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HomeMy WebLinkAbout1984-10-15 38U MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 15. 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 15, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre. Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki, Assistant City Manager Barrick, Acting City Attorney Seel and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of September 24, 1984 were approved as amended. The minutes of the regular meeting of October 9, 1984 were approved as submitted. None of the Commissioners requested that any of the Consent Items be removed for discussion. Open bids - well in Bogert Park (CIP) This was the time and place set to open the bids on the eight (8) inch water well in Bogert Park. City Manager Wysocki stated drilling of a well in Bogert Park is included in the Capital Improvement Program for this year. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the bids for the eight (8) inch water well in Bogert Park be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. The following bid was then opened and read: Van Dyken Drilling Co. $12,175.00 I Bozeman, Montana 59715 License No. 306 City Manager Wysocki recommended that the bid be referred to staff for review and a recommendation 'to be submitted at next week's meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bid be referred to staff for review and a recommendation to be submitted at next week's meet- ing. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Request - permission to close Main Street from 6: 00 to 9: 00 p. m. - Friday, December 7, 1984 - Christmas Stroll City Manager Wysocki presented to the Commission a request submitted by Ms. Laurie Schultz, Christmas Stroll Chairperson, to close Main Street from 6:00 p.m. to 9:00 p.m. on Friday, December 7, 1984, for the Christmas Stroll. Ms. Laurie Schultz stated arrangements have been made for the City to provide two police vehicles at the intersections of Main Street and Third Avenue and Main Street and Rouse Avenue, where the closures will be implemented. She stated the organization has absorbed the costs of lighted barricades and a gratuity to the Sheriff's Posse. She then requested that the City share the costs of the police officers for this event. City Manager Wysocki reminded the Commission that in July it adopted a policy stating I that the City may enter into an agreement with an organization for a specific event, indicating how much security will be required and what portion of the costs will be assumed by the City. The City Manager indicated he will work with Ms. Schultz in determining the amount of security required and the costs to be incurred. City Manager Wysocki then stated he has talked to Mr. Dick Miller, State Highway Depart- ment, and he has indicated no problems with the closure of Main Street as requested. The City Manager recommended that the Commission approve the request as submitted. 10-15-84 381 It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the request to close Main Street, from Third Avenue to Rouse Avenue, from 6:00 p.m. to 9:00 p.m. on Friday, December 7, 1984, for the purpose of conducting the annual Christmas Stroll. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. I Staff report - complaint from Walt Miller about parking along the streets near his residence at 201 South Fifth Avenue City Manager Wysocki presented to the Commission a memo from Director of Public Safety Barrick addressing the parking problems listed by Walt Miller near his residence at 201 South Fifth Avenue. The City Manager noted the subject area is zoned R-3 and R-4, which allows multi-family residences. He noted five options are listed; and the staff has indicated the first two options, which would restrict on-street parking in the area, are not in the City's best interests. Mayor Weaver asked why restricted on-street parking would not be recommended. Assistant City Manager Barrick stated the subject location is several blocks from the area currently patrolled by the parking attendant. Inclusion of the area would result in more walking for her or possibly require a uniformed officer to patrol the area, writing parking citations. He stated he does not feel this method would solve the problems which have been mentioned. Commissioner Anderson noted the Commission addressed parking problems in the area of the University recently by patrolling the area more frequently for a period of time. Assistant City Manager Barrick stated the violations in that area included parking too close to the corner and parking across driveways. He noted the only violations at the present time in the subject area would be overtime parking, which is more than 48 hours. More restric- tive parking regulations could be adopted, but additional patrolling would be required to I enforce those regulations; and they would apply to everyone parking on the street. City Manager Wysocki stated a review of the lot and the location of the house reveals that an off-street parking place could be provided in the rear yard, or the applicant could submit a request to the Board of Adjustment for a variance to install a parking place in his side yard next to West Olive Street. Another option would be to install a joint driveway with his neighbor from West Olive Street. Mr. Walt Miller, 201 South Fifth Avenue, stated his clothes lines are located in the rear yard; and putting a parking space in that area would require removal of those lines. He also stated his neighbor has a large flower bed located where a joint driveway would be installed. Mr. Miller then suggested that the Commission implement a restricted zone for property owners in front of their residences, similar to loading zones in business districts. He also suggested that opening of rear yards of lots for parking might alleviate some of the on-street parking problems. Mayor Weaver stated the street is public right-of-way; and it is not appropriate for the City government to set aside a portion of that right-Of-way for the exclusive private use of an individual. He also stated the staff report indicates there is adequate space on the lot for installation of an off-street parking stall. The Mayor then noted conversion of older homes to apartments creates parking problems because the neighborhoods have been established for many years. He noted when multi-family units are constructed in new areas, the off-street parking requirements can be imposed with no problems. I Commissioner Jordan indicated an awareness of Mr. Miller's problems. He suggested that changes in ownership of a residence end the grandfathering of a mUlti-family unit, and that adequate off-street parking be required. He noted hiring of a zone enforcement officer may be needed to enforce such a pol icy . Discussion - development of policy for scheduling roadway improvements City Manager Wysocki presented to the Commission a memorandum from Director of Public Service Holmes regarding items that should be considered during the development of a policy 10-15-84 382 for the scheduling of roadway improvements. City Manager Wysocki then requested that this matter be referred to staff for review and a recommendation for a policy to be submitted in two weeks. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that this matter be referred to staff for review and a recommendation to be submitted in two weeks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those I voting No, none. Discussion - staff recommendation re hanging banners across Main Street City Manager Wysocki presented to the Commission a staff recommendation concerning the hanging of banners across Main Street. He noted there are four local private businesses which have the necessary equipment for hanging and removing banners; and those businesses charge from $35.00 to $65.00, plus the same fee for removal of the banner. City Manager Wysocki stated that a couple of businesses had indicated that they have favorite charities for which they are willing to waive a portion of the fees. The City Manager stated a rotation basis was con- sidered, but not all of those businesses were willing to participate in that type of arrangement. City Manager Wysocki then expressed concern about using the City's fire equipment for the hanging of banners, since it should be available for its intended use at all times. Commissioner Anderson stated the private sector should be responsible for hanging and removing the banners, since four businesses have the necessary equipment. She then suggested that banner requests be handled by the City Manager, rather than submitted to the Commission. Mayor Weaver stated the Municipal Code requires that all banner requests be submitted to the Commission for approval or disapproval. Commissioner Vant Hull stated she feels the $25.00 deposit is too low and that it should be raised to cover the actual costs incurred by the City in the event it must remove a banner. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the staff to review the Sign Code and amend it as appropriate I to (1) establish the decision authority in the City Manager's Office, or his designated representative's office, for approval of requests to hang banners across Main Street; (2) establish a policy of the City that City equipment will not be used to place or remove banners except when deemed appropriate by the City Manager; and (3) establish the deposit fee at a level commensurate with the actual costs involved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Pledged Securities as of September 30, 1984 In compliance with the provisions of Sections 7-6-201 to 7-6-212, M.C.A., Commissioner Mathre and Commissioner Vant Hull had examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of the Depository Bonds and Securities was found to be in order. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the inventory of the Depository Bonds and Pledged Securities as of September 30, 1984; and a list of these be set forth as follows: DEPOSITORY BONDS AND SECURITIES September 30, 1984 RATE MATURITY RECEIPT NO. TOTAL AMOUNT I FI RST BAN K - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First Bank of Minneapolis: U. S. Treasury Bills 3/28/85 9020-6892 50,000.00 Anne Arundel Cnty, MD Ser 1973 6.00 12/01/84 " " 100,000.00 Gallatin Co, MT, Ser 1976 Ai rport Auth. 8.00 1/01/86 " " 70,000.00 10-15-84 383 Helena, MT, Parking Fac Refdg Rev 7. 125 1/01/86 II 140,000.00 Hennepin County, MN, 1972 Hospital GO 4.80 2/01/86 50,000.00 NJ Ser 1976 Water Consrvtn 5.60 2/01/87 100,000.00 NY Trans Cap Fac 4.70 2/15/87 50,000.00 Sanders County, MT, GO 7.00 7/01/87 2,000.00 Sanders County, MT, GO 7.00 7/01/87 65,000.00 Oregon Ser 35 Vets Welfare 5.00 8/15/87 100,000.00 Nassau County Ser A Serl Gen 7.00 10/01/87 100,000.00 Oregon Ser 38 Vets Welfare 4.70 12/01/87 100,000.00 I Oregon Ser 36 ST Vets Welfare 5.60 3/01/88 50,000.00 State of WA Ser A GO 5.60 4/01/89 165,000.00 County of Cuyahoga, Ohio 4.875 10/01/89 100,000.00 Bozeman, MT, GO 4.70 1/01/90 45,000.00 Bozeman, MT, GO 4.80 1/01/91 45,000.00 Bozeman, MT, GO 4.90 1/01/92 45,000.00 WA St Ser E Waste Disposal Facility GO 5.40 4/01/93 115,000.00 WA St Ser R GO 5.40 4/01/93 185,000.00 Florida Ser 1974-A St Brd Ed Cap 5.20 1/01/94 75,000.00 Maryland Var Purp 4.30 11/15/85 50,000.00 Oregon Var. Purp 5.60 7/15/93 0265 150,000.00 Cook County Illinois 5.75 11/01/93 0265 200,000.00 Anne Arundel 5.70 2/01/94 0265 150,000.00 Hawaii Var. Purp 5.90 2/01/94 0265 200,000.00 TOT AL - First Bank - Bozeman $2,502,000.00 FI RST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with United Bank of Denver: State of MT, Ex Officio Reg., Mont. Univ. System 4.625 1/01/86 3819 15,000.00 Chouteau Co., MT, Sch. Dist. #44 Bldg. Bd. 5.60 12/30/87 3820 13,000.00 5.50 12/30/86 3822 13,000.00 5.20 12/30/84 3823 2,000.00 Chouteau Co., MT, Sch. Dist. #111 Bldg. Bd. 5.60 12/30/87 3824 18,100.00 I 5.50 12/30/86 3825 18,100.00 5.20 12/30/84 3826 18, 1 00.00 City of Bozeman, Gallatin Co., MT, GO Bd. Sr. Center 4.30 10/01/86 6319 40,000.00 4.40 10/01/87 6319 40,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #280 7.00 1/01/91 6522 36,000.00 City of Helena, Lewis & Clark Co., MT; S. I. D. Bonds #289 7.00 1/01/91 6523 6,000.00 City of Helena, Lewis & Clark Co., MT; S.I . D. Bonds #287 7.00 1/01/91 6524 8,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/87 6593 75,000.00 Lewis & Clark Co., MT GO Libr. Bds. 7.00 1/01/85 6594 10,000.00 Town of Belgrade 6.60 1/01/88 6771-SK201895 39,000.00 City of Polson, Lake Co., MT, Water System 6.80 6/01/92 SK68857-68858 50,000.00 6.90 6/01/93 II II 50,000.00 Summit Co., CO Sch. Dist. No. RE-l 5.50 12/01/94 SK72098 100,000.00 Adams Co., CO City of Commerce GO Storm & Sewer 7.25 8/01/92 SK77559 170,000.00 Montana Board of Housing Single Family Program 6.10 6/01/97 SK80904 100,000.00 Vail, CO, Land Transfer Tax Anticipation Warrants 8.75 12/01/87 SKl19286 225,000.00 City of Maple Grove, MN, GO Imp. Bds. 8.00 2/01/93 SK146439 100,000.00 Unita County S.I. D. #6 State of Wyoming. GO Bldg. Bonds 9.95 12/01/95 SK149545 120,000.00 Bozeman, MT, S.I.D. #625 9.75 1/01/2001 SK155026 100,000.00 Gallatin County, MT HSD #7 5.20 7/01/88 SK155028 25,000.00 Washoe County School Dist., Nevada I GO Bldg. Bonds 5.90 10/01/87 SK161430 100,000.00 Trusteed with Northwestern National Bank of Minneapolis: Federal National Mortgage Assn. 13.75 4/10/85 0-130536 500,000.00 Waco Texas Hsng. Auth. 4.50 8/01/86 5019 35,000.00 4.50 8/01/85 5020 30,000.00 Virginia, MN Hsng. and Redev. Auth. 4.50 4/01/99 5021 35,000.00 4.50 4/01/2000 5022 35,000.00 10-15-84 384- Fergus Falls, MN Hsg. Redev. 5.00 5/01/95 6035 20,000.00 Fergus Falls, MN 5.00 5/01/98 6036 25,000.00 TOT AL - First Security Bank - Bozeman $2,171,300.00 MONT ANA BAN K - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 I Trusteed with Federal Reserve Bank of Minneapolis: Town of Ennis, MT, SWR Constr. Bd. 4.45 09/01/85-86 H951 12,500.00 County of Mineral, MT, GO Hosp. Bd. 4.50 12/15/84 H 14239 13,600.00 County of Missoula, MT, GO Library Bd. 4.50 7/01/86 H28973 15,000.00 County of Petroleum, MT Sch. Dist. #159 (Winnett), School Bldg. Bd. 4.70 7/01/85 H28974 15,000.00 City of Boulder, MT, GO Bd. 4.71 2/15/85-87 H949 12,600.00 Grade Sch. Bldg. Dist #11 of Powell Co. (Ovando), MT, Sch. Bldg. Bd. 6.00 6/04/85-89 H 1127 5,000.00 Pueblo West Metro. Dist. CO, Dist. Bd. of 1969 Ser. 1970 8.00 10/01/86 H 29471 10,000.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/85,86,90 H29829 5,625.00 City of Polson, MT GO Bd. of 1970 6.00 1/15/87,89 H29972 7,500.00 Trout Creek, MT Sch. Dist. #6 of Sanders Co., School Bldg. Bd. 5.25 12/31/93 H30310 19,000.00 5.30 12/31/94 H30311 19,000.00 5.35 12/31/95 H30312 19,000.00 Florida State Full Faith & Credit Charlotte Co. Rd. Bd. 6.50 7/01/95 H128 25,000.00 Saginaw Cnty, MI Ser II Thomas, TWP-SAN-SWR Proj No-l Drnge 6.75 5/01/96 H129 25,000.00 Co. of Madison, MT Sch. Dist. #5 of Madison Co., School Dist. Bd. 5.00 11/01/84 H 1 043 2,500.00 5.00 11/01/85 H 1044 2,500.00 5.00 11/01/86 H 1 045 2,500.00 5.00 11/01/87 H 1046 2,500.00 U.S. Treasury Notes 10.625 8/31/85 H731 10,000.00 U.S. Treasury Notes 10.625 8/31/85 H729 90,000.00 North Slope Boro GO 6.75 11/01/88 944 100,000.00 I Grand Forks RFDG Imp. 5.40 5/01/89 945 100,000.00 Southgate Water Dist. RFDD 6.00 9/01/90 942 100,000.00 Flathead Co. SD #44 (Whitefish) 5.20 1/01/96 943 120,000.00 Gaithersburg Hosp. Revenue 8.75 9/01/2009 946 180,000.00 Sub Total - Montana Bank of Bozeman, Montana $ 913,825.00 Pledging Amendment to Repurchase Agreement: Federa I Nationa I Mortgage Ass n. 7.95 7/10/86 200,000.00 FNMA, Discount Notes 11 . 44 3/21/85 300,000.00 U.S. Treasury Notes 14.00 6/30/85 250,000.00 TOT AL - Montana Bank of Bozeman - Bozeman $1,663,825.00 FIRST CITIZENS BANK OF BOZEMAN - Bozeman Federal Deposit Insurance Corporation $ 200,000.00 Trusteed with First National Bank of Minneapolis: U.S. Treasury Notes 10.625 7/31/85 9893 200,000.00 U. S. Treasury Notes 9.625 2/28/85 9886 100,000.00 TOTAL - First Citizens Bank of Bozeman - Bozeman $ 300,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the I provisions of Section 7-fj-207, M. C. A., have this day certified the receipts of the Federal Reserve Bank of Minneapolis, the Northwest National Bank of Minneapolis, the First Bank of Minneapolis, the United Bank of Denver, for the Depository Bonds held by the Di rector of Finance as security for the deposit for the City of Bozeman funds as of September 30, 1984, by the several banks of Bozeman and approve and accept the same. KENNETH L. WEAVER, Mayor, JUDITH A. MATHRE, Commissioner 10-15-84 385 ANNE F. ANDERSON, Commissioner MARY B. VANT HULL, Commissioner DENN IS E. JORDAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion of FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items: (1) A memorandum from the Clerk of the Commission suggesting that evaluation of the City Manager be deferred until October 22 or 29, rather than being conducted at this meeting as originally scheduled. (2) A memorandum from the Clerk of the Commission noting a fifth Monday session which will be held on October 29, ahd suggesting that the Commission may wish to discuss items for that agenda at next week's meeting. (3) A memorandum from the Clerk of the Commission indicating the deadline for applica- tions for the ..soard of Appeals was October 12, and no applications have been received. The Commission directed the Clerk to contact those who have previously filed to determine if they are still interested in serving on the Board. (4) A letter from Rep. Ron Marlenee concerning cable television legislation. (5) An announcement and invitation from the President's Office at Montana State Univer- sity that a meeting to discuss upcoming legislation will be held on Wednesday, October 24, at 12: 00 noon in Ballroom C of the Strand Union Building. (6) A letter from Martha Edsall, a Bozeman resident, regarding the City's garbage I collection rates for the upcoming year. Commissioner Vant Hull suggested this letter be included in the packet of letters received on the automated garbage collection system, which will be discussed later in the meeting. The Commission concurred. (7) A memorandum from Commissioner Anderson regarding use of the fifth Monday in October. Commissioner Anderson suggested that all Commissioners list their first three priorities for discussion items. Mayor Weaver requested that the Commissioners complete these forms and submit them to the Clerk of the Commission prior to Friday noon, so the information can be distributed in the packets and discussed at next week's meeting. (8) A note from Commissioner Anderson regarding an article in Western Business con- cerning a de-icing product developed in South Dakota that is to be more effective than rock salt on the streets and highways. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Proclamation - "National Business Women's Week" - October 21-27, 1984 Proclamation - "Agricultural Appreciation Week" - November 3-10, 1984 Claims It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, I Commissioner Vant Hull and Mayor Weaver; those voting No, none. Recess - 4:55 p.m. Mayor Weaver declared a recess at 4:55 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. 10-15-84 385 Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Permit - Dan Keneally for Town Pum - allow This was the time and place set for the continued public hearing on the Conditional Use I Permit requested by Dan Keneally for Town Pump to allow a convenience store at 2607 West Main Street. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the staff report. She noted a memo has been submitted, following review of the revised site plans by the Planning Staff. She stated the revised site plan generally complies with all of the conditions listed in the previous staff report and the Resolution adopted by the Zoning Commission. She noted the applicant had submitted detailed paving plans for review late this afternoon; and those plans have not yet been re- viewed. She also indicated that on-site traffic circulation still remains a concern. The Assistant Planner then reviewed the revised site plan. She stated the landscaping protection devices are different from the usual concrete curb stops. The staff has carefully reviewed the plan and feels, if properly done, the devices will be attractive and effective. Assistant Planner Elkins then stated the subject site is located in a "T" district because it is adjacent to a residential area. She noted the plans indicate a six-foot chain link fence, interwoven with redwood strips, wi II be constructed to protect the established residential area. The Assistant Planner then stated the Planning Staff feels the proposed site plan will be an improvement over the existing facilities on the site. She noted a non-conforming mobile home is currently located behind the building; and that will be removed. Also, the new plan will provide two well-defined curb cuts to West Main Street, rather than the uncontrolled ingress and egress with the existing facilities. I Commissioner Jordan expressed concern that there may not be adequate space for traffic I circulation on the site, especially if 18-wheel trucks pull into the diesel island. The Assistant Planner stated the applicant has indicated 18-wheel trucks are not their largest user of diesel, but pickups, cars and campers purchase the largest portion of diesel fuel. Commissioner Jordan then stated the Town Pump facility in Helena generates a large amount of business. He questioned the impact of traffic the new Town Pump convenience store would create on West Main Street. Commissioner Anderson asked if any reports are available on the groundwater in that area. Assistant Planner Elkins stated the applicants must meet the Uniform Fire Code when installing the underground tanks for the new facility. She noted any ground contamination would be addressed at that time. Mr. Robert Mi Ine, representing Town Pump, stated the underground tanks to be installed will be coated; will be installed in accordance with the Uniform Fire Code; and the installation will be supervised by the Building Inspector and Fire Department personnel. He indicated if there is any ground contamination, the contaminated soi I would be removed during that process. Mr. Milne then stated the Town Pump has a daily inventory program, which helps detect any potential leakage. He also noted a red jacket leak detector is installed at each pump which mechanically shuts down the system if there is a pressure drop in the system. Mr. James Brown, Crossman, Whitney, Griffin, Architects representing Town Pump, apologized to the Commission for the first site plan submitted to the Zoning Commission and the I City Commission. He then noted both convenience and safety must be addressed in preparing the site plan for the Town Pump convenience store. He also noted the location of the present pump islands must be considered, since the Town Pump has indicated it wishes to utilize those pumps as presently installed. Mr. Brown indicated there is adequate maneuvering room for 18-wheel trucks that come in for diesel fuel. Mr. Brown then reviewed the plans for the landscaping protection devices. He stated the proposal utilizes railroad ties, laying on the ground and standing vertically, with one foot 10-15-84 38l buried in the ground, in a random pattern, with the top edges cut at an angle so water does not rot out the ties. He indicated that this method of landscaping protection, interspersed with bushes and trees, should provide an aesthetically pleasing front yard. Mr. Brown then requested that the Commission consider waiving of the customary one-week interval due to the short construction season left this year. City Manager Wysocki noted the City Engineering Officer has not had an opportunity to I review the detailed paving plan. He then recommended that the Commission defer action on this item for a period of one week. No one was present to speak in opposition to the granting of the requested Conditional Use Permit. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Public hearin north side 0 This was the time and place set for the public hearing on Commission Resolution No. 2525, entitled: COMMISSION RESOLUTION NO. 2525 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Weaver opened the public hearing. Assistant Planner Marcia Elkins presented the staff report. She noted the subject 8.25-acre parcel is located in the SE! of Section 11, Township 2 South, Range 5 East, M.P.M. The tract is more commonly located between West Main Street and West Babcock Street, just I west of the Bobcat Lodge and just east of the Ponderosa Mobile Home Subdivision, and lies in County Zoning District No.1. She noted the tract is currently vacant except for one single- fami Iy residence located on the northern portion of the property. The Assistant Planner stated two areas of concern have been expressed about the subject site: high water table, which can create drainage problems on the site; and traffic circulation. She stated the applicants are attempting to fill the area with top soil at this time. The staff recommends that drainage plans for the site be addressed during development stages, since the type of development and amount of paving to be installed will affect the type of drainage system to be required. The Assistant Planner then stated several discussions have been held on whether a public street between West Main Street and West Babcock Street through the subject parcel is needed. She noted many issues have been raised about requiring a north-south street to connect the two existing east-west streets. The Assistant Planner stated the staff recommends that if a street is not required, access to West Babcock Street from the subject property not be permitted. She noted development of the subject site will create traffic impact on West Main Street, as will any development along that portion of the street. Assistant Planner Elkins then read a letter from W. W. Lessley, 2221 West Babcock Street, stating opposition to a connector street between West Babcock Street and West Main Street through the subject property, based on the present high traffic flow on West Babcock Street. The Assistant Planner then indicated the requested annexation is in general compliance with the annexation policy adopted by the City Commission in Commission Resolution No. 2524. I Commissioner Jordan stated when the Master Plan Amendment for this item was originally submitted to the City-County Planning Board, the road north from West Main Street did not extend to West Babcock Street. He then indicated he .does not feel a road should be required so close to the Main/ Babcock intersection. City Manager Wysocki stated the Director of Public Service has indicated concern that what should be a public road is being proposed as a private road, which would carry more traffic than it is designed to carry. 10-15-84 388 Commissioner Mathre noted a Zone Map Change has not been requested for this site. She indicated a "T" designation would be beneficial, since it would provide an opportunity to review any development on this subject site. Mayor Weaver asked if the acquisition of water rights to provide sufficient water to serve the property at full development has been completed. Mr. John Schunke, Morrison-Maierle, consulting engineers, stated water and sewer lines can be easily extended to service the subject property. He noted the applicants have submitted I a request to rezone the subject property to B-2-T and R-2 around the single-family residence. Mr. Schunke then stated the applicants are opposed to installing a public street across the subject property, but wish to provide access through a private commercial drive. He then indicated the City staff, a Highway Department representative and representatives of the appli- cants met Friday and discussed the construction of a road through the subject parcel. He a I so noted the proposed access to Mai n Street wi II not be a 90-deg ree ang Ie road. Mr. Schunke then noted the applicants have encountered several delays during this process and requested that the Commission make a decision on the annexation of this property during this meeting. Mrs. Stephanie Volz, one of the property owners, stated the original application for annexation was submitted to the City in June 1983. She also noted a Master Plan Amendment for the subject property was recently approved. Mrs. Volz then stated there are several places in the various staff reports that indicate access to West Babcock Street is not recommended. She indicated the applicants had originally considered putting in a connector street, but they have been advised not to do so. Mrs. Volz then stated if a 60-foot right-of-way is required along the western portion of the property, as suggested, 40 percent of her portion of the property would be public right-of-way, which would create a hardship. Commissioner Anderson asked if the applicants are prepared to transfer water rights to the City for this annexation. Mrs. Volz indicated the applicants are willing to work with the City on the transfer of water rights or payment-in-lieu of water rights. City Manager Wysocki stated one of the conditions for annexation of property is the I acquisition of water rights or payment-in-lieu. He expressed concern that the applicants have not acted upon that requirement to date, and noted the Commission cannot act upon the annexa- tion until this provision is met. Commissioner Anderson asked if the Department of Highways will need additional right- of-way along this property for future expansion. Mrs. Volz stated the Department of Highways has as much right-of-way as it needs for expansion. Mr. Norm Wallin, applicant, stated the Highway Department plans to stripe West Main Street in that area for a center turn lane at the end of this year's construction season. He then stated he has some underground water rights which he would transfer to the City if that will meet the requirements of that condition. Mr. Wallin then stated he does not feel this small parcel of property would support the installation of a connector street. Commissioner Jordan asked if the applicants would be willing to sign a Waiver of Protest for the Creation of a Special Improvement District for the improvement of West Babcock Street for that portion of the tract which fronts on Babcock. Mrs. Volz indicated the subject parcel has a 79-foot frontage on West Babcock Street. She then stated that parcel is owned by four persons, so she is unable to answer that question. No one was present to speak in opposition to annexation of the subject 8. 25-acre parcel. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. B rea k - 8: 1 5 to 8: 25 p. m . I Mayor Weaver declared a break from 8: 15 to 8: 25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public discussion - automated garbage collection system This was the time and place set for the public discussion on the merits of initiating an automated garbage collection system in the City of Bozeman. Mayor Weaver opened the public meeting. 10-15-84 3(j9 Mr. Ed Ellis, Emco Manufacturing, presented a 16-minute film on automated garbage collection. Mr. Gene Endresen, H-C-L Equipment, also brought a 90-gallon container and a 300-gallon container for those interested in seeing and moving them. City Manager Wysocki stated the two vendors are present at this meeting and will attempt to answer any questions raised about the equipment. He stated the Commission had directed the staff to review the garbage collection system and submit any alternative method I which might be better than the current system, including different equipment or possible utilization of a private contractor. The City Manager stated the City currently has a 1975 and a 1978 backloading garbage truck, which are utilized on a full-time basis, with a 1970 backloading truck which is used in the event of breakdowns. He noted a garbage truck usually provides six to eight years of service. At this point, the Commission must determine whether to replace one truck with the same type or change the method of collection. City Manager Wysocki indicated that, after careful review of the matter, the staff has submitted to the Commission the alternative of a pilot automated garbage collection system for consideration. He stated that under the pilot program, the City would obtain a truck and necessary containers on a five-year lease/purchase agreement. A route would be determined; and the containers would be installed in that area. A one-year trial basis would provide adequate time to determine the efficiencies which the automated system would offer. He noted the automated truck can make 2200 of the 4000 stops in one week. The automated system would provide an immediate personnel savings of $45,000.00 to $50,000.00 per year; and those men would be absorbed into different City departments if they so desire. He indicated the back- loading type of truck will cost approximately $50,000.00, and an automated truck would cost $80,000.00 to $85,000.00. The City Manager then stated the City would also purchase approxi- mately 1050 90-gallon containers and 400 300-gallon containers to implement the pilot program. City Manager Wysocki then presented to the Commission several letters which have been received concerning the automated garbage collection system. The following are letters I indicating support for conversion to the automated system: Marge Fox 1810 West Olive Street #2D Joan W. Montagne 1105 South Tracy Avenue The following are letters indicating opposition to conversion to the automated system: Ema Lou Erwin 409 South 8th A venue Arline E. Street 1136 East Curtiss Street Harriet Eldora Evers 410 West Arthur Street Frances W. Travis 2520 Spring Creek Drive Winifred Lovelace 2206 Highland Court Mary Frances Morrow 1105 South Wi IIson A venue Bennett Barr 718 South 14th Avenue Paul L. Brown 1624 South 3rd Avenue Maxine Penttila 336 South Church Avenue Lynn Robson 1014 South Grand Avenue Martha C. Edsall 518 South 13th Avenue Mr. Walter Martel, 1603 South Willson Avenue, stated the current garbage collection service provided by the City is outstanding, punctual" efficient and clean. He stated he feels an automated system would have limited application in Bozeman. He also indicated he does not feel the same level of service would be provided through the automated system as is currently provided. Mr. Martel also questioned where he could place the can during the week so it would be out of sight. He also noted winter conditions would make wheeling the 90-gallon container to I the curb difficult. Mr. Martel indicated he feels the automated system is applicable in some areas, but questions whether Bozeman needs this type of system. Mrs. Robert Thompson, 424 South Bozeman Avenue, stated opposition to the automated garbage collection system. She stated if the leash law were enforced, there wouldn't be problems with tipped cans and garbage strewn around. Mrs. Maxine Bown, 507 North 18th Avenue, stated the alley behind their house is narrow. She indicated the current garbage collection system is great, and she appreciates the efforts of the garbage men. She then stated if the cans were to be put in front, there are people who 10-15-84 -------- -.-------.----- ~- 390 park along the street, not caring whether they are parked in front of mail boxes or trash cans. She asked how that could be handled. City Manager Wysocki noted the trash cans can be placed in the driveway for the auto- mated system. He stated if people park in front of the trash cans, usually a telephone call to the owner of the car will remedy the situation. Mr. John Parker, 1612 South Tracy Avenue, President of the Board of Directors for Woodbrook Planned Unit Development, stated change is inevitable; and nobody likes change. He I then noted there are several planned unit developments in Bozeman and questioned how those areas would be handled under the automated system. He stated the domestic by-laws for Wood- brook indicate the residents will place their garbage cans along the curb on the day of garbage pickup and wi II replace them after they are emptied. He stated the big problem would be placing the large 90-gallon containers in the two-car garages in the PUD. Mr. Parker suggested that if the City decides to implement an automated system, the residents of Woodbrook may determine it is in their best interests to contract with the private garbage collection company rather than with the City. Mr. Andy Van Teylingen, 415 North 15th Avenue, stated opposition to the proposed automated garbage collection system. He stated his carport is not large enough for the 90- gallon garbage can and his car, so one of those items would need to be parked along the street at all times. He also asked if a smaller container is available. Mr. Van Teylingen stated people live in Bozeman for several reasons, and one of those reasons is the beauty of the area. He indicated if it costs more to continue with the present system, he would rather maintain it than change to an automated system. Mr. Clarence Kommers, 1615 South Black Avenue, stated concurrence in Mr. Parker's comments. He stated he has chosen to live in Bozeman for several reasons, including its beauty. He then complimented the City on the efficient garbage system it now utilizes. He noted a pilot program is expensive, and the money could be better utilized. Mr. Kommers stated since the present system is working, the City should not change it. Mr. Joe Cullen, 407 South Tracy Avenue, noted the automated garbage system will I eliminate two employee positions; and those employees spend a major portion of their paychecks in Bozeman. He then stated opposition to the automated garbage collection system, noting that wheeling the 90-gallon containers to the curb would create a hardship for the elderly, the infirm, and women. Mr. Cullen then stated the residents of Bozeman have been proud of keeping up their areas better than in most towns; and he feels the new garbage containers wou Id detract from that. He also questioned whether the automated system would save any money. Mr. Cullen then indicated the current employees do a good job; and he feels the present system should be maintained, even if it may cost slightly more. Mr. William Davis, 307 South Bozeman Avenue, indicated several questions have been submitted to him concerning the proposed automated garbage collection system. He then asked what the containers for the pilot project will cost. City Manager Wysocki indicated that 1050 gO-gallon and 400 300-gallon containers will cost approximately $140,000.00. Mr. Davis then asked who will pay for replacement of damaged containers. The City Manager indicated if the container is damaged by the automatic pickup mechanism, through vandalism or some other means for which the resident is not directly responsible, the City will replace the container. Mr. Davis then asked if the automation of garbage collection will be placed on a ballot or if it will be a decision of the Commission. Mayor Weaver indicated the decision on automation of the garbage collection process will be made by the City Commission. I Mr. Davis stated cars are often parked along the streets in the residential areas near the downtown business district; and there are no alleys in the area. He also noted the resi- dents shovel their sidewalks onto the lawn and boulevard areas; and the Street Division plows the snow from the streets onto the boulevards. He noted during the winter especially it would be very difficult to collect the garbage from the curbside in those residential areas. He also indicated some of the alleys in Bozeman are very narrow and questioned whether an automated truck would have adequate room in which to operate. 10-15-84 391 City Manager Wysocki indicated the automated truck requires a 14-foot width in which to operate. He stated a standard alley is 20 feet wide; and some of the narrower alleys may be only 16 feet wide. He then stated the automated truck requires a 15-foot height in which to operate. The cable television indicated it usually strings its lines at 18 feet; and the telephone company strings its lines at 16 feet. Mr. Davis stated the garbage collection crew is conscientious, and he feels this type of I system should be maintained. He indicated a willingness to pay increased garbage collection fees to maintain the existing system. Mr. Robert Thompson, 424 South Bozeman A venue, stated opposition to the proposed automated garbage collection service. Mrs. Dorothy Jackson, 504 South 9th Avenue, stated the same type of containers are used in Poplar as are on display. She indicated there were problems with flies and strong odors. She also asked how the large containers can be cleaned and who would be responsible for doi ng that. She stated she is not in support of conversion to an automated system. Mr. Clyde Border, 1615 South Tracy Avenue (Woodbrook), stated he feels an automated system can work well in areas with alleys. He noted cleaning of the large containers could become a problem. He then stated the regulations in Woodbrook PUD will not allow keeping these containers in front of the residences; and there is no room in the garages. He indicated the City's conversion to an automated system may create many new customers for Three Rivers Disposal. Commissioner Vant llull asked Mr. Border how much garbage he has. Mr. Border indicates he has one 30-gallon garbage can each week and possibly an empty box. He then stated the City's garbage men are hardworking; and he feels the current service should be maintained in Bozeman. Mr. Gary Mesz, stated he owns property on North Third Avenue. He stated it is commend- able that the City is looking for a way to save money; but he does not support conversion to an automated garbage collection system. He questioned whether one 300-gallon container would I be adequate for four residences. Mr. Gene Endresen indicated if there is a concentration of persons and the need for garbage receptacles, two 300-gallon containers can be placed side by side. Mr. Mesz then expressed concern that if a renter puts something into a garbage con- tainer which starts a fire, the City might become involved in a lawsuit for replacement of whatever is destroyed. Mrs. Jean Cochrum, 522 South 9th Avenue, asked if one does not want to be serviced by the automated system, could their property be removed from the City's garbage assessments, and a private hauler retained. City Manager Wysocki stated under the present assessment system, a property owner within the City's service district is assessed, whether he utilizes the system or not. He indicated if the assessment system is revised, it might create some flexibility on assessments. Mr. Gene Endresen, H-C-L Equipment, stated the costs of two personnel are not the only savings the City would realize. He stated the automated equipment picks up garbage three times faster than the backloading trucks, which creates additional efficiency. Mr. AI Bown, 507 North 18th Avenue, asked what the average weight is of a full 90-gallon container. He also asked how one would clean these large containers jf something leaves an undesirable odor. Mr. Endresen stated the average is approximately 70 pounds of trash. He also stated the material used in the containers is impervious to odors. City Manager Wysocki indicated in other communities, if a container acquires an un- I desirable smell, the container is usually removed and a new one installed. After the smell is removed, the container can then be placed back in the community. Mr. Martel asked if the City has decided to implement the pilot program for the auto- mated garbage collection system. Mayor Weaver indicated the Commission has made no decisions to date. He indicated this public meeting was to gather information to help the Commission in its decision-making process. Commissioner Anderson stated the Commission is reviewing the garbage collection system to determine what method would be best for the public and the City employees. She indicated 10-15-84 392 the Commission has contacted various people in other cities in 'Montana where the automated garbage collection systems are utilized. Those involved in local government in those communities indicated that public input and public education are important when considering conversion to this type of garbage collection system. Mrs. Maxine Penttila, 336 South Church Avenue, stated she does not feel the garbage men should be required to do work which could cause back injuries. She then asked how many garbage men in Bozeman are currently on Workers Compensation due to job-related injuries. I Mrs. Penttila then expressed concern for those residents who must move the large containers and asked if the City would be liable if a private citizen received personal injury while moving a container. Mayor Weaver closed the public meeting. Break - 10:05 to 10:15 p.m. Mayor Weaver declared a break from 10:05 to 10:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public discussion (continued) - automated garbage collection system City Manager Wysocki stated the Commission has received some good input during this meeti ng . He reminded the Commission that they had directed the staff to pursue possible alternative methods which would be more efficient and less costly than the present methods used; and the staff has now presented their report to the Commission. The City Manager then suggested that the Commission consider the testimony received for a short period of time prior to making a decision. He noted there are some areas of the City where implementation of the automated garbage collection system would not be feasible. The City Manager then reminded the Commission that it must consider the best interests of the community in making its decision on this matter. Commissioner Anderson suggested this item be placed on the October 29 agenda for discussion. I Commissioner Jordan stated he did a quick two-block survey of the area in Helena which has automated garbage collection. He noted all of the cans were positioned along the curb, although it was not garbage collection day. A door-to-door check revealed that about 50 percent were noncommittal and the other 50 percent were against the system. He stated the major problem expressed was that the containers are too large to store in their garages; and leaving them along the curb is their way of silently protesting the system. The Commissioner then stated a major portion of the protests expressed are directly related to the size of the containers. He suggested that the City purchase another conventional truck at this time; and possibly in two years, when the City will once again face purchasing of another truck, the automated system will have 45-gallon containers that will be more acceptable to the public. The Commissioner expressed an unwillingness to change the system and then force the public to accept that change. Commissioner Mathre stated in Billings, it appears most of the containers are the 300- gallon units placed in the alley; and most of those are shared by only two residences. She then questioned whether Bozeman has enough alleys to support this type of system. Commissioner Jordan noted those who have spoken during this meeting and the public hearing on the garbage collection rates have indicated many times how wonderful the City's current garbage collection service is. He then expressed concern for those City employees who ride on the back of the truck, whether it is -200 or 900. Mayor Weaver noted one of the reasons the citizens like the existing system is because the costs to them are so low. He also noted many of those who spoke during this meeting I indicated they would rather pay increased assessments to maintain the existing system than have a conversion to automated garbage collection. Commissioner Jordan asked how much the 90-gallon containers cost. He noted the City would probably have to replace 25 containers each year if the automated system is implemented. City Manager Wysocki indicated the 90-gallon containers cost $80.00 each. 10-15-84 393 Mayor Weaver requested this item be placed on the Commission agenda for October 29th, for discussion and a decision on whether the pilot program for an automated system should be undertaken. Adjournment - 10:40 p.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I 10-15-84