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HomeMy WebLinkAbout1992-04-13CORRECTIONS TO MINUTES April 13, 1992 Page 1 -Line 17 -remove "Commissioner Stiff" (from those voting Aye) Line 18 -add sentence "Commissioner Stiff abstained." Page 2 Line 15 ._ change "Mr. Cottrell" to "Director Cottrell" Page 3 -Line 3 -correct spelling of "principal" Line 11 -insert "irrigation" before "water users" Line 13 after "begin" insert "upon completion, which is anticipated" (in the Fall of 1993) Line 21 -insert "other" before "existing" Line 22 change to read II 15 percent of the remaining fee cost. ... Line 28 -insert "traffic" before "delays" Page 4 Line 21 change "nominally-gravel-surfaced" to "gravel-surfaced" Page 7 Line 1 -correct spelling of "principal" Page 8 Line 6 change to read " feels that this is a well-thought-out ... plan, and stated " ... " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 13, 1992 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 13, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes -April 6, 1992 Commissioner Stiff indicated his intent to abstain from voting since he was not at the meeting of April 6. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of April 6, 1992, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Presentation of annual Library Report -Library Board of Trustees Dr. Karen Vinton, Chairman of the Library Board of Trustees, submitted to the Commissioners a copy of the Bozeman Public Library Annual Report 1991 . She briefly highlighted the important elements of the report, noting that last year's Centennial was a success. She noted that, while the Library did not meet its goal, it did receive over $100,000 in donations from its fund raising activities. She noted that, thanks to additional support from the City and the County, the Library has been open more hours, including Monday hours. She also noted that, with the additional hours, the usage of the Library services increased. Dr. Vinton then reminded the Commissioners that the Montana Library Association will conduct its annual conference in Bozeman on April 26 through 29. She then invited the Commissioners to attend their opening reception on Monday evening. 04-13-92 -2 - Mayor Swanson stated that on the Friday television edition of Washington Week in Review, an update on the status of libraries across the country revealed that libraries are cutting back on hours and books. He noted that during this time, the local Library is growing, expanding its hours and its services. He then expressed caution and a concern that the community not take the facility for granted. Dr. Vinton noted that one of the reasons the local Library is flourishing is that the Library Board of Trustees, with the assistance of the City Commission, has been extremely conservative in any expansion of Library services. She noted that since that growth has occurred slowly, the Library is now able to maintain the level of funding necessary to continue its operations. Library Director Steve Cottrell noted concurrence with Mayor Swanson's comments about the national trends for libraries. He noted that a lot of libraries in Montana are now reducing their hours, laying off staff members and cutting their book budgets, while the Bozeman Library is slowly improving. He then stated appreciation for the support which the Library has received from the City Manager and the City Commission over the past few years. Mayor Swanson thanked Dr. Vinton and Mr. Cottrell for their presentation of the annual ,- report. Presentation from DNRC re status of Hyalite Dam project City Manager Wysocki stated he had placed this item on the agenda to provide the Commission with an update on the status of the Hyalite Dam reconstruction project. Mr. Glen McDonald, Montana Department of Natural Resources and Conservation, gave a brief summary of the Middle Creek Dam (Hyalite Dam) reconstruction project. He stated the old spillway was too small according to today's dam standards; the spillway was in very poor condition and beginning to deteriorate structurally; the construction of the spillway was never completed, with no drop being provided to the creek, which has caused erosion damage; seepage in the left abutment of the dam is considered excessive and controlled; and extensive development below the dam makes rehabilitation essential. He noted that estimates indicate that in excess of $30 million in property damage would occur if the dam were to fail. Mr. McDonald stated that this project began in 1983 when the DNRC, as owners of the project, undertook a feasibility study. He noted that the study was completed in 1985; and the DNRC received funding from the federal government for the project in 1988. He stated that the 04-13-92 -3 - preferred alternative is the option which was selected for rehabilitation of the dam; and that includes increasing the dam height by 10 feet and the water level by 8.2 feet, replacing the existing principle spillway and drop structure, repairing the seepage in the left abutment of the dam, and mitigating the environmental and recreational impacts of the project. He noted these include relocation of the Blackmore Campground, providing alternative grayling spawning habitat and providing alternative moose habitat. He also noted that a private cabin at the upper end of the lake also was relocated because of the enlarged reservoir area. He stated this project is scheduled for completion in the Fall of 1992. Mr. McDonald stated the project cost is $4.6 million, which is funded in part by grants and in part by a $3.1 million loan from the Bureau of Reclamation. He stated the loan will be paid back over a 40-year period through payments made by the City and the water users. He noted that the loan is at zero percent interest for agricultural water and 7 .5 percent for municipal water; and the payments will begin in the Fall of 1993. Responding to questions from the City Manager, Mr. McDonald stated that the reservoir previously held 8200 acre feet of water, and after the rehabilitation it will hold 10,300 acre feet. He stated the minimum pool will be 1120 acre feet, which has been maintained throughout the history of the reservoir except the year it was drained lower due to a drowning. Mr. McDonald stated that a special use permit from the Forest Service was required for this project, prior to the beginning of construction. He noted that the fees for this permit were calculated at $10,000; however, after extensive negotiations with the Forest Service, they waived 62 percent of the fees. He noted that the City then paid 85 percent and the existing water users paid 15 percent of the fee. In response to questions, Mr. McDonald expanded on the efforts which are being undertaken to mitigate the impacts on grayling habitat and moose habitat. He then indicated that construction is running slightly ahead of schedule, due largely to the nice fall weather last year. He noted that people will be able to use the facilities in the area this summer, but they can anticipate delays similar to those incurred last year. Responding to the City Manager, Mr. McDonald indicated he anticipates a drawdown schedule for water in the reservoir similar to last year's. He indicated, however, a willingness to work with the City in adjusting that schedule, particularly if the available water is as low as anticipated. 04-13-92 . -4 - The Commission thanked Mr. McDonald for his presentation. Presentation of master plan for Valley Unit Park City Manager Wysocki noted that a copy of the proposed master plan for Valley Unit Park, as prepared by Dr. Dick Pohl, was included in the Commissioners' packets. Mr. Bob Lee, member of the Recreation and Parks Advisory Board, reviewed the process which has been utilized in developing the master plan as well as the elements of the plan. He noted that on January 27, Dr. Pohl conducted a public input meeting, at which he gathered information from residents in the immediate area regarding their desires and concerns. After that public meeting, he developed a proposed master plan based on that input as well as comments from City staff and other interested persons. He noted that plan was then submitted to the Recreation and Parks Advisory Board, which conducted its public review on March 9. He noted that some minor revisions have been incorporated into the plan as a result of that meeting. Mr. Lee then reviewed the proposed master plan for the subject 8.6-acre parcel. He noted the subject parcel is a long, narrow parcel generally lying between Meagher Avenue, Cascade Street, Yellowstone Avenue and Durston Road. He noted the plan incorporates the existing stream into the overall design of the park. He stated that a 160-foot by 360-foot ballfield is proposed in the southwest corner of the park, to be utilized by residents of the subdivision, not for organized sports groups. He noted that in the center portion of the park, playground equipment for small children is planned, as well as some picnic facilities. He stated the northern portion of the park is primarily a detention pond area, with slightly sloped sides, thus making it largely unusable for any formalized recreational activities. He stated that a nominally-gravel-surfaced trail around the edge of the park is proposed; and once around its entire length would be one kilometer. Mr. Lee stated that restroom facilities were discussed. He noted, however, that since this is a neighborhood park, it was determined those would not be essential immediately, particularly in light of the cost and high rate of vandalism on such facilities. He then stated that the plan, as submitted has an estimated cost of $69,000. He suggested it would be appropriate to phase these improvements in over a period of time, whenever monies become available, rather than incurring debt for the improvements. Mr. Bob Lee stated the Recreation and Parks Advisory Board felt it would be appropriate for the residents of the neighborhood to become involved in seeing that portions of the master plan 04-13-92 -5 - are implemented. He noted that various grants are available; and funds from those sources could be utilized for a portion of the park development. City Manager Wysocki reviewed the cooperative effort used to obtain funding for Jarrett Park, which was recently developed. He noted that the residents of Figgins Addition contributed $1,000; the City contributed $9,000; and a Land and Water Conservation Fund grant for $10,000 was obtained, with those monies covering the costs of developing a two-acre park. Responding to Commissioner Knapp, Mr. Lee stated that there has been no attempt to prioritize elements of development in the park, although he suggested the residents probably have their own priorities. He suggested that one of the first items should probably be the re location of the irrigation ditch on the east side of the park. He noted that, while it is not really a hazard, it is an eyesore and a nuisance. He also noted that the grate over the storm water culvert on Durston Road often plugs and creates problems for adjacent residences; and it should probably be checked on a regular basis to avoid problems in the future. Responding to Mayor Swanson, Mr. Lee stated the next step in the process is Commission approval of the master plan. He noted that this does not mean that the development of the park is to be undertaken immediately, rather, it provides a guideline for the development when it does occur. He further suggested that the timing of development should be triggered by the residents in the area, rather than by the City. He noted that the Valley Unit Park is truly a neighborhood park; and steps should be taken to ensure that it retains that type of character. He also noted that since it is a neighborhood park, its development should not become a community obligation. At Mr. Lee's request, Park Superintendent McNeil reviewed some possible options for funding of the improvements. He noted that there are several different grants available, including several for trail construction. He also noted the Land and Water Conservation Fund grants are still available, although it often takes several years to get an application funded. Superintendent McNeil then noted the importance of getting master plans for the various parks in place so that when various groups approach the City with monies for development of a park, the staff has a master plan upon which to base its suggestions for expenditure of those monies. He then noted that these plans do not reflect any intent to jump into development unless funds are readily available from an outside source. Responding to Commissioner Knapp, Mr. Lee stated some people think they know who privately planted trees along the northwest portion of the park; however, they are not certain. He 04-13-92 -6 - then noted that many people have made futile efforts at maintaining the park over the past few years, which reflects the neighborhood interest in its development. Mr. Mark Aafedt, resident of Valley Unit Subdivision, noted there are a lot of young families in that area. He noted interest in the installation of a slide, swing set and grassed play area as the first phase of development in the park, asking what type of cost that might involve; Park Superintendent McNeil responded that such equipment could probably be purchased for $10,000. Responding to Mayor Swanson, the City Manager stated that the Recreation and Parks Advisory Board has essentially conducted a public hearing on this plan and accepted input, with the appropriate revisions being made to the plan after than input and before its presentation to the Commission. He then reminded the Commission that this is the first of several such documents to be submitted to the Commission for review. He suggested that the Commission consider each master plan separately, taking any public input that may be forthcoming during that review. He then suggested that the Commission not conduct public hearings on any of these master plans unless they receive a request from the public within thirty days of receipt of the plan. He noted that in situations such as this, where no public comment has been received, the Commission could make its decision based on the Recreation Board's presentation and recommendation. Mayor Swanson thanked the Recreation and Park Advisory Board for its presentation of this park master plan. He then requested that the plan be placed on the agenda in two weeks for action. Concept plan review -Frank and Joanne Elliott -PUD to allow development of a duplex on AS zoned property at South 3rd and Goldenstein Lane City Manager Wysocki stated this was the time and place set for the concept plan review on a proposal submitted by Frank and Joanne Elliott to allow construction of a duplex as a planned unit development on a parcel of AS-zoned property located at the intersection of South 3rd Avenue and Goldenstein Lane. Associate Planner Dave Skelton presented the staff report. He stated the applicants propose to construct a duplex for elderly and handicapped individuals on a portion of their AS-zoned property at the southwest corner of the intersection of South Third Avenue and Goldenstein Lane. He noted the subject site is approximately ~ mile west of the future phases of Carter Williams' Sourdough Creek Properties development. 04-13-92 -7 - Planner Skelton stated that duplexes are not listed as permitted principle or conditional uses in the A-S zone; however, under the zone code, they can be allowed under a planned unit development. He reminded the Commission that under the concept plan review process, the applicant obtains comments from the DRC, ORB, Planning Board and the Commission on a proposed project before st.Jbmitting a formal application. The Planner then reviewed the comments which have been forwarded by the Design Review Board, the Development Review Committee and the City-County Planning Board, noting that copies of those comments were included in the information forwarded in the Commissioners' packets. He noted that comments forwarded included a suggestion that the application be for development of up to five single-family units on the 40-acre parcel, even though a duplex may be the only one which the Elliotts plan to construct. He also noted comments were forwarded regarding buffering and landscaping from the single-family residential homes directly east of the proposed units. He stated the applicants were also encouraged to use an architectural treatment similar to that used for the Eagle Mount structure for this development. He noted that the applicant was also encouraged to utilize City services for this development, if the timing of its construction coincides with the extension of water and sewer services for the Sourdough Creek Properties development. He stated that concerns about traffic were also raised; and future design of the intersection of Goldenstein Lane and South Third Avenue is an issue that must be carefully considered. Mr. Frank Elliott, applicant, stated he has recently become aware of the extreme shortage of housing for elderly and handicapped individuals. He noted that his property, which is adjacent to the Eagle Mount development, seems to lend itself well to such development. He then stated his intent to build the proposed duplex on one acre in the corner of his parcel. He indicated that they have managed rental units for several years and have no trouble with tenants because they exercise close control over those individuals. Mr. Elliott then stated he proposes to construct a duplex on one level. He noted his intent to use an architectural treatment which is compatible with surrounding facilities. He stated that since he plans to construct small, economical duplex units, he feels that they will blend with the existing larger Eagle Mount facility and surrounding single-family residences. He noted his plan to utilize the same roofline and general appearance as the Eagle Mount structure. He suggested that by tucking this structure into the existing cottonwood trees near the intersection, without damaging 04-13-92 -8 - any of those trees, the structure should have minimal impact on the viewshed from surrounding homes. Commissioner Knapp noted that from the conceptual plans, it appears the view of the structure from South Third Avenue would be of the back of the building, which would provide the illusion that it is a single-family structure; Mr. Elliott concurred. Commissioner Frost noted he feels the plan is well thought out, and stated concurrence with the comments forwarded by the ORB and the Planning Board. Commissioner Stiff stated the plan appears to be well conceived. He noted that the measurements appear a bit snug for a wheelchair; however, the plans appear to be workable. He also noted that the costs of providing handicapped access should be less costly in new construction than in remodeling. Mayor Swanson stated concurrence with the comments which have been made, noting this helps to address a great community need. He then encouraged the applicants to explore the possibility of passive solar exposure for these units, noting it would help to reduce some of the living costs. City Manager Wysocki reminded the Commission that since this application will be heard under the conditional use process, they will have an opportunity to attach the conditions they feel appropriate to make the development compatible with the surrounding area. He then suggested that if the Commissioners feel certain conditions should be attached, they should make the applicant aware of those intentions at this time. Associate Planner Skelton stated that he discussed with the applicants this morning the possibility of attaching a condition which would require that these units be rented to elderly or handicapped individuals; however, he noted staff could also support approval of this application as a duplex with no restrictions on who the units could be rented to. He suggested that other possible conditions could be attached regarding the roadway; and those conditions must be coordinated with the County Road Superintendent. He also noted that landscaping will probably also be addressed. The Planner then noted that a concentration of development is occurring at this intersection; and that clustering meets the master plan's intent for rural node development. 04-13-92 -9 - Request for modification of minor site plan -D & R Vending, 10 Shawnee Way -to allow continued use of a direct access to East Frontage Road City Manager Wysocki noted the Commission has received a memo from Associate Planner Debbie Arkell, dated April 8, regarding this item. Associate Planner Arkell reviewed the contents of her memo. She noted that in June 1991, D & R Vending received minor site plan approval for construction of their new building at the northeast corner of the intersection of East Frontage Road and Shawnee Way, which is located in the Burrup Annexation. She stated that the applicant is now requesting a modification of that minor site plan approval, to allow continued access of the direct access which they have constructed to East Frontage Road. She indicated that this second access does not comply with the provisions of Section 18.50.11 O.D. of the zone code because it is approximately 100 feet from . the intersection of Shawnee Way with East Frontage Road; and the code requires a minimum of . 150 feet. The Associate Planner stated that the applicant determined, after construction of the building, that the access from Shawnee Way did not adequately provide for semi-truck access to the overhead doors on the south side of the structure. She indicated that after that determination was made, the applic~nt sought, and received, an access permit from the Montana Department of Transportation (formerly the State Highway Department) for the direct access. She noted that, in approving that access permit, the Department did not seek City input to ensure that local code requirements were met. She stated that, in addition to not meeting the code requirements for distance from an intersection, there is a "no access" strip on the plat map for Lots 1 and 5 of the Shawnee Industrial Park; therefore, this approach is in conflict with the subdivision plat. Associate Planner Arkell stated that, at the request of the Director of Public Service, the DRC and the ORB have both reviewed this request. She noted that since Shawnee Way is not a through street, traffic on that roadway should be minimal. She noted that the ORB also indicated that if this access is approved, the landscaping which was to have been located there should be relocated within the site. Planner Arkell then reviewed the three conditions which staff would recommend be attached to approval of the applicant's request to continue using this access, which pertain to removal of the "no access" statement on the plat, paving of the access, and submittal of the revised site plan. 04-13-92 -10 - Commissioner Frost stated an interest in attaching another condition requiring a financial guarantee for the paving, which is a standard condition on most applications. Responding to Commissioner Frost, the Planner indicated that, while there may be adequate property frontage available for relocation of the access so the 150-foot separation could be achieved, the alignment of the access with the overhead doors on the structure is the key issue. Commissioner Frost then expressed concern about the conflicts which have arisen recently with the Montana Department of Transportation approving curb cuts within city limits which are not in compliance with the City's zone code. He further noted the Department is apparently considering the installation of sidewalks adjacent to West Main Street, which is also not in compliance with the City's sidewalk policy. The Commissioner noted he is not comfortable with being placed in a position of essentially having to approve an improvement which is contrary to the City's codes because a State agency has previously approved that item under their regulations. He then suggested that a communication mechanism be established to ensure that it does not occur in the future. Associate Planner Arkell stated that after this specific access was brought to City staff's attention, the City Engineer, Code Enforcement Officer and she met with representatives from the local office of the Montana Department of Transportation to discuss the issue. She stated that, as a result of that meeting, they have adjusted their process to include a new condition which requires that access proposals meet local zoning standards. Commissioner Frost noted there are five commercial lots around Shawnee Way, which is a cul-de-sac street. He noted that, depending on the type of businesses which develop on those lots, there could be a substantial amount of traffic on that roadway and utilizing its intersection with East Frontage Road. Mr. Lowell Springer, architect for the original project, stated that when he designed the project initially, he indicated to the business owner that maneuvering would be extremely tight for semi-truck rigs. He noted that after they began to use the site, the applicants recognized that difficulty and sought the second access. He then encouraged the City to work with the State in an effort to eliminate the conflicts which can occur when one agency approves a request that is in conflict with the other's standards. Responding to Mayor Swanson, Mr. Springer stated he feels the applicant would be willing to provide a financial guarantee for paving of the access. 04-13-92 -11 - Commissioner Knapp suggested another condition be added which stipulates that the trees displaced by the new access will be relocated on the site, with the financial guarantee attached t o that improvement as well as the paving. Responding to Commissioner Frost, Mr. Springer estimated that 50 percent of the traffic to this site is employee traffic; and the rest is trucks. He then noted that traffic generated by this business is not heavy, with probably 10 to 12 trips per day. Commissioner Frost suggested the possibility of limiting use of the direct access to East Frontage Road to large trucks exiting the site. He expressed concern about the dangerous situation that could arise from heavy use of this access, particularly when it is so close to an intersection. Mr. Springer noted it is difficult to limit use of an access; however, he noted that since a major portion of the vehicular traffic is employees of the firm, it would be possible to ask them to utilize Shawnee Way. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the request for modification of the minor site plan for D & R Vending, 10 Shawnee Way, to allow the continued use of a direct access to East Frontage Road, subject to the following conditions: 1. That the applicant take the appropriate steps to remove the "No Access" statement on the final subdivision plat within one month of City Commission approval of the modification. If removal of the statement is not pursued within this time, the City-County Planning Office shall contact the State Highway Department to request revocation of the Access Permit; 2. That the 25-foot-wide access be paved and curb installed on both sides of the access drive, with said improvements completed within six (6) months of City Commission approval of the modification; 3. That the trees displaced by the new access be relocated as shown on the modified site plan, and approved by the Planning Director; 4. Because occupancy of the structure has occurred prior to installation of all required on-site improvements, including the paving and curbing of the new access, completion of these improvements must be secured by a method of security equal to one and one-half ( 1 % ) times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security must be received by the City by April 27, 1992, and shall be valid for nine (9) months; however, all required improvements must be completed by the applicant within six (6) months of approval of the modified site plan (October 13, 1992) to avoid default on the method of security; and 5. That seven (7) copies of the modified site plan be submitted to the Planning Office for distribution to appropriate City Departments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, 04-13-92 -12 - Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Continued discussion -Valley Unit Subcommittee's recommendation to pay delinquent property ,taxes to acquire tax deeds for Valley Unit properties City Manager Wysocki requested that this item be withdrawn from the agenda, and that it be brought back later, after staff has had an opportunity to gather more information; the Commission concurred. Discussion -timeline for making decisions/improvements to South Third Avenue from Kagy Boulevard to Graf Street The City Manager noted that a memo from Director of Public Service Forbes, dated April 10, was included in the Commissioners' packets. Director Forbes reviewed the contents of his memo, noting that as early as 1986, improvements along South Third Avenue concentrated on a pedestrian walkway or sidewalk to alleviate the vehicular/bicycle/pedestrian conflicts incurred on the narrow roadway. He noted that with the development of Westfield Subdivision, Phase II, the developer was required to provide a sidewalk design for that portion of South Third Avenue from Graf Street to Kagy Boulevard; and that design has been the basis of the cost estimates for the current sidewalk program. Director of Public Service Forbes noted that residents in the immediate area seem to feel that full improvements, including widening of the street, curb and gutter, drainage, and sidewalks along both sides should be considered, rather than a piecemeal approach in which the sidewalks or walkways installed now will not be compatible with future upgrading of the roadway. Director Forbes then reminded the Commission of the opening of the new elementary school in August 1992. He noted that this will cause children living on the east side of South Third Avenue to cross that street to reach the school. He noted that full improvements for the roadway cannot be completed within the time available; therefore, he asked the Commissioners to forward their comments on two possible options which will address the children's safety until the desired improvements can be made: 1) make no physical changes to the roadway, but ask City staff to work with the School District to reach an agreement on items such as bussing and/or additional · crosswalk guards to ensure the children's safety; and 2) widen the roadway from its existing 27- foot width to a 40-foot width, with 14-foot-wide driving lanes and striped shoulders for pedestrians 04-13-92 -13 - and bicyclists. He noted that, although it's a very tight timeframe, it would be possible to complete the second option by August 21 if the Commission adheres to the timeframe which he has proposed in his memo. The Director noted that with the possible extension of South 11th Avenue and the potential for major changes to the intersection of South Willson Avenue, Kagy Boulevard and South Third Avenue, the need for upgrading South Third Avenue to an arterial street standard may not be necessary under a 20-year design period. Mayor Swanson asked each of the Commissioners to indicate their preferences for Option No. 1 or Option No. 2, and whether they are willing to accept the timeframe as set forth by the Director for accomplishing acceptable safety measures for the children to gain access to the new elementary school. Commissioner Knapp stated her desire to conduct a public hearing on both Option Nos. 1 and 2 before making a decision on which should be utilized. She also indicated her support for the timeframe as submitted. Commissioner Vincent stated concurrence with Commissioner Knapp's comments. He then suggested that if any of the residents wish to forward other options for Commission, they should do so in writing at least one week before the public hearing, so that the ·commissioners may consider them in the decision-making process as well. Commissioner Stiff stated concurrence with Commissioner Knapp's comments. Commissioner Frost stated that, without the transportation plan in place and without a prioritized listing of street improvements, he is concerned about any substantial expenditures. He then indicated support for the timeframe forwarded in the Director's memo. Mayor Swanson noted his desire to conduct a public hearing on Option Nos. 1 and 2 prior to making a decision. He then noted the importance of limiting the public hearing to those two options, even if residents do submit other options prior to the hearing date. He noted that Lincoln Street is only 30 feet wide, suggesting the possibility that a 40-foot width for South Third Avenue is excessive. He then indicated support for the timeframe as submitted. The Commission then asked the Clerk to advertise for the public hearing, which is scheduled for May 4. 04-13-92 -14 - Break -5:07 to 5: 15 p.m. Mayor Swanson declared a break from 5:07 p.m. to 5:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion -garbage collection system The City Manager submitted to the Commission a memo from Director of Public Service Phill Forbes, dated April 10, providing a summary of the information which the Commissioners had submitted on their priorities for various elements of the garbage collection program, as requested. The Director stated that a majority of the Commissioners opted for maintaining the current manual method of collection, with some modifications to the existing tag system, rather than converting to an automated collection system. He then noted that he has listed the proposed elements of the program, based on an average of the prioritization by the Commissioners. He noted that he then attached low-and high-range dollar figures to those elements. He then reviewed the prioritization of those elements, which is as follows: 1. Weekly collection (current) 2. Compost collection (current) 3. Waste oil disposal (current) 4. Household hazardous waste collection (new) 5. Landfill compost program (current) 6. Free dump day (current) 7. Salvage at landfill (new) 8. Alley clean-up (current) 9. Recyclables collection (new) 10. Recycling education (new) 11. Bulky item collection (current) 12. Enforcement (new) 13. Alley trimming (current) 14. Recycling coordinator (new) The Director noted that the individual Commissioner rankings varied substantially on the top thirteen priorities; however, the recycling coordinator was generally at the bottom of all of the Commissioners' lists. Director of Public Service Phill Forbes noted that the budgetary process for Fiscal Year 1992-93 is underway; and requested Commission discussion on the prioritized list in an effort to provide the staff with direction for that process. He also reminded the Commissioners that if any rate changes are needed for next fiscal year, he will forward a staff recommendation no later than May 4, which is as late as the Commission can make a decision if a rate change is needed, effective July 1. The Director stated that during review of the rates, staff will consider the 04-13-92 -15 - possibility of adjusting the large volume accounts to develop a more attractive and competitive fee structure. Mayor Swanson asked the Commissioners to respond, in turn, to the questions forwarded by the Director. He suggested that the Commissioners do so on the basic assumption that the top five services are the ones which will be funded during the budget process, with the remainder being eliminated. Commissioner Frost stated he feels it is important that the City offers more services than private garbage collection companies, and that it make those services known. He then stated that household hazardous waste collection was one of his top priority items; however, he feels it should be eliminated because of the associated costs. He suggested that in its place, free dump day, salvage at the landfill and alley clean-up be added. He then expressed concern that some of the services listed would be provided to everybody, even those not on City garbage collection services. He suggested, therefore, that an identification card of some type be mailed with the special assessment notices so that services such as the free dump day can be limited to those who subscribe to the City's service. He noted that other services, such as alley clean-up, are necessary and should be provided for everyone. Commissioner Stiff stated he has received a suggestion that the City should more aggressively pursue the commercial customer accounts. He noted the importance of not increasing the garbage rates, indicating that to acquire commercial accounts could help to generate the revenues necessary to maintain this operation. He then suggested that the household hazardous waste collection be dropped and that salvage at the landfill, alley clean-up, enforcement and alley trimming be added to the top five priorities. He noted the importance of enforcement to make the current system operate fair and equitably. He further noted it appears that ensuring only City garbage customers receive the benefit of a free dump day would become administratively difficult and should, therefore, be dropped from the list of additional services provided. Commissioner Vincent stated his support for deleting hazardous household waste collection and adding free dump day, salvage at the landfill and alley clean-up. He then noted concern about the possible elimination of the free dump day, particularly in light of the changes which the alley clean-up program has undergone because of the change in the method of assessment. He then noted that he needs additional information about salvage at the landfill, and how that program would be operated. He noted, therefore, he may be willing to consider the · 04-13-92 -16 - suggestion that enforcement be added in lieu of the salvage program. Director of Public Service Forbes briefly highlighted the principles of a salvage program at the landfill, noting that an area at the landfill for selected materials--possibly aluminum, glass, paper, cardboard and wood--would be established so that people could set those products aside before crossing the scales to the landfilling area. He suggested that, if regulations allow, it might be possible to allow the wood to then be taken by someone else as free firewood. The Director noted that eliminating these items from loads taken to the landfill could be accomplished by a stop at one of the recycling facilities in town; however, he noted the reality is that is not being done. The Director then responded to several questions from Commissioner Knapp. He stated approximately 16 percent of the garbage landfilled each year is taken to the landfill by the City's garbage trucks. He noted that nationally, approximately 40 percent of the landfilled items are paper or paperboard products; and Bozeman's landfill is close to that average. He noted that a baler would cost approximately $75,000; and a tub grinder for the City's compost program would cost approximately $100,000. Commissioner Knapp noted that the Commission has not consciously addressed the basic question, but has made the assumption that the City wishes to remain in the garbage collection business. She stated that she feels the City should do so; however, she also feels that statement needs to be made. She then noted the City's goal is to reduce the landfill instream; however, it collects only a small percentage of that garbage. She then expressed concern that recycling issues ranked so low on the listing, particularly in light of the goal for reduction in landfilling. Commissioner Knapp then stated she does not concur with the other Commissioners on the issues of alley clean-up and alley trimming, since only 50 percent of the community benefits from that type of program, and not all of those individuals are on the City's garbage collection service. She noted that as the community grows and new subdivisions are developed, that percentage will decrease since there will be no alleys in those developments. She noted support for the top five priority items, except for the household hazardous waste collection because of the costs involved. Co.mmissioner Knapp then stated she feels the Commission should consider changing the landfill fees for City collection customers, to eliminate the charge for taking compost materials to the landfill. Mayor Swanson noted support for the staff's intention to review the garbage collection 04-13-92 -17 - rates for multi-family residences, encouraging them to be "Aggressive" in establishing competitive rates in that market. He noted a quote in an article in the Sunday edition of the Bozeman Daily Chronicle in which the City was encouraged to retain the volume-based rate system, noting it will become the example which other communities in Montana will follow in the near future. He then stated he has received several calls of support for the system, mostly from single-family residents, as well as complaints, mostly from dumpster users. He stated he feels it is important that the rate system be changed so that it is fair and equitable and addresses the problems incurred by those with dumpsters. Mayor Swanson then stated his support for retaining the top five priority items, except for the household hazardous waste collection, and the addition of salvage at the landfill and enforcement. Responding to the Mayor, the Director stated that the City has supported the Recycling Coalition's program by providing at least one truck for each drop-off plus $1,000 in the City's budget to support the mechanics of the program. The Mayor then stated an interest in retaining this level of support. Responding to Commissioner Stiff, the Director stated he did not include any costs for the bulky item collection, although there actually are costs involved. He noted, however, that under the current system, bulky items may be set by the garbage cans, with the appropriate number of tags affixed. He stated that, as a general rule, the garbage truck can pick up those items on its regular route, so actually additional costs are not incurred, although there are instances when a special pick-up is required because the item will not fit in the packer truck. He then reminded that this service issue was actually a carry-over from the discussions on the possibility of converting to an automated collection system. Mayor Swanson stated that, based on that explanation, he is supportive of adding the . bulky item collection to the list of top priority items. Commissioner Frost stated support for Mayor Swanson's "Aggressive" posture on pursuing large accounts. He also stated support for Commissioner Knapp's requestthat the charge for taking compost to the landfill be removed. He then stated support for enforcement, although he noted he had previously had no hope of that rising to the top because of its low average ranking. He then noted a willingness to exchange that item for salvage at the landfill as one of his top priority items. 04-13-92 -18 - Mr. Darrel Behrent, 208 Lindley Place, suggested the lack of revenues is more the result of mixing weights and volumes rather than using only one element then establishing and evaluating the system. He noted that the tags are for a 33-gallon container, with a 30-pound weight limit. He stated this causes an inequity, because a garbage can full of garbage can weigh a little or a lot, depending on its contents. He then suggested that the Commission consider implementing a charge of 3 cents per pound, install a scale on the truck, and bill the customers on their monthly water and sewer bills. He stated this would be much more equitable; and the City would be receiving the revenues actually generated by the weights involved, rather than people cheating on the number of tags they affix. He also noted that this would eliminate the need for enforcement because tags would no longer be required. He further noted that this would also encourage recycling, whether a manual or an automated system is used. Mr. Behrent then cautioned the Commission to consider the liability issues before implementing a salvage program at the landfill. He noted that if someone were to incur an injury from a nail in a board, it could create a substantial liability to the City. The Commission thanked Director of Public Service Forbes and Assistant to the City Manager Brey for the work they have done to provide extensive information to the Commission on this issue. Responding to Mayor Swanson, Director Forbes stated the City crews have done some enforcement of the weight limitation on the tags by not picking up grossly overweight cans. He noted that, for long-term fairness, the City must become stricter in its enforcement of the weight limit, and work with the public to raise their awareness of the 30-pound limit. City Manager Wysocki noted the importance of taking steps to ensure that customers only put 30 pounds in a garbage can, particularly because of the potential for injury to employees when they grab a heavy can. Director of Public Service Forbes indicated his intent to use the Commission's revised priority list in developing the budget for next fiscal year. He also noted that he can create more definitive cost estimates for each of the program elements to more closely determine the revenues necessary. He stated his intent to submit the results of that budgetary process to the Commission by May 4, along with any proposed revisions to the fees. Mayor Swanson thanked staff and the public for their attendance and comments on this item. 04-13-92 -19 - Discussion -FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Minutes from the BABAB meeting of March 24, 1992. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 14. (3) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, April 14. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, . April 14, along with the daily minutes for the week of March 30, the public meeting of March 31, and the special resort tax informational meeting at Big Sky. (5) The City Manager submitted his weekly report, as follows. (1) Announced that Director of Public Service Forbes attended a meeting with the Montana Department of Transportation and representatives from other Cities to discuss support funds for street projects, under a program formerly known as the Federal Aid Urban funding. He noted that Cities will have some more opportunities to provide recommendations on issues to be addressed in establishing a formula for distribution of funds. (2) Has discussed with the DBA the issue of vending carts on Main Street. He noted the possibility of allowing one vending cart per block and possibly a couple in front of the Soroptimist Park, in an effort to attract people to that area. (3) Noted that snowpack through February was about 75 percent; and he does not expect that figure to change substantially between now and summer. (4) Met with the HRDC and Home buyers' Club proponents regarding housing. (5) Announced that the new rates for workers compensation and general liability insurance are nearly completed and are scheduled to be confirmed at the next MMIA Board meeting. (6) Attended the TIFID E;Joard meeting, where the issue of infrastructure was discussed. (7) Announced that three parcels must yet be acquired for the right-of-way for the Kagy west project. (8) Noted that the Police Department has received a $5,000 grant from Highway Safety funds, to be used for traffic enforcement. Special areas of enforcement will include stop lights, pedestrian/vehicular issues, seat belts and child restraints. (9) Noted that 48 drug arrests had been made as of two weeks ago; and the projections on the grant application were for 25 arrests this year. ( 10) Announced that staff is seeking quotes on the cost of signs for the residential parking district. (11) Noted the City has a part-time Animal Control Officer while the 04-13-92 -20 - regular officer is on sick leave. (12) Noted that 29 notices were mailed for water accounts which are 60 days delinquent; and most of those delinquencies have been paid. (6) The City Manager noted that the budgeting process has begun and asked the Commissioners to review their goals for this fiscal year in anticipation of this year's goal setting process. He then asked the Commissioners to prepare their initial lists of goals and turn them in to the Clerk of the Commission by Wednesday, April 22. He also asked the Commissioners to set two meeting dates for prioritization of those goals. Following discussion, the Commissioners set meetings for 7:00 p.m. on Wednesday, May 6, and 7:00 p.m. on Monday, May 11 for setting of goals for Fiscal Year 1992-93. (7) Commissioner Vincent submitted the following. (1) Noted he gets phone calls and packets of information about the Swim Center; and he does not know how to respond to that information. The City Manager suggested he meet with Recreation Superintendent Harkin and possibly view the facility. (2) Expressed concern that, for the second week in a row, the Commission has had requests from businesses for approval of items not in compliance with the zone code. He also expressed concern that these have involved after-the-fact issues, with a request that those items now be approved and allowed to remain; and he is sensitive to being put on the spot like that. (8) Commissioner Knapp submitted the following. (1) Worked on the book sale, sponsored by the American Association of University Women, which was held at the Library last week. (2) Participated in the RFP review process last week. (3) Attended the Library Services ,Advisory Council meeting in Helena on Friday. (4) Requested that the Commission consider ordering the books entitled Improving Management in Cities and Towns: Implementing Goals and Standards and Standards for Effective Local Government: A Performance Assessment Workbook for Small Cities and Towns, as discussed in an article entitled New guide on city management stresses goals in the March 30, 1992, edition of the Nation's Cities Weekly. (9) Commissioner Frost submitted the following. (1) Attended the ORB meeting on Tuesday afternoon. (2) Attended the Planning Board meeting on Tuesday evening. (3) Attended the OBA meeting on Wednesday. He noted that a charette has been scheduled for Saturday for the purpose of setting goals for how they want the downtown to look and possible financing alternatives. He noted that one of the OBA's goals for this year is to attach historic designation 04-13-92 "' I I - -21 - plaques to twelve of the downtown buildings; and they have received requests for eight of those plaques. (10) Commissioner Stiff submitted the following. (1) Noted the application for kennel . license recently denied by the Commission, and his initial desire to allow the dogs to remain at the North Grand Avenue address until July. He noted that the neighbors are not willing to allow the existing situation to continue for that period of time; and the dogs must now be removed from that site. (2) Received input on the garbage collection system, with not everyone being in favor of the tag system. He noted, however, they seem willing to give the system a fair chance. (11) City Attorney Luwe stated that last week, staff opened bids for construction of the 1991 sidewalk construction program. He noted that special warrants must be issued in conjunction with the award of the construction bids. He then distributed copies of the draft resolution for the sale of those warrants to the Commission, noting that it has been forwarded to bond counsel for review. He then indicated staff's intent to place these items on next week's agenda for action. (12) Mayor Swanson submitted the following. (1) Announced that he will make a presentation on the performing arts center and its impacts on parking the downtown area to the Parking Commission at its meeting on Tuesday morning. (2) Noted the Board of Directors for the Gallatin Development Corporation will be meeting in Belgrade on Wednesday noon; and he is unable to attend. He then asked any interested Commissioner to contact him for additional information. (3) Announced that he will speak to the Newcomers at noon on Thursday. (4) Stated he will meet with the Clerk of the Commission on Thursday afternoon regarding the various issues she raised in a recent memo. (5) Noted the second graduation for the DARE program is scheduled for 7:00 p.m. on Tuesday, May 19, at the Willson Auditorium. He noted that Commission representation has been requested and encouraged interested Commissioners to attend. (13) Mr. Darrel Behrent stated that the long range planning committee for the schools is recognizing the growth that will hit the high school in three to four years, when it is projected that 1700 students will be attending. He noted that no additional parking is being planned for the high school, which may impact surrounding neighborhoods. He then suggested the Commission may wish to consider creating a neighborhood parking district in that area, similar to the one being proposed near the University, before that additional student load is realized. 04-13-92 -22 - (14) Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, announced a seminar scheduled for Thursday, May 7, entitled "Trend 2000". She noted that City peole will be involved in this seminar, with topics such as housing, development, schools, education and transportation being discussed. She noted the seminar will include a light meal and should end around 9:00 p.m. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for permission to conduct 1992 Sweet Pea Run -Saturday. August 8 - beginning on Highland Boulevard, Holly Drive, Cherry Drive. Kagy Boulevard, South.11th Avenue. West Cleveland Street, South Willson Avenue, West Babcock Street, South Wallace Avenue, East Main Street to ending point at Lindley Park Request for permission to write off uncollectible accounts receivable for 1990 and 1991 ($1,264.00) and uncollectible water accounts ($460.82); authorize staff to place uncollectible sewer accounts ( $157 .44) on special assessments Claims It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the Consent Items as listed, 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 Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Adjournment -6:28 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. 04-13-92