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HomeMy WebLinkAbout1990-09-24 " ii, .. " f " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 24, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 24, 1990, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson, Acting City Manager Ron B rey , City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners would like any of the Consent Items removed for discussion. Acting City Manager Brey requested that Commission Resolution No. 2817, creating the Bozeman Area Bicycle Advisory Board, be removed for discussion. Minutes - September 17, 1990 Mayor Hawks deferred action on the minutes of the regular meeting of September 17, 1990, for a period of one week. Consent Items The Acting City Manager presented to the Commission the following Consent items. - COMMISSION RESOLUTION NO. 2816 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE POLICY GOVERNING THE DESIGN, IMPLEMENTA- TION, CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN THE CITY OF BOZEMAN, MONTANA. of October 15, It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Consent items as submitted, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Com- missioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. This was the time and the place set for the continued public hearing on variances 09-24-90 " r ~ 'j i - 2 - F to Sections 18.26.050, 18.50.100.D.5.a., and 18.50.100.D.6. of the interim zoning ordi- nance requested by Michael Hall to allow construction of a 6,837-square-foot professional building on Lot 1, Block 2, University Square Subdivision. The subject site is more com- monly located at the southwest corner of the intersection of South 20th Avenue and West Dickerson Street. Mayor Hawks reopened the continued public hearing. Acting City Manager Brey submitted to the Commission a memo from the Planning Staff dated September 24 concerning this application. He then reminded the Commission that since this application pertains to variances, a minimum of four affirmative votes is necessary for approval. Planning Director Andy Epple reminded the Commission that this public hearing was opened three weeks ago; and substantial pUblic dissent was voiced at that time. He stated that staff has worked with both the applicant and residents of the Southbrook Condominium Owners' Association; and the resulting revisions are acceptable to all parties concerned. The Planning Director highlighted the revisions, which include: (1) removing the second story, thus reducing the size from 6,837 square feet to 3,600 square feet; (2) reducing the width of the building by two feet; and (3) relocating the building so it en- croaches only two feet into the front yard setback rather than the initial twelve feet. The Planning Director stated that removal of the second story, and the accompany- ing reduction in square footage, reduces the number of required parking spaces from nineteen to eleven. He stated that with this reduction in parking spaces, the parking lot on the east side of the creek will be abandoned; therefore, the variances approved by the Board of Adjustment are no longer necessary. He indicated that the property east of the creek is now to be retained in a landscaped open space setting, with a gazebo to possibly be constructed at some time in the future. He noted that the bridge is still to be con- structed during initial development of the site, so that access may be gained to that side of the parcel. Planning Director Epple stated that the obstructions which were initially anticipated in the City's easement have been eliminated; therefore, City crews can obtain access to the manhole along that easement rather than through a compacted gravel access at the south end of the bui Iding. He also noted that this allows the applicant to relocate the structure further back on the lot, so that only a two-foot encroachment into the front yard setback is required. He indicated that a significantly landscaped buffer strip may now be accom- modated between this commercial development and the residential development to the south, with a dumpster enclosure to be contained within that landscaped strip at the end of the parking lot. He stated that this garbage dumpster and enclosure are located close to the south property line; however, the location is close to the garages and utility area for the 09-24-90. > 1 ;.: '" - 3 - f Southbrook Condominiums, not close to the residences themselves. The Planning Director then stated that with the relocation of the building three feet to the east, thus encroaching into the City's easement; the two-foot reduction in width of the structure; and a one-foot reduction in the driving aisle width, a six-foot landscaped buffer strip which includes berms, shrubbery, grass and trees may be provided between the parking lot and the residential uses immediately to the west. He noted that the one-foot reduction in driving aisle width will require a variance which was not previously requested; and encroachment into the City's easement should be covered by an agreement. The Planning Director stated that the memo contains one additional recommended condition for approval which would require that the applicant provide a maintenance agree- ment for the open space east of the stream to ensure that it is maintained in an attractive manner. He then stated that, following discussions with the City's Water and Sewer Superintendent ea rl ier today, he would suggest that another condition be added which would require the applicant to maintain the soil within the utility easement in an undIs- turbed manner to ensure that City crews may gain access to the manhole whenever neces- sary. He noted that to disturb the soil could result in trucks not being able to gain ac- cess to the manhole through the City's easement. He stated the condi'tion should also con- tain the provision that the applicant sign a hold harmless agreement, which would remove any City liability for possible damages to landscaped areas because of gaining access through Its easement. Responding to a question from Mayor Hawks, the Planning Director stated he has not discussed this second recommended condition with the applicant or his representative since the issue just arose earlier today. Responding to Commissioner Frost, the Planning Director stated that, although bou- levard trees have not been shown on this revised site plan, they will be required. He noted that under this revised site plan, the required 30 points for landscaping must be met; and that cannot be accomplished without the installation of canopy trees in the boule- vard area along West Dickerson Street. Commissioner Swanson asked if the eastern portion of the lot is to be landscaped in native grasses or If it is to be more completely landscaped. Mr. Van Bryan, associate of Jerry Locati, stated that the eastern portion of the lot is to be sodded, so that the entire site has an appearance of continuity. Responding to Commissioner Knapp, Mr. Bryan stated he does not have any eleva- tion drawings of the revised structure. He noted that the building is to be 36 feet wide; and the pitch of the roof will conform with that of the Southbrook Condominiums. Responding to Commissioner Swanson, Mr. Bryan stated he does not believe the second condition recommended by the Planning Director will create any problems, so long 09-24-90 -_._-~- -------- -,---- ._-~ '. , , t - 4 - i as the applicant is allowed to maintain that strip as a viable landscaped area that can be irrigated and mowed along with the remainder of the grass. Mr. Calvin Braaksma, Vice President of the Southbrook Condominium Owners' As- sociation, stated he is also an attorney with the Landoe, Brown law firm. He stated that following the last meeting with the Planning Director, which occurred on Friday, he dis- tributed memos to all condominium owners asking for their comments. He stated that most of the feedback received was positive; however, there were a few exceptions. He stated that a number of the major concerns which had been previously expressed by residents of the development have been resolved with this revised plan, since those centered around the height and bulk of the proposed structure. He stated that the two-foot encroachment into the front yard setback is acceptable; and the landscaped buffer to be provided along the west side of the parking lot is acceptable. Mr. Braaksma stated, however, that some major concerns still remain. He noted that the garbage dumpster has been maintained in its original location, which distresses some of the residents. He noted that the dumpster is to be located in a four-sided enclo- sure within the landscaped buffer strip along the south property line; however, the resi- dents a re opposed to a ga rbage dumpster being located five feet from thei r ga rages. He recognized that no variance is needed for this dumpster location, suggesting that Southbrook may install some of its own landscaping in that immediate area. Mr. Braaksma noted that Southbrook is a high-density residential development; and it is important to maintain a substantial amount of open space in that area to minimize the impacts. He stated it is important that the eastern portion of this lot be landscaped and maintained in a manner which will enhance the site and the neighborhood. He also stressed the importance of maintaining the easement strip so that it enhances the area, rather than leaving it undisturbed and unwatered. Mr. Braaksma then stated that, given the qualifications stated, and with the new variances requested, the Southbrook Condominium Owners' Association has no objection to the revised plan. Commissioner Knapp noted that the dumpster will be visible from the second story windows of those condominiums close to the subject parcel. She then asked if the top is to be screened from view. Mr. Bryan stated the top is typically not screened; however, he indicated that pos- sibility can be considered. Commissioner Frost asked about the location and amount of the exterior lighting. Mr. Van Bryan responded that there will be a couple of lights in the parking lot, one on the sign and a couple in the front yard area. He indicated that the poles for those lights will be nine feet tall and will be architecturally designed to blend with the 09-24-90 <, ,. . . . . , - 5 - .' overall project. The Planning Director reminded the Commission that under the interim zone ordi- nance, all lighting must be directed downward on the subject property, and may not illu- minate the adjacent property. Commissioner Goehrung asked about the possibility of a building being constructed on this site east of the creek at some time in the future. .' The Planning Director responded that, because of the setback requirements from the streets and the stream corridor, the buildable area is very small and probably would not be able to accommodate another building. Mayor Hawks closed the continued public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the customary one-week waiting period for land use decisions be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve variances to Sections 18.26.050 and 18.50.120.B.l. of the interim zon- ing ordinance for Michael Hall to allow construction of an approximately 3,600-square-foot professional office building on Lot 1, Block 2, University Square Subdivision, subject to the following conditions: 1. That the requested two-foot variance from Section 18.26.050, Front Yard Setback, requirements be approved due to the limited available space for building, caused by the unusual topography of the property, including the presence of utility easements and a stream corridor; 2. That the requested one-foot variance from Section 18.50.120.B.l., Stall, Aisle and Driveway Design, requirements be approved due to the limited available space for the building, caused by the unusual topography of the property, including the presence of utility easements and a stream corridor; 3. That the applicant be required to provide a ten-foot vegetative buffer strip along the south edge of the property beginning at the southwest corner and continuing east to the edge of the stream corridor vege- tation, within the side yard setback; 4. That the applicant be required to provide a six-foot vegetative buf- fer, including berming, sod, trees and shrubbery, along the west property line, subject to approval of the Planning Director; 5. That the applicant provide the City with a maintenance agreement assuring that the landscaped open space on the property east of the stream be kept free of weeds and maintained in a green and healthy manner, subject to review and approval of the Planning Director; 6. That the applicant enter into an agreement with the City to provide for a three-foot encroachment into the City's sanitary sewer easement. Said agreement shall also stipulate that the applicant shall maintain the soil surface of said easement in an undisturbed and unencumbered state to ensure year-round access to the manhole, and shall hold the City harmless for any damage which might be incurred in gaining ac- cess to said manhole. The applicant further agrees to maintain said easement, free from weeds and in a green and healthy manner; and 09-24-90 , j - 6 - 7. That this approval is subject to all relevant conditions as imposed by the Development Review Committee on August 6, 1990. The motion carried by the fol/owing Aye and No vote: those voting Aye being Commission- er Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. operation of SW! of Sec- This was the time and the place set for the decision on a Conditional Use Permit for a commercial Planned Unit Development requested by Vern Essman, to allow construction and operation of a 2,31 O-square-foot dry cleaning establishment on a 21, OOO-square-foot lot in the Southwest quarter of Section 12, Township 2 South, Range 5 East, Montana Princi- pal Meridian. The subject site is more commonly located at 1102 West Babcock Street. Acting City Manager Brey presented to the Commission a memo from the Planning Staff dated September 21, providing additional information on the criteria under which this application is to be considered. He noted that Mr. Jack Greenway had also submitted a memo dated September 21; however, it should not be considered in the decision-making process since it was submitted after the public hearing was closed. Mayor Hawks announced his conflict of interest, due to the location of his office im- mediately across the street from the subject parcel. He then yielded the gavel to Mayor Pro Tempore Swanson and stepped down from the dais. Mayor Pro Tempore Swanson reminded the Commission that the public hearing has been closed, therefore, no pub I ic comment wi 1/ be received. He did, however, request a brief synopsis from the planning staff. Planning Director Epple briefly highlighted the proposal. He reminded the Commis- sion that fol/owing its public hearing, at which a considerable amount of neighborhood con- cern was expressed, the City-County Planning Board voted to recommend denial of this proposed planned unit development. The Planning Di rector noted that this is the first application for a commercial planned unit development within a residential zone which staff has processed under the new interim zoning ordinance provisions. He noted that staff made an effort to recommend approval of this appl ication, suggesting those efforts may have been extended too far. He then noted that one Planning Board member observed that commercial planned unit develop- ments should be the "rare exception" and, because of the neighborhood concerns, he did not feel that this project qualified as a rare exception. Commissioner Knapp stated that during her latest review of this application, she equated it to "stuffing a square peg into a round hole. II She then noted it is important 09-24-90 , I . , . ~- - 7 - ; that a transitional area be provided between commercial and residential development. She also indicated she does not feel this application provides a neighborhood service. Planning Director Epple stated that, contrary to rumors which have been circulat- ing, the subject parcel is zoned residential and is on the market as such. He noted that since the property is located at the intersection of a collector and an arterial street, it may be developed as a commercial planned unit development after going through the condi- tional use process and being approved. He then reminded the Commission that approval of a commercial PUD is a site specific approval. Commissioner Frost noted that this application and site plan do not contain any lighting information. He stated that when a commercial development occurs in a residential area, he feels that the lighting issue is extremely important and should be reflected in the plan. Commissioner Frost then compared this subject site and the proposed development to the existing Pizza Hut located at 708 West Babcock Street. He noted that the lots are ap- proximately the same size; the proposed dry cleaning building would be larger than the Pizza Hut building; the paved parking area would be substantially larger; the Pizza Hut ~~rt~ J 7 . in is s k 24 feet from the c:trepts and is located further from the residential de- velopment than this building would be; and the amount and size of mature vegetation along the streets on the Pizza Hut lot would not exist on this subject lot. The Commissioner stated, therefore, that he feels that the application under consideration would have a greater negative impact on the area than the Pizza Hut, which has been strongly crit- ici zed. The Commissioner then suggested it may be beneficial to make the commercia I planned unit development requirements stricter where such uses are to be permitted in residential zones. Commissioner Frost then noted that he disagrees with much of the information which was submitted on the forms which were prepared by the applicant. He suggested it would be beneficial to have staff fill out those forms, to determine how someone other than the applicant views the project. Acting City Manager Brey reminded the Commissioners that they had requested that staff compare the two petitions which had been submitted regarding this application as well as the traffic impact analysis which had been completed. He reported that a review of the second petition, which was submitted at last week's meeting, contained seven cross overs from the first petition. He stated that approximately twenty of those signing the petition were located outside a seven-block radius from the project. He noted that eleven of those who signed listed business addresses in that immediate area. The Acting City Manager then stated that the traffic analysis appears to be com- plete and wel/ done. He noted that the study revealed that the proposed project would 09-24-90 . " , . . , - 8 - create a small percentage of impact on an intersection that is already functioning inade- quately at peak hours. He suggested that if this project is approved, the applicant should be required to participate in mitigating measures to the extent of the proposed use's impact on that intersection. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that Conditional Use Permit for a commercial Planned Unit Development requested by Vern Essman, to aI/ow construction and operation of a 2,31 O-square-foot dry cleaning establish- ment on a 21,000-square-foot lot commonly located at 1102 West Babcock Street be disap- proved, per City-County Planning Board recommendation. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Comm iss ioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Pro Tempore Swanson; those voting No, none. Mayor Pro Tempore Swanson returned the gavel to Mayor Hawks. Letter of resi nation from Board and Desi n Review Board as sub- mitted by alph Johnson The Acting City Manager noted that Ralph Johnson's letter of resignation from the City-County Planning Board and the Design Review Board, dated September 19, 1990, was included in the Commissioners' packets. Mr. Ralph Johnson highlighted the contents of his letter, noting it was submitted in response to comments made at last week's Commission meeting. He reminded the Commis- sioners that members of the City-County Planning Board and the Design Review Board are appointed by the Commission and sit at their pleasure. He stated that if he no longer sits at the Commission's pleasure, they may accept his resignation. Mr. Johnson stated that the Design Review Board is comprised of professionals; and he feels that they operate in a professional manner and make all decisions in open meet- ings, not "under the table" as some people may infer. He then reviewed the process which the Board follows in considering requests for deviation to the sign code provisions, noting that process is absolutely subjective. He stated that the professionals review the proposal, taking into consideration all elements of the existing site as wel/ as proposed changes, and dictate their findings and reasons for the file. Mr. Johnson stated that the Planning Staff's role in DRB issues is very minimal; and the comment that staff doesn't know what to tell the applicant is an accurate assess- ment. He noted that the DRB makes its decision on an application; and that recommenda- tion is then forwarded to the Commission as a consent item. He noted it is then the Com- mission's responsibility to consider the ORB recommendations and make the decision. He stated that members of the Design Review Board have no problem with the Commission overturning its recommendation, ;. nO,tlng that in time they will learn the Commission's 09-24-90 , : , . . . - 9 - desires and be prepared to more closely reflect those desires in their decisions. Mr. Ralph Johnson then stated that the City's interim zoning ordinance is unique; and no other major metropolitan area in the United States has this type. He noted that it is extremely important that members of both the public sector and the private sector rec- ognize the problems inherent in this type of document as. wel/ as the potentials which it contains. Commissioner Goehrung noted that this letter was prompted by his comments submit- ted during last week's meeting. He stated that the comments were not directed at anyone individual nor were they meant to be inflammatory, and apologized if they were received in that manner. He stated, rather, that he had already questioned the recommendation for approval of two other proposals and felt that his concerns were remaining not addressed and not met. He noted that the development standards under which signs are to be con- sidered in this deviation process have not yet been established, so it is difficult to deter- mine if they have been met. Commissioner Goehrung stated that his negative vote on last week's agenda item did not reflect his perception of the applicant, his project or the manner in which he conducts business, rather it was in response to the process which is currently being followed. He then stated that if his comments have slowed the process and caused discussion, he has accomplished his goal. Commissioner Frost stated he has always accepted the recommendations from the De- sign Review Board and the City-County Planning Board as advisory, noting the Commission must then make the final decision. He then thanked Mr. Johnson for giving the Commis- sion an opportunity to not accept his resignation. Commissioner Swanson stated support for Commissioner Frost's comments. He then stated that he does not support the placement of deviations on the consent agenda, noting he feels that inadequate information is available under that format. He also suggested it may be beneficial to have someone from the DRB present to respond to questions when the Commission is considering their recommendations. Mr. Ralph Johnson responded that the consent agenda has been utilized as a way to let the applicant know that his proposal is being expedited as quickly as possible. He then stated that he recognizes it is Imperative that the Commission receive more information pertaining to these requests, including the ORB's notes and recommendations. He then expressed a hesitance to agreeing to have a ORB member present at each Commission meet- ing where this type of request is being considered, noting it is often difficult for Board members to be present at an afternoon meeting. He then stated it is important that each Commissioner visit each site prior to the Commission meeting so they are aware of the uniquenesses involved. 09-24-90 , f , - .. - 10 - . Commissioner Swanson noted that Commission decisions have been difficult because of the lack of information. He noted that to have the additional information will be very beneficia I. Commissioner Knapp likened the implementation of the new master plan and zone code to the birthing process, noting that both are very painful. She noted that is com- pounded by not having enough information from which to make 'the decision. She also not- ed that one comment which has been reiterated is the fact that the a-foot height limitation has caused people to follow the deviation process. She then suggested softening of the requi rements, and possibly raising the height I imitation. Mr. Johnson responded that in many instances, the signs conform with the interim zoning ordinance; therefore, the Commission does not see them. He also noted there is fairly good rationale for the a-foot height, which is below tree line when mature vegetation is involved. He stated that it is important to consider the integration of signage and landscaping when determining the desired streetscape; and that basically eliminates signs between a and 16 feet in height. He then encouraged that the a-foot height limitation be retained, with the deviation process for those who wish to pursue that route. Mayor Hawks thanked Mr. Johnson for using his personal and professional expertise to benefit City planning efforts. He then encouraged Mr. Johnson to continue serving in his present capacities. He noted that possibly this evening's work session will generate some conceptual limits for the design standards that are needed to more appropriately ap- ply the deviation process. Mr. Johnson noted that would be beneficial, suggesting that a review of projects which have been considered in the past, including their strengths and weaknesses, could help to establish the parameters of consideration. Ralph Johnson then noted that in the larger cities, where substantially more monies are available, a video system is often utilized which visually depicts how the bui Iding, landscaping and signage would fit onto a specific lot. Mayor Hawks stated an interest in getting design guidel ines in place before too many signs are approved. He noted that if inappropriate signs are approved, at this time, it could lead to difficulty in getting the desired landscape. It was the sense of the Commission that they would not acknowledge Mr. Ralph Johnson's resignation from the City-County Planning Board and the Design Review Board. Appointments to Senior Citizen Advisory Board Acting City Manager Brey submitted to the Commission a memo from Clerk of the Commission Sullivan listing the eight applicants for this board. He reminded the Commission that this is a new five-member board and recommended that they make those 09-24-90 ~/ ,:..~,.. - " .' . -, < . - 11 - . appointments at this time. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission appoint Esther Barr, Shirley A. Cudney, Margaret Hileman, Harvey A. Larson and Jean L. Thorson to the Senior Citizen Advisory Board, with those board members to determine their initial staggered terms at the first meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner F ros t, Commissioner Swanson, Comm iss ioner Knapp and Mayor Hawks; those voting No, none. Appointment to Design Review Board The Acting City Manager submitted to the Commission a memo from the Clerk of the Commission listing the one applicant for this position. He reminded the Commission that the current vacancy is for a landscape architect or landscape designer. It was moved. by Commissioner Frost, seconded by Commissioner Swanson, that the Commission appoint Wade T. Kumlien as the degreed landscape architect member on the newly created Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Break - 5:06 to 5:12 p.m. Mayor Hawks declared a break from 5 :06 p.m. to 5: 1 2 P . m. , in accordance with Commission policy established at their regular meeting of March 14, 19a3. Appointments to Parking Commission Acting City Manager Brey stated that the Clerk of the Commission has indicated that no applications have been received to date as a result of the recent newspaper adver- tisement. Mayor Hawks asked Commissioner Frost, as Commissioner Liaison on this board, to talk to businessmen in the downtown area to see if he can gain Interest in submitting an application prior to readvertisement of this vacancy. Appointment to Recreation and Parks Advisory Board The Ac'ting City Manager submitted to the Commission a memo from Clerk of the Commission Sullivan I isting the one applicant for this vacancy. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission appoint Gaylen Black to replace Colin Davis on the Recreation and Parks Advisory Board, with a term to expire on December 31, 1992. The motion carried by the 09-24-90 '" ,. : . .,"" . - 12 - . following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Board and Acting City Manager Brey presented Commission Resolution No. 2a17, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2a17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE BOZEMAN AREA BICYCLE AOVISORY BOARD AND ESTABLISHING THE OUTIES AND RESPONSIBILITIES THEREOF. The Acting City Manager reminded the Commission that this item was removed from the Consent Items. He then submitted to the Commission a revised section for "Conflict of Interest" in the by-laws. He noted that section of the by-laws had been taken directly from the ordinance pertaining to this issue. He indicated that the revised language makes the same statement; however, it does so in layman's terms. Mayor Hawks noted that the Acting City Manager has made this revision to address his concerns. He then stated his satisfaction with the revised language as submitted. The Acting City Manager then recommended that the Commission adopt this resolu- tion, with the by-laws as revised. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2a17, creating the Bozeman Area Bicycle Advisory Board, and the accompanying by-laws as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Discussion - FYI Items The Acting City Manager presented to the Commission the following "For Your In- formation" items. (1) Memo from Street/Sanitation Superintendent Roger Sicz providing the 1990 compost program results. (2) Announcement of a special meet~.n~ of the City-County Planning Board set for 6:00 p.m. on Tuesday, September 25, in the Commission Room. (3) Letter from the State Historic Preservation Office announcing that Emerson School has been listed in the National Register of Historic Places. (4) The Acting City Manager submitted the weekly report as follows. (1) Pre- 09-24-90 - - - -- -- ------'-'-~-- - ----- --~------ ~_._------._._- --~- -.-...............- ~. , , I * .'~ . - 13 - . liminary results from the asbestos tests Indicate a 70 to 90 percent asbestos rate in the ore. Also, the tests reflect substantially higher than the 1-percent maximum allowed in the dirt sample. He then noted that a similar stockpile has been identified near Gallatin Gateway. (2) The City-County Planning Board has hired a new planner, Kevin Wall, who will begin work in October. He has a design background, which should be beneficial. (-3 ) Staff has completed the response to the State regarding the groundwater contamination near Buttrey's Shopping Center and forwarded it to the State. (5) Commissioner Goehrung submitted the following. (1) Distributed copies of an information regarding one-day solid waste training seminars scheduled for October 30 in Billings and November 1 in Missoula. He noted the registration fee is $20; and several members of the Commission and staff may be interested in attending. (2) Noted that Emerson School will be holding a bicycle rodeo in the playground later this week. (3) Asked if anyone attended the Highway Commission meeting. He noted that some area resi- dents are interested in lowering the speed limit along West Babcock Street near Emerson School. The Acting City Manager responded that he has discussed this issue with the Principal of the Emerson School and will check to determine whether any City action is necessary. (6) Commissioner Swanson submitted the fOllowing. (1) Announced a meeting of the Perkins Place committee, which has been set for Friday. He and Commissioner Frost requested an opportunity to meet with staff at 3: 00 p. m., with the committee meeting to begin at 3:30 p.m. He also asked the Clerk of the Commission to contact all of the mem- bers regarding this meeting. (2) Suggested that the Commi ssioners discuss the Montana League of Cities and Towns conference which was held last week. Mayor Hawks requested that this item be placed on next week's agenda. He also requested that the Commissioners keep their comments brief and to the point, thus avoiding a lengthy agenda item. (7) Commissioner Knapp submitted the following. ( 1) Attended another meeting of the Library Centennial Committee. (2) Attended a tax reform coalition meeting on Tues- day. (3) Attended the second session of Leadership Bozeman III on Thursday. ( 4) A t- tended the MLCT Conference activities on Thursday evening and Friday. (8) Mayor Hawks submitted the following. (1) Spent a considerable amount of time with the County on Wednesday to develop a compromise to the master plan. He noted that the revisions to the master plan should be prepared for Commission consideration within the next few weeks. (2) A Board of Health meeting has been scheduled for 7:00 p.m. on Thursday. The Mayor noted he will be unable to attend; Commissioner Knapp agreed to attend in his place. (3) Requested that reconsideration of the decision on the sign for Baldy Mountain Sports be placed o~ the agenda for next week's meeting. Commis- sioner Goehrung requested that the name of the Commissioner requesting reconsideration 09-24-90 (' > t . "'".''11.:.. I> . - 14 - be listed with that agenda item. (4) Reminded the Commissioners that evaluations of the City Manager and Clerk of the Commission are due today. Adjournment - 5:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 09-24-90