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HomeMy WebLinkAbout1990-11-26 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November ze 1o90 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 25 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 - November 19 1990 Mayor Hawks stated that the minutes for the decision on the Billion Planned Unit Development, which was made at the November 19 meeting, have been submitted to the Commission for consideration at this time. Responding to Mayor Hawks' request, Clerk of the Commission Sullivan reviewed each of the chianges which have been submitted for consideration at this time. Following that review, the Commissioners indicated basic concurrence with all of those revisions. City Manager Wysocki then asked for clarification of the motion, which was stated as follows: It was moved by Commissioner Frost seconded by Commissioner Swanson that the Commission approve the footprint of the building only for Phase |; send the design elements for Phase | of this application back to the Design Review Board for additional recommendations based on design guidelines as discussed not only at this meeting but at the two previous City Commission meetings prior to final Commission action on Phase |; and that the Commis- sion conceptually the U planned unit development; require that the applicant enter into a signed agreement with the City prior to final action on Phase 1; and require that the clevelopment guidelines be completed and submitted to the staff within forty-five days to begin the process of es- tablishing the parameters for development of the entire 20-acre parcel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commis- sioner Goehrung and Mayor Hawks; those voting no, none, The City Manager then dissected the motion, asking the Commission to address each of the following elements. 1. "That the Commission approve the footprint of the building only for Phase 1; ... 1, He stated it was his impression that this element of the approval includes the build- ing as well as the foundation, noting that conversations with the individual Commissioners has generated a mixed response. Commissioner Frost referred to the top of Page 8 of the minutes, noting that Assis- tant Brey very specifically referred to allowing a foundation only permit prior to final zon- ing approval. He stated that his impression after the meeting, and after reviewing the minutes, is that the footprint means foundation only. The City Manager then referred to his comments at the bottom of Page 8, where he ll-26-yo - z - asked for any Commissioner concerns about the height, size and exterior of the proposed structure, noting it was his intent to propose that the footprint include the building as well as the foundation. Mayor Hawks stated that the Commission action implies that the developer assumes the risk of potentially being required to change the location or orientation of the building due to the design elements which are to be approved at a future meeting, even though the Commission has indicated it feels the proposed location is appropriate. Assistant to the City Manager 8rey indicated that this clarification is being re- quested so that staff knows whether a foundation only permit is to be issued or whether all of the necessary building permits can appropriately be issued under approval of the footprint. The Mayor stated he did not anticipate that the applicant would be xo/d up in the development of this phase while the guidelines for this phase were finalized. Commissioner Swanson stated he was under the impression that the Commission had signed off on the location and type of building to be constructed; therefore' he feels the building is a part of the footprint as approved. 2. w... and require that the development guidelines be completed and submitted to the staff within forty-five days to begin the process of establishing the parameters for development of the entire 20-acre parcel." The City Manager asked if the 45-day period started as of the date of action, which was November 19 noting this clarification is neces- sary since this is one of the elements which staff needs to address in preparation of the agreement to be signed by both parties. Following discussion' the Commission determined that the 45-day period will start with the date the agreement is signed. s. "... require that the applicant enter into a signed agreement with the City prior to final action on Phase | ..." The city Manager requested clarification of this statement, asking if the agreement is to be signed prior to issuance of a building permit for Phase |, Fn|/nwioB a brief discussion, the Commissioners concurred that signing of the agreement prior to issuance of the building permit is appropriate. Assistant Brey stated that the motion as it stands allows the applicant to finish the design elements for Phase | separate from the timoframe for construction of the building and separate from the development guidelines for the remainder of the planned unit devel- opment. Commissioner Frost stated he feels it is important that the signed agreement specif- icnuy state that the applicant in moving forward at his own risk without final site plan approval for Phase I and without the whole development having been approved. The City Manager then reviewed those revisions to the motion, noting it will now 11-2o-ou _3,- read as follows: It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission approve the footprint of the building for Phase | only; send the design elements for phase | of this application back to the Design Review Board for additional recommendations based on design guidelines as discussed not only at this meeting but at the two previous City Commission meetings prior to final Commission action on Phase |/ that the Commission conceptually approve the overall planned unit development; require that the applicant enter into a signed agreement with the City prior to issuance of the Phase i building permit; and require that the development guidelines be completed and submitted to the staff within forty-five days to begin the pro- cess of establishing the parameters for development of the entire 20-acre parcel, The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson Commissioner Knapp' Commissioner oqehrumg and Mayor Hawks; those voting nn. none. The Commissioners concurred with the revised motion, as stated above, recognizing that the term "footprint" includes the building itself. Decision Conditional Use Permit Michael J Lilly for High Ri allow construction of a siolf course on a portion of Section 32, T2S, R6E, MPM (east of Sourclou2h 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 golf course on a portion of Section 32 Township z South, Range 0 East Montane Principal Meridian. The subject property is more commonly described as being located post of Sour- dough Road and one mile south of Comenstein Lane. Com- mission delay action on this item for a period of one week to allow time for more adequate review of the testimony submitted and to review the conditions imposed by the Gallatin County Commission. He noted this request is submitted duo to the short work week in- curred last week. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission table, for a period of one week, the decision for a Conditional Use Permit requested by Michael J. Lilly for High Ridge Estates of Montana to allow construction of a golf course on a portion of Section 32 Township 2 South, Range s East Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Ay* being Commissioner Comhrung Commissioner Frost, Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting Nn none. Discussion - DRB recommendations re second freestanding sign at Baldy Mountain Ski and Bike, 621 Bricicler Drive The City Manager noted that a memo from the Planning staff dated November 19, 1990, was included in the Commissioners' packets. Assistant Planner Jesse Aber distributed to the Commissioners a conceptual drawing of the Sinclair sign which has been installed at Qa/dy Mountain. He then briefly high- 11-26-e0 - 4 - lighted the staff report, which reflects the action taken by the Design Review Board at its meeting of November 14, including the following. 7, That the applicant be required to lower the existing Sinclair sign by four feet, so it is seventeen feet above grade/ Z. That the second freestanding sign on a single street frontage be al- lowed; and s. That the sign area of the existing 70-square-foot sign be approved. Commissioner Swanson noted that in the report, under the rationale for allowing two freestanding signs, the URB suggests that actually two businesses exist w/d`io this one business; and, therefore, two signs should be allowed. He questioned if a deviation is necessary under that rationale. Planner Aber stated that in reality, Baldy Mountain is only one business with only one business license on one site; therefore, a deviation is needed. Planning Director Epple noted that within a multi-tenant commercial center, one freestanding sign is allowed for identification of the center; and wall-mounted signs are allowed for the individual businesses. He stated that was one of the /toms which the DRB considered when formulating its recommendation. The Planning Director then suggested that the Commission not consider that issue' rather limit its discussion to the rationale that two freestanding signs be allowed in lieu of wall-mounted sign and a freestanding sign. Mayor Hawks stated that action on these requested deviations in no way sets a precedent. He noted that as long as the requested sign meets the guidelines for that entryway corridor, it can he approved; and each application must stand on its own merits. He noted that under the new ozde, there is no way to set precedent; bowuwur people are clinging to the old code mentality. Commissioner Swanson noted that during discussions on this application, references have been made to recent ly-approved signs on East Main Street and North 7th Avenue. He stated that even though the process under the new code should not set precedent, in practicality, that seems to be what is happening. Responding to Commissioner Frost, Planning Director Epple stated that the 18-month period for installation of landscaping has expired under the conditional use permit for Baldy Mountain, He noted that the applicant continues to progress on meeting the land- scaping requirements; however, the site has not yet been brought into compliance. Commissioner Frost noted that the report indicates that Mr. Coyle has committed to eliminating the off-premise signs; however, no date has been set. He further noted that several months ago, Mr. Coyle indicated his intention to remove those signs; however, he has not yet done so. The Planning Director concurred that setting a date would be appropriate, suggest- ing that a 30-day tirrieframe should be adequate. /z-2'o-90 - 5 - City Manager Wysocki suggested that the two reasons for the DRB recommending approval of the size of the sign should be combined into one statement, since the first statement leads to the conclusion contained in the second statement. Responding to Mayor Hawks, the Planning Director reviewed the enforcement pro- cess. He noted that if the applicant fails to bring the property into compliance by the ap- proval deadline, he is notified of the violation and given a reasonable time in which to complete the improvements. If that effort fails to provide the desired results, the matter is turned over to the City Attorney for appropriate legal action. Commissioner Frost noted that the DRB has recommended a 17-foot sign so it is vis- ible from the Griffin/ Rouse/ Bridger intersection, above the guard rail on Bridgers howev- er, he suggested that a 15-foot sign would still be visible even if not all of the prices on the reader board were. He also noted that would bring the sign down to a level which would minimize impacts on the surrounding area. Mayor Hawks noted that, although it is not addressed in this report, the DRB dis- cussed the impacts which a wall-mounted sign could have on the facade of this building, and determined that a second freestanding sign is preferable. He stated that the Board further determined that if the sign is not installed at 17 feet above the grade of the road, it will need to be considerably higher or considerably lower to provide the needed visibil- ity. It was moved by Commissioner Frost that the Commission approve three deviations to the sign code for the second freestanding sign at Balcly Mountain Ski and Bike as fol- lows: (1) that the height of the sign be lowered from 24 to 15 feet to more closely blend with its surroundings; (2) that both on-site freestanding signs be approved because no wall-mounted sign is to be installed; and (3) that the 70-square-foot sign, area be ap- proved since it is of appropriate scale with the remainder of the site; subject to the con- ditions that the two off-premise freestanding signs must be removed and all landscaping attendant to the original conditional use permit as well as this sign must be installed within thirty days. The motion died for lack of a second. Commissioner Swanson stated that Mr. Coyle has demonstrated a real purpose in meeting the conditions imposed on his original conditional use permit. It was moved by Commissioner Swanson that the Commission approve three de- viations to the sign code for the second freestanding sign at Baldy Mountain Ski and Bike as follows: (1) that the height of the sign be lowered to 17 feet above the road grade as per the DRB recommendation; (2) that both on-site freestanding signs be approved be- cause no wall-mounted sign is to be installed; and (3) that the 70-square-foot sign area be approved since it is of appropriate scale with the remainder of the site; subject to the condition that the two off-premise freestanding signs must be removed within thirty days. 11-26-90 - 6 - The motion died for lack of second. Commissioner Ouehrung stated be remains uncomfortable with this issue having been brought back to the Commission one more time. He noted that the applicant was required to make a decision on whether he wanted to be known as Baldly Mountain Sports or "that Sinclair station on Rouse." He noted that, given the location of this site and the arrange- ment of the strec's, he does not feel two signs are appropriate. He expressed grave con- cern that the applicant has caused the Commission to enter into a convoluted decision. He noted, in response to the applicant's desire to entice business off Griffin Drive, that the applicant recently made the conscious decision to move from Griffin Drive to Bridger Drive, The Commissioner then stated he does not fco| it is in the best interests of the community to allow this sign; txcrcfnrc he will vote against it. He also noted that he feels this would set an undesirable precedent; and if this is the direction the sign code is taking on the whole, he does not feel the City has much of sign code. Commissioner Frost stated concurrence with Commissioner Goehrung'o comments. He does not feel anyone can break the law because he is "'entitled to a right." He then stated he believes the issue could have been resolved at an earlier stage; and it would have resulted in a better situation. Mayor Hawks stated this item has been reviewed many times; hn=ever, the history of that review has some unfortunate tmrns, He stated that he believes endorsement of the DKB recommendation makes the best or a bud situation, and allows the Commission to pro- ceed with issues which are of importance. Commissioner Goehrun8 noted that if the Commission wishes to approve this applica- tion, it has the best advice possible; however, if the Cummiission has the community's in- terests at heart, approval is not the best decision. It was moved by Commissioner Knapp, eao*ndod by Commissioner Frost that the Commission approve three deviations to the sign code for the second freestanding sign at oa|cly Mountain Ski and Bike as follows: (7) that the height of the sign be lowered to 17 feet above the road grade as per the DRB recommendation; (z) that hndh on-site free- standing signs he approved because no wall-mounted sign is to be installed; and (o) that the sign area be approved since it is of appropriate scale with the remainder of the site; subject to the conditions that the two off-premise freestanding signs must be removed within thirty days and all landscaping attendant to the original conditional use permit as well as this sign be installed by the end of the next landscaping season, which will be approximately this time next year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp' Commissioner Swanson and Mayor Hawks/ those voting No being Commissioner Frost and Commissioner Gnehrumg. ll-26-9O - 7 - Staff u re status of zone code City Manager Wyopck� stated that Planning Director EppAe has requested an oppor- tunity to provide a brief update on the status of finalizing the zone code. Planning Director Andy Epy|* reminded the Commission that on August 0 they ex- tended adoption of the interim zoning ordinance for a period of one year; therefore, the new zone code must be adopted by August V 1991. He stated staff and the Commission have expressed a desire to adopt the final code much sooner than that. The Planning Director stated that the Planning Board committee work has been com- pleted; and those committees have provided extensive input and direction into finalization of the document. He noted that at the present time' he and Assistant to the City Manager Ron Broy have begun to incorporate those revisions into the document. He noted that they are conducting a systematic review of the document, taking it on a page-by-page ba- sis. He noted that progress is slow at this point because they are changing definitions as necessary; and that often requires reviewing many other sections of the code to ensure that those changes are appropriate and do not generate an undesirable ripple effect. The Planning Director noted that during this process, they are also identifying ad- ditional policy issues which must be resolved, such as implementation of the suburban res- idential classification and possible creation of a campus commercial diatric1. He also noted that extensive map work will he required, since 8RW did not accomplish that portion of their contract work. He noted that the map work includes povio* of specific zone changes which have been submitted by individuals from the community. Planning Director Epp/o stated that he and Assistant Brey are somewhat frustrated with their inability to set aside adequate time to work on this pn4sxt to daze noting that they have probably spent twenty hours so far' He stated it is their intent to set aside large blocks or time in the coming months so they can move forward more quickly with fi- nalization of the document, since the development season seems be be slowing somewhat from its extremely hectic pace of the summer. The Planning Director stated that it had been their intent to have a document ready for Commission consideration by the end of the year; however, he recognizes that is not possible, He noted that after the systematic review they will begin 1n rewrite the neces- sary sections; and that will take a considerable amount of time. He noted that those re- writes will be done after discussions with the Commission momhrr,' Planning Board mem- bers and committee members to aoaurr that the end product is acceptable. Mayor Hawks requested that the Commission be provided with updates throughout the revision process, so that they are prepared to act on the document in an expeditious manner, rather than requiring staff to carefully review each revision after the revisions are completed. He noted that such updates could possibly be provided when members of 11-2s-9O - o - buth the City Commission and the Planning Board are present. Planning Director Epp|a noted that periodic updates can be provided. He suggested that, rather than trying to get the Commissioners and Planning Board members together at a meeting, it may be better for the staff to provide an update to the Commission at its Monday meeting then provide that same update to the Planning Board at their Tuesday night meeting. Assistant to the City Manager Brey stated that to date, staff time has been well spent on the revision process; and they have made good progress. He noted that they are operating under clear direction from the committees. At the present time, the only problem is getting the time to work on this project. He then stated that he feels they are sixty to ninety days away from generating the final document for Commission consideration. Planning Director E9p/e noted the staff's interest in finalizing this document. He noted that working with the interim zoning ordinance has been difficult; however, he noted that experience should help to generate a stronger final document. The Planning G/rccmr then introduced to the Commission the new assistant planner, Kevin wa// noting that he has an urban dwyign background. Staff request for clarification re street and tree maintenance districts City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phi|| Forbes dated November 21 1990 requesting clarification on the street and tree maintenance district assessments. Director of Public Service Forbes reviewed the memo, noting that the requested clarification pertains to commercial/ industrial properties. He reminded the Commissioners that when the districts were created' assessments on residentially zoned properties were capped; however they were not for commercial/ industrial prpperties, except for those which contain non-conforming residential structures. We stated that staff has become aware of /argo vacant and undeveloped parcels of commercial/ industrial properties for which such a cap has net been provided. He suggested that these properties are little "sod, or are used for agricultural purposes; therefore, they generate little traffic. He noted that a majority of those properties affected in this manner are located in the North- east Annexation, the Burrup Annexation' the Bozeman Creek Annexation and the Triangle Area Anmvxation, The Director then reviewed the criteria which be proposes for dealing with these parcels' as follows: That properties meeting the following criteria be considered eligible for a ncop" equal to one and one-half times the minimum lot size for its zoning district classification: l. Vacant and/or agricultural use; l}-z6-ov - 9 - z. Undeveloped, i.e., no subdivioion improvements; and 3. Remainder tract ofannexation. es- timated $14 this year. He than recommended that the Commission approve this clari- fication, noting that it will help to re-establish equity in an area which has not been pro- v�ous|y addressed. Mr. Neal Gansnr 32404 Frontage Road stated he owns approximately eight acres in the uurrup Annexation. He noted that the assessment for that parcel, which contains a 2100-squarr-uont house and w 2200-squaro-fmot office, is $7 He noted that the re- mainder of his property is in hay except for the bird pen which his sons have construct- ed. Mr. Gansnr objected to the $1 assessment, noting that the information disseminat- ed throughout the process of creating the district reflected that the assessment on the av- erage home would be ¢45 per year, City Manager Wysocki recommended that the Commission approve the cap as proposed by the Director above. Responding to Mayor Hawks, the Director stated that Mr. Ganser's situation is unique. He noted that Mr. Oansor owns two parcels; and they are located in two different zoning districts one being M-1 and the other being R-V. He stated that after review of the lot lines and the zoning boundaries, be will make a determination on how the assess- ments should he calculated. He then indicated that, given the criteria ho has proposed, he feels that fair assessments can be generated for those parcels involved. It was moved by Commissioner Goehrons' seconded by Commissioner Frost, that the Commission clarify the calculation of assessments for the street and tree improvement dis- tricts by approving the criteria for vacant and undeveloped commercial/ industrial tracts as proposed by the Director above. The motion carried by the following Aye and No vote- those voting Aye being Commissioner Guwhrung Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Work session with Fish, Wildlife and Parks Department re East Gallatin Recreation A rea Mayor Hawks declared a raooas at 4:*6 p.m,' for the purpose of conducting a work session with the State of Montana Fish, WDdUh* and Parks Department to discuss *hat agency will accept responsibility for future maintenance of the East Gallatin Recreation Ar- ea. Participants in this work session included the five Commissioners; Mr. Ray Hcagncy and Mr. Tom Greasnn from the Fish Wildlife and Parks Department; Ms. Joanne Jennings; Mrs. Peg Hines and Mr' Steve Hamp/e from the East Gallatin Recreation Area Task Force; Mr. Tom Pick from the Soil Conservation Service; and Park Superintendent John McNeil, 17-zu-oo -10- Director of Public Service PhiU Forbes and City Manager Jim Wysocki. Mayor Hawks closed this work session and reconvened the open Commission meeting Continued discussion hiring of urban design i in Planning Department The City Manager noted that included in the Commissioners' packets were copies of the minutes from the November zo City-County Planning Board meeting at which this item was discussed. He noted that attached to those minutes is a copy of the memo dated No- vember 14 which the Planning Director had previously submitted to the Commission. Commissioner Frost noted that a conversation with the MSU School of Architecture revealed that joint hiring of an individual is not likely. He stated, however, that it would probably be possible to use students from a specific class on a quarter-by-quarter basis to provide uomo of the design work. Mayor Hawks stated that he has brainstormed this item with Planning Board member Ralph Johnson. He then proposed that in addition to hiring an employee to coordinate and administer the process, it may be beneficial to seek proposals from high-powered firms in this area to "jump start" the prncpsp. He suggested that the duration of the contracted work should be short; however, it could provide the needed technical expertise to gener- ate the hest quality document possib|a. He noted that this should also shorten the timeframe and provide for implementation within a reasonable period of time. Mayor Hawks noted that the amount budgeted for this project was for the entire fiscal year; and we are nearly halfway through that period. He suggested that a consul- tant could be used on a short-term basis with enough monies remaining to hire a full-time employee for this specific project. He stated that under this scenario, the project should be completed and the plan implemented and trouble free in one and one-half to two years. Commissioner Frost expressed concern that under such a scenario, those involved in developing the documents would not have the intimate knowledge of the community that he feels is necessary to generate a workable document, Mayor Hawks noted in that type of situation, it is imperative that the community participate through the public hearing process; and it wilt be the Commission's respnmsibir- ity to ensure that the community interests are addressed in the document. Commissioner Frost questioned how the person can be insulated to make sure that the job--and the job only--gets done. Mayor Hawks stated that management of the [ndi,idual is important; and it will be important for management to unsure that individual is protected and not assigned other duties. Responding to a suggestion from Commissioner Frost. the Mayor nomad that it would n-aG-yo -,1_ require further discussion; however, it might be henrOda/ to place the individual under the supervision of Assistant to the City Manager Broy rather than under Planning Director Erp|c, Mayor Hawks expressed concern about on outside consultant coming into the commu- nity and yet not keeping in touch with the community. He noted that the City staff and Commission have really had 1p massage the master plan and zone code documents, as pro- pared by an outside cnnsu|tant, to make the document fit the community. Commissioner Goohrong questioned how and why this discussion has come before the Commission at this time. He suggested that the Planning Board should be responsible for making the decisions and hiring the individual to fill this position. He noted that the Planning Board has just recently hired two new people; and the Commission was not in- volved in those decisions in any way' Mayor Hawks suggested that this urban design review position will be responsible for establishing a framework in: which the Design Review Board can advise the Commission; and that is a part of the zoning process. He feels the Cit' Cvumty Planning Board should he involved; however, he noted this is a City project. Commissioner Frost noted that at their meeting, the Planning Board determined that this position does not have anything to do with them; and they are not interested in becoming involved. Mayor Hawks stated that if the Commission decides to proceed with the RP0 process and retain a consulting firm' he feels it is important that the selection committee include representation from the Planning Board the Planning staff and the City staff. Commissioner GnehrvnB stated he understands that the new design guidelines are to be integrated into the new zone code. He stated, hnwaver, that he is not interested in starting this project until finalization of the zone ovdc is completed. He stated that an ex- tensive amount of time and energy has been spent on the zone code/ and he n=ris that to begin this new process would result in spinning whma]n while the Commission remains in the same position when trying to make decisions. He reminded the Commissioners that o revised Planning Board has been established; they have the responsibility of hiring the Planning staff members; if they are apprehensive or resistant or concerned about this ac- don there is some reason; and for the Commission to get involved at this point will only confuse the issue. Commissioner Frost stated the Planning staff is looking for direction; and the Plan- ning Board is not providing that direction s* it is now the Commission's responsibility. Commissioner Qnnhrung stated he is beginning to question the current structure and whether it will serve the needs of the City. He also stated that if the Commission is doing this for the Design Review Board then they are moving in the wrong direction. 71-zn-yn _ 12 - The Commissioner then stated an interest in removing the DRB review from the zone code - -process �4� some point. He stated that under the present system, staff recommendations are being overlooked and overruled. He noted that the staff report is submitted to the Design Review Board, then to the Planning Board and then to the City Commission. How- ever, by the time it reaches the Commission, it is accompanied by recommendations from the DRB and the P|anming Board; and the technical expertise of the staff is often lost and overshadowed by the citizen advisory board recommendations. He stated that he he||nvn, those issues should be addressed before the Commission makes any decisions to hire addi- tional staff personnel. Commissioner Goehrung reminded the Commission that he has been opposed to hiring of an urban design review person through the various processes; and there doesn't appear to be adequate interest on the Planning Board for this position. He also noted that an ex- tensive amount of his time and energy have been spent/ and there has been substantial staff frustration in attempting to bring the zone code to closure. Commissioner Goehrung then stated that the new zone code does not seem to be providing the streamlining which was so strongly proposed. He stated he feels that re- defining and restructuring, as well as public hearings on the current zone code to see if it is 000epteb|m to the community, are necessary before this step is taken. He then reit- erated that be is not interested in proceeding in this direction at this timw, Mayor Hawks rioted that the City has: bought into the new master plan as prepared; and the zone code simply administers that plan. He stated that' if in three or four years it is determined that this is not working, then he could support a change; however he foa|x it is important to implement the code as intended to sew if it will work. The Mayor noted that the new plan is innovative; and the development guidelines, which are to be developed through this new pns|hpn, are necessary to make it work. Commissioner Goehrung reconfirmed his position that he does not feel this step should be taken until after the pending work is completed. Mayor Hawks stated that the development guidelines will actually tighten up the zone code document; and that should address some of Commissioner Goehrung's concerns with the existing code. He then stated that the City should have had this position filled several months ago, so that this issue could be addressed in a timely manner. Commissioner Goehrung stated the Commission can charge blindly ahead, or it can stop and take a look at what is going on the community response, the decisions they are trying to make and the confusion involved. He noted that the community is having diffi- culty in second guessing =hat the Commission will do and what they really wont. He not- ed that the farther this process moves, the more difficult it will be to come back and re- structure the system. He acknowledged that possibly this is the route that should he fb[- 11-zo-90 -,a- lowed; however, he stated that the decision should be a studied one, and he could be 700 percent s,uppnrt|vo of such an action. He noted that it is imperative that the Commission hear from staff, the community and members of the advisory boards before proceeding, however. Mayor Hawks noted that he and the City Manager have discussed the possibility of including design review people on the Development Review Commiuee, m that both the technical issues and the design elements are addressed at the same time. He then ac- knowledged that the process to date has been a frustrating one; however, he noted that major changes are being undertaken and the process has been attempted for only two years. Commissioner Frost stated he feels that community input has been received through the three public hearings which have been held on the master plan and the interim zoning u,d/nance. He noted that the zone code is the implementation of the master plan; and the community has indicated it does not want a black and white document, rather it wants one that is free. He then stated that the entryway overlays are crucial to the success of the master plan; and he feels that the development guidelines will ensure that success. Commissioner Frost then stated that he was disappointed that the Planning Board did not pay attention to the staff report for the last applicant. He noted that staff did an excellent job, but the development guidelines could possibly have enhanced their wnrk. Be noted those development guidelines could have provided the conceptual design for the entryway and how the commercial nodes were anticipated to develop and interact with the remainder of the area. Commissioner Knapp stated that she has found this process very frustrating. She noted that the process should be revised so that at some specific point, the City can de- termine that the applicant has not met the minimum requirements rather than trying to have the application go through the process without fitting. She suggested that while the document may allow for creativity' she feels it is necessary to have a baseline from which to work; and that has not been established. She noted that the community wants beautiful ontryways' however, it also wants viable bua/oosuea and jobs for the residents; and those are sometimes difficult to combine. The City Manager suggested that a specific definition of "node" he established. He cautioned the Commission that theoretically, if all four corners of the Cottonwood Road/ U.G. 191 intersection are developed in 20-acre commercial nodes, that will result in an 80-acre commercial mod*; and there is potential for another such node between the city limits and Four Corners. He expressed concern that such development was not contemplat- ed under the master plan or by the community; and he feels care should be taken to avoid such problems. Be then noted that combining initial advisory body reviews to include both n-Z6-eo - 14 - technical and design review could be beneficial and help to streamline the process wbUr providing a bettor recommendation. The City Manager then stated he feels it is imperative that the applicant provide a document which meets the minimum level required by the City b,rnr* that application is subjected to the review process. Mayor Hawks requested that this item be placed on next week's agenda for addition- al discussion. Claims The City Manager stated this is the only item which would have appeared under Consent Items. He then recommended that the Commission approve the claims listed and order the same be paid. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission approve the claims as listed and order the same be paid. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Fruuc Commis- sioner Swanson, Commissioner Knapp' Commissioner coehrung and Mayor Hawks/ those voting No none. Appointments to a hoc i City Manager Wysocki submitted to the Commission a memo from Clerk of the Com- mission Sullivan listing the applicants for this committee. It was moved by Commissioner 3*mnuon seconded by Commissioner Knapp' that the following appointments be made to the ad hoc recycling committee: Bozeman Community Re- cycling Coalition - Rick Mein and Shannon Walden; Inter-Faith Recycling Effort - Jennifer L. Beall and Mary Yizzini Wagner; private sector garbage collection - Harry Ellis; re- cycling-related business - Toni P. Fisher, interested citizens - Dorothy J. Bou|ton and Linda Crisp; and Commissioner Liaison - Commissioner James Goehrung, The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Frost and Mayor Hawks; those voting No, none. Com- missioner Goohrvng abstained since he will be a member of the committee and working closely with those who are appointed. Discussion - FY) Items Informa- tion" /tomo, (1) Director of Public Service Phill Forbes submitted to the Commission a brief overview of the Kagy Boulevard project. He showed the Commission a cross-section of the two-lane roadway as it is to be finally constructed. He noted that the street is to be 62 ll-26-9n - 15 - feet wide, hack of curb to back of curb�; and that will be broken into two 14-foot driving /onnu one unraisad 14-foot median, two 70-fopt shoulder/bike lanes, and will include side- walks on both sides of the street. He then showed the Commission a cross-section of the temporary paved roadway to be c000tructcd, which is to be constructed on a 32-font width and which will include two 14-fnnt driving lanes and two 2-foot shoulders. The Di- rector noted that be has outlined in red those areas where additional right-of-way must be acquired fwr this roadway. Mayor Hawks asked if the new finalized roadway is to be the same cross-section as Kagy Boulevard to the east; the Director responded it is narrower, and it Jney not have the raised median. The City Manager reminded the Commission that FAU funds for major projects are growing at approximately $270 each year; and the ready date for the North 19th/Oak project is currently set at July 1992. He further noted that monies for completion of the Kagy Boulevard project will be accumulated after that project, suggesting that those mon- ies will probably not be available for ten ywars. Director of Public Service Forbes noted that the State Highway Department has its own guidelines for acquisition of right-of-way; and a recent telephone call revealed that they plan to begin that acquisition process in Dvcombor. He stated that the Department is fully awa!re of the City's proposed t|m:mframw for installation of a temporary roadway. Mayor Hawks noted that past conversations with Highway Department representa- tives have revealed that they wish to handle the right-of-way acquisition themselves, feel- ing that to have another entity involved will only create complications. (o) Letter from Don Bachman Idaho Pole 3upmrfund Citizens Committee, dated November /o 1990 providing the Commissioners with a progress report on that project. (s) Lotter from Mary Vant Hull, 410 East Story Street, encouraging enforcement of the speed limits, along with a copy of a letter 10 the editor. (4) Copy of the membership bulletin just received today from the Montana League of Cities and Towns. (5) The City Manager submitted his weekly report as follows. (1) The Perking Commission met on Tuesday; and one of the items discussed was the location for the Per- forming Arts Center. (z) Staff has reviewed various items pertaining to the upcoming auction of lots this past week. He reminded the Commission that auction is to be held at 1 :oo p.m. on Wednesday afternoon at the Holiday /nn. (») The 159th Division of the Army Reserve has been na�|cd to Helena in preparation for possible action in the Middle East; and that Division includes Lieutenant Foru of the Bozeman Police Department. (4) Payment of assessments is slow to date with only 24.3 percent, or $372'000' being collected to date. (s) Requested that any Commissioner comments pertaining to High Ridge Estates be submitted to him or Assistant 8rey by 5:00 p.m. on Tuesday. (s) Wednesday is the dead- 11-26-90 - 16 - line for responding to the request for qualifications for asbestos removal on Front Street. (7) The City has received v list of five names for fact finder as requested by the Bozeman Police Protective Association. (6) Commissioner Knapp submitted the following. (7) The task fpno* on aging will meet this week. (z) The first meeting of the Senior Citizen Advisory Board in scheduled for this week. (J) Submitted in the City Manager an article concerning a subscription service for the legislative actions during the upcoming session. The City Manager responded that the City has already subscribed to receive copier of the bills which come before the Legislature and updates on the status thereof. (z) Commissioner Onob,ung submitted the following. (1) Will contact those who have been appointed to the ad hoc recycling committee and set a meeting for the first week or December. He will also contact those who were not appointed and encourage their par- ticipation through this process. (Z) Distributed coy/ma of the brochure on the conference on solid waste which the Local Government Center is sponsoring on Duummuar u- (8) Commissioner Frost submitted a report on the City-County Planning Board meeting which he attended on Tuesday evening. He noted concern was expressed at that meeting as a result of the City Attorney's research of the State statutes, with the Board recognizing that many of their votes could easily he advisory only in nature rather than formal actions. He noted that the Planning Board did not recommend approval of the proposed amendments to the subdivision regulations, but suggested that such amendments be delayed until after the Court case has been settled. Commissioner Ooehrung noted that one or the City's appointees will become a County Commissioner in January; and it is rumored that one is leaving the area. Mayor Hawks noted that under the Board's by-/awu the Chairman does not vote ex- cept to make or break a u*. He noted that the Chairman is usually one of the City's ap- pointees; therefore, the City essentially loses that representation. He them suggested that after the first of the year' the by-laws should possibly be changed to, delete that prn- vision, and allow the Chairman to vote. (9) Mayor Hawks distributed to the Commission a copy of the letter which he had forwarded to Planning Director Andy Epp|o in response to comments in the newspaper arti- de on the gi/|ivm decision. A 6:55 There being no further business to come before the Commission at this time it was moved by Commissioner Knapp' seconded by Commissioner Cmehrung that the mccNnQ be adjourned. The motion carried by the following Aye and No vote: those ,"t/og Aye being Commissioner Knapp' Commissioner uoehrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting Nn none. 11-26-90