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HomeMy WebLinkAbout1990-10-15 . ~i~' ., t'l " ., !~ h MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN , MONTANA October 15, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 15, 1990, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Knapp was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Swanson requested that the request for annexation from Gene Cook for Kay Martinen and George Westlake be removed. Mayor Hawks request- ed that the staff report re the intersection of South 7th Avenue and West Harrison Street be removed for discussion. Minutes - October 9, 1990 Mayor Hawks deferred action on the minutes of the regular meeting of October 9, 1990, for a period of one week, until Commissioner Knapp is present. Discussion - criteria for consideration of entryway overlay corridor applications - West Main Street corridor City Manager Wysocki reminded the Commissioners that they had requested this item be placed on the agenda. Assistant to the City Manager Ron Brey provided a brief background for this pro- cess. He reminded the Commissioners that these discussions are the direct result of a re- cent work session which included the Design Review Board members, at which the Commis- sion requested more information on the rationale for each ORB recommendation and at which the ORB members expressed a desire to receive Commission input on what they view as sensitive issues in the specific entryway overlay corridors. He noted that this Commis- sion input is to be provided through an identification of those sensitive and unique char- acteristics, rather than through a formal I isting of design review guidel ines. The Assistant then highlighted the provisions of the interim zoning ordinance. He noted that sign proposals within the overlay districts may either meet the standards set forth or be subject to the design review procedure. The design review process is to be conducted under the design objective plan for that specific area; however, those plans have not yet been developed. He stated the design objective plans are to be established for all areas of the community which may be impacted by signs; and those plans will not 10-15-90 It, f "-;- T ' . , - 2 - be implemented until after they have gone through the public hearing process and input has been received from those businesses affected by each plan. Once the design objective plans have been established, those with non-conforming signs will be given a period of one year in which to file an application requesting that the sign be retained and brought into compliance with the plan, based on design excellence, or to fall under the amortization schedule. The Assistant noted that the sign code section of the interim zoning ordinance is quite extensive, also providing for signs to either meet the standards set forth in the doc- ument or go through the deviation procedure. He then read the intent and purpose state- ments for this section of the code, noting that ensuring the quality of development, in- cluding signage, landscaping and access, are issues to be carefully considered and ade- quately addressed. He stated that general standards for the various entryway overlay corridors have been established; and the topography and other site specific issues are to be considered under each application. He further noted that the proposed improvements may not be disruptive to adjacent properties, again a consideration specific to different si tes. Assistant Brey then suggested that the Commissioners identify those characteristics of the various entryway overlay corridors that should be addressed specifically when re- viewing each request for deviation to the sign code regulations. He listed three items about which the staff is concerned in the West Main Street corridor, as follows: (1) the new design of the street when the U.S. 191 project is completed, will increase the facility from a two-lane to a four-lane roadway; (2) curb, gutter and sidewalks are to be installed on both sides of the newly-designed roadway west to the vicinity of the Main Mall; and (3) park areas exist in front of many of the car dealerships and the Pizza Hut on West Main Street. The Assistant then observed that much of the development along U. S. 191 has oc- curred under the 1977 zone code; therefore, significant setbacks have been provided. Commissioner Swanson led the Commission discussion, noting that he had divided the West Main Street entryway overlay corridor into three segments, the first extending from Cottonwood Road to West College Street; the second extending from West College Street to 19th Avenue; and the third extending from 19th Avenue to North 7th Avenue. Commissioner Swanson then took the Commission on a visual tour of that area, not- ing that West Main Street is basically a straight, flat street except for the curves near the Main Mall. As one travels east on U. S. 191/West Main Street from Cottonwood Road, the view provides an excellent example of the Master Plan language describing an agricultural floor with a backdrop of the Bridger Mountains. The area is basically one of agriculture and low-density residential development, with spectacular views of the Bridgers to the 10-15-90 i I ., 1; ~- . , T' , - 3 - north and the Hyalites and Spanish Peaks to the south. He noted that as one approaches the Main Mall and the curve, there is a chance to make a real nice statement, particularly with the elk on one side and the Main Mall on the other. He stated that, although the Main Mall is a large building, it is set back far enough from the roadway to create a feel- ing of openness in that entryway. Commissioner Swanson then entered the second third of the entryway, noting that much of the construction is fairly new; and the architecture is nice. He stated, however, that the signage detracts from the architectural integrity and quality of the buildings. He stated that the color, shapes and sizes of a majority of the signs are so confusing that one wants to focus on the roadway rather than the sights around. This distraction and con- fusion increase as one approaches the 19th Avenue intersection; and rather than looking at the views to the north and the south, one is tempted to look straight ahead to avoid that confusion. The Commissioner also noted that in this area, some properties are well main- tained while others are not; and it would be better if maintenance were more consistent. Commissioner Swanson then entered the final third of the corridor by moving west from North 7th Avenue to 19th Avenue. He noted that once again, there is a cluttered- ness which causes one to concentrate on what is ahead rather than looking to the sides. He stated that the extreme height of the signs around the intersection of West Main Street and 19th Avenue seems to occur because everybody else's signs are high, rather than from necessity or optimum appearance. The Commissioner stated that with the flatness of that area and the wideness of the road, those signs could be lowered substantially, enhancing the visual impacts without losing any of the benefits. Commissioner Swanson noted that the western portion of this corridor, as one nears Cottonwood Road, must be carefully protected to ensure that area maintains its beauty. He then stated that his entryway from the south and west is along Gooch Hill Road; and he encourages his visitors to use that route as well. He noted that suggests an implica- tion that the development along U.S. 191 to the west does not provide the best scenery or entryway; and care must be taken to avoid such blemishes in the area from Cottonwood Road toward town. Commissioner Frost stated concurrence with Commissioner Swanson's comments. He then noted that he would support requirements for screening and parking behind busi- nesses wherever possible along this corridor. He noted that if fairly tall signs are allowed in this corridor, they should be located a substantial distance from the roadway. He in- dicated that this corridor is an ideal place for low- to medium-height signs. He also noted that horizontal signs clutter the horizon; and that situation should be avoided whenever possible. The Commissioner noted that the tall signs around the intersection of 19th Ave- nue and West Main Street is a prime example of how bad they can look, and what the Com- 10-15-90 i ~. 1 , , ' , i - 4 - mission is trying to get away from. He then noted it is difficult to make decisions without knowing what the profile of the highway is to be. Commissioner Goehrung stated he had identified points very similar to Commissioner Swanson's. He noted that as one moves from the downtown, where buildings are located close to the road, an openness begins to occur around the high school with buildings be- ing set further back from the road. He noted that as one passes Cottonwood Road, the area really opens up. Commissioner Goehrung stated it is important to maintain a nice transition from the openness west of the community to the downtown area. He advocated that increased atten- tion be given to landscaping andsignage, possibly using vertical landscaping in some places to screen buildings while playing on open space in other areas. He suggested that strategically placed vertical screening could help dramatically to define the roadway. Commissioner Frost noted that vertical landscaping could be used to help break up large paved surfaces also, such as the parking lot at Main Mall. Mayor Hawks stated full agreement with all the comments which have been made. He then emphasized the distractions that are caused by the inconsistent maintenance of properties along the roadway, as well as the public rights-of-way, especially from North 7th Avenue to 19th Avenue. Mayor Hawks suggested that signs from Cottonwood Road to Main Mall should have a skyline reference; and they should be low enough that there is a visual space between the top of the sign and the skyline. He further noted that all signs should be integrated with the structures involved. The Mayor then emphasized that landscaping should be clustered; and vertical veg- etation should be utilized whenever possible. He noted that this will break up the hard surfaces and give each business its best look. He also noted that the landscaping will not interfere with signage if properly done. Commissioner Swanson observed the difference between this subject corridor and the Bridger! Rouse corridor. He noted that the Bridger! Rouse corridor is heavily residential and industrial; while the West Main Street corridor is agricultural and commercial in na- ture. He noted, however, that both corridors share the same general backdrop. Commissioner Frost noted the difference is scale along the two corridors, noting that West Main Street is a four-lane roadway with a substantial openness; and the Bridger! Rouse corridor is basically a two-lane county road. Mayor Hawks noted that many of the structures are on the same scale as the road- ways. Mayor Hawks then noted that as one travels west out of the city on West Main Street, the primary impression is one of flat open space. He noted that not only is the 10-15-90 j, i 'i .. , ' /, - 5 - road flat, but most of the buildings are set back from the roadway, furthering the appearance of flatness. He stated that appearance must be recognized when fitting signs into that facade. The Commissioners then briefly reviewed the three issues which Assistant to the City Manager Ron Brey has submitted, concurring those items should definitely be con- sidered when reviewing proposals within this entryway overlay corridor. The Commission established the North 7th Avenue entryway corridor for consid- eration at next week's meeting. They also indicated a desire to conduct a tour of that corridor on Sunday, in preparation for Monday's meeting. Acknowledge receipt of and approve staff report re intersection of South 7th Avenue and West Harrison Street The City Manager reminded the Commissioners that Mayor Hawks had requested that this item be removed from the Consent Items for discussion. He then submitted to the Commission a memo from Oirector of Public Service Phill Forbes dated October 11, 1990. He noted that in that memo, the Oirector recommends that stop signs be installed on West Harrison Street at South 7th Avenue, based on the statistical information provided through the use of traffic counters. Mayor Hawks stated surprise at the amount of traffic moving south on South 7th Avenue. He noted that one of the main complaints expressed by residents in that area with small children is the speeding factor. He then asked what impact the placement of stop signs on West Harrison Street will have on traffic speeding along South 7th Avenue. The Oirector of Public Service stated that stop signs should not be used for speed control, noting that they are effective in controlling speed only within 200 feet. He then noted that the statistical data collected reveals that a majority of the speeding occurs dur- ing those daylight hours when traffic through the intersection is light; and that speeding generally occurs on the south leg of the intersection. He then stated he does not antici- pate that the placement of stop signs on West Harrison Street will encourage additional speeding on South 7th Avenue. The Oirector stated, however, that the stop signs should eliminate the one problem which brought this issue to the fore, that being the accident rate at that intersection. Mayor Hawks stated an interest In conducting another study after the stop signs are installed and people are used to the change to determine the amount of speeding through that intersection. Director of Public Service Forbes stated that he anticipates that by the time the signs have been installed and people are used to the new situation, snow will be on the ground, and it will be difficult to conduct a speed study. He then suggested that a fol- 10-15-90 / - 6 - low-up study could effectively be conducted in the spring. Commissioner Swanson suggested that the speed limit be aggressively enforced for a ! period immediately after the stop signs are:; installed, so that the area gets the reputation of being a good place to get a speeding ticket. He noted this could help to alleviate po- tential for speeding along South 7th Avenue. Commissioner Frost noted that on three of seven days when he was walking to cam- pus, he noted illegally parked cars at that intersection. He then suggested aggressive enforcement of the parking regulations could help to alleviate that problem. The City Manager indicated he will forward those recommendations for enforcement to the Chief of Police. The Oirector of Public Service stated his intention to install the stop signs on West Harrison Street as soon as possible; the Commission concurred. Request for renaming of the UCT Building located at 1102 East Curtiss Street City Manager Wysocki submitted to the Commission a memo from the Recreation and Parks Advisory Board, dated September 12, 1990, requesting that the name of the building at 1102 East Curtiss Street be changed. The City Manager noted that the Board has rec- ommended that the name be changed to the "Lindley Park Recreation Center;" however, he noted support for Mayor Hawks' suggestion of "Lindley Center," which was submitted at last week's work session. Commissioner Frost stated support for including "Lindley Park" in the name, noting that provides a geographic reference for the structure. Commissioner Swanson indicated he feels the name "Recreation" should be deleted from the name, particularly in light of Commissioner Knapp's comments about the concern that the public has that this facility will become a recreation facility and will no longer be available for public use. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission change the name of the building located at 1102 East Curtiss Street from "UCT Building" to "Lindley Park Center." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. The City Manager reminded the Commissioners that Commissioner Swanson had re- quested this item be removed from the Consent Items for discussion. Commissioner Swanson expressed concern about the response to one of the questions 10-15-90 j i j~ - 7 - on the application form. He noted that with the response given, it appears that the applicant is not willing to install sidewalks until after the property has been developed; and he feels that response is in conflict with the City's sidewalk policy. The City Manager reminded the Commissioners that this item has been placed on the agenda so they could acknowledge receipt of this request and refer it to staff to complete a staff report for Commission action. He noted that this application reflects the develop- er1s response to the question. He stated, however, that the City's policy will take priori- ty over this response if it becomes necessary to install sidewalks before the property is developed. The City Manager then recommended that the Commission acknowledge receipt of this request for annexation and refer it to staff. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission acknowledge receipt of the request for annexation submitted by Gene Cook for Kay Martinen and George Westlake for approximately 6.5 acres generally bounded by West Oak Street, North 7th Avenue and Baxter Road extended, and refer it to staff for review and a report to be submitted back to the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Goehrung and Mayor Hawks; those voting No, none. Pledged Securities as of September 30, 1990 In compliance with the provisions of Section 7-6-201 to 7-6-212, M.C.A., Commis- sioner Knapp and Commissioner Goehrung have examined the receipts of Depository Bonds and Pledged Securities held by the Oirector of Finance as security for City funds deposit- ed in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Swanson, seconded by Commissioner Frost, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of September 30, 1990, and a listing of these be set forth as follows: DEPOSITORY BONOS AND SECURITIES SEPTEMBER 30, 1990 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FI RST SECURITY BANK - Bozeman Federal Oeposit Insurance Corporation Trusteed with United Bank of Denver: $ 100,000.00 Minn. Hgs. Fin. Ag. Blaine Minn. GO Tax Incr. 9.10 02101/93 02/01/97 144337 100,000.00 8.10 478054 100,000.00 10-15-90 f.., / - 8 - Saint Cloud, Minn. GO Rfdg 8.25 02/01/97 03/15/95 478625 100,000.00 Federal Farm Credit Banks 8.80 924522 500,000.00 Sub- Total - First Security Bank - Bozeman $ 800,000.00 Pledging Amendment to Repurchase Agreement: Trusteed with United Bank of Oenver: Student loan Marketing Assn U.S. Treasury Note Variable 08/24/92 891589 $1,000,000.00 300,000.00 9.75 03/31/91 818226 Trusteed with American National Bank and Trust Co. of St. Paul: Federal National Mortgage Assn 8.90 02/10/95 664755 500,000.00 $1,800,000.00 Sub- Total - Repurchase Agreement TOTAL - First Security Bank - Bozeman $2,600,000.00 MONTANA BAN K - Bozeman Federal Oeposit Insurance Corporation $ 100,000.00 Trusteed with Federal Reserve Bank of Minneapolis: Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 5.20 01/01/96 H943 120,000.00 $ 177,000.00 Flathead Co. SO #44 (Whitefish) TOTAL - Montana Bank - Bozeman This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M. C. A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the American Bank and Trust Company of St. Paul and the United Bank of Oenver for the Depository Bonds held by the Director of Finance as secu- rity, for the deposit for the City of Bozeman funds as of September 30, 1990, by the sev- eral banks of Bozeman and approve and accept the same. ROBERT l. HAWKS, Mayor JOE N. FROST, Commissioner JAMES L. GOEHRUNG, Commissioner BEVERLY H. KNAPP, Commissioner TIMOTHY SWANSON, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Frost, Commissioner Goehrung and Mayor Hawks; those voting 10-15-90 .. .I .;.., - 9 - ~ No, none. Discussion - appointments to Commission's round table The City Manager submitted to the Commission a memo dated October 12, 1990, from the Clerk of the Commission listing those names which the Commissioners have submitted for possible appointment to the Commission's round table. He then submitted to the Com- mission a memo dated October 12, outlining possible dates for meetings of the round table with various groups to discuss potential legislation for the upcoming session. Mayor Hawks briefly highl ighted the purpose of creating a round table, noting that rl r (: ,.") /---7 .~, it helps to establish a broader base9!b:ommunication of the 6ity( H;noted that the initial concerns to be addressed will pertain to legislation; however, he projected that this group will be involved in on-going discussions about various issues throughout the year. 10-15-90 The Mayor then stated that he feels it is important that the group be broad based, representing the major elements of the community. He then reviewed the background of each of the sixteen individuals listed, suggesting that names of additional persons be sub- mitted to include an attorney, someone with a strong rural interest (ranching/farming), someone from the Chamber of Commerce, a County Commissioner and another person from the banking industry. The Mayor noted that the entry "participants of Leadership Bozeman I, I I and I I I" provides a potential pool of persons that could be utilized on a rotating basis. Commissioner Goehrung suggested that the public schools be included, as well as someone from the environmental groups in the community. The City Manager suggested it may be beneficial to include someone from the North 7th Avenue business district, someone from the Hospital or the AMA, and someone from the Tavern Owners' Association. Commissioner Frost noted that he was unable to contact some of those whose names he had submitted; the other Commissioners noted they had encountered similar problems. The City Manager then suggested that the Commissioners use this upcoming week to contact those whose names they have submitted as well as prepare a supplemental listing of individuals to be considered for appointment to the Commission's round table. The Commissioners then divided the list of groups among themselves, with those ad- ditional names to be considered as a part of the pool at next week's meeting. City Manager Wysocki then asked the Commission to review the proposed schedule of meetings as contained in his memo. He suggested that in anticipation of the first meeting, each Commissioner may wish to become versed on two or three of the proposed legislative items, so they can comprehensively address each item. He also suggested the Commission- ers identify any pieces of legislation which they feel Bozeman should pursue during the .. " , - 10 - legislative session and be prepared to discuss those items at the first meeting as well. Following a brief discussion, the Commissioners tentatively accepted the schedule as proposed. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Letter from Peg Hileman, dated October 6, 1990, indicating she will be out of town for approximately two months and suggesting that she possibly should be replaced on the Senior Citizen Advisory Board. Mayor Hawks indicated that he is personally willing to have her remain on that board; Commissioner Frost stated concurrence. Commissioner Swanson suggested that the other Board members be asked how they feel, with a response to be submitted at next week's Commission meeting for consideration. The Commission concurred; and the Mayor requested that this item be placed on next week's agenda. (2) Copy of the notice of public hearing on the final draft of the 1990 Bozeman Area Master Plan Update, scheduled for 7:00 p.m. on October 22 before the City Commis- sion. (3) , Agenda and packet for the City-County Planning Board meeting to be held tomorrow night at 7:00 p.m. in the Commission Room. (4) Memo dated October 12, 1990, announcing the tour of the entryway corridors which was conducted at 3: 30 p.m. on Sunday. (5) The City Manager distributed a copy of the survey which is to be sent to a randomly selected group of property owners regarding the solid waste collection system. He reminded the Commission that this is the first step in changing the method of assess- ment. Commissioner Goehrung stated that he has met with Administrative Services Director Gamradt and Oirector of Public Service Forbes during initial drafting of this survey. He then briefly highl ighted some of the questions, noting that many of them pertain to the individual1s disposal habits, while others seek input on the type of garbage collection sys- tem they prefer. The Commissioner noted that the first three pages include questions to be answered and returned, while the last two pages include supplemental information. These pages may be retained by the Individual completing the survey for future reference. Commissioner Goehrungstated that 200 to 225 responses are desired; therefore, 300 to 400 questionnaires will be mailed out. He noted that after responses have been received to the initial mailing, a fOllOW-Up mailing will be sent to those not responding. He 10-15-90 ~ "'i. "" . . . " , - 11 - 10-15-90 10-15-90 < I ,. i <;). .- . , f . ,"'..... - 12 - residents. He noted that if those funds are indeed used, the City residents will in es- sence be paying for half of the County's share as well as all of the City's share of the costs. Commissioner Goehrung noted that the costs could be split based on a number of variables. He suggested, however, that the costs be split SO/50 on this phase, with the basis of funding for future phases to be discussed prior to beginning those phases. The City Manager reminded the Commission that an amount has been budgeted to cover the costs of Phase I of this project. (8) Commissioner Goehrung then submitted the folloWing. (1) Will be involved in the presentation at Leadership Bozeman "Ion Thursday. (2) Talked with the recycling groups, who have identified those who are to participate in the workshop in Billings. He stated it appears that five representatives from those groups will be attending; and they plan to approach Waste Management and the Human Resource Development Council in an at- tempt to get the additional funding for the fifth individual. He indicated that the City will be responsible for the costs incurred by him and the staff personnel who will be attend- ing. (9) Commissioner Swanson submitted the following. (1) Met with a group of col- lege students who are studying Peet's Hill for possible handicapped access. (2) Looked at the Lindley Park Center on Thursday, and Is impressed with the renovation. (3) Looked at Jarrett Park, noting it looks fantastic with the trees. (4) Met with Senator Max Baucus on Saturday regarding the North 19th Avenue interchange. He noted the committee deci- sion is to be made at 4:00p.m. tomorrow. (5) Distributed to the Commissioners copies of an article from the October 3, 1990 edition of the Wall Street Journal entitled "Cynicism Reigns in California Among Electorate. II (6) Suggested that the City develop question- naires for public input on how the City is being managed. He suggested that feedback concerning the effectiveness of City government could be useful to the Commission. Mayor Hawks responded the City should begin distribution of a newsletter before it does ques- tlonnaires. (10) Mayor Hawks noted that he also met with Senator Baucus on Saturday. (11) City Attorney Becker stated that the Department of Health and Environmental Sciences contacted him Friday concerning the asbestos pile along the Montana Rail Link right-of-way. He stated it has been determined that a portion of that pile is located on the Front Street right-of-way; therefore, the City may be liable for that clean-up. He indicated that to date the City has received no official notification; however, he projected notice may be forthcoming this week. . I ,.,~ j ~' ,.... - 13 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Christmas Stroll - - "National Cosmetology Month" - October 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Consent Items be approved as listed, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commis- sioner Swanson and Mayor Hawks; those voting No, none. Adjournment - 5:19 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 Goehrung and Mayor Hawks; those voting No, none. 10-15-90