Becker then ouHined the options available, which include pursuing
legislation or pursuing litigation, and asked for Commission direction. He noted that an
interlocal agreement with the County could be pursued; however, he cautioned that several
issues remain unresolved. He suggested this might be an alternative until the existing
legislation can be removed through legislation or litigation.
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Following a brief discussion, the Commissioners indicated support for pursuing a
legislative change, authorizing the City Attorney to contact local legislators. They further
directed the City Attorney to pursue litigation concurrently, to show their dedication to
eliminating this exclusion. They further directed the City Attorney to pursue an interlocal
agreement with the County Attorney, in an attempt to address the issue in the meantime.
(10) Commissioner Frost presented the following. (1) Attended the Planning
Board meeting on Monday night. at which goals for the transportation plan update were
extensively discussed. (2) Talked to Administrative Services Director Gamradt about Ms.
Crawford's problem with her sewer bill and found that it had already been corrected. (3)
Distributed to the Commission copies of an article In Governing magazine about an ordi-
nance adopted in Tucson, Arizona, requiring the use of ultralow-flow toilets in new
construction and remodeled homes. He noted that for each 1,000 such toi lets. the City
saves 9 million gallons of water each year, suggesting such an ordinance may be beneficial
in Bozeman.
(11) Commissioner Goehrungpresented the fOllowing. (1) He and Commissioner
Knapp prepared a list of names to be submitted to the Commissioner of Higher Education
for consideration in appointing the MSU Presidential Search Committee. He noted the
names forwarded were Mike Salvagni, Laurie Shadoan, Kathleen O'Malley and Mike
Reichman. He further noted that the County Commission forwarded a list of names; and
the Chamber of Commerce forwarded sIx names. (2) On Monday, July 9, he will meet with
representatives of the Cooperative Extension Service about solid waste and waste re-
duction.
(12) Commissioner Knapp presented the following. (1) Attended a centennial cel-
ebration meeting at the Library, in preparation for next year's celebration. ( 2) Attended
a meeting on Wednesday regarding use of the Haynes Building.
(13) Mayor Hawks stated that he spent a week in New York City, which makes
the local problems look small. He noted that some municipalities have formed PUD districts
for utilities and have thus taken local control of those rates. He stated those areas where
it has been done now enjoy the lowest utility rates in the country.
(14 ) Mayor Hawks stated that Mayor Dan Kemmis has indicated an interest in
meeting with the City Commissioners In Bozeman, either on the afternoon of August 1 or
the morning of August 2. One of the topics of discussion is to be an intra-state sister
city relationship. He then stated a preference for the afternoon of August 1. Following
discussion, the Commission concurred in that preference, suggesting noon luncheon or early
afternoon meeting.
(15) Mayor Hawks stated he received notice of the meeting with the County Com-
mission, to which the City Manager earlier referred, at his home. He then stated he is
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unable to meet at 2: 30 p.m. on Thursday; and he feels it is imperative to have two City
Commissioners present.
Commissioners Goehrung and Knapp indicated they have conflicts; and it was noted
that Commissioner Swanson will still be out of town.
Commissioner Frost, member of the Commission subcommittee, stated he has no
problem with postponing the meeting.
The City Manager encouraged the Commission to contact the County Commissioners
as soon as possible to reschedule the meeting for next week.
Consent Items
The City Manager presented to the Commission the following Consent Items.
land
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission approve the consent items as listed, and authorize and direct the appropri-
ate persons to complete the necessary actions. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Com-
missioner Frost and Mayor Hawks; those voting No, none.
Recess - 4:45 p.m.
Mayor Hawks decla red a recess at 4: 45 p. m., to reconvene at 7: 00 p. m. for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting
the scheduled public hearings.
This was the time and place set for the public hearing on an appeal of the
City-County Planning Board decision, as filed by David H. Nelson, representing K-Mart
Corporation, on a major site plan for Lots 1 and 2, Block 4, Westlake's Fourth Subdivi-
sion. The subject site is more commonly located at 1126 North 7th Avenue.
City Manager Wysocki submitted to the Commission a letter dated June 28, 1990 from
Dresher Associates, architect representing K-Mart, requesting that the hearing be contin-
ued due to a scheduling conflict. He also submitted a memo from the Planning staff re-
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questing that the Commission open and continue the pUblic hearing to July 16.
Mayor Hawks opened and continued the public hearing until 7:00 p.m. on Monday,
July 16, per the applicant's request.
Public hearin - Ordinance No. - amendin Ordinance Nos. 1303 and 1308 (interim
zoning ordinance
This was the time and place set for the public hearing on Ordinance No. ,
as approved by the City Attorney, entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PURSUANT TO SECTION 76-2-306, MONTANA CODE ANNOTAT-
ED, AMENDING ORDINANCE NO. 1303, THE INTERIM ZONING ORDINANCE,
AS AMENDED BY ORDINANCE NO. 1308, BY REVISING CHAPTERS 18.04,
18.42,18.43,18.51,18.53,18.54,18.56,18.58,18.62 AND 18.65, WITH
SAID AMENDMENTS TO THE INTERIM ZONING ORDINANCE BEING EFFEC-
TIVE WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN AND ONE (1)
MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY FOR A PERIOD
OF SIX (6) MONTHS FROM THE EFFECTIVE DATE OF ORDINANCE NO.
1 303.
Mayor Hawks opened the public hearing.
Planning Director Andy Epple noted that included in the Commissioners' packets was
a thirty-page document setting forth the amendments to the interim zoning ordinance that
would be accomplished through adoption of this ordinance. He then stated that just prior
to the meeting, a two-page memo dated June 26, 1990, was distributed to the Commission
setting forth five additional items to be included in this ordinance.
The Planning Director briefly highlighted the summary of the amendments to be ac-
complished under this ordinance. He noted that under Chapter 18.04, the definition and
membership of "Design Review Board (DRB) II has been established and the membership of
the Development Review Committee has been revised. Under Chapter 18.42, the Historic
Preservation Board has been replaced by the Design Review Board, and their procedures
will be the same as those for the overlay districts. The Planning Director noted that this
will remove the HPAB from the regulatory process, because It was placed there under the
interim zoning ordinance and its members are uncomfortable with that position.
The Planning Director stated that Chapter 18.43 is to be revised to provide for
DRB review of entryway overlay district review. Chapter 18.51 provides for membership
on the DRC and the ORB, in accordance with the outline set forth under Chapter 18.04.
Under Chapter 18.52, the revisions apply to the DRB. Also, the procedures set forth
have been slightly revised to provide a more logicaf sequence of events. Chapter 18.53
has been revised to include reference to the DRB; and Chapter 18.54 has been revised to
more accurately reflect the roles of the DRC and the DRB in review of planned unit devel-
opments.
Planning Director Epple then indicated that the revisions to Chapter 18.56 include
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an expanded list of variances to be considered by the Board of Adjustment. Also, the re-
view authority of the City Commission has been expanded to include all multiple variances.
This revision should streamline the process and eliminate the hearings before multiple
bodies; and it should address many of the problems incurred during recent processing of
the Color World application. The revisions to this section further include the requirement
that four affirmative votes will be required for Commission approval of a variance, while
only three affirmative votes will be needed for approval of a deviation.
The Planning Director stated that the revisions to Chapter 18.58 provide for DRB
review. They also remove the requirement to establish a date for public hearings on a
possible appeal, but require publication after an appeal has been filed. Chapters 18.52
and 18.65 have been revised to include reference to the DRB.
~ Planning Director Epple then highlighted the five revisions contained in the memo
dated July 2, noting that the first four are housekeeping in nature. He noted that the
fifth revision is substantive because it revises Chapter 18.56 to provide that the City
Commission will consider all variances attached to conditional use permits.
Planning Director Epple stated that staff would recommend that the Commission ap-
point an interim Design Review Board to serve until the new board is appointed. He re-
minded the Commission that if this ordinance is passed tonight, it will become effective im-
mediately; and there will be a meeting of this board tomorrow. He suggested that compo-
sition of the interim board could include the three City-County Planning Board members
who currently serve on the Design Review Sub-committee and two of the professional mem-
bers on the Historic Preservation Advisory Board. He then briefly listed the names of
those individuals.
City Manager Wysocki questioned why the amendments provide for a three-member
quorum of the seven-member DRB, rather than a four-member quorum.
The Planning Director responded that the board meets on a weekly basis; and it
will sometimes be difficult to get four members there, particularly during the summer. He
then noted that the quorum requirements further stipulate that at least two of those pres-
ent must be professionals and at least one of those present must be an "at large" member,
thus a balanced representation is still maintained. He then indicated that the City Attor-
ney has reviewed and approved this provision for a quorum, since the board is advisory.
Responding to questions from the Commission, the Planning Director stated that no-
tice of an appeal hearing will be run in the newspaper and posted on the property,
probably in a different color from the original notice. He then indicated that a stan-
dardized method of posting notices on property has been established, with all signs to be
posted within four feet of the public right-of-way.
Planning Director Epple stated he feels the revisions made through this ordinance
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will substantially improve the efficiency and administration of the interim zoning ordinance,
and will provide a good basis for preparation of the new zone code. He stated that he
and Assistant to the City Manager Ron Brey hope to have the new zone code drafted and
submitted to the City-County Planning Board within six to eight weeks.
Commissioner Knapp stated support for these proposed amendments, noting that
they help to make the zone code flow better, rather than being disjointed as it has been in
the past.
Commissioner Goehrung asked if the last revision proposed in the memo dated July 2
will cause the City Commission to usurp the powers of the Board of Adjustment.
The Planning Director responded that it will, when a variance is requested in con-
junction with the conditional use permit. He noted that adding the requirement for a su-
per-majority to approve a variance should help to ensure that good decisions are made.
Responding to another question from Commissioner Goehrung. the Planning Director
stated that the conservation district boundaries are the same as the boundaries of the
original historic survey conducted in the early 1980's.
Commissioner Frost noted that if the Commission hears multiple variances which in-
clude variances that would normally be considered by the Board of Adjustment, it must
follow the same criteria as would be followed by the Board in the decision-making process.
No one was present to speak in support of or in opposition to the proposed amend-
ments to the interim zoning ordinance.
Mayor Hawks closed the public hearing .
Commissioner Goehrung stated support for the requirement of a super-majority to
approve a variance. He then suggested that amendment be revised to provide that the
City Commission may, at its discretion, refer variances back to the Board of Adjustment if
it so desires. He noted that the Board of Adjustment decisions may be appealed to the
District Court; and he feels that option should remain available to the applicant. He fur-
ther noted that the Board is in a position to follow a rational, objective approach since it
is removed from the political decision-making process.
Responding to an observation by Mayor Hawks, the Planning Director stated that in
considering variances based on hardship, specific criteria must be carefully considered and
answered. He noted that the Commission will consider variances and deviations which are
not based on hardship; and the criteria for those items are much different. He then in-
dicated that the workload for the Board of Adjustment under the existing interim zoning
ordinance still includes two to three variances at each of its monthly meetings.
Commissioner Goehrung noted that, even though the Commission would be required
to review hardship variances under the same criteria as the Board of Adjustment does, the
political element still remains. He then noted that with the Commission being elected, its
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members change from time to time; and he feels It is important to have a non-political body
responsible for making decisions on this type of issue. The Commissioner then stated
there may be times when the Commission wishes to make the decision; however, he noted it
would be beneficial to have flexibi/.lty to refer a matter to the Board of Adjustment if
deemed appropriate.
Commissioner Goehrung then advocated that under Chapter 18.42, reference to "neigh-
borhood conservation district" be stricken.
Commissioner Frost stated disagreement with that proposal, noting he strongly ad-
vocated adding that language initially. He noted there are many areas now fifty to sixty
years old that do not yet qualify for historic status, but which should be protected until
they reach that status. He then reminded the Commission that the recommendations for-
warded by the advisory bodies are not mandatory; and property owner compliance with
those suggestions is voluntary under this ordinance.
Planning Director Epple noted that such a deletion would be a broad, sweeping
change that would be more appropriately considered during the adoption of the new zone
code rather than at this time. Commissioner Goehrung concurred, stating he had simply
broached the subject so that it could be considered during the rewrite.
Mayor Hawks noted another Item that must be recognized is the mixed use of some
of the existing neighborhoods. He noted that some of those neighborhoods have been ad-
versely impacted by the construction of multl~family units that are aI/owed under the
zoning of the area. He indicated that early public notification of proposed projects which
include multi-family units is important to those areas.
City Manager Wysocki suggested that some of the zoning boundaries should possibly
be relocated prior to adoption of the. final zone code.
Commissioner Goehrung asked for a review of the projects that have been accom-
modatedunder the interim zoning ordinance, the amount of staff time required, and the
amount of time and number of steps taken to reach the final decision. He also noted that
comparative Information under the old zone code would be beneficial.
Planning Director Epple stated he will attempt to prepare such information before
adoption of the final code. He then cautioned the Commission that this information becomes
irrelevant as the process changes.
Commissioner Goehrung asked for Commission response to his suggestion about
providing for referral of multiple variances back to the Board of Adjustment.
Commissioner Frost stated he prefers the revisions as written.
Commissioner Knapp stated she recognizes the different pressures that Commission-
ers may incur; therefore, she supports Commissioner Goehrung's suggestion.
Mayor Hawks noted that to include the option of referral increases the variables.
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He noted that an applicant may anticipate going through a set process, on Iy to incur an
additional step and time delay if the Commission decides to refer a variance to the Board
of Adjustment.
Commissioner Goehrung indicated an interest .in having his proposal reviewed prior
to adoption of the final code. The Planning Director assured him it will be carefully con-
sidered.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
Commission adopt Ordinance No. 1314, including the thirty-page proposal dated June 26
and the memo dated July 2, 1990, amending the interim zoning ordinance. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner
Goehrung, Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No,
none.
City Manager Wysocki asked if the proposed composition of the Development Review
Board is too restrictive, particularly when the Commission is making appointments based on
applications received.
The Planning Director indicated he. shares that concern. He noted, however, that
he has been assured there are adequate persons in the community that meet the qualifica-
tions to fi II the board as proposed.
It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the
Commission appoint an interim Development Review Board, to be comprised of Keith
Swenson, Ellen Kreighbaum, Ralph Johnson, Linda Bell and Ron Hess, with the appoint-
ments to be effective immediately and end when the Development Review Board is ap-
pointed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those
voting No, none.
Adjournment - 8: 12 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Knapp, Commissioner Goehrung. Commissioner Frost and Mayor Hawks; those
voting No, none.
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