HomeMy WebLinkAbout1990-08-20
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 20, 1990
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The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 20, 1990, at 3:30 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.
Minutes - August 13, 1990
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
minutes of the regular meeting of August 13, 1990 be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner
Goehrung, Commissioner F ros t, Commissioner Swanson, Commissioner Knapp and Ma yor
Hawks; those voting No, none.
sale for SID No. 655 ( and storm draina e on Concord Drive,
The City Manager submitted to the Commission a memo indicating that two bids were
received. He stated that fol lowing verification of the net effective interest rates bid by
both parties, staff recommends that the bid be awarded to James E. and Anne W. Banks at
the net effective interest rate of 7.4877 percent, it being the lowest and best bid re-
ceived.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
bid for the bond sale for Special Improvement District No. 655 be awarded to James E. and
Anne W. Banks at the net effective interest rate of 7.4877 percent, it being the lowest and
best bid received. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner
Goehrung and Mayor Hawks; those voting No, none.
and storm draina e on Concord Drive,
City Manager Wysocki submitted to the Commission a memo from Assistant City Engi-
neer Craig Brawner indicating that the low bid was submitted by Big Sky Asphalt, Inc. ,
Bozeman, Montana, in the amount of $117,485.71. He noted that this amount exceeds the
engineer's estimate, which causes the entire project to exceed the amount for which the
special improvement district was created. He then stated that Mr., Clair Daines, owner of
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the properties involved, has submitted a letter of credit to cover the difference between
the amount of the bond sale and the total costs of the project; and recommended that the
construction bid be awarded.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission award the bid for construction of Special Improvement District No. 655, paving
and storm drainage on Concord Drive in Westfield, Phase II, to Big Sky Asphalt, Inc. ,
Bozeman, Montana, in the bid amount of $117,485.71, it being the lowest and best bid re-
ceived. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost
and Mayor Hawks; those voting No, none.
Continued discussion - re request for use of UCT Building - Sue Harkin, Recreation Su-
perintendent
The City Manager stated that included in the Commissioners' packets were a memo
from Steve Weil, Chairman of the Recreation and Parks Advisory Board, along with a pack-
et of information in support as submitted by the Board of Directors of the Community
Youth Activity Program grant.
Mr. Harry Kinyon, United Commercial Travelers, briefly highlighted the history of
Recreation Superintendent Harkin's request for use of the Old Elks Club property for an
after school program. He noted that the first request was for use of the building at no
rental cost and participation in a percentage of the utility costs. He stated that UCT did
not feel they could afford that suggestion; and the Recreation Superintendent stated her
intention to pursue terminating the City's lease with UCT for the building. He noted that
at the same time, UCT received a proposal from the Headwaters Academy for daily use of
the building for a private school; and they have been unable to act upon that request due
to uncertainty about their oversight of the facility.
Mr. Kinyon noted that a committee was formed as a result of discussion of this item
at the July 23 Commi ssion meeting. He noted that the UCT Board forwarded two proposals
for consideration, "Plan A" which included a $50 per day rental fee and UCT would pay all
electrical and heating costs, and "Plan B" which included a $30 per day rental fee and 50
percent of the electrical and heating costs.
Mr. Kinyon stated that at a recent membership campout, those present discussed
the proposal submitted by the Recreation Department as well as the one submitted by
Headwaters Academy and determined that if one is accepted, then both must be. He
stated that, based on that premise, the membership voted to retain rental of the facility as
it has been in the past and to not allow day-to-day operations. He noted that due to that
decision by the membership, the Board was required to withdraw its proposals; and the
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UCT will not consider any options which involve day-to-day activities.
Mr. Harry Kinyon noted that to allow the Headwaters Academy to use the facility
from 7:30 a.m. to 1 :30 p.m., Monday through Friday; the Recreation Department to use
the fad lity from 3: 30 p. m. to 6: 00 p. m. , Monday through Thursday; and to rent the
building for one-time activities during evening hours would require someone from that or-
ganization to check the building two or three times a day to ensure it is ready for the
next group. He stated that such an arrangement would create a substantial commitment
for one or more members of a volunteer group.
Mr. Kinyon stated that to allow children to utilize the facility on a regular basis,
whether for a school or for after-school activities, will require a substantial amount of up-
grading and remodeling of the structure; and the costs incurred will be quite extensive.
He noted that it has just been brought to his attention that none of the wiring in the
building has a ground wire and, therefore, does not meet code, in addition to all of the
other items which have been previously discussed.
Mrs. Peggy Gould, 323 North 20th A venue, stated she is a private concerned citi-
zen. She noted that the United Commercial Travelers has done much to clean up and im-
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prove the building over the past twenty-five years; and(lt no)'6 an attractive community fa-
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ci Iity . She then expressed concern about the current proposal which would place the City
in charge of the facility, noting that such a change could result in additional expenses and
additional personnel which would be funded by the taxpayers of the community. She stat-
ed that with recent increases in taxes and user fees, the local economics are not conducive
to the additional City costs which will be incurred if the lease is terminated.
Mr. Zac Zakovi, board member of the Headwaters Academy, agreed that the United
Commercial Travelers have done an excellent job of managing and maintaining the facility,
and providing a much needed community service. He then indicated that if the City allows
the Academy to rent the faci Iity for their school, it will generate a substantial revenue
base for the City as well as provide a mechanism for some of the necessary maintenance.
He noted that the original offer submitted for use of the building would be Monday
through Friday from 7:30 a.m. to 1 :00 p.m., from September 15 through June 5. He in-
dicated that the group could contribute $85 a month toward util ities as well as pay a
monthly rental fee of $500. He indicated that the group would be willing to provide some
of the capital improvements needed, on an advance rent basis.
Mayor Hawks suggested that the proposal be referred to staff for review and re-
sponse.
City Manager Wysocki stated that staff has prepared some preliminary estimates on
the costs of necessary improvements; however, no firm figures are yet available. He stat-
ed that the rough estimates he has gathered to this point total approximately $15,000;
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however, it is necessary to determine all of the items which must be addressed. He a I so
projected that annual operating costs would be $13,000 to $14,000.
Responding to Commissioner Swanson, the City Attorney stated there would be no
legal ramifications if the lease is broken properly, since the lease document contains a
statement which provides for termination of the lease upon a ninety-day written notice if
the City needs the facility for municipal purposes.
Mr. Harry Kinyon noted that one of the items which must be addressed is the dis-
posal of those items which the United Commercial Travelers have placed in the structure,
such as two of the three heaters, the refrigerator, all of the lights, the sink, the stove
and the back door. He suggested that an independent person could be selected to place a
value on each of those items; and the City could then pay a percentage of that value,
based on the lease agreement. He noted that the UCT could remove any of the items from
the building which the City does not want to purchase.
Mayor Hawks asked if staff can have more definitive figures by next week; the City
Manager indicated he will try.
Responding to Commissioner Knapp, Recreation Superintendent Sue Harkin stated
that the warming hut at Souths ide Park and the Methodist Church Annex will be utilized as
temporary sites for after school activities under the grant until the ninety-day notice
period has elapsed, unless the UCT is willing to allow them to use the building in the
meantime.
Responding to Commissioner Swanson, the Recreation Superintendent stated that the
Recreation and Parks Advisory Board is willing to make a recommendation on the proposal
submitted by the Headwaters Academy; however, they feel it is premature to make such a
recommendation before they have control of the building.
Responding to Commissioner Frost, the Superintendent stated she feels the Recre-
ation Department can provide the necessary oversight to manage the bui Iding. She briefly
highlighted that program, noting that current staff would be utilized with no overtime
involved. She indicated that various contractors would be available to respond to needs
which require specific expertise.
City Manager Wysocki noted that no matter who manages the building, certain de-
ficiencies have been noted which must be addressed as soon as possible. He then indi-
cated that he will attempt to gather accurate figures for the various upgrades prior to
next week's meeting.
Discussion - request to tie onto Citt water service - Glenn E. and Ada J. Hall - 1. 754-
acre tract located north of Kagy Bou evard
City Manager Wysocki submitted to the Commission a request from Glenn E. and Ada
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J. Hall to tie a 1. 754-acre parcel located north of Kagy Boulevard onto the City's water
service, along with a memo from Director of Public Service Phill Forbes addressing that
issue. The City Manager noted that two issues raised by the Director include the fact
that extending water service outside the city limits is not within the City's policy, and the
fact that the subject property is not contiguous to the city IimittP therefore, it cannot be
annexed.
City Attorney Becker briefly highlighted the situation with the subject 1. 754-acre
parcel. He noted tha@;a part of a larger parcel. which the applicant wishes to separate
from that parcel. He noted that one of the issues involved in this request is obtaining
City water and sewer to the subject parcel so the County Sanitarian will approve the re-
quest. The City Attorney noted, however, that State law stipulates that the water and
sewer services cannot be extended to just one parcel, but rather must be extended to both
parcels in the certificate of survey.
Dr. Glenn Hall, 1609 Hillside Lane, stated that he began purchasing the subject
1.754-acre tract on a contract for deed twelve years ago. He stated that he has previous-
ly applied to the City for permission to tie onto the City's sewer system, and received ap-
proval of that request. He noted that he has now completely paid for the subject parcel;
however, he now has a deed which he cannot file because the parcel is a portion of a
larger parcel contained in a certificate of survey. He stated that the larger parcel is des-
ignated as an agricultural use. He then indicated he was not aware of the problems re-
maining If approval is given to tie onto the City water system until just prior to this meet-
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City Attorney Becker indicated a willingness to meet Witht1r;. Hall in an attempt to
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resolve the issue. He noted that the deed for the subject parcel cannot be filed because
the parcels have not been given an exemption from subdivision review; and the sell ing
party, and holder of the remainder parcel, is not being cooperative in following the steps
necessary to complete filing of the deed.
Dr. Hall suggested that possibly legal remedies should be sought in an attempt to
resolve the issue.
Responding to Commissioner Knapp, the City Attorney stated that Dr. Hall cannot
receive a building permit until the deed has been filed. He further noted that physically
tying the subject parcel onto the City water system will not get the plat filed so that the
deed can be file<(.9rather an exemption from subdivision review must be pursued.
Dr. Hall suggested there may be some precedent for allowing properties in that area
to tie onto the City's water system, citing Mr. David Wessel's property immediately across
the street as an example.
The City Manager responded that Mr. Wessel received his water tap through nego-
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tiations for right-of-way for Kagy Boulevard, under a former City policy.
Commissioner Frost asked about the legal ramifications and whether the City is com-
pelled to provide water service to the rest of that immediate area.
The City Manager responded that if the City did provide water service to that ar-
ea, it could probably then be annexed. He noted that as it is, the subject parcel and im-
mediate area are nearly an iSla~urrounded by the city. He then reminded the Commis-
V sian that the subject parcel is~contiguous to the city and, therefore, cannot be annexed
by itself.
Commissioner Swanson stated an interest in having someone from the Planning De-
partment meet with the City Attorney and Dr. Hall to review possible subdivision issues as
well as the issue of tying onto City water.
Responding to questions from the Commission, Director of Public Service Phill
Forbes stated that no exclusions appear to be available in this particular case. He noted
that if the subject property were to be a homesite for the owner of the larger parcel, it
could become eligible; however, it is not eligible under the existing circumstances.
Commissioner Frost stated that if extending water to Dr. Hall's parcel would not
have a negative impact on the City, he would support helping Dr. Hall as much as possi-
ble.
The City Manager indicated that staff will meet with Dr. Hall and bring back addi-
tional information in two weeks for Commission consideration.
Discussion - Commissioner attendance at the Montana Le(ue of Cities and Towns Conven-
tion - Bozeman - September 19-21, 1990; and at the N L Congress of Cities - Houston -
December 1-5, 1990 - designation of voting delegate and alternate
The City Manager reminded the Commission of the upcoming Montana League of
Cities and Towns Convention to be held in Bozeman on September 19-21, 1990. He noted
that registrations for the convention are due late this week and asked how many of the
Commissioners plan to attend. All of the Commissioners stated their intention to attend.
The City Manager then stated that the National League of Cities Congress of Cities
is to be held in Houston, Texas, on December 1 through 5, 1990. He noted the Commis-
sion must determine who will attend, and designate a voting delegate and alternate.
Mayor Hawks noted that the Commissioners have reviewed the agenda for the NLC
Congress of Cities; however, none appear to be interested in attending.
Commissioner Frost stated he feels the costs of attending the NLC Congress of
Cities are prohibitive at this time.
The Mayor suggested there may be other meetings during the year which include
topics which may be of more interest to the Commissioners.
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Claims
City Manager Wysocki stated this is the only item which would have appeared under
Consent Items. He then recommended that,the claims be approved as listed.
It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that
the Commission approve the claims as submitted and order that the same be paid. The mo-
tion carried by the following Aye and No vote: those voting Aye being Commissioner
Knapp, Comm iss ioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor
Hawks; those voting No, none.
Discussion - FYI Items
The City Manager presented to the Commission the following "For Your Information"
items.
(1) Tentative agenda for the Montana League of Cities and Towns convention to
be held in Bozeman on September 19-21.
(2) Agenda for Highway Commission meeting to be held on Wednesday, August
22, in Billings.
(3) Letter from Donald Kreitz dated August 13, 1990, regarding Westridge Tech-
nical Center.
(4) Letter from Sourdough Creek Properties dated August 10, 1 990, regarding
the availability of water and sewer services to the undeveloped properties located just
south of Westfield Subdivision and alerting the City to a potential request for water and
sewer services for that area south of Graf's Fourth Addition in the future.
The City Manager indicated there are some issues raised in the letter which staff
must research to determine their actual status.
(5) Memo from Steve Cottrell, Director of the Library, announcing that Lois
Dissly has received a scholarship to attend the University of Arizona to pursue a masters
degree in library science.
(6) Notice of a Tax Reform Coalition meeting to be held at the Baxter at 11: 30
a. m. on Wednesday, August 22.
(7) Agenda and packet for Planning Board meeting to be held at 7:00 p.m. on
Tuesday, August 21.
(8) Copy of the sidewalk policy, which is to be placed on next week's agenda
for discussion.
(9) The City Manager submitted his weekly report, as follows. (1) Has been
working on arrangements for the MLCT Convention to be held here in September. ( 2) Met
with Tutti Meeks briefly regarding Sculpture Park and the funding for that project. (3)
Met with people in the tire business regarding disposal of old tires, and a possible tax
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which would require legislative change. ( 4) Attended the TCC meeting on Thursday,
where the status of current projects was reviewed. (5) Staff carefully reviewed con-
struction bids for the SID No. 655 project and possible supplemental funding options, since
the bids were higher than anticipated.
(10) Commissioner Knapp met with Judy Morrill and two gentlemen from the Senior
Center to revise the resolution which establishes a new managing body for that building.
She noted another meeting has been scheduled for tomorrow morning. when all necessary
changes should be made for a finalized document. She indicated that if that occurs, the
revised resolution will be placed on next week's agenda for action.
(11 ) Mayor Hawks submitted the following report. (1) Has received verbal com-
mitment from the Sauerkraut Band to play at the President1s Reception. The City will re-
ceive a contract shortly which must be signed to confirm the arrangements. (2) Attended
a meeting at the Museum of the Rockies on Wednesday evening regarding conservation
easements. (3) Attended the Transportation Coordinating Committee meeting on Thursday,
where installation of sidewalks was a topic of discussion along with the various projects in
progress.
(12) Commissioner Goehrung submitted the following report. (1 ) Will meet with
representatives from Costa Rica on Tuesday regarding the sister cities program. ( 2) Re-
quested that a discussion on solid waste issues be placed on next week's agenda.
Recess - 4:43 p.m.
Mayor Hawks declared a recess at 4:43 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 the Conditional Use Per-
mit requested by Vern Essman, to allow construction and operation of a 2,310-square-foot
dry cleaning establishment on the 21,000-square-foot lot in the southwest one-quarter of
Section 12, Township 2 South, Range 5 East, Montana Principal Meridian. The subject
property is more commonly known as 1102 West Babcock Street.
Mayor Hawks opened the pUblic hearing.
City Manager Wysocki presented to the Commission a letter from Mr. Jack
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Greenway, applicant's representative, requesting that this public hearing be continued for
a period not to exceed six months. He stated that following review of this request, staff
would recommend that the public hearing be continued to September 17 at 7:00 p.m.
Planning Director Epple reminded the Commission that this item had initially ap-
peared under the consent items on the July 30 agenda, but was continued to this meeting
as a full-blown public hearing per the applicant's request.
Mayor Hawks stated that conversations with the applicant's representative have re-
vealed that a thirty-day continuance may not be adequate; however, he has indicated a
willingness to accept that staff recommendation. The Mayor noted there is a possibility
that if the applicant is not prepared for the public hearing at that time, he may withdraw
this application and submit a new one at a later date.
It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the
public hearing be continued to September 17 at 7:00 p.m. The motion carried by the fol-
lowing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner
Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No,
none.
Mayor Hawks continued the public hearing to September 17, at 7: 00 p. m.
This was the time and place set for the public hearing on the Conditional Use Per-
mit, requested by Harry C. Huntsinger, to allow expansion of an existing food convenience
store and addition of two gas pumps on Tract 5-A, Certificate of Survey No. C-23-R.
The subject site is more commonly known as 1210 East Main Street.
Mayor Hawks opened the public hearing.
Planning Director Andy Epple presented the staff report. He stated the applicant
is proposing a 420-square-foot addition to the existing building as well as the addition of
two gas pumps and a new sign. The subject property is zoned B-2, Community Highway
Business District; and convenience food stores with gas pumps are a conditional use in
that zone. He noted the property is also located within the East Main Entryway Corridor
Overlay District.
The Planning Director then highlighted the five deviations from the zone code which
have been requested by the applicant, as fol lows: deviations from (1) access require-
ments, (2) front yard setbacks, (3) rear yard setbacks, (4) minimum driving aisle width,
and (5) sign ordinance. He stated that in addition to the existing driveway and the
shared access at the west end of the parcel, the applicant has requested a third access to
the parcel to the east which he just purchased in anticipation of this requested expansion.
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lI"', Also, the applicant has proposed the installation of a 42-foot-high sign.
Planning Director Epple outlined the zoning designations and uses immediately sur-
rounding the subject site. He noted that to the south the property is zoned R-2, and it
is developed with single-family residences; and to the east, north and west the property is
zoned B-2, and is developed as commercial uses.
The Planning Director stated that the Development Review Committee and the Design
Review Board reviewed this application in light of the six criteria set forth in the interim
zoning ordinance. He stated that following its public hearing on this application, the
City-County Planning Board recommended approval of the application subject to twelve con-
ditions. He noted the Planning Board has recommended that a 30-foot-hlgh free-standing
sign be allowed, rather than the proposed 42-foot-high sign, based on the additional land-
scaping which is to be provided on the eastern portion of the lot. He stated that two
smaller signs which currently exist on the site are to be removed; and the new sign is to
be twelve feet lower than the existing large sign.
Commissioner Goehrung noted that realignment of the intersection of Highland Bou-
levard and East Main Street has been discussed, asking how that would impact this prop-
e rty .
The Planning Director responded that Highland Boulevard is to be expanded to a
four-lane format, based on the existing alignment.
Mr. Harry Huntsinger, applicant, stated that his property is located 89 feet west of
the existing curb.
Planning Director Epple then suggested the Commission may wish to consider adding
a condition which would require that the duster of trees located along the eastern portion
of the lot be located In such a manner that It will not Impede the sight triangle based on
the four-lane format. He noted this will eliminate the necessity of relocating or removing
those trees after they have grown into large trees.
Commissioner Goehrung asked what the total allowable signage and height limitations
would be if the subject site were not located so close to 1-90; the Planning Director re-
sponded that 120 square feet would be the maximum, with a height limitation of eight feet
on freestanding signs.
Responding to another question from Commissioner Goehrung, the Planning Director
Indicated the new freestanding sign Is to be located approximately ten feet from the prop-
erty line, which will place it approximately twenty feet from the curb.
Commissioner Frost asked if adequate additional landscaping has been provided to
offset the five requested deviations; the Planning Director responded in the affirmative.
He noted that extra canopy trees and shrubs are proposed along the street frontage,
which will screen the paved area; and an extra cluster of trees is to be installed at the
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east end of the property.
Commissioner Knapp asked how the proposal to establish ingress and egress curb
cuts is to be enforced.
Planning Director Epple stated that this afternoon, he discussed the issue of curb
cuts with Mr. Ed Reiser, State Department of Highways employee in charge of permitting
curb cuts in the Bozeman area, regarding the process of issuing permits within the city
limits. He noted that the easternmost curb cut, which was just recently installed, consti-
tutes a zoning violation since it is located 153 feet from the curb, which is within 200 feet
of the intersection of two arterials. He Indicated that problem should be alleviated in the
future by allowing Planning staff review of applications for curb cuts prior to State High-
way Department approval.
The Planning Director then stated that he discussed the issue of one-way curb cuts
with Mr. Reiser. He noted that in Mr. Reiser's point of view, designating and regulating
ingress and egress curb cuts will create more life safety hazards than unregulated curb
cu ts . He suggested that, based on this new information, the Commission carefully con-
sider the Planning Board's recommendation for one-way designation of those curb cuts.
Commissioner Frost expressed concern about the closeness of the curb cuts, sug-
gesting that perhaps the middle curb cut should be closed. The Planning Director noted
that the Development Review Committee shared that concern and recommended closure of
the middle curb cut.
Responding to a question raised by Commissioner Swanson, the Planning Director
stated that the zoning ordinance contains two separate provisions pertaining to the height
of signs, (1) that area within 1400 feet of the interstate, under which this site falls, and
(2) that area within 660 feet of the centerline of the off ramp, under which this site does
not fa II . He stated that, technically, both criteria must be met to allow the higher
signage; therefore, a deviation has been sought for this parcel.
Commissioner Swanson asked if there is a study being conducted at the present time
to determine whether a stop light is needed at the intersection of Highland Boulevard and
East Main Street. Staff response was that a speed study is underway; however, no study
is being presently conducted regarding installation of a stop light.
Commissioner Goehrung questioned Condition No.1, noting he has not seen such a
condition in the past.
The Planning Director responded that the comments received from the Development
Review Committee are incorporated into conditions as much as possible. He noted that all
building codes must be met as a matter of course; therefore, this condition will be elim-
inated in future proposals.
Mr. Harry Huntsinger, applicant, stated that he applied for and received a curb
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cut from the State for the lot to the east, which he has recently purchased. He noted
that the permit has an ending date and that date has now elapsed; therefore, it was nec-
essary for him to construct the curb cut prior to completion of the processing of this ap-
pi ication. He stated that the westernmost curb cut is shared with the Western Heritage
Inn, through a verbal working agreement. He stated that the middle curb cut, for which
closure has been suggested, is necessary for adequate on-site traffic flow.
Mr. Huntsinger stated that he feels the requested deviation to the sign code is nec-
essary so that the sign is visible from the interstate, which is elevated above the subject
site, since attracting that traffic is important to his business. He noted that his proposed
sign meets the State law, which requires that the price be posted. He indicated it is the
new style sign, being similar in style and height to the new sign erected at the Mini Mart
at the corner of South 19th Avenue and West Main Street. He noted that when the trees
grow, the height of the sign will be minimized; and those trees will make the site more at-
tractive.
Responding to Commissioner Knapp, Mr. Huntsinger stated the building is 20 to 25
feet high.
Responding to Commissioner Swanson, Mr. Huntsinger stated he would accept the
requirement to establish ingress and egress curb cuts; however, he feels that to do so
would cause confusion and possibly increase the potential for traffic accidents. He noted
that the locals may become used to an ingress/egress situation; however, it could be
confusing to tourists and contribute to traffic problems an East Main Street.
Commissioner Swanson suggested a "right turn only" sign at the easternmost curb
cut might help to alleviate some traffic problems.
Mr. Huntsinger concurred that might be appropriate. He noted human tendencies
to take the path of least resistance, observing that approximately 90 percent of those us-
ing the easternmost driveway at the present time do turn right.
Mr. Riney Bennett, 1716 South Rouse Avenue, reminded the Commission that the
basis for acting upon deviations is whether approval will produce a landscape quality which
is superior to that required by the code. He then expressed concern that under this ap-
plication, the front yard setback would be decreased from the required 25 feet to 17 feet;
the rear yard setback would be decreased from 10 feet to 4 feet; and the on-site driving
aisle would be decreased from the required 25 feet to 17 feet.
Mr. Bennett further noted that under the code, the allowable height of the sign is
8 feet, with a maximum of 48 square feet of signage, increasing with every three feet back
from the curb to a maximum area of 120 square feet. He noted with its close proximity to
the curb, the proposed sign far exceeds the allowable square footage under the code. He
then observed that this application includes a sign which is four times the allowable height
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and three times the allowable size, questioning whether the increased landscaping is an ac-
ceptable trade-off. He also expressed concern about how well amortization of the sign will
be accepted once that process begins.
Mr. Bennett then concluded that, based upon all of the deviations being requested,
this proposal would result in the subject site being overbuilt. He reminded the Commission
that the parcel is located within an entryway overlay district; and he feels it is important
to limit deviations as much as possible.
Planning Director Epple clarified Mr. Bennett's comments, noting that a total of 120
square feet of signage is allowed under the code, including all facade-mounted and free-
standing signs.
City Manager Wysocki reminded the Commission that for applications approved re-
cently, one of the conditions on projects located close to potential traffic signals has been
participation in the costs of install ing the signal. He then suggested that it would be ap-
propriate to add such a condition to approval of this appl ication.
Responding to Commissioner Goehrung, the Planning Director stated that one condi-
tion of approval for the deviation to the signage requirements could be to require immedi-
ate compliance with the new zone code; or it could become subject to the amortization
schedule if the Commission so desires.
Responding to Commissioner Swanson, the Planning Director noted that he has
roughly estimated that the proposed landscaping is 20 percent greater than what is
required in the code. He noted that the 10-foot buffer strip in the back has been com-
pressed into a 4-foot strip; however, he feels that it will provide the desired result.
Commissioner Swanson suggested the possibility of requiring the installation of more
mature trees in an attempt to minimize the visual impacts of the requested deviations. He
expressed a desire to receive staff input on that suggestion as well as the possibility of
installing a IIright turn only" sign at the easternmost curb cut, elimination of the ingress/
egress proposal, and possible participation in the costs of installing a traffic signal at the
intersection of Highland Boulevard and East Main Street.
Mayor Hawks suggested the possibility of requiring the installation of sidewalks im-
mediately, as a part of the improvements to be completed under this application, rather
than the waiver of protest. He noted that the City is approaching the establishment of a
high priority list for the installation of sidewalks which includes East Main Street.
Mr. Huntsinger stated that he is willing to install sidewalks; however, he does not
wish to do so before the rest of the businesses along the street do so. He indicated that
he does not plan to install any of the landscaping in that right-of-way; and the costs of
installing a sidewalk at a later date should be no higher than they would be at this time.
Commissioner Frost expressed concern about the proposed sign and offsetting land-
08-20-90
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scaping, noting that to require more mature vegetation might be appropriate.
Mr. Corbin Ross, architect for the project, noted the costs in planting more mature
vegetation. He stated the applicant proposes to install 1 i-inch caliper trees, which cost
$75 per tree, while a 2i-inch caliper tree costs $250.
Mayor Hawks noted that without entryway guidelines in place, it is difficult to en-
vision the concepts. He suggested that when the vegetation on this site is mature, the
trees will be approximately 50 feet high while the building is 20 to 25 feet high and the
sign is 30 feet high. He then stated a personal interest in seeing the sign set as far back
from East Main Street as possible.
Mr. Huntsinger stated that he has carefully viewed the site and surrounding devel-
opment; and it is necessary to install the sign where proposed so it will be visible from
the interstate.
Commissioner Goehrung noted that in the past, the City has required a letter for-
malizing the arrangements for a shared access. He then suggested it may be appropriate
to require such a letter in conjunction with this application.
Mayor Hawks noted the Commission has raised a number of concerns. On that ba-
sis, he continued the public hearing to next week's meeting at 3:30 p.m.
Adjournment - 8:45 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 ad-
journed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung
and Mayor Hawks; those voting No, none.
08-20-90