HomeMy WebLinkAbout1990-12-03 MinutesMINUTES OF THE MEETING OF THE CITY C0MwyS5(0M
BOZEMAN
December 3 1090
The Commission of the City of B,ozoman met in regular session in the Commission
Room, Municipal Building, December s, 1990, at 3:30 p.m. Present were Mayor Hawks
Commissioner GnehrunQ^ 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 - November ly and November zs 79e0
It was moved by Commissioner Cnehrung seconded by Commissioner Frost, that the
miovm,o for the regular meeting of November |y be approved as submitted and minutes of
the regular meeting of November 26 1990 be approved as amend*d. The motion carried by
the hnUo*/ng Ay* and No vote: those voting Ay* being Commissioner Goehrung Commis-
sioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting
No' none.
Decision Conditional Use Permit Michael J Lilly for High R idge
allow construction of a golf course on a portion of Section 32, T2S, R6E, MPM (east of
Sourdou2h Road and one mile south of Goldenstein Lane)
This was the time and the place set for the decision: on the Conditional Use Permit
requested by Michael J. Lilly for High Ridge Estates of Montana to allow construction of a
goffcvvrse on a portion of Section sz Township z South, Range a East Montana Principal
Meridian. The subject property is more commonly described as being located east of Sour-
dough Road and one mile south of �Gv/damotein Lan*.
City Manager Wysocki briefly reviewed the items for consideration in approval of a
conditional use permit, along with a suggested format for evaluation of the application.
Commissioner Knapp expressed concern about the apparent contradiction between
designating the golf course as open space, and then fencing it because of concerns about
the wildlife.
Mayor Hawks noted that the Commission Must ultimately make its decision within the
broad framework of addressing the public health, safety and' *:|fsrc. He then stated that
his analysis of the staff input and advisory board input an well as the public testimony
rcocivud, reveals that the transportation network is of highest importance. He noted that
in the early 1880 there was a moratorium on development in the area immediately south.-
east of the city until after improvements to the transportation system had been made.
The Mayor stated that he feels the City is "once again up against the waif" on
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transpvrtativn in this sector of the community and jurisdictional area. He also noted that
the broader picture must be considered; and that includes three other p,rnpoacd projects
immediately adjacent to this subject site which will serve to compound the problem and the
issues at hand. The Mayor stated that because of this situation, he feels it would be
better to address the entire area and' its needs through a transportation study rather
than on a piecemeal approach, as has been done in the past.
Commissioner Frost stated concurrence with the Mayor's comments. He then noted
that the traffic issues addressed by the County Commission do not include any City
streets. He also indicated that a transportation study is only the first step in addressing
the [nouw.
Commissioner Swanson raised the issue of adequate water supply for the golf
course. He noted that the quality of water and the potential impact that wells for irriga-
tion of the golf course, if Limestone Creek does not provide a sufficient water may have
on surrounding residential development are of utmost concern and importance.
Commissioner Knapp stated that in addition to ensuring no adverse affects on the
waOa in that area, she is also concerned about protecting the existing Lbncsmno Creek
ytroambed.
Mayor Hawks d`cn stated he finds the issues of transportation and water to be not
adequately addressed; and he feels that is of sufficient concern to vote against approval of
this proposed portion of the golf course which lies within the City's jurisdictional area.
The Mayor noted, however, that this application has a good side noting that it has
brought the traffic problems in this immediate area to light just prior to beginning of the
transportation study. He suggested that this sector of the community and surrounding
area should be the |n/Ua| thrust of the study so that steps can he taken to address these
issues as quickly as possible.
It was moved by Commissioner Frost, seconded by Commissioner Swanson' that the
Commission deny the Conditional Use Permit requested by Michael J. Lilly for High Ridge
Estates of Montana to allow construction of that portion of a golf course lying within the
City's jurisdictional area, on a portion of Section 32 Township z South, Range a East
Montana Principal Meridian. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp' Com-
missioner Goehrung and Mayor Hawks; those voting No, none.
Commissioner Frost asked about implementing joint efforts between the City and
County to address the transportation problems in this area, suggesting such a process
could he started by a mooting between the two governing bodies.
Mayor Hawks reminded the Commission that the Transportation Coordinating Commit-
tee has appointed a sub-committee comprised of County Commissioner Jane Jelinski, himself
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as Mayor and Chairman of the City-Count/ Planning Board Roger Craft to discuss some of
these concerns; and the initial meeting has been sot for December 19' He then asked if
the full Commissions should be involved in the initial discussions.
Commissioner Knapp stated she does not fum| the full Commissions need to be in-
volved in the preliminary discussions but should be as guidelines and parameters for the
transportation study are developed.
City Manager Wysocki stated he feels it is desirable for the two Commissions to meet
and provide direction for the sub-committee. He then suggested that an intrr|oca[ agree-
ment between the two bodies concerning ro8o/atino and review of development in the juris-
dictional area might also address this issue. The City Manager then expressed frustration
with the current process under which the City Commission is considering only four holes
of a golf course, which is only a small part of the whole project which is being reviewed
by the County Commission.
ap-
proval of the preliminary plat for this development do not address the traffic impacts on
South Church Avenue north of Kagy Boulevard. He then stated that the total picture
must be carefully reviewed, not just those roadways lying in the County during this type
of review.
Staff update re status of zone code - Assistant hc City Manager Ron B rey
Assistant to the City Manager Ron Drey outlined the various =|=m=nta of this up-
date' which include a proposed process for finalizing of the zone code; issues covered to
date/ and guidance on specific controversial issues.
Com-
mission with an update no Monday or one week, and the following Tuesday, make that same
report to the City-County Planning Board. He noted that will allow them an opportunity
to gather the Commission's comments together and submit them as a part of the report to
the Board. The Assistant stated that while the Commission and the Board are addressing
those controversial issues and developing guidance for staff he and the Planning Director
can continue with the non-controversial revisions to the zone code. He then indicated that
the regular update process will begin at next week's Commission meeting, with those com-
ments being forwarded to the Board at their meeting the following weok-
Assistant Brey stated that during the summer and early fall, staff received policy
diractioo from the Planning Board; and that direction resulted in revisions ranging from
slight administrative procedural changes to the necessity for mamr revisions to sections of
the zone code. He stated that to date he and the Director have been making revisions
based on the marginal notes in the interim zoning ordinance, noting that many of those
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revisions pertain to definitions and use lists for the specific zoning districts. He noted
that the revisions to date have not changed any policy, but have more clearly described
those provisions. He noted that changes in definitions include a revision of the single
`'open space" definition, so it now reflects the numerous types of open space possible, as
well as a revision to the "water e^orsa" definition.
Commissioner Goehrumg asked if the revisions are being prepared through use of
strike-oots and underlining so that the changes are readily identified.
The Assistant responded that for the most part' that process will be utilized. He
noted, however, that sections like the planned unit development will be totally rewritten
rather using that method.
Assistant Brey then highlighted some or the administrative issues which they have
encountered, such as the need to change reference to county zoning in the area outside
the city limits, since a substantial portion of that area contains a city suburban desig-
nation. He also noted that expansion of the zoning jurisdictional boundary is another is-
sue to address, particularly since that boundary has not been extended to correspond with
oun*xaunus for the past several years.
Mayor Hawks asked if reference to the City's annexation policy will be included in
the zone code.
The Assistant responded that while the zone code may not specifically refer to the
annexation policy, he wilt unsure that it coordinates with that policy.
Responding to questions from the Commissioners, the Assistant indicated that some
type of procedure for extension of the zoning jurisdictional boundary is needed. He noted
that procedure could range from an automatic extension of the boundary with each
annexation to the necessity to formally act on each extension. He further noted that the
policy for such boundary extensions should be developed in concert with the County Com-
mission, to avoid potential problems in the future.
Assistant to the City Manager Brey stated that he and the Planning Director have
almost completed a review of the district regulations. He noted that changes to that sec-
tion include the relocation of some setback requirements from an obscure portion of the
ovdw to each individual zoning district so they are readily available. He also noted that
various references were made to accessory uses in the different districts; and consistency
in that reference is proposed. The Assistant stated that they have also addressed the /s-
sue of requiring central water and sewer in the various districts deciding to not include
commercial development outside city limits in that requirement.
Planning Director Epp|o reminded the Commission of the three residential develop-
ment options available in the City's sewer service area' which include one unit per twenty
acres; clustered development on a minimum of 25 acres and based on a sliding scale uen-
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sity depending opnm amenities provided; and the planned unit development process, under
which at least so percent must remain in open space and central water and/or sewer is pro-
vided.
Assistant Brey stated that the intent statement of the R—O Residential--Office, dis-
trict and the use list have been revised to create emphasis on office development with res-
idential use being secondary. He suggested that since the role of this district has been
so dramatically revised, it may be appropriate to reverse the district designation.
The Assistant highlighted other revisions in specified zoning districts including
language revisions in the M-z section to more clearly reflect the intent and provisions for
the district. He also noted proposed changes to the HMU district, to include provision for
an existing mixture of uses not permissible under a single zoning district, as well as the
requirement that the subject area be in multiple vwnarship. He stated there are numerous
changes to the R_MH district, to provide for |c*s which are practical for mvb/|a homes. He
noted that numerous changes are anticipated in the neighborhood conservation overlay dis-
tricts as well as some in the historic preservation districts.
Assistant to the City Manager Br*y stated one issue which needs to be addressed
by the Commission and the Board concerns the planned unit development chavu,r, noting
one suggestion is that the Commission be asked to conceptually approve a proposed project
before plans are drawn and the formal review process is bwgun. He noted that any con-
ceptual approval could not be construed as an automatic approval for the pro/act later in
the process. He noted another proposed change will pertain to the landscaping require-
ments, which would be written in the same manner as the sign code. This would include a
requirement for quite extensive landscaping, with a provision for deviations based on ex-
cellence in design.
The Assistant stated that re-use of existing facilities as multiple uses will result in
the requirement that existing code requirements be met over a period of time depending
on the intensity of the redeveippment. He noted another issue to be addressed is the sign
code. He noted that one of the most current trends is to base the amount of signago on
the size of the ht or its frontage, with little regard to the type of sign.
Responding to Mayor Hawks, the Assistant stated that the planned unit development
section of the code will establish minimum standards and provide for design uonus,s. He
stated that the point system will be dropped from the code.
Commissioner Swanson asked if a list of questions will be |oc|uueu in next week's
packet so the Commission can provide the desired feedback.
The Assistant repvnded that he can provide such a list.
Planning Director Epp(e suggested that the Commission may wish to consider a
streamlining approach which would allow those projects in non-overlay areas meeting the
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various standards nm forth in the code to follow a "fast track" process through staff with
no DKC or DRB review. He noted this could speed the process considerably and allow for
timely issuance of the needed permits; and the time-consuming process could be utilized
for those projects where deviations from the standards are being sought.
Report re status of Life Li improvements Tom Anack
City Manager Wysocki stated that Commissioner Frost had requested this item be
placed on the agenda,
Mr. Tom Anacker' attorney representing Life Unh provided e status report on the
installation of improvements for the Life Link project. He reminded the Commission that
the City and Life Link entered into an agreement on January 15 1990 establishing a
ycuod"ie for installation of specified improvements for the Life Link project, located on
8uffine Lane. He noted that the dmv(ine for installation of sanitary sewer system was to
be triggered either by receipt of approval from the State Department of Health or April
15 1990 whichever came later. He noted that a 120-day construction period was to be
provided, with time provided for *inter weather.
88r' Anacker stated that on April 13 1990 approval of the design for the sanitary
sewer was given by the Department of Health, with the stipulation that on changes be
lo-
cation of the new highway right-of-way is not known; and it appears that some of the san-
itary sewer system could be located within that right-of-way under the approved plans.
Mr. Anacker briefly reviewed the changes in right-of-way that have occurred re-
cently. He noted that shortly after the January 15 1990 signing of the agreement, the
Montana Department of Highways plans called for a 125-font right-of-way from the center-
line, to include a frontage road' Shortly thereafter the frontage road concept was
dropped; and on February o ' 1990 the Highway Department communicated to Life Link
that the right-of-way would be rs to luo feet. On February 15 they indicated that the
width was adjusted to xo feet/ and on March s it was adjusted back to yn foot. In May
width or the right-of-way was adjusted back to VV feet,
Mr. Tom Anacker stated that at the present time, the Highway Department is con-
sidering relocation of the approaches for this property. He suggested that the relocation
of those approaches could also dramatically impact the current plans for the storm drainage
and sanitary sewer systems. He stated that, given the potential changes which cnv|u im-
pact how the site plan is revised, it would be best to wait until all of the facts are known
before Life Link is required to prepare the revised plan. He noted that these potential
right-of-way and approach changes may dramatically affect the manner in which the build-
ing is oriented and expanded in the future.
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Mr, Anacker then reminded the Commission that Life Link moved to Bozeman with
the ass/stance of a CDBO loan; and the firm has provided the number of low- and moder-
ate-income jobs it had projected' He stated it is their intent to men~ the conditions of ap-
proval for the subject location; however, they are not in a position to do so until the
right-of-way issue is resolved. He noted that the company has expanded since its relo-
cation; and the operation is now divided into three physical locations in and around
Bozeman. He noted that they have pursued gathering cost estimates for construction of a
new facility as well as remodeling of an existing facility within the city limits.
Mr. Anacker stated that as of this dam:' the company is in compliance with the im-
provements agreement which it entered into with the City. He then stated that even as of
this date, the final right-of-way has not been set for the roadway. He noted, however,
that the Highway Department plans to begin the right-of-way acquisition process in Janu-
ary or February 1991. He then requested that the Commission not require Life Link to
proceed any further with possible revision of the plans for the on-site improvements, in-
cluding the sanitary sewer system, until after the right-of-way acquisition adjacent to this
property has beem completed; and the actual property line has been established,
Mr. Dave Robinson, vice President of Operations for Life Link, stated the company
fully intends to make the improvements included in the signed agreement; however they
cannot do so at this time, because of all the uncertainties involved.
Mr. Tom Anacker then stated that installation of a drain curtain was required to
lower the groundwater level so an effective sanitary sewer system can be installed. He
then noted that potential widening of the highway right-of-way will impact the location of
the required setbacks, which could then impact the parking area and landscape design as
well as the potential expansion of the building, as well as the sanitary sewer system and
draiufie|da.
Responding to questions from Commissioner Frost, the City Attorney stated that the
applicant has two years from the data of apprnva|, in this case April /s 1980 in which to
complete installation of the sanitary sewer improvements or a new application will he
required.
Responding to Mayor Bawks, Mr. Anacker stated that the information received from
the State Highway Department includes both ,*rua| and written communication.
Mr. Robinson stated that Life Link's position at this time is that they are not will'-
ing to waste time and money on redesigning the nrn]*ot until the State has finalized the
right-of-way line; and the company has a check in hand for the right-of-way acquisition
because of the vacillation that has occurred to date.
Mayor Hawks thanked Mr. Anacker and Mr. Robinson for providing this update.
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Continued discussion hiring or urban design i in Planni
The City Manager reminded the Commission that they had requested this item be
placed on the agenda.
Commissioner Frost suggested the City has two options for completing the develop-
ment guidelines, one is to contract with n firm and one is to hire an individual. He sug-
gested that the City solicit proposals through an advertisement which would a|/ow both
firms and individuals to respond, then make the determination on how to proceed.
Mayor Hawks suggested that such a request for qualifications could center around
that individual or firm working with the existing Planning staff member who has expertise
in the design area. The Mayor then stated he feels this process should be Placed on the
"fast track" at least until the City has something concrete to work with until the final
product can be implemented. He noted that an outside consultant could provide a suggest-
ed structure and provide the skeletal document to be completed on v local level. He sug-
gested that process should take no more than several months,
Commissioner Frost expressed interest in hiring a design person whose job would be
strictly to coordinate and finalize this process.
Mayor Hawks rioted that, given the City's experience in the planning and zoning
processes, he feels that the process could be slightly refined and result in a product that
can he viewed as a good investment. He stated he feels it is important for staff and advi-
sory bodies to have input into the document, yo that it reflects the community's desires as
well as the consultant's expertise.
Commissioner Knapp questioned how this process will coincide with the process cur-
rently being utilized by Assistant to the City Manager Brey and Planning Director Eppfe in
their finalization of the zone code.
Assistant Brcy stated that some of the policy questions will be very closely linked;
and in other ways preparation of the documents can move indcpmmdont|v. He noted that
the scope of the design overlay plans will not be limited to the overlay districts, but to
any areas of design concern in the community. He suggested that if policy issues for the
most important design questions can be resolved in a timely manner, the request for quali-
fications could proceed simultaneously with finalization of the code.
Commissioner Frost asked if the zone code could be finalized, with any needed re-
visions to the cod* being nmdo after its adoption; the Assistant responded that would be
possible.
Responding to Commissioner Knapp, the Assistant stated that if staff and the Com-
mission concentrated on addressing the policy issues surrounding the development guide-
lines, a general policy on that one issue could be generated within sixty days.
Commissioner Swanson noted that Commissioner ouchrung has questioned whether
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the City should proceed with this project, given the concerns he has about the existing
code. He stated, however, that he feels the product of this action could become a too] to
help the Commission make better decisions for several years. He also indicated he does
not want to be making decisions two years from now with no design objective plans to as-
sist in the decision-making process. He then asked if the design person currently on
staff could be the liaison with the consultant, rather than hiring another individual.
Planning Director Epp|e responded that the current staff member has been hired to
help with the current workload; and all of the existing staff members have heavy work-
loads at this time. He also noted that one of the staff members will be off for three
months this winter, when the workload should be lighter, to work on his master's degree.
The Director further noted that his time will be consumed with work on the zone code as
welt as working with the consultant on the transportation y|au' so he will be unable to ad-
dress current planning issues.
City Manager Wysocki reminded the Commission that during the budgeting process,
they added monies to fund an additional staff member specifically for the design objective
plans.
Mayor Hawks stated that a review of other cities' experiences in developing this
type of document has revealed that it is typically a long, drawn-out process particularly
if someone is not retained to concentrate on implementation of the document.
Planning Director Epp|e stated that care must be token to involve the various com-
mercial neighborhoods in preparation of these plans, noting that he has identified six sep-
arate and distinct neighborhoods. He noted that to hold meetings and discuss various
options with each of these neighborhoods and to prepare drafts for further review will be
a full-time job for one person for quite an extended period of time. He noted that the ad-
vantages of using * consultant include |aay distraction by the day-to-day activities of the
office.
The Planning Director then suggested that' given the Commission's concerns, it may
be beneficial to establish criteria for design excellence under the rewritten zone code, with
finalization of the design objective plans and accompanying illustrations to be done at a
later date.
Responding to the Mayor, the Director indicated that he and Assistant to the City
Manager Brey could prepare the criteria, with substantial direction from the Design Review
Board the City-County Planning Board and the City Commission. He noted that informa-
tion could then be included' in the finalized zone code. He then suggested that one ap-
proach might be to establish specific standards, with a deviation process for those who
wish to scwu exceptions, similar to the existing sign code.
Mayor Hawks stated be has no problem with developing some generic guidelines and
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a framework within which the design review individuals can make more consistent rec-
vmmenclsmivnn which are in the best interests of the community. He then stated he is not
opposed to this type of proposal; however, he stated it does have its limitations.
Commissioner Frost asked about the possibility of acquiring some short-term help to
assist in development of the criteria, rather than adding to the workload for finalization of
the zone code.
Planning Director Erp|a indicated that he will be meeting with both the Design Re-
view Board and the Planning Board tomorrow; and he will discuss this issue with them.
Commissioner Swanson noted that the Commission has mmdo extensive comments on
the various overlay corridors; and the testimony received during the master plan process
provides additional imput on how the community wishes to see those areas dove|up. He al-
so noted there is professional assistance on the oRB. The Commissioner then suggested
that gathering the written information together would provide much of the raw data needed
to prepare the initial draft documents for this process. He also suggested that to submit
e summary of those comments to the applicant could help him to prepare a project that
xwoW address those comccros.
Planning Director Epp/e concurred there is a substantial amount of raw data avail-
able that has not been pulled together, from which the criteria could be mstab|/shed.
Mayor Hawks noted that the public has submitted its comments on various occasions
throughout the planning update process. He then expressed concern about soliciting addi-
tional puh|/o comment, particularly since the City has received its direction through previ-
ously submitted oommmnts.
Responding to questions from Assistant Br,y' Commissioner Swanson stated he feels
the generic criteria established based on the input received to date from the various
sources would create an initial tool for planning projects in the overlay corridors. He not-
ed that the process of developing the full-blown design objective plans could then contin-
ue, taking the projected eighteen months, to two years to complete, while allowing the Com-
mission a mechanism by which to make more consistent and informed decisions.
City Manager Wysocki suggested that staff could make a few telephone calls to de-
termine if any other communities have established interim measures until the plans have
been finalized.
Assistant erey noted that a wide range of applications would be subject to review
umdrr this type of criteria. He them suggested that if the landscape standards are up-
graded and if the design review process considers design excellence for the site' including
coordination within itself, then dear exchanges no |nngc, exist.
Responding to Commissioner Knapp the Planning Director indicated that the draft
final zone code ohmv|d be completed by mid-winter so that needed revisions can be made
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hy early spring; and the public hearings can then be held and the ordinance adopting the
zone code adopted by the end of the fiscal year. He noted that the process must be com-
pleted by the oou of June so that the new document can become effective by the August
8 1991 termination date of the interim zoning vrdinanco. He then indicated that to imple-
ment Commissioner Swuosvn's suggestion would take one por^pm six weeks to develop the
design objective criteria on an interim basis. He noted that neither he nor Assistant Brcy
has the time to dovuuo to such a project and yet proceed with finalization of the remainder
of the code.
Commissioner Knapp compared the zone code process to a feather bed noting that
it takes on different lumps and configurations. She noted that if the manpower can be
devoted to it, the zvoc code could be finalized.
Commissioner Frost asked if staff could bring back a proposal on hnw to deal with
this issue for Commission consideration.
Mayor Hawks stated an interest in pursuing the selection of a consultant to complete
the design objective plans immediately, rather than putting it off until after the zone code
has been finalized. He noted that, no matter when the process starts it will take a cer-
tain amount of time to comp|ete. He also expressed concern that development of interim
criteria could set the stage for going the wrong direction in this process.
Commissioner Knapp asked how the process could go the wrong direction if it is
based on a history of community input.
Commissioner Swanson suggested an ad hoc committee comprised or one Commission-
er, one DRa member who has access to nation-wide input and information and the new de-
sign planner, with two-hour meetings to be held each *e=x for six weeks to develop the
interim criteria. He suggested that the selection of n consultant could be proceeding dur-
ing that same time period.
Mayor Hawks questioned whether any members of the DRB would be able to make
such a time commitment. He reiterated that the total process for development of the de-
sign objective plans cannot be short-cut; and he feels that the fu|l process should be
started as soon as possible.
Responding to Commissioner Swanson, the Planning Director indicated that the new
design person on staff doe, not have a good knmm|wug* of the community yet, but he is
learning. He then noted that a two-hour meeting mwu|u generate several additional hours
of work each ww=u for that staff person; however he feels that could probably be worked
into the schedule. He then requested that before the Commission takes action on this type
of approach, he be given an opportunity to discuss it with the DRB and Planning Board to
get their reactions.
Commissioner Frost stated support for proceeding with development of interim crite-
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ria and selection of a consultant simultaneously.
The Commission then directed the Clerk of the Commission to forward copies of the
minutes where gvmoUnoa for considering applications in the overlay districts were dis-
cussed and forward those comments to the Design Review Board for their review.
Mayor Hawks requested this item be placed on next week's agenda for further dis-
cussion.
Acknowledge receipt of petition for City garbaQe collection from residents of Westri
Meadows Owners' Association; refer to staff
City Manager Wysocki submitted to the Commission copies of a petition dated Novem-
ber oo 1990 requesting City garbage caUection from residents of the I'Vestridge Meadows
Owners' Association. He recommended that the Commission acknowledge receipt of this pe-
tition and refer it to staff for review and a recommendation.
It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the
Commission acknowledge receipt of the petition for City garbage collection as submitted by
residents of Wostridge Meadows Owners' Association, and refer same to staff. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Swanson,
Commissioner Knapp' Commissioner Gvehruog' Commissioner Frost and Mayor Hawks; those
voting No, none.
Discussion - pv| Items
City Manager Wysocki presented to the Commission the following "For Your Informia-
bon" items.
Direc-
tor Gamradt. dated November m, 19e0' regarding the process for termination of water ser-
vices.
(z) Copy of information tabulated by the Administrative Services Director follow-
ing the auction aa|n of |nto held on November 28 1990 along with a cumulative summary of
all Valley Unit lot auctions. He noted that the costs incurred for the November Za auction
have not yet been deducted; however, he indicated that staff is generally pleased with the
results. He then noted that he executed the deeds for all of these lots earlier this after-
noon.
(3) Agenda and packet for the Planning Board meeting to be held at 7:00 p.m.
on Tuesday, December 4.
(4) The City Manager submitted his weekly report, as follows. (I ) The City
billed $1.5 mi||km in special assessments; and as of the Fr/day deadline, $ml'oomo' or 57
percent, had been collected. He noted that the mail wh:ich is postmarked November 30 is
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week's moeting�.
Public hearing amendments Bozeman Area Subd ivision Regulations
This was the time and place set for the public hearing on the amendments to the
Bozeman Area Subdivision Regulations.
Mayor Hawks opened the public hearing.
Assistant Planner Debbie Arke1| presented the staff report. She reminded the Com-
mission that the Bozeman Area Subdivision Regulations govern activity within the city
limits as well as the four and one-half mile jurisdictional area. She than reviewed the
proposed amendments to the Regulations, noting that they have been requested by the
County Commission. Those amendments include revisions to the exemption provisions and
clarification on road standards for subdivisions located outside the city limits only.
Planner ArkeU stated that the proposed amendments, including several minor ones
which have been added to those originally requested, clearly reflect the 1988 Supreme
Court decision concerning svbdivisions. She then stated that the eight public interest
criteria for review of subdivision applications have been added so they are readily ac-
cessible. She also noted that the wording on the certificates on plats has been revised to
meet statutory requirements.
Assistant Planner Arke!| stated that on November zo 1990 the City-County Plan-
ning Board considered these proposed amowdmcmu, and recommended approval. She noted,
however, that decision did not include the six affirmative votes required for official action;
therefore, this item is forwarded to the Commission without recommendation.
Commissioner Knapp expressed concern that no provision is made in these regula-
tions for overview to ensure that parks set aside for subdivisions are maintained.
Planner Arkeli stated it is difficult to consider maintenance of subdivision parks
particularly when they are dedicated to a property owners' association. She noted that
the County adopted a park plan in lyuy that states the homeowners' association must speci-
fically provide for how the park will be maintained. She noted that in review of County
subdivisions, reference is specifically mad* to that plan.
Responding to questions from the Commissioners, the Planner noted that many of
the amendments are verbatim from the Gallatin County Subdivision Regulations or directly
from the County Planning Director. She then proposed that the revision in the wording to
Section 16.12.010.g. be changed to read "... unless otherwise mitigated by the develop-
er;" the Commission concurred.
Commissioner Gnehrung asked the Planner to highlight changes for occasional sales
as well as other issues related to the Supreme Court decision.
Assistant Planner Arke|( stated the biggest change is in the way occasional sales
o-n3-30
Adjournment - 8:43 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 Ay= being
Commissioner Frost, Commissioner 5wansvn, Commissioner Knapp, Commissioner G�oebrung
and Mayor Hawks; those voting No, none,
^2-oz-eo