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HomeMy WebLinkAbout1990-12-17 MinutesDecember 17, 1990 Page 6 - Line 26 - after "Street" add "and West Peach Street from North 6th Avenue to North 5th Avenue" - Line 27 - revise to read "...stated that the sidewalk along North 11th Avenue will..." - Line 28 - insert after "are" "not currently" (available) - Line 29 - after "installation" insert "; however, they will be included in next year's budget request." MINUTES 0F THE MEETING OF THE CITY COMMISSION OOZEMAN, MONTANA December 17 / yoo The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 17 1990 at s,sn p,m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence, None of the Commissioners requested that any of the Consent Items be removed for discussion, Minutes Mayor Hawks deferred action on the minutes of the regular meetings of December 3 and December 10, 1990, until the next meeting, which will be in two weeks, Staff report re installation of stop or yield' signs on West Lamme Street at North 8th A ve- nue, Ci:ty Manager Wysocki submitted to the Commission a memo from Director of Public Service Phill Forbes dated December 6, 1990. He noted that, based on the traffic count information and engineering analysis attached, the Director has forwarded the following recommendations: 1. That all three intersections (West Lammc Su"uct with worth 8th Ave- nue, North 9dh Avenue and North 10th Avenue) be controlled with two-way stop signs; z. That West Lamme be the through street at its intersection with North 8th and North 10th Avenues; and 3. That North 9th Avenue be the through street at its intersection with West Lammu Street, Responding to Commissioner Swanson, the City Manager indicated that the Police Department will be informed on the progress of implementing this recommendation so they can be prepared to provide the enforcement needed to ensure the safety of those using these intersections. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission acknowledge and accept the staff recommendation as set forth in the memo from Director of Public Service Forbes dated December h 1990; and authorize and direct staff to complete the necessary actions to implement said recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Gnehron8 Com- missioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those vot- ing w"' none. 1z-n-90 l/-17-yo - 2 - Renewal of B*er Wine and Liquor Licenses for Calendar Year 1991 This was the time set for renewal of Beer, Wine and Liquor Licenses for the Calen- dar Year 7991. A total of 43 applications have been rece/ved, along with the required fees, City Manager Wysocki presented to the Commission the following fist of establish- ments which have made application and paid the required fee: APPLICATIONS FOR BEER WINE AND LIQUOR LICENSES CALENDAR YEAR 7991 APpL|CANT BEER WINE LIQUOR QUOR TOTAL� A|hortsnm/s Food Center #237 zVV South 23rd Avenue $ 200,00 $ 200.00 $ $ 400.00 American Drug Stores, Inc, dba Osco Drug #y»u 1525 West Main Street 200.00 200.00 400.00 American Legion Club 225 East Main Street 508.00 500.00 Birch Bru Inc. dba 5uperAmcrico 118 North 7th Avenue 200.00 200.00 400.00 Best Western OranTrev Inn 1325 North 7th Avenue 500,00 500.00 Bingo World and Casino 237 East Main Street 200.00 200.00 400.00 Bozeman Bowling, Inc, dba The Bowl 414 East Babcock Street 500.00 500.00 Bozeman Restaurant & Lounge Inc. dba Holiday Inn s Baxter Lane 500.00 500.00 Bozeman Town Pump #z 2607 West Main Street 200.00 200,00 400.00 Buttrey Food/Drug #3834 1601 West Main Street 200.00 200.00 400.00 Cats Paw 721 North 7th Avenue 500.00 500.00 CEmEX Petroleum Inc. dba Bozeman CENEX 23 North 7th Avenue 200.00 200,00 Colombo's Pizza o Pasta 1003-1005 West Cn||o8e Street 200.00 200.00 400.00 Empire. Inc. dba Black Angus szo West Mendenhall Street 500.00 500.00 Fratmrnaf Order of Eagles Aerie No. 326 316 East Main Street 500.00 500.80 Hocb's Food Center, Inc. 544 East Main Street 200.00 200,80 400'00 Interstate Chevron, Inc. 1230 North 7th Avenue 200.00 %no.00 l/-17-yo _ Joe's Parkway ooa West College Street 200.00 200.00 K Mart #7027 1126 Worth 7th Avenue 200.00 200.00 Kagy Kerner, Inc. 1889 South Tracy Avenue 200.00 200.00 K=ih-Way Inc. dba Kwlk-Way #32 401 Fast Peach Street 200.00 200.00 Little John's Bar 575 West Aspen Street Min/ wart Inc. dba Mini Mart #728 717 West College Street 200. 00 200.00 Mini Mart, Inc, dba Mini Mart #729 1910 West Maio Street 200.00 200.00 Molly Brown 703 West Babcock Street O'Brien'a Restaurant 312 East Main Street Payless Drug 2825 West Mein Street z&u.00 200.00 Price Rite Drug Center 970 North 7th Avenue 200.00 200.00 Red Barn Wine and Cheese 3bnp 1534 West Main Street 200.00 200.00 Rocking R Bar 211 East Main Street Safeway Store #289 901 West Main Street 200.00 200.00 Scoop Bar 712 West Main Street Spectator's Sports Bar and Or/|/ 18 Tai Lane 20w. 00 200.00 Story Distributing Company dba Story Exxon 1211 East Main Street 200.00 200.00 The Baxter Hotel Corporation dba Rocky Mountain Pasta Co., Bacchus poh The Robin Lounge lVy West Main Street The Cannery Lounge uz West wain Street The Crystal Bar Inc. 123 East Main Street The Great China Wall 526 Professional Drive 200,00 zoo-eu The Store, Inc. 1210 East Main Street 200.00 200.00 500,00 500,00 500.00 500.00 500.00 500.00 500.00 500.00 400.00 400.00 400.00 :nu.on 500.00 400.00 400.00 500.00 500.00 400.00 400.00 400.00 500.00 400.00 500.00 400.00 4on'ou 500.00 suo'oo suo'oo «»»'»» *»»'»» - w - Thr 9Nnr Merchant 27 East Maio Street 200.00 200.00 Town s Country Foods, Inc. 219 North 119tb Avenue 200.00 200.00 400^00 Van's |GA 972 North 7th Avenue 200.00 200,00 400.00 William's Pump o Pak, Inc. 2020 North 7th Avenue 200.00 200.00 __ 400.00 _____ TOTAL - 43 applications The City Manager noted there are approximately twenty businesses which have not yet submitted their applications for renewal of their licenses; and action will be taken on those applications at the December 31 meeting. He noted that if any businesses have not submitted their applications by that time, they will be closed at midnight on New Year's Eve. He then recommended that the Commission approve these applications as submitted. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission approve the renewal or Beer, Wine and Liquor Licenses for Calendar Year 1991 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Knepp' Commissioner Gnehrung and Mayor Hawks; those voting no, none. Staff report re 1991 sidewalk program The City Manager noted that included in the Commissioners' packets was a memo from Director of p"h!ic Service Mbil| Forbes dated December la 1990 providing information regarding the anticipated costs involved in the proposed 1991 sidewalk prmgram. Director of Public Service Forbes stated that he had attached maps of the communi- ty to show where sidewalks currently exist. He then stated the cost projections included in his memo are for those sidewalks which he had verbally fisted for the Commission at last week's meeting for the leo/ program. He noted that those projections are based on the costs incurred in the 1987 program' which reflected that the typical cost was $11.80 per lineal foot for a 5-foot sidewalk with no extenuating circumstances. He also noted that figure includes construction, engineering, administration, tide work and bond costs for the sidewalk district. The Director then reviewed the costs for each of the five streets listed, noting that the projected costs for three of those streets are higher than the normal cost, mainly be- cause of the additional carth*nrh, drainage or retaining walls necessary to construct the sidewalk in the standard manner. Responding to the City Manager Director of Public Service Forbes reviewed the provisions of the current sidewalk policy, which stipulate that the costs exceeding one and 12-l7-gn - s - nne-ha|f the typical costs of sidewalk construction, or $17.70 per lineal foot in this in- stamce, will be borne by the City' He then indicated that he has estimated that will result in a cost of $20.000 to the City for South Third Avenue, and a possible nvcns|| cost of $zs for the 1991 program as proposed. Commissioner Knapp asked if any crosswalks are to be provided across South Third to gain access to the osuuth'/ school from the east side of the street. Director of Public Service Forbes stated that a crossing will be provided at Arnold Street, including crossing guard; and a possible crossing is being d'iouusaed at the south end of Westfield Subdivision, since requiring children to walk to Wagon Wheel Road to cross South Third wv*m result in a substantially longer distance for many of those chil- dren. He noted that the issue of manning of that crossing has not yet been resolved. Commissioner Swanson asked ho* the City will fund its portion of the projected costs which it is to bear. City Manager Wysocki responded it will be necessary to include those monies in the budget. He then noted that a sidewalk program is set up on a five- to seven-year pay back schedule. Mayor Hawks stated he had anticipated that residents of Wostrldge Subdivision would hccvmr involved in paying some of the costs of installation of the sidewalk along South Third Avenue. He stated, therefore, that he had contemplated a funding mechanism which would a/|m* those residents not adjacent to the street to share in paying the costs especially with the provisions for exemptions which are included in the sidewalk policy. Director of Public Service Forbes reviewed the three alternatives for funding of the project, as follows: ,. Creation of a sidewalk district. This option allows the City to order in sidewalks; and the costs are borne by the adjacent property own- er, except for the extraordinary costa which are borne by the City under its revised sidewalk policy. z. Creation of an extended special improvement district for installation or the sidewalk, which would allow for residents in an expanded area, possibly including Westridge Subdivision, to participate in the costs. This method requires thmt the full-blown public hearing and creation process be followed; and a protest of owners of more than 50 percent of the properties involved kills the project. 9. Creation of a (standard or extended) special impro"°ment district to fully develop South Third Avenue, including improvement of the road- way to m collector standard, storm drainage, curb, gutter and side- walk. This method also requires the full-blown creation process; and more than 50-percent protest kills the district. The Director cautioned the Commission that inclusion of Wextr/dge Subdivision in on extended 3/D must be predicated on placing sidewalks within that subdivision in Category Nn. 3 under the sidewalk policy, which means there is no apparent need within the next five years according to the sm|uou"n criteria. He then stated he plans to have o full pro- gram schedule developed for Commission consideration at the January 7 meeting. l2-{7-90 - «_ Commissioner Swanson noted that testimony received from residents in Wosmdge Subdivision reveals that they would be willing to share in the costs of upgrading South Third Avenue, as long as they can be assured that sidewalks will not be required within their ne/ghborhood. He then noted there is substantial concern for the safety of those who use South Third Avenue, including students walking to school, joggers, bicyclists and motor/sts. Director of Public Service Forbes concurred it is best to install sidewalks in con- junction with fv|| street improvements. He then noted that the same problems arise along Dorston Road, whore sidewalks are proposed but there is no curb and gutter. The City Manager reminded the Commission that approximately ? feet along South Third Avenue is located within the County; therefore, an SID/RID would be re- quired if that approach is utilized. He also noted that the intersection of Kugy/Third/ Willson needs to be revamped; and he sugg*atod that revision be included in such an SID/RID if it is determined that complete improvement of the roadway is appropriate. Responding to the Mayor' the Director indicated that engineering studies for im- provement of South Third Avenue have been completed, including the intersection of kagy/Thiru/Wi\|son. City Manager Wysocki suggested that if the SID process is ud{/zeu it should be initiated by a put/don containimg more than 50 percent of the residents within the bound- aries of the proposed district. He noted that will ensure the success of the district, rath- er than the City initiating the district only to have more than so percent protest and kill b. Commissioner Frost noted that the prioritized list from the Pedestrian/ Traffic Safety Committee is substantially longer than this list proposed by the Director of Public Service. He then suggested that the sidewalk along N'vrth 11th Avenue from West Main Street to West Mendenhall Street he added if possible. Director of Public Service Forbes stated that sidewalk will fie on City park proper- ty. He further noted that monies are available in the budget to cover the costs of that installation. Mayor Hawks stated he feels it is necessary to know the estimated costs of improve- ments to South Third Avenue before the Commission makes its decision, particularly since the costs could be substantial for u relatively small district. Responding to Commissioner Frost, the Director indicated that the university will be hiN°u for any sidewalks installed along their property under the sidewalk program. The Director of Public Service then indicated that two dements enter into the size of the sidewalk program that can be effectively implemented in a year: (7) staff time to perform the necessary engineering and construction inspection work for the contractor and 1z-77-oo - 7 - (2) the number of property owners that can be accommodated through his office and the Assistant City Engineer's office without totally disrupting day-to-day operations. The Di- rector noted that those issues will be taken, into consideration as he prepares a timetable for the complete sidewalk program' to be discussed at the January 7 meeting. Responding to Commissioner Frost, Director Forbes stated that if the Commission is interested in moving forward with the program which he has proposed for next year, noti- fication should be made to the affected property owners as soon as possible. He noted that they could be given the first half of the summer in which to install their sidewalks; and the City could then utilize the second half of the summer to install the remainder of the sidewalks under contract with those costs being assessed to the property owner. Mayor Hawks noted this item will be on the January 7 agenda for further dis- cussion. Staff update re status of zone code - Assistant to the City Manager Brey (Commission dis- City Manager Wysocki noted this discussion is continued from last wooh^ s meeting. Assistant to the City Manager Qrey reminded the Commission of the following questions which he had submitted at last week's me,t|ng. He then requested that the Commission answer each of the questions in a majority response. 1. Neighborhood Conservation District review procedures should be' a) eliminated; b) modified (see attached memo from Paul C/vyv to Andy Epp|e dated July zs, 1990); or c} made uniform with Historic Preser- vation District procedures. Commissioner Swanson stated he feels some of the items listed in Mr. G|eye's memo should be addressed. He noted that a $«o fee for small projects is outrageous suggesting a $la fee or pnoo|b|y no fee would be more appropriate. He also suggested that neigh- borhoods that really want this type of protection should be encouraged to seek the historic preservation district status rather than the neighborhood conservation district designation. He feels the neighborhood conservation district serves some areas of the community well; however, he agreed with Mr. Qeyo'o observation that the properties should not be posted since the recommendation from the DRB is advisory only. Commissioner Frost stated he feels it is good to have the property posted, yo that neighbors are informed of proposed projects, He also stated support for having the pro- cedures for the neighborhood conservation district and the historic preservation district parallel each other; however, he noted they should not be the same. Mayor Hawks noted that e tour of the community will reveal those older homes which have been upgraded in a manner which has negatively impacted property values and quali- ty in the surrounding area. He then noted that there is no way to guarantee that the people living m°nt door will be good neighbors; however, this typo of provision in the l2-17-Vo - u - code should help encourage them to be. The Mayor then stated concurrence with Commis- sioner 3wanson's concern about the fee structure, noting he feels it is fairly arbitrary and does not reflect the benefit or scale of the project. He noted that the review which those applicants receive from the DRB reflects a substantial amount of expertise; and a small fee should be attached. Responding to Commissioner Swanson, Commissioner Frost noted that the master plan provides a mechanism for the Commission to impose a one-year waiting period on de- molition of historic bui|uiugs. He noted he does not feel that type of provision is neces- sary in the neighborhood conservation dbtrict. He also noted that the DRg recommenda- tions for structures within historic preservation districts are mandatory, while they are only advisory within the neighborhood conservation districts. The Commissioner also stat- ed he feels that the provisions of the zone code are appropriate; however, he stated he feels the information has not been adequately disseminated to the public. Commissioner Frost then rioted the neighborhood should possibly be given a choice on whether it wishes to be part of a neighborhood conservation district. He noted that his home is located in a neighborhood conservation district which borders an historic pres- ervation district: and the difference is those homes are 50 years old instead of 70 years old. He noted the benefits of district include assurance that property values will not be destroyed by what someone else in the neighborhood does, Commissioner Knapp asked if protecting property values is one of City government's roles; Mayor Hawks responded '/that is what zoning is all about." Commissioner Knapp then questioned the need for conservation districts. She noted that such districts seem to be based on the premise that all periods of design are equally attractive; and that point of view is not shared by everyone. Mayor Hawks stated support for the neighborhood conservation districts, suggesting that the option he provided for on area to petition out of such a district if a majority of the property owners so desire. Commissioner Swanson noted the high amount of restoration taking place in historic structures this past summer. He suggested that if residents were given an assurance that the monies they invested in those properties would be protected under some type of dis- trict, they may be willing to invest even more man/es. Mayor Hawks asked for additional information on the restoration activities that have taken place under the new code possibly including examples and pictures. Commissioner Swanson suggested that a brief survey sent to some of those who have been involved in the now process could generate some comments which would h,|n to direct the Commission in its deliberations on this item. Planning Director Epp|o estimated that »s to 40 projects have been completed, not- 12-17-90 -9- iny they are fairly well documented. Be noted that a list could be compiled, with surveys being sent to those individuals. Commissioner Frost stated that he has attended DRB meetings where the board has reviewed applications in the neighborhood conservation districts. He noted that the com- ments and proposed revisions to the plans have been well received and have actually added value to the homes. 2. DRB procedures should b*; a) eliminated and replaced with a de- sign-trained staff person; bl revised (see attached memo from Paul G|oye to the DRI3 dated October zu 1990); or o} combined with QRC into a single reviewing bvdy. Discussions should address the appro- priate staff responsibilities, e,y., contracted review services, the rn|m of design-trained staff, the role of the preservation officer and the addition of a professional engineer to the DRB. Mayor Hawks noted that at last week's meeting he had proposed that the uos/sn review staff person serve as the liaison between the DRC aind the DRB to ensure more harmonious recommendations. Assistant 8rcy noted that the issue of whether the Commission wishes to have the DRB and the oRC attempt to resolve their differences from the perspectiv*$ of design and technical expertise has not yet been answered. He also noted that presently there is no mechanism for attempting to ,csn|v* those differences before the recommendations are for- warded to the Commission. Planning Director EPpie noted that two of the present staff people could help to fa- cilitate more coordination in the reviews conducted by the DRB and the DRC on projects. He noted, however, that care must be taken to not place those staff members in a position where they are required to participate in the decision-making process or choose between the decisions made by those two advisory bodies- He suggested that if a unified rec- ommendation is desired the Commission may wish to consider creating a conference commit- tee comprised of members of those two bodies to roach an acceptable position. Commissioner Knapp asked if the areas or review by the DRB and the DRC have been adequately delineated; the Assistant responded they have not. He then noted that the DRC has standards to which it must adhere; and they have no ability to address flexibility or deviations from the standards set forth. He noted that the DRB does have the ability to recommend deviations from the standards set forth in the zone code; there- fore, it would be extremely difficult for the two bodies to conduct a joint review, Commissioner Knapp then asked how the Commission would facilitate delineating those areas of overview. Assistant to the City Manager Br"y responded that direction from the Commission on how they feel it should work, as well as input from both the oRC and the DRB will assist staff in developing those guidelines and parameters for review. Responding to Commissioner Knepp Planning Director Epp|c stated that deviations 1z-l7-90 - lO - are a new concept that was not available under the old code. He noted that in essence it is a "variance" related to aesthetic design or other similar considerations which du not pertain to hardship. Mayor Hawks questioned whether the existing code ties the hands of the oRC too tight. Commissioner Goehrung noted the City has adopted a number of national building codes/ and the appropriate advisory bodies have been created 10 deal with requests for exceptions to those codes. He then expressed concern that health and safety issues might be compromised in the denbion-making »rvcoy, on applications for deviations under the new zone code. Mr, Roger Craft' Chairman of the City-County Planning Board stated that de- cisions made on any requested deviations could be specifically stated so that they apply only to the subject application. He then emphasized the fact that the new code provides flexibility not available under the old code; therefore, projects can now be undertaken that previously could not be. He noted that the deviation process was created to enhance that section of the code, since variances may be granted for hardships only. 3. Similar procedura/ revisions to those described in Item #z should be considered for the DRC' Increased coordination of staff has been ac- complished particularly in regard to minor site plan review but at the cost of significant amounts of staff time. On matters which pro- ceed to the Planning Board or City Commission, the process accom- plishes little beyond what the previous referral process (with plan- ning staff and board coordination of recommendations) occmmp(iyhed. Responding to Commissioner Frost, Assistant Brey stated that under the old zone code, the Planning staff sought input from the various staff members; and incorporated those comments into the staff repvrt. Under the new code, those staff members review projects at a specified time on a face-to-face basis. The Assistant noted that on minor projects, this now process and the coordination it =cui=v=n are valuable; however, he stat- ed there is no benefit derived on large projects or deviations which go before the City- County Planning Board and the Commission. He stated that large projects are considered over a span of three meetings; and the review generated through those meetings does not seem to be as effective as written comments which can be carefully reviewed and incor- porated into a comprehensive report. 4. Expand the role of the mRa by establishing a mini-PuD process which wnoN provide a design review option for projects located outside the overlay districts. If this approach is pursued there would be a substantial impart on the workload of the DRB which must be con- sidered in conjunction with any other procedural revisions. Commissioner Frost stated he has discussed the mini-PUD process with three of the DR8 members, who indicate they do not f**| this proposal would have substantial impact on their workload. The Assistant stated this concept is a spin-off with conversations with the DRB. 12-/7-yV He noted that this would be a simplified process for those PU[ps not located within overlay districts, such as around the new hospital. He noted that this *muW expand the options for developing properties through the design review process. Ho then stated that one DRB member has noted that the Design Review Board is a volunteer body which meet$ ev- ery week from 4:00 m.m, to o'oo or 7:00 p.m.; and to accommodate this expanded role vmuW require some other structural revisions. He noted, therefore, that efficient use of the DRB'a time in the review process must also be considered in conjunction with this item. The Assistant them indicated that if the mini-PuD concept is desirable to the Com- missioo staff will work to develop, a full-blown proposal. Mayor Hawks stated he feels a mini-PIUD option would be good. S. Coordination of ORB and DKC recommendations should be improved. Procedures for addressing areas of overlapping concern ahvn;d be clearly specified, One suggested approach would a) describe distinct areas of responsibility for each body; and b) coordinate the review procedures of the two bodies by providing for a conference committee to resolve issues when conflict arises. If resolution is not eccnm- p|ishod the Commission is presented with a committee report which describes both technical and design considerations with sufficient de- tail to assure an informed uecisinn. Commissioner Swanson noted that coordination of the DRB amd the DRC is necessary to avoid some serious problems. He then encouraged the Commission to consider the appli- cant's point of view and the problems that could be incurred if the DRB revises and ap- proves a plan based on the design elements, and the applicant is then unable to obtain a building permit because the plan does not meet code requirements. The Commissioner ex- pressed concern that some projects currently in the system are nearing that danger point; and he feels that coordination between the bodies is essential to avoid those problems. Assistant to the City Manager Ron Brmy stated that having a staff person carry the project before the various advisory bodies should help to reduce those potential problems, and provide for better coordination of the recommendations forthcoming from those two bodies. He also noted that defining the responsibilities of the DKC and the DRB is needed to decrease the diverse recommendations coming to the Commission. Mr. Roger Craft noted that coordination of reviews is the key to successful admin- istration of the new code. Commissioner Swanson reiterated his concern, noting he feels the building inspector has been compromised because he has been required to issue building permits for projects not meeting the necessary requirements. Assistant Brev indicated that is the type of information he and the Planning Direc- tor need so they can incorporate the necessary revisions in the finalized code. Mayor Hawks noted that while the code requirements cannot be altered, the staff policy can be to alleviate some of the problems. He noted that providing some flexibility o-n-9O - 12 - for the DRC might also be beneficial. He indicated that if there are some area, in which staff's hands are tied too tight, the Commission should be made aware of them. a, oRa has proposed qualitative and quantitative revisions which in- creas landscaping —— standards. — Projects ^''^`^ r ~,`^e greater-than- standard provide effective additional landscaping as part of the design pack- age. Trade offs between landscaping and signage would no longer be a significant consideration in the review of deviations. Individual de- sign elements would continue to be considered as part of an integrat- ed site plan. Applications proposing deviations or using the proposed mini-PUD re- view described in Item #* above wU/ therofore, be reviewed against |c,s measurable design considerations. If these revisions are pur- sued, the City Commission should determine: a) whether standards should continue to provide a base reference point as deviations or de- sign elements of PUD/s are considered; and b) how to best develop, with the assistance or the DRg, design guidelines which provide a reference for design review and describe a general degree of allow- able flexibility without mandating design elements. Responding to Commissioner Frost, the Assistant indicated that this proposed alter- native would be completed independent from the design objective plans. He stated this question was posed in an effort to determine if this a|ocrnaUwc is appropriate after the landscape standards are upgraded and the exchange between landscaping and oigmage is basically n!iminated. He noted this alternative may create some flexibility within specific parameters. Mayor Hawks noted that as standards for landscaping are elevated, the DmB will be put in a position of trading landscaping against signage and des/gm/ and requested de- viations will be from those higher standards. Assistant arny noted the upgraded standards will probably n*au|t in requests which involve a coordinated package which takes into consideration all elements of the site and the project, r. Overlay considerations and land use designations should both be ref- erenced in design review of projects, (e.g.' the Billion proposal was required to address both the entryway considerations on West Main and location within a residential land use designation). The Commission dm not discuss this item. r. Entryway procedures should parallel Historic Preservation procedures to the extent practicable. This might include: a) the issuance of Certificates of Appropriateness; b} the provision of more detailed cri- teria for approval of deviations (see Item #5 above); and c) the de- scription of design review provisions as they apply to proposals which adhere to standards, The Commission did not discuss this item. 9. The pros and cons of the "substantial weight" provision in Section 18,43.040 of the code have been discussed at various times, The Commission and the DRB should become comfortable with the intent or the provision or develop alternate |angvagv. A resolved provision should be added to Chapter 18.42. The Commission did not discuss this item. 70. Further consideration of a two track (fast track or design review) system may be needed. The role of the public in DRC and DRB ro- 12-17-90 - B- views is a major consideration in any fast track approach. The Commission did not discuss this item. p|aced on upcoming a8wndas. Continued discussion hiring f urban design i in Planning D epartment The City Manager reminded the Commissioners that they had requested this item be placed on the agenda. Mayor Hawks noted that during this past week, Commissioner Knapp suggested that this item be the topic of a work session, when adequate time can be set aside to really ad- dress the issue. He then asked for Commissioner response to this proposal. The Commissioners concurred, discussing who should participate in such a session. As a result of that discussion it was determined that the City Commissioners, at least one representative from the Design Review Board, the City-County Manning Board members, Planning Director Andy Epp|c and Assistant to the City Manager Ron 8rey should be pres- ent for the work ness|nn, as well as any other interested parties, The Commissioners also set the work session for 12:0O noon on Monday, December 31 if that time can be accom- modated by an adequate number of the parties to be invofved. Break - s:os to s:os p.m. Mayor Hawks declared a break from 5:03 p.m. to 5:06 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff report re results of " collection, disposal and billing survey d ire" dated October 22, 7990 City Manager Wysocki noted that a copy of the summary of responses to the "gar- bage collection, disposal and billing survey questionnaire" dated October 22, 1990, was in- cluded in the Commissioners' packets. Commissioner Goehrung introduced those members of the ad hoc recycling committee who are: present for this agenda item, including Jennifer Beall, Harry Ellis, Rick Meis, Mary Wagner and Shannon Walden. Administrative Services Director Miral Gamradt reviewed the results of the survey' as follows. He noted that 350 questionnaires were mailed out to randomly selected persons on the assessment list; and 244, or 70 percent, were returned. The Director stated that the responses to Question No. 1 indicate that a City- instituted recycling program will not have much effect on the recycling of aluminum cans. He noted that a high percentage of people already recycle those products, generally be- l2-l7-yu - M- cause of the financial benefit that can be darivod. He stated that the question further reveals that the percentage of oil and batteries that would be recycled, even with a City- instituted program is low; and he attributed that to the fact that most people do not change their own vi| and batteries rarely need replacing. He noted that' aside from those two categories, a City-instituted recycling program should result in approximately two-thirds of all household wastes being recycled. The responses to Question No, Z reveal that "lack of outlets willing to accept re- cyc|ab|ey effects 70 percent of the respondents, and causes their inability to recycle. The responses to Question Nn' 3 indicate that no involvement by City government was the least desirable option available, with a satellite recycling program ranking first followed by an education program operated by the City' a private enterprise program sub- sidized by the City and a curbside recycling program operated by the City ranking as the highest priorities in that order. He further noted that the responses revealed that 76 percent of the respondents prefer City involvement in some manner. Responses to Question Nn. o indicate that 67 percent would be willing to pay up to 5 percent in increased garbage collection and disposal rates for a recycling program; and 40 percent would he willing to nay op to 10 percent more. The responses to Question No. 5 reveal that slightly more than half of the respon- dents were aware ofthe composting program last summer; only 28 percent participated; and 64 percent would have participated if they had more in[nrm:otion. He then noted that om|y 12 percent indicated an intent to purchase some of the composted material, which in- dicates the lack of a market for that product could become a problem in the future. Also, 87 percent of the respondents r,e| the City should do more to educate the public about its composting program. Commissioner Swanson noted that one of the local nurseries brings in compost mate- rial from Missoula and could use r,em more. He suggested, therefore, the City may not have difficulty finding a market for its compost material. Ms. Jennifer Beall suggested that some of the compost material could be used in the City garden plots. Responses to 0ueouum No- « ,oveu| that 47 percent prefer maintaining the current annual billing cycle, while 38 percent would prefer a monthly billing and 15 percent would prefer a semi-annual billing. Commissioner Swanson noted that when the numbers are added together, more pre- fer a change in the billing cycle than wish to see the present method retained. The Director then stated that the responses to Question No. 7 rovnal that two- thirds of the respondents do not want an automated garbage collection system, Administrative Services Director Gamradt stated that the remaining pages of the zz-17-ym -l5- summary contain all of the narrative comments which were included in the responses to the questionnaire. He noted that most of the comments are positive; however, there are some negative comments as well. Commissioner Goehrung thanked Administrative Services Director for the time and effort he has taken to prepare the questionnaire and summarize the results. He then asked the Commission to refer this summary to the ou hoc recycling committee for further review and deliberation. He then noted that the 70-percent response is an extremely high percentage of return for this typo of survey. Commissioner Frost noted that an education program appears to be the most desired City activity at this time. He then suggested that the committee consider what type or program could be implemented that would be an effective firs/ step. Commissioner Goehrung stated the committee has set the second and fourth Mondays at 7:00 p.m. as their meeting time, beginning January 14 1991. He noted that agenda items for the next meeting include establishing a timeline, establishing priorities and a more comprehensive review of the survey results. He them indicated that minutes of the meetings will be forwarded to the Commission; and recommendations will be f^nwanuau as Ms. Mary Wagner thanked the Administrative Services Director for the energy he has expended in processing this survey and providing such a comprehensive summary. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission acknowledge receipt of the summary of results from the "garbage collection, disposal and hi|Umg summary questionnaire" dated October 22 1990; and submit that sum- mary to the ad hoc recycling committee for further 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 S=amson Commissioner Knapp, Commissioner 0nehrung Commissioner Frost and Mayor Hawks; those voting No non*. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. pro- posal. The City Manager indicated that this item will be placed on the December 31 agenda for Commission action, (2) Letter from Barbara Brown, 2540 Trail Crest Drive, stating appreciation for installation of the traffic signal at Main Mall. (3) Minutes and information from the Bozeman Area Bicycle Advisory Board meet- ilpar=111 -1m- ing held on November 2. mon. (4) Agenda and packet for the City-County Planning Board meeting to be held on Tuesdey. Qocamt*r 18 at 7'00 p.m. in the Commission Room. (5) Copy of a proposed letter from the Mayor to Mr' Edmund Burke stating the City's potential interest in the Sourdough Ridge property which he currently owns. The City Manager noted that this letter was drafted in response to a recommenda- tion forwarded by the Recreation and Parks Advisory Board. Mayor Hawks expressed on interest in saving the ridge for recreation purposes' noting that several people worked to ensure that this issue was included in the 1983 mas- ter plan. He then expressed frustration that the master plan was never implemented be- cause the zone code was not updated at that time. He stated that this project has broad community support; and he feels it is important to recognize that interest by sending this letter. The Mayor then indicated that the issue of funding possible acquisition of the prop- erty must be considered. He noted there are some monies in the Parkland Trust Fund, but not near enough to cover the costs. He then suggested that some type of bond issue should possibly be considered, noting that one of the City's existing general obligation bond issues will be paid off in 1994. Na noted another possibility would be issuance of citizen bonds, which would allow local individuals to become involved in financing of the project, Commissioner Frost stated that petitions are currently being circulated throughout the community to indicate support for saving the ridge. He noted that the ridge is used more than most people realize. Commissioner Swanson noted that the recent student presentation on the ridge was very well attended, which reflects broad support for saving that amenity. Mayor Hawks expressed an interest in signing and sending this /ct1ur as ymmn as possible; the Commission concurred. Commissioner Frost then suggested that this letter be sent by certified mail, to en- sure that Mr. Burke has received the letter; the Commission concurred. (6) The City Manager submitted his weekly report, as follows. (1) Fifty dead or near-dead trees have been removed by City staff in the past two months. (2) Staff is continuing to address more paperwork on the two hazardous materials p,vh|omu in which the City is currently involved, including the asbestos contamination and the Buttrev/s shopping center groundwater contamination problem. (z) Tnwrou the various sites being considered for the performing arts center with the committee this past week listening to the pros and cons or each site, (4) Attended the mM|A meeting on Friday where various |mgie|xdvu proposals were discussed. (5) The fact finding meeting has been rescheduled 12-|7-80 - 17 - to January zx at the BPPA's request. (6) Reminder of the Chamber of Commerce meeting with legislators scheduled for 7.30 a.m. on Thursday at the Holiday Inn. (7) Announced that Assistant to the City Manager Broy will serve as Acting City Manager from Friday /x,*wgh New Year's in his absence. (7) Commissioner Swanson reported on his attendance at a meeting of the "com- mittee for a change," which included people from the business community as well as environ- mentalists. He noted that one of the issues discussed was the clear cut which occurred in the Bozeman drainage in 1984; and methods of addressing that eyesore were considered. He noted the next meeting of the committee is scheduled for sometime in January. (n) Commissioner Knapp submitted the following. (l) Attended the Interagency Breakfast on Wednesday noting it was sparsely attended. (z) Participated in a brunch given by the Friends of the Library for those people who have served the library in, vol- unteer capacities. She then rem|mdad the Commission of her interest in discussing some manner in which the City may recognize and honor the many volunteers who serve in dif- fering capacities throughout the system, Mayor Hawks requested this item be placed on the December 31 agenda for dis- cussion. (y) Mayor Hawks submitted the following. (\) Attended a forum sponsored by ERA Landmark Realty on Tuesday, noting the topic or conversation was economic develop- ment and growth in Bozeman. He stated that statistics reflect that property values in Bozeman are just now beginning to catch up with inflation over the post ten years. He also noted that the rate of growth within the three-mile jurisdictional area and the city has been less than it may have seemed. (a) Distributed copies of a letter from Jue/ie McLean, 709 South Third Avenue, concerning the technique used to create ice on the ice skating rink at Southside Park. He then asked that this letter be referred to staff with a re- sponse to be submitted back to the Commission at the December 31 meeting. (o) Asked Commissioner Frost to represent the Commission at the ceremonies honoring Dustin Maxwell for his scout project; the Commissioner accepted- Consent Items Thn City Manager presented to the Commission the following Consent Items. Authorize ah f Commissioner Knapp from the meeting of January r 1991, in compliance with Section 7-3-4322(2j, MCA Authorize absence of Mayor Hawks from the meeting of January 14, 1991, in compliance with Section 7-3-4322(2), MCA Authorize use of annual leave - City Manager Wysocki - December 31, 1990; ratify appointment ot Assistant Brey as Acting City Manager Claims It was moved by Commissioner cvehrung seconded by Commissioner Frost, that the Commission approve the Consent Items as listed and authorize and direct the appropriate 1z-n-90 - lR - persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung Commissioner Froyt, Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Public hearing - Zone Map Change - AS to R-1 - Michael P. Sand - approximately 52 acres located in the NW- Section 29, T2S, R6E, MPM (east ���h Road just north of Goldenstein Lane, boundedby Sourdough Ridge Subdivision and Hil�crest Subdivision) This was th!e time and the place set for the public hearing on the Zone Map Change from AS Agriculture Suburban' to R_/ Residential--single-family, low-density, requested by Michael P. Sand on approximately 52 acres located in the northwest one-quarter of Sec- tion 29, Township 2 Snuth, Range 6 East, Montana Principal Meridian. The subject parcel is more commonly known as being (ocatod east of Sourdough Road just north or Gouenstein Lane, and is bounded by Sourdough Ridge Subdivision on the north and Hillcrest Subdivi- sion on the west. The City Manager submitted to the Commission a copy of a letter from Mr. Michael Sand to the City-County Planning Board dated November ]o 1990 requesting that this application not be acted upon at their December 4 meeting. He then noted that the Plan- ning Board voted to table this item indefinitely at their meeting, and recommended that the Commission consider taking n similar action rather than considering the application at this It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission table the public hearing and action on this subject application until such time as a recommendation is received from the City-County Planning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung Com- missioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those vot- ing No, none. Adjournment - 5:47 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 Ay* and No vote: those voting Ave being Commissioner Frost Commissioner Swanson, Commissioner Knapp, Commissioner Gvehrung and Mayor Hawks; those voting No none, 1z-l7-yo