Loading...
HomeMy WebLinkAbout1988-07-25 307 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 25, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, M u n i c i pa I B u i I din g, J u I Y 25, 1 988, at 2: 00 p. m . Present were Mayor Stiff, Commissioner Hawks, I Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, 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. Mayor Stiff asked if any of the Commissioners wished any of the items removed from the Consent Items for discussion. Commissioner Martel requested that the contract documents and Change Order No. 1 for the street improvements be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of July 11, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of July 18, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Open bids - construction of SI D No. 654, paving of Lea Way This was the time and place set for the opening of bids for tile construction of Special Improvement District No. 654, paving of Lea Way. The affidavit of publication of the Call for Bids was presented. I It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. The following bids were then opened and read: Schedule I Schedule II Total Bid AA Asphalt Bozeman, Montana License No. 6893A $30,793.00 $ 8,600.00 $39,543.00 Figgins Sand & Gravel, Inc. Bozeman, Montana License No. 4075A $33,526.06 $10,000.00 $43,526.06 Big Sky J:>aving Co., Inc. Bozeman, Montana License No. 4384A $34,112.01 $11 ,820.80 $45,932.81 Pioneer Ready Mix Bozeman, Montana License No. 6503A $37,325.00 $11,160.00 $48,485.00 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; I those voting No, none. Award bids - scales for landfill This was the time and place set for award of the bid for scales for the landfill. City Manager Wysocki presented to the Commission a memo from Director of Public Service Phill Forbes recommending that the bid be awarded to Gallatin Scales, Inc., Manhattan, Montana, in the bid amount of $24,400, it being the lowest and best bid received. The City Manager tllen concurred in that recommendation. 07-25-88 308 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the bid for the scales for the landfill be awarded to Gallatin Scales, Inc., Manhattan, Montana, in the bid amount of $24,400, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Public Hearing - Zone Code Amendment - Stephen G. Sparks - amend Section 18.52.140 of the I Bozeman Municipal Code to add Professional Offices and associated signs as conditional uses in the R-4 District This was the time and place set for the decision on the Zone Code Amendment requested by Stephen G. Sparks to amend Section 18.52.140(G) of the Bozeman Municipal Code to allow professional offices and their associated signs as conditional uses in the R-4, Residential-- Medium-density--Apartments, District. Commissioner Vant Hull indicated that during the past week she has been able to review the R-4 areas in the community and study the types of residences located in those areas. She concluded that the proposed amendment would not create a detrimental situation for those areas; therefore, she is willing to support the proposal. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the Zone Code Amendment requested by Stephen G. Sparks to amend Section 18.52.140(G) of the Bozeman Municipal Code to allow professional offices and their associated signs as conditional uses in the R-4, Residential--Medium-density--Apartments, District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Authorize Mayor to sign - documents for refinancing of 51 D bonds for Nos. 599, 605, 621, 622, 623, 624, 625, 629 and 630 - D. A. Davidson City Manager Wysocki submitted to the Commission a letter from Mr. Kreg Jones, Assist- ant Vice President of D. A. Davidson, proposing the issuance of "Pooled Special Improvement I District Refunding Series 1988" Bonds for SID Nos. 599, 605, 621, 622, 623, 624, 625, 629 and 630. Mr. Kreg Jones distributed to the Commission copies of a savings report, showing the an- - ticipated savings in debt service under the proposed refunding of the specified special improve- ment districts. He noted that the City staff has been pursuing the possibility of refinancing the special improvement district bonds which have high interest rates for over two years. He in- dicated, however, that the special improvement districts in Valley Unit, which are SID Nos. 621, 622, 623, 624 and 625, have caused problems with the refinancing option. Mr. Jones stated that the City may consider refinancing at this time only because it made the commitment to back the Valley Unit bonds even though the assessments have been delinquent and because it has adopted a new policy concerning the creation of special improvement districts. He noted the City's willingness to back the bonds has served as an example for other munici- palities in the State, showing how active utilization of the SID Revolving Fund can help avoid financial disaster. Mr. Kreg Jones stated that D. A. Davidson has submitted a proposed agreement to the City, offering to purchase a $2,936,000 Pooled Special Improvement District Refunding Series 1988 at a net effective interest rate of 8.252299 percent. He indicated the Montana law allows a City to pool new or refunding issues, noting that one-third of the original life of the bonds must have expired to utilize the current refunding process. He stated that at least one-third of the life of all of the above-listed bonds has expired; and all of those bonds may be refunded imme- diately. He indicated under this proposal, the closing date is set for August 25; and that is the I date upon which all outstanding bonds for the above-listed districts will be called. Mr. Jones stated that the bonds issued for these districts have been bearer bonds with coupons; the new bonds are to be registered bonds for which the City would serve as paying agent and registrar. He also noted that the new bonds will be serial bonds, with a specified amount to be called each year. He indicated that the previous bonds were all due in 2001; and the City was not required to call any until that time even though it has followed the same type of schedule as will be set forth in the refunding bond issue. 07-25-88 309 Kreg Jones stated that the quoted interest rate is one-fourth to one-half percent higher than the average security in today's market due to the Valley Unit bonds. He noted there is a degree of negativism to be overcome in selling this issue due to past and current litigation as well as the fact that the land is undeveloped. Mr. Jones then reviewed the savings report distributed at the beginning of his present- ation. He noted the interest rate for the refunding issue is 2.25 to 2.5 percent lower than the I existing interest rate; and the projected cumulative savings over the remainder of the life of the bonds is $365,600.55. He indicated that under this proposal, the City will pay $45,450 from its Revolving Fund to cover interest costs from July 1 to August 25 on the existing bonds; and the projected cumulative savings decreases the amount of actual savings in the first year to cover that. Mr. Jones stated that Dorsey Whitney is to serve as legal counsel for this bond issue, noting they have served as bond counsel for each of the nine districts which are to be refund- ed. Commissioner Vant Hull asked about the possibility of refunding this proposed bond issue if the interest rates drop to 6 percent. Mr. Jones indicated if the interest rate were to drop to 6 percent next year, it would be worth considering a refinancing. He cautioned, however, that the advanced refunding process would be required at that time since this agreement, written in accordance with State Statutes, does not allow for paying off the outstanding bonds prior to July 1, 1994 from the proceeds of a new bond issue. He noted this does not preclude the City's calling of bonds with monies from other sources, such as a court settlement or from the sale of lots acquired through the tax sale process. Commissioner Martel asked about the present value savings of $272,830 listed in the sav- ings report. Mr. Jones stated that is the actual amount that will be saved through this refinancing, based on today's dollar. He noted that the $365,600 contained in the listing includes a projected I inflation factor to show a more realistic anticipated savings. He noted that the $45,450 to be taken from the Revolving Fund at this time is subtracted out of that figure as well as the pro- jected savings figures. Commissioner Martel asked if the City can sign a non-litigation certificate since it is cur- rently involved in litigation concerning the Valley Unit special improvement districts. Mr. Kreg Jones stated that the non-litigation certificate applies to the validity of the creation of the districts or the issuance of the bonds. He noted the certificate does not apply r to third party litigation or seeking security from the developer, which are the issues currently under litigation. City Manager Wysocki noted that the State law allows the City to add .5 percent to the interest rate for the bond issue to recover the costs incurred in issuance of the bonds as well as the on-going administrative costs and repayments to the Revolving Fund. He then recom~ mended that the Commission approve the addition of that percentage, noting that the people within these districts will still realize a savings in their assessments. Mr. Jones indicated that he reviewed a savings report based on an interest rate of 8.75 percent; and, although the savings were lower, they were still dramatic. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize the Mayor to sign the necessary documents for refinancing of the bonds for SID Nos. 599, 605, 621, 622, 623, 624, 625, 629 and 630, as proposed by D.A. Davidson. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those I voting No, none. City Manager Wysocki then recommended that the Commission authorize the addition of .5 percent to the interest rate for the bonds to recoup the costs of refinancing and the adminis- trative costs involved. Commissioner Martel expressed concern about adding .5 percent for administrative costs on the refinancing, since the districts have already incurred a similar administrative fee with that cost being spread over the term of the bonds. He then indicated he can support reim- bursement of the costs incurred in the refinancing process. 07~25-88 -- 310 Mr. Jones stated refunding of the bonds will result in additional work for the City due to change in the type of bonds issued, noting that the paying agent and registrar functions involve a considerable amount of work. He stated the additional .5 percent serves two purposes; it not only serves to offset the initial costs and administrative services but aids in the cash flow to help alleviate problems incurred with delinquent assessments. Commissioner Goehrung noted that to add .5 percent to the interest rate allows the City to recoup the costs of the bond issue of a special improvement district from those involved in I the district rather than from al J of the taxpayers in the community; and the City Manager con- curred. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize and direct the addition of .5 percent to the net effective interest rate for the bond issue for the purpose of recouping the costs incurred in the refinancing and admin- istration, as allowed by State Statute. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. City Manager Wysocki noted that, although Mr. Jones has just praised the City for its new special improvement district policy, he feels there are a few items that need to be reviewed and possibly revised. He reminded the Commission that the City just awarded the bid for a $211,000 bond issue for one SID; and the bids will be coming in next week for a $48,000 issue. He noted the smaller issues are difficult to sell; therefore, it may be in the City's best interest to adopt a pol icy to sell a pooled bond issue once a year for all proposed projects. The City Manager stated that at the present time, all bonds for special improvement districts are 20-year bonds. He suggested that in small issues, it may be better to issue shorter term bonds to in- crease marketability. Mr. Kreg Jones stated support for those proposals. He noted that a brokerage firm will not bid on an issue under $125,000; and most investors are used to the $5,000 bonds now is- sued. He indicated the proposed policy would provide efficiency to the districts as well as to the City. I Mayor Stiff asked about the optimum size of a bond issue when considering associated costs. Mr. Jones briefly reviewed the costs involved in issuing bonds, noting that some are fixed while others are on a sliding scale. Kreg Jones then indicated that the State Statutes also allow for a discount on the bond issue, which may be helpful when attempting to market a small issue. He noted under this pro- cess, the City determines how much money is necessary, then sells sufficient bonds to cover those costs as well as those incurred by the bond underwriter. Mayor Stiff requested that the proposed revisions to the special improvement district policy be placed on the agenda as soon as possible for consideration. Re uest for permission to close West Lamme Street from North Tenth Avenue east to aile - Tuesday, August 2, rom 6:00 p.m. to 9:00 p.m. for political barbecue - Dorothy Bradley, 919 West Lamme Street City Manager Wysocki submitted to the Commission a request from Dorothy Bradley, 919 West Lamme Street, for permission to close that street from North Tenth Avenue east to the alley from 6:00 p.m. to 9;00 p.m. on Tuesday, August 2, for the purpose of holding a political bar- becue. He then submitted to the Commission a memo from Assistant Pol ice Chief Larry Smith suggesting specific safety measures to be met if the street is to be closed. Ms. Dorothy Bradley, applicant, stated only one household has its driveway in the half- block area which is to be closed under this proposal. She stated she lives on a very dangerous corner; and she feels that to close the street would help provide for the safety of children at- I tending the function. Ms. Bradley stated she has no problem in complying with the safety meas- ures listed in the memo from Assistant Police Chief Smith, noting that a majority of those attend- ing the barbecue will be leaving their cars at the High School and walking to the house. Commissioner Martel stated that during review of previous requests for street closures, the issue of liability has been raised; and a drawing of the manner in which the street is to be barricaded has been required. He further noted that if the anticipated 300 to 350 people attend, there will be those who park on the street in front of the house. 07-25-88 311 Ms. Bradley indicated that people will park where they want. She once again indicated that she has requested this closure as a safety precaution for the children who will be attending the function. Commissioner Martel noted alcoholic beverages will be served at the barbecue; however, the open container ordinance does not allow for those beverages to be carried to the public right-of-way. He then questioned how that situation will be monitored or if a request for waiver I of the open container ordinance should have accompanied this request. Ms. Bradley stated the consumption of alcoholic beverages will be limited to her yard. Commissioner Martel stated he does not feel a public street should be closed for a private function, especially when there are public facilities available for such activities; therefore, he will not support approval of the request. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the request submitted by Dorothy Bradley, 919 West Lamme Street, for per- mission to close that street from North Tenth Avenue east to the alley from 6:00 p.m. to 9:00 p.m. on Tuesday, August 2, for the purpose of holding a political barbecue. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commis- sioner Vant Hull, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Martel. Request for classification of use - propane storage facilities in the M-l Zone - Planning staff City Manager Wysocki submitted to the Commission a memo from Planning Director Andy Epple requesting a classification of use for propane storage facilities in the M-l, Commercial-- Light Manufacturing, District, and an attached letter from Petrolane Gas Service indicating a desire to install propane storage facilities at their current site. The City Manager stated that Commissioner Vant Hull has distributed information to the Commissioners concerning a similar issue. Planning Director Andy Epple stated that Section 18.06.050 of the Bozeman Municipal Code I indicated that if questions arise concerning the appropriate classification of a particular use, the Commission shall make a determination. He noted the Commission may determine that the re- quested use is: (1) the same as, or simi lar to, one or more I isted permitted uses; (2) the same as, or similar to, one or more listed conditional uses; or (3) so dissimilar from the listed per- mitted or conditional uses that a zone code amendment is necessary. Commissioner Vant Hull stated she can support this type of request in a location along East Griffin Drive; however, she does not feel that it should be allowed in an area close to resi- dential development. She then asked if a zone code amendment could be drafted that would limit the locations within an M-l district where a propane tank could be located. Planning Director Andy Epple stated that limitations could be placed on the installation of a propane storage tank through the zone code amendment process. He noted that a conversation with Fire Marshall Dan Figgins indicates that the National Fire Protection Association's Pamphlet 58 does address installation techniques and setbacks from buildings, as well as other items, to ensure safety of the area. He indicated the document, and any other pertinent documents, could be referenced in the zone code. Commissioner Vant Hull stated she feels the transfer should be addressed as well as stor- age, noting that is what caused the problems on North Broadway Avenue. Planning Director Epple cautioned that the City must have a solid basis for establishing more stringent requirements than the national standards. Commissioner Hawks suggested that to classify this type of use as a conditional use could provide a means for addressing the concerns that Commissioner Vant Hull has expressed. I Planning Director Epple indicated that would be a reasonable approach. He then stated that the property upon which Petrolane is currently located is zoned M-l- T, thus requiring con- ditional review. Commissioner Goehrung noted the zone code currently requires that where an M-l zone abuts another zone, the setbacks for that zone must be observed. The Planning Director stated there are also screening requirements, thus limiting the vis- ual impact. He then indicated that Petro lane proposes to install a 24-hour key lock system for vehicles as well as a bottle fill during regular business hours. 07-25-88 312 Commissioner Hawks suggested that safety precautions should be taken on items such as the couplings to ensure that propane does not escape. Mr. Robert Barnett, Project Manager for Petrolane Gas Service, stated the 24-hour key lock is for vehicles on Iy, not the bottles. He indicated every individual who uses the facility is trained on how to handle the key lock system. Commissioner Vant Hull asked if the conditional use process is to be followed since the existing Petrolane facility is located in an M-l- T district. I Planning Director Epple stated the application was for a minor modification; however, the staff found that a classification was necessary first. He noted if the use is determined to be simi la r to I isted permitted uses, the minor modification process can be followed. However, if it is determined to be similar to listed conditional uses, the conditional use process must be fol- lowed. He then indicated that listed conditional uses in the M-l zone include transport gas, oil and coal pipelines, and public supply facilities (electric and gas). Commissioner Martel asked if the existing facility on North 7th Avenue is operating under a conditional use permit; the Planning Director indicated it is. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission determine that propane storage facilities are similar to currently listed conditional uses in the M-l zone and, therefore, should be treated as conditional uses. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No, none. Commissioner Vant Hull requested that the information she had distributed be placed on next week's agenda for discussion. Break - 3:37 to 3:44 p.m. Mayor Stiff declared a break from 3:37 p.m. to 3:44 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - draft sidewalk policy I City Manager Wysocki noted a copy of the draft sidewalk policy, as prepared by Director of Public Service Forbes, was included in last week's packet. He further noted that the Com- missioners toured various areas of the community to visually realize the terms contained in that pol icy _ He then noted that Commissioner Hawks has distributed to the Commission a copy of his memo prepared in May. The City Manager suggested that the Commission may wish to begin ad- dressing each of the elements as listed in the proposed policy. Commissioner Hawks stated the pol icy proposes that horizontal curves are not recommend- ed; however, a minimum radius of 100 feet should be used in those situations where they are utilized. He indicated that type of curve is nice in a park setting; however, in landscaped areas he feels a 25-foot radius would be better. He noted even with the shorter radius, it would take 16 feet to complete the transition from the standard setting to the curb to go around landscaping. The Commissioner then stated they did not review a 6 percent slope during the tour; therefore, he is unable to address that item. Director of Public Service Phill Forbes stated that a 6 percent grade is the maximum for wheelchair handicapped accessibil ity. He then cautioned that some of the streets in the com- munity have existing grades of 7 to 9 percent for short distances; and he does not feel a grade for sidewalk should be added to that. Commissioner Hawks suggested that in areas where landscaping is located within the public right-of-way, such as Westridge, the City might allow for private easements for the side- walk. Commissioner Vant Hull stated support for the 100-foot radius on curvilinear sidewalks I where possible; however, she feels a 25-foot radius would be adequate in highly landscaped areas where the 100-foot radius would be unworkable. She stated she does not feel that the in- stallation of a sidewalk should result in the removal of any mature vegetation unless absolutely necessary. City Manager Wysocki asked the Commissioners if they wish to create a situation where a hedge or series of plantings was located between the street and the sidewalk. He cautioned that safety problems could arise in that type of setting. 07-25-88 313 The Commission concurred that a requirement that no obstruction be located between the sidewalk and street would be beneficial. Commissioner Martel stated support for establishing a policy that provides for standard sidewalks that is flexible enough to accommodate exceptions where necessary. He then indicated that he feels hedges can be relocated to accommodate sidewalks in the standard location, since they can be transplanted or a new hedge established. He noted that large trees should be aI- I lowed to remain, with the sidewalk being placed around them. City Manager Wysocki noted that hedges and bushes can cause problems when located in the sight triangle at intersections or close to a driveway. Commissioner Goehrung indicated the policy should establish standards to installation of sidewalks. He noted it should be flexible enough to accommodate landscape features; however, the individual property owner should bear all of the associated costs for the special design re- quired. He stated he feels that requirement should be a part of the policy also. Mayor Stiff noted the policy must provide for the safety of the community in all areas of the community. He stated the landscaping in some parts of the community is very beautiful and should be protected if possible; however, the safety of the community's streets must be address- ed. Commissioner Martel suggested a two-tiered approach should be followed, a design policy developed for the entire community and an implementation policy to determine how, when and where the sidewalks are to be installed. Commissioner Hawks suggested it may not be necessary to install sidewalks along both sides of the street. He noted that under this proposal, it could be possible to assess properties on both sides of the street for either the installation costs or for installation and maintenance costs. Commissioner Vant Hull questioned whether that proposal is legal in Montana. City Attorney Becker indicated that he has contacted bond counsel; and they were unable to answer the question. He then suggested the City could seek an Attorney General's opinion I on the issue. Commissioner Martel questioned how the costs of future installation of a sidewalk on the other side of the street would be handled under that proposal. Commissioner Goehrung noted the intent is to develop a standard policy for installation of sidewalks to facilitate pedestrian movement throughout the community. He noted that requests for any exceptions to the standard would then need to be submitted to the City for considera- tion. Mayor Stiff indicated he has problems with the proposal to install sidewalks on one side of the street only, especially when both sides are to be assessed. He then indicated that some properties are well maintained, usually those which are owner-occupied or high rent, while others are not so well maintained, including maintenance of sidewalks. He stated that the safety of pedestrians must be addressed in the entire community, not just in spots. Commissioner Vant Hull suggested that factors such as parking, amount of traffic and the width of the street could be taken into consideration when determining where sidewalks are needed. Commissioner Hawks submitted a proposal to the Commission suggesting that subdivisions be given an option to determine if they want sidewalks installed. He indicated this would be done through a vote of the property owners, at least once every five years. He noted if 90 percent or more of the property owners do not want sidewalks installed, they would not be re- quired within that subdivision. He noted that those along the boundary streets of a subdivision would not be given this option unless an abutting subdivision had also made the determination I not to install sidewalks. He then indicated that under no circumstances would those along arter- ials and collectors be given this option. Commissioner Vant Hull noted that proposal might work. She noted, however, that neigh- borhood pressure could cause some of the residents to vote not to install sidewalks even though they felt sidewalks were needed. Mayor Stiff asked if a portion of the street, particularly in Westridge, could be striped to provide a safe pedestrian walkway. City Manager Wysocki stated if there were no parking on the street, that might be a pos- sibility. He also suggested that rumble strips might provide more safety than painted stripes. 07-25-88 314 Commissioner Martel stated support for Commissioner Hawks' proposal. He indicated, however, that he feels a two-thirds vote would be better. He then noted that the safety of pedestrians has been listed as a major reason for requiring the installation of sidewalks; how- ever, the vast majority of all pedestrian/vehicle accidents happen at intersections where there are sidewalks. The City Manager reminded the Commission that they have determined that sidewalks are to be installed. He then recommended that they proceed with development of the pol icy. I Commissioner Goehrung stated that to conduct a vote in a subdivision once every five years could become expensive and asked how those costs would be absorbed. Commissioner Hawks indicated that the residents in the subdivision would bear those costs, noting they should not be absorbed by the taxpayers. City Manager Wysocki asked if sidewalks should be required along vacant lots, noting that the Commission has discussed the possibility of requiring the installation of sidewalks in an area when 50 percent of the lots have been developed. He reminded the Commission that, although the idea has been discussed on various occasions, it has not been adopted as a policy. Commissioner Hawks suggested that sidewalks not be required along those streets which dead-end less than one lot depth from an intersection; the City Manager concurred. Commissioner Hawks then indicated support for 4-foot sidewalks in residential areas along local standard streets. He stated he feels a 5-foot sidewalk is needed along arterials and col- lectors. He also stated support for the 10-foot sidewalks in the downtown business district; however, he feels property owners should be encouraged to plant trees in that sidewalk area. Commissioner Martel stated he feels the 4-foot sidewalk should be an available option to the 5-foot standard; however, he prefers a 5-foot sidewalk wherever possible. Commissioner Goehrung stated support for the 4-foot option on local streets; however, he stated it should not be available where the sidewalk abuts the curb. Mayor Stiff stated he prefers a 5-foot sidewalk in the residential areas. Commissioner Goehrung noted that if the City does resume a snow removal program, those areas with 4-foot sidewalks would be left out of the program since the equipment is built to clear I 5-foot sidewalks. Commissioner Martel asked if sidewalk revisions would be required if the street status were changed from local to arterial status. The City Manager indicated that there would probably be no requirement to upgrade existing improvements back of the curb. He noted that widening of the street beyond the back of the curb could result in relocation of the sidewalk, however. City Manager Wysocki then stated that in some situations, sidewalks could be required along both the front property line and the back property line, such as those lots in Figgins Subdivision which abut South Third Avenue. He then asked if property owners will be required to bear the costs of both sidewalks, suggesting that possibly the general community should bear the costs of those sidewalks along the back property lines. Commissioner Hawks noted in some areas, the sidewalk is lower than the lawn that has built up along it. He stated this causes icing problems and asked if the height requirements for the sidewalk should possibly be revised. Mr. Allan Rousch, 1615 South Black Avenue, noted that in a few places, the hedges need to be trimmed to make the sidewalks passable. He also noted that some trees, particularly those along the boulevards, have low branches overhanging the sidewalk that should be trimmed. He stated that for the most part, people are good about clearing their sidewalks during the winter; however, some of the low sidewalks incur icing problems. Mrs. Anna Lee Rousch, 1615 South Black Avenue, stated a sidewalk is needed along Kagy Boulevard west of South Third Avenue. I City Manager Wysocki indicated there is a definite possibility of extending Kagy Boulevard to South 19th Avenue. He noted the roadway has been designed as a four-lane facil ity; and only the north two lanes have been constructed to date. He suggested a gravel walkway could be installed at this time, with a permanent sidewalk being constructed after the street has been widened. Mr. Rousch suggested a walkway of finely crushed gravel along Langohr Park and around Woodbrook would be preferable to a sidewalk. 07-25-88 315 Mayor Stiff requested that the draft policy, as revised, be prepared in written form and submitted to the Commission for further consideration. Ordinance No. 1263 - re uirin vehicles, trailers and other forms of conveyance transportin speci ied items to cover or otherwise contain said material rom escaping City Manager Wysocki presented Ordinance No. 1263, as prepared by the City Attorney, I entitled: ORDINANCE NO. 1263 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REQUIRING VEHICLES, TRAILERS, OR OTHER FORMS OF CONVEYANCE TRANSPORTING GARBAGE, REFUSE, RUBBISH, TRASH, WASTE, BUILDING DE- BRIS, BUILDING MATERIALS, DIRT, SAND, OR GRAVEL TO COVER OR OTHER- WISE CONTAIN SAID MATERIAL FROM ESCAPING FROM SAID VEHICLE AND PRO- VIDING A PENALTY FOR VIOLATION. The City Manager suggested that, due to the late hour, the Commission may wish to defer action on this item for a period of one week. Mayor Stiff requested this item be placed on next week's agenda for further consider- ation. Ordinance No. 723 as codified in Sections 9.82.010 and 9.82.020 prohi iting minors rom entering establishments where liquor is City Manager Wysocki presented Ordinance No. 1264, as prepared by the City Attorney, entitled: ORDINANCE NO. 1264 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, REPEALING ORDINANCE NO. 723 AS CODIFIED IN SECTION 9.82.010 AND 9.82.020 OF THE BOZEMAN MUNICIPAL CODE. The City Manager reminded the Commission that the City's current ordinance is in conflict I with the Attorney General's opinion submitted at last week's meeting. He then indicated that a bill on this issue was considered in the 1987 Legislature; and he has requested a copy of that bi II, along with testimony submitted. He suggested that after review of those documents, it may be possible to draft a bill for consideration at the League Convention that would provide some provision for local control of minors in establishments serving alcoholic beverages. He then re- commended that the Commission provisionally adopt this ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission provisionally adopt Ordinance No. 1264, repealing Ordinance No. 723 as codified in Sec- tion 9.82.010 and 9.82.020 of the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Prioritization of goals for enterprise funds (water) Mayor Stiff requested that discussion on this item be deferred due to the late hour, and that it be placed on next week's agenda for consideration. Authorize City Mana er to si n - contract documents for street improvements - Pioneer Ready Mix; Change Order No. 1 - decrease amount by 21,470.00 I City Manager Wysocki reminded the Commission that Commissioner Martel had requested this item be removed from the Consent Items. He stated $137,000 was budgeted for the street improvement projects for this summer; and the Change Order decreases the contract amount for these projects to approximately $128,000. He noted the remaining amount will be used for small projects that may occur during the fiscal year. Commissioner Martel questioned the manner in which the Change Order was prepared. Director of Public Service Forbes stated that Schedule II has been reduced by $5,000; and Schedule IV has been deleted because of the $16/ton cost. 07-25-88 316 I t was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize the City Manager to sign the contract documents with Pioneer Ready Mix for street improvements, and authorize the City Manager to sign Change Order No. 1, decreas- ing the contract amount by $21,470.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Discussion - FYI Items I City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) The City Manager indicated he will be attending an MMIA meeting in Helena on Fri- day. (2) The weekly water use report for the week ending July 20, 1988. The City Man- ager stated that more water was used last week than any other week so far this summer. He further noted that residents have been encouraged to not water between the hours of noon and 6:00 p.m.; and additional measures may be necessary if the water consumption increases. (3) A proposed budget preparation calendar, I isting four work sessions and a timetable for adoption of an appropriation ordinance. He noted the work sessions include two Mondays and two Wednesdays. Commissioner Hawks suggested that the Wednesday meetings be changed to 10:00 a.m., ending at noon; and the Commission concurred. The City Manager indicated that a proposed budget for the Street budget unit, including maintenance of State highway designated streets will be submitted to the Commission during the work sessions as well as a budget for the Garbage Fund that includes an additional garbage route for the subdivisions that have requested City service. Commissioner Martel asked if there are any copies of the budget recommendations available at the Library for review. The City Manager stated he will check, noting that the staff sends copies to the Library I after they have been printed. (4) A letter of thanks from Rodger Stoltzfus, Director of the Bozeman Amateur Hockey Association, for the City's support in improving the lighting at the Bogert Pavilion. The City Manager stated he feels the City should also thank the Hockey Association for their efforts in the project. He noted that Lee and Dad's I GA in Belgrade donated their old light fixtures, including replacement fixtures. (5 ) Commissioner Vant Hull suggested that letters of thanks be sent to the members of the ad hoc committee to review the business license ordinance. (6) The agenda and packets for the Zoning Commission meeting, which is to be held on July 26, 1988. (7) Mayor Stiff indicated that copies of the form for the City Manager's evaluation have been distributed to the Commissioners, noting that an evaluation is to be conducted every six months. He then requested that each Commissioner complete the form, returning it to the Clerk of the Commission by next week's meeting for compilation and inclusion in the packet for the August 8 meeting. (8) Commissioner Martel noted no response has been made concerning the petition for removal of the center medians. He then suggested that should possibly be addressed before winter. Commissioner Hawks suggested that the sidewalk issue be pursued at the same time. City Manager Wysocki reminded the Commission that is a Highway Department decision; and he will check to see if one has been made. He noted that he will raise the sidewalk issue at I the same time. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Application for waiver of the open container ordinance - Gallatin Valley Ca- tering - Wednesday, August 3, 6:00 p.m. - Bogert Park Application for temporary Beer License - Bozeman Lions Club - Fairgrounds - July 27-30, 1988; approval contin ent on recei t of State License Authorize Mayor to sign - Contracts with I LX Lightwave and the tate or CDBG program monies 07-25-88 317 and 651 for consultant for the I P beds at Claims It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, and authorize and direct the appropriate I persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Adjournment - 5:42 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 07-25-88