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HomeMy WebLinkAbout1992-05-04MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 4, 1992 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 4, 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 27. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of April 27, 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. Introduction of new Sergeant Chief of Police Dick Boyer made a public statement regarding the recent personnel problems which have afflicted the Police Department. He noted that accountability is a key factor I in whether one is a good cop or a bad cop; and the best interests of the individuals as well as best interests of the community must be taken into consideration when problems arise. He then thanked the Commission for the support which they have given him and the City Manager in resolving the recent problems, noting that those matters are now behind them, and morale in the Department is "as high as it's ever been". The Chief then introduced Sergeant Kerry Bickle to the Commission, stated he was promoted to this rank effective May 1 . He stated that Sergeant Bickle has been with the Bozeman Police Department for fourteen years. He also noted that the Sergeant is a 1977 graduate of Montana State University, with a Bachelor of Science degree in social justice; and he has over 1,000 hours of formal training through the Montana Law Enforcement Academy. 05-04-92 .-2 - The Commissioners congratulated Sergeant Bickle on his recent promotion. Preliminary plat review -Bridger Peaks Estates, Phase Ill -Johnston Excavating -subdivide 8.137 acres into 8 single-family and 4 multi-family lots This was the time and place set for review of the preliminary plat for Bridger Peaks Estates, Phase Ill, as requested by Johnston Excavating under Application No. P-9205, to allow the subdivision of 8.137 acres into 8 single-family and 4 multi-family lots. Associate Planner Debbie Arkell presented th~ staff report. She reminded the Commission that the entire Bridger Peaks Estates Subdivision, which is located in the eastern portion of what was formerly known as the Valley Unit Subdivision, was approved in 1988, noting that this is the last phase. She stated that this preliminary plat does not change the number of lots being created; however, it does propose that Meagher Avenue end at Broadwater Street rather than extending to West Babcock Street. She stated that the Director of Public Service has indicated his support for this proposal, since Sheridan Avenue is proposed to be extended to West Babcock Street as a part of the Cascade Subdivision, which lies immediately to the east of the Bridger Peaks Estates Subdivision. She noted that Sheridan Avenue is proposed for completion in July 1992; however, if it is not completed before the final plat for this subdivision is filed, the developer must provide a graveled temporary access to Sheridan Avenue. Associate Planner Arkell then provided some background history on the development of this area. She stated that when the Valley Unit Subdivision was master planned, Ferguson Road, Fowler Lane and Yellowstone Avenue were the three streets which were to provide through access ' between West Babcock Street and Durston Road. She noted that much,of that subdivision was not developed under the master plan, which expired several years ago. She noted that when Bridger Peaks Estates Subdivision was submitted in 1988, the developer indicated he did not wish to extend Meagher Avenue from Broadwater Street to West Babcock Street; however, the Commission approved the subdivision with the connection of Meagher to West Babcock Street. They further provided that if he did not wish to install that section of the roadway, he would be required to come back before the Commission for reconsideration. Planner Arkell stated that the City-County Planning Board conducted its public hearing on this preliminary plat at their regular meeting held on April 21. She stated that, after conducting that hearing, the Planning Board voted to recommend approval, subject to eleven conditions. She 05-04-92 -3 - noted that on April 29, the staff received a petition, signed by 80 property owners in the Valley Unit and Bridger Peaks Estates Subdivisions, requesting that Meagher Avenue be extended to West Babcock Street; and that petition has been forwarded to the Commission along with the Planning Board's resolution. Responding to Mayor Swanson, Planner Arkell stated the main problem with long, straight streets, such as those found in the older portions of the community and some of the new parts, is that they become speedways, with no real good way to slow the traffic. She noted that Yellowstone Avenue does have some cross streets; and it might be possible to slow the traffic through installation of stop signs. She further noted that the newer designs and plans show curvilinear streets, which eliminate the "straight shots". Responding to Commissioner Frost, the Planner stated that Condition No. 1 provides that if an SID is not created for the widening of West Babcock Street, then the developer must bear the entire costs of that project. Commissioner Frost then expressed concern about the proposed condition requiring that sidewalks be installed by the third anniversary of the approval of the plat. He noted that if the development is not filled up within three years and the developer "goes under", then the sidewalks will not be installed unless the lots have been sold to individuals. He then asked how staff will track this item through its bookkeeping system. He also asked if it is possible to get a financial guarantee which will last for forty months, thus providing the City with the funding necessary to complete the work. Planner Arkell responded that the staff utilizes a tickler file to monitor the deadlines for conditions on various projects. She then stated that staff recommended that the sidewalks be installed at the time of street installation; however, the Planning Board followed the condition the last Commission action, which was on the Cascade Subdivision. City Manager Wysocki reminded the Commission that this is a 12-lot subdivision, which is substantially different from the 100 + lots involved in the Cascade Subdivision. He then noted that staff's recommendation has always been to require the immediate installation of sidewalks. He also reminded the Commission that even if sidewalks are not installed within the next three years, the City does have the ability to unilaterally order in those sidewalk improvements and provide a funding mechanism under which the property owners have five to seven years to pay those costs. 05-04-92 -4 - Responding to Commissioner Vincent, the Planner stated that in 1988, the developer objected to the extension of Meagher Avenue because of its negative impact on the four multi- family lots located between Broadwater and Babcock; however, the Commission approved the preliminary plat with that roadway. She then noted that this application was processed by a previous Planning staff, previous Planning Board and previous Commission. Responding to Commissioner Knapp, the Planner noted that the Planning Board did not receive the petition which the Commission has; and two or three property owners spoke in support of extending Meagher Avenue to West Babcock Street during the public hearing. She then indicated that a traffic study was completed when the Bridger Peaks Estates Subdivision was originally platted in 1988; however, she does not have that information in hand. Mr. Dennis Foreman, Gaston Engineering, representing the applicant, reiterated the applicant's disagreement with extending Meagher Avenue to West Babcock Street. He then suggested that if one residential street (Yellowstone Avenue) has a traffic problem, it should be addressed through improvement of collector and arterial streets rather than through an adjacent residential street. He suggested, therefore, that Ferguson Avenue be improved or that Fowler Road be constructed to address the issues which have been raised. He then stated support for the jog in Meagher, over to Sheridan Avenue, stating he feels that to utilize more such configurations could help to alleviate the traffic problems in residential areas. Mr. Foreman then stated the developer has a buy/sell agreement on two of the multi- family lots; and that individual proposes to install a clustered development with curvilinear roadways and staggered buildings. He stated that to require that Meagher Avenue be extended through to Babcock Street would severely limit this individual's options for development. He then stated that seven of the eight single-family lots have buy/sell agreements on them, which cannot be finalized until this plat has been acted upon. He further indicated that those individuals wish to build as quickly as possible. Mr. Mike Cole, 10 North Yellowstone, stated he attended the 1988 meeting at which Bridger Peaks Estates was established as a subdivision. He noted at that time, there was considerable public input about why Meagher should be a through street. He then stated the developers of Valley Unit Subdivision did not seem to understand traffic patterns, as demonstrated by the high volume and the speed of traffic on Yellowstone Avenue. He also noted the new subdivision to the east of this subdivision, which includes over 100 residential lots, which was just 05-04-92 -5 - recently approved. He stated that, taking into consideration the way the remainder of the old Valley Unit Subdivision has developed, he feels that the extension of Meagher is appropriate an d should be required. Ms. Marilyn Nydam, 202 North Yellowstone Avenue, stated her home is on the corner of Yellowstone and Cascade. She noted that corner is a bus stop; and she is concerned about the safety of children given the amount of traffic and the speed at which it moves. She noted there are no controlled intersections within the subdivision. She also noted that if the park is developed, the amount of traffic will increase, particularly if Meagher is not extended through to Babcock. Mr. Dave Baldwin, 2 North Yellowstone, indicated his home is at the corner of Yellowstone and Broadwater. He noted his support for Mr. Cole's comments, and requested that the Commission carefully consider the issues which have been raised. Responding to Commissioner Frost, the Planner indicated no streets, in addition to Ferguson, Yellowstone, Sheridan and Fowler, are presently planned to extend between West Babcock Street and Durston Road within the original Valley Unit Subdivision. Responding to Commissioner Frost, the City Manager indicated support for the proposed condition that sidewalks be installed within three years, on those lots which have not yet been developed. He noted that to require the installation of sidewalks at the same time as curb and gutter results in the need to tear out portions, i-f-flot-all ef that-s-idewatk-later due to ~RStaUation.oL s-idewat afle break-up of the sidewalks during construction. He further noted that the small number of lots and the potential for quick development of a majority of the lots make this condition even more acceptable. Commissioner Frost noted that a grid street system tends to attract traffic; and that is a particularly difficult issue for residential areas to deal with. He then stated that to extend Meagher Avenue to West Babcock Street will only compound the problem in this portion of the community. He suggested that stop signs be installed along Yellowstone Avenue to mitigate the traffic problems along that roadway. Commissioner Stiff noted the major traffic concerns in the community, stating he feels that Meagher Avenue should be extended to West Babcock Street, rather than counting on a not- yet-constructed street to carry the traffic. Commissioner Vincent noted that this subdivision was originally platted with Meagher Avenue extending to West Babcock Street. He then stated that, while he feels it is important to 05-04-92 -6 - maintain some flexibility, he does not feel it is appropriate for a developer to keep coming back to the Commission with revised plats, to see if they can get specific provisions changed by a new Commission. He further noted the Commission has received a strong statement of opposition from the neighborhood regarding the proposed change; and he feels the Commission should show its sensitivity to that input. Commissioner Knapp noted the traffic problems which currently exist within that subdivision. She suggested that round-abouts, which have been discussed on various occasions over the past two years, might help to slow traffic in this subdivision, and discourage through traffic on residential streets. Mayor Swanson stated his support for the staff's recommendation, noting he does not wish to create another speedway in that area. He also noted support for Commissioner Knapp's suggestion that round-abouts might alleviate some of the problems on existing streets. Commissioner Frost noted that once Fowler Road is installed and Ferguson Road is improved, Cascade and Broadwater could become well-used east/west roadways, suggesting that now is the time to begin addressing that issue. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission deny the preliminary plat for Bridger Peaks Estates, Phase Ill, as submitted by Johnston Excavating under Application No. P-9205, to allow the subdivision of 8.137 acres into 8 single-family and 4 multi-family lots. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent and Commissioner Knapp; those voting No being Commissioner Frost and Mayor Swanson. Preliminary plat review -West Star Subdivision. Phase I and II -Michael Delaney -subdivide Tract A. COS No. 1510. into multi-family residential and neighborhood commercial lots This was the time and place set for review of the preliminary plat for West Star Subdivision, Phases I and II, as requested by Michael Delaney, under Application No. P-9208, to allow the subdivision of Tract A, Certificate of Survey No. 1510, into 30 multi-family lots and 12 neighborhood commercial lots. The subject site is a portion of the former Valley Unit Subdivision and is generally located between West Babcock Street and Fallon Street, just west of the present development in that subdivision. Associate Planner Kevin Wall presented the staff report. He stated that this subdivision 05-04-92 -7 - is proposed to develop in two phases, with those parcels fronting on Fallon Street, Ferguson Avenue and West Babcock Street being developed in the first phase, and the remaining lots being developed in the second phase. He noted the proposal includes the installation of improvements for Phase I in the Summer 1992 and the improvements for Phase II in 1993. The Planner stated that the Planning Board conducted its public hearing on this application at its meeting of April 21 . He noted that at that meeting, the Board considered the public interest criteria and found it to be acceptable. He stated that the Board then recommended approval of the preliminary plat, subject to sixteen conditions. Planner Wall noted that one concern raised during the public hearing was that the soils are basically not suited for subdivision purposes. He suggested that, while that is a valid issue, staff feels that with appropriate development methods and construction techniques, those items can be adequately addressed. He also suggested that the final plat include a note regarding the high groundwater and reference to the soils so people are on notice that a potential problem may arise. Respondil"!g to Commissioner Frost, Planner Wall stated that staff suggested that sidewalks be installed as a part of the initial infrastructure; however, the Planning Board modified that condition to require the installation of sidewalks at the time of development or within three years of preliminary plat approval. Further responding to Commissioner Frost, the City Manager stated that before the final plat can be filed, all property taxes and special assessments must be brought current. Commissioner Frost stated that he supports the staff recommendation that sidewalks be installed immediately; however, he noted that if the Planning Board's recommendation is followed, he feels that some type of bonding requirement should be attached. Mayor Swanson expressed his concerns about Condition No. 1, as recommended by staff. He noted that to require the immediate installation of sidewalks could result in a fair amount of wasted time and money as well as materials. He then expressed his interest in ensuring, however, that sidewalks are installed at the appropriate time. The City Manager noted the City does have the authority to unilaterally order in sidewalks; however, he cautioned the Commissioners that does not mean that the assessment payments will be made. Commissioner Frost asked about the possibility of requiring a financial guarantee, valid for 05-04-92 -8 - forty months, to ensure that sidewalks will be installed at the appropriate time. Commissioner Knapp stated she does not feel it is appropriate to require the immediate installation of sidewalks, realizing that much of will have to be torn out later. She did note that she does feel it is appropriate to require a financial guarantee to ensure that they are installed in three years. Commissioner Vincent stated concurrence with Commissioner Frost and Commissioner Knapp. Responding to Commissioner Stiff, the City Manager indicated that the installation of the sidewalk will be the responsibility of the property owner at the time the sidewalks are required. He then suggested that the developer be required to post a certificate of deposit, in the name of the City and the developer, as the financial guarantee that the sidewalks will be installed. Mr. Rick Kerin, engineer representing the applicant, stated that this preliminary plat provides for essentially the same lots and roadways as were originally platted under the phased Valley Unit Subdivision. He then noted there is an existing sanitary sewer line in Granite Street that was installed as a part of the Valley Unit, Phase I, improvements; and those improvements included stubs which extend five feet from the trunk line. He noted that this subject property was platted under the original Valley Unit Subdivision; however, the approval of the preliminary plat expired without the final plat being filed. He noted that under Condition No. 3, the sanitary sewer for the entire subdivision is to be installed with the Phase I improvements. He then requested that the developer not be required to install that portion for Phase II until later, because it will not be activated until Phase II is developed. Mr. Kerin then suggested that the City require the developer to sign a waiver of protest to the creation of a district for installation of sidewalks, rather than requiring a financial guarantee. Responding to Commissioner Knapp, Mr. Kerin stated the developer will provide easements for the existing water and sewer lines. He noted that at the present time, there are no easements for those lines because the final plats for the later phases of Valley Unit Subdivision were never filed. Responding to Commissioner Frost, Mr. Kerin stated that when the Valley Unit Subdivision was originally platted, it included a 40-foot-wide easement for a frontage road from Ravalli Street to Fallon Street, to provide limited access to Ferguson Avenue. He stated that under this plat, that frontage road has been eliminated, with that section now being included in the individual lots. He 05-04-92 -9 - noted that a sanitary sewer line has been installed within that original street easement; and the developer will provide a 30.:.foot easement for that sewer line. He noted the remainder of the water and sewer lines lie within previously platted and currently platted streets. Mr. Kerin then indicated that the street rights-of-way are 60 feet, ~xcept for Ferguson Road, which has a 90-foot right-of-way. City Manager Wysocki asked the Commissioners if they desire to add a clause to the conditions, requiring a 40-month financial guarantee to ensure the installation of sidewalks; no Commissioner expressed opposition to that addition. The City Manager then requested an opportunity for staff to check on the utility easements prior to the Commission making a decision. He then noted that those lines .should be shown on the site plan. He also reminded the Commission of the City's SID policy, as set forth in Commission Resolution No. 2712, and indicated an interest in reviewing those provisions prior to a Commission decision. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the decision be deferred for a period of two weeks, to allow staff an opportunity to research the issues which have been raised. 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. Staff report re setting of time, date, place and fair market value for auction sale of Valley Unit lots City Manager Wysocki submitted to the Commission a memo from Administrative Services Director Gamradt dated April 30, 1992. Administrative Services Director Miral Gamradt stated that the City is anticipating that the quit claim deeds for these lots will be forthcoming in a timely manner. He then noted that this sale is to occur as all other past auction sales have. Responding to Commissioner Stiff, the Director stated that the "A" and "B" portions of each lot have been listed separately for setting the fair market value. He noted that in the event the Montana Department of Transportation determines that it wishes to bid for those 80-foot-wide lots which exist along the highway, those lots can be sold separately. He noted, however, that if the Department of Transportation does not take advantage of this opportunity, then the "A" and "B" portions of the lots will be combined and sold as one. 05-04-92 -10 - It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission establish the fair market values for lots to be sold at public auction, tentatively set for 1 :00 p.m. on Tuesday, June 9, 1992, at the GranTree Inn, as follows: Lot 3A 38 4A 48 5A 58 6A 68 Block 1 1 1 1 1 1 1 1 Fair Market Value $149,419 50,987 127,148 19,190 127,452 19,190 256,271 37,900 and that the terms of the sale be set forth as follows: 20 percent of the purchase price as the down payment; that the balance be carried by the City for a five-year period at an interest rate of 7 percent, unless the buyer builds within one year from the date of sale, in which case the rate will be reduced to 5 percent, retroactive to the date of sale; with semi-annual payments; and that Mandeville Auction Service and Security Title Company be retained for said sale provided the fees can be satisfactorily negotiated. 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. Discussion -Commission Resolution No. 2858 -setting garbage rates for FY93 City Manager Wysocki presented Commission Resolution No. 2858, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2858 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING TAG SYSTEM FEES AND OTHER SPECIAL FEES FOR DEFRA YING THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Director of Public Service Forbes briefly reviewed the contents of his memo, dated May 1, 1992, noting that he has listed the garbage services which the Commission has determined should be retained or added, along with the cost and which budget unit is affected. He then stated that a projection of revenues and expenditures for these services for the next fiscal year reveals that they are within three percent of this year's. He suggested, therefore, that the base rate and tag fees remain the same as last year's. He noted that this resolution is based on that suggestion, 05-04-92 -11 - with a revision to the optional flat fees for dumpster accounts, as previously discussed with the Commission, and the addition of a flat fee for those accounts utilizing garbage cans where non- compliance with the tag system is a problem. Responding to Mayor Swanson, the Director stated that he has included a minimal household hazardous waste collection as a part of the program for the upcoming year. He stated that, based on the excerpt from the McOuillin Municipal Law Report, he feels it is important that the City have such a program in place. Responding to Commissioner Knapp, the Director stated that both the garbage collection and landfill operations are under the same enterprise fund. Responding to Commissioner Vincent, the Director stated that those services listed each received three or more Commissioner votes during prioritization of the possible services to be continued or added. He noted that a free dump day will no longer be provided under this scenario; however, he noted that staff will be providing recommendations on a replacement program for that day. Responding to Commissioner Stiff, the Director stated that the amount projected for support of recycling efforts during the next fiscal year is set at $2,400, which exceeds the $1,000 which was budgeted for this fiscal year. Responding to Commissioner Frost, the Director stated that landfill fees for items such as composting and white goods must be considered as a separate issue, since they are set under a different resolution. Commissioner Frost noted this memo reveals that the City is doing much more than just picking up the garbage once a week at the current rates. He then asked how the City can make people aware of those additional services, stating he feels it is important that they know. The Director responded that if another City newsletter is prepared, this issue could be addressed. He also suggested the possibility of creating another informational brochure, which could be distributed throughout the community. Responding to Mayor Swanson, the Director stated the City continues to lose garbage collection accounts at a slow, but steady, pace. He stated that, hopefully, with the new dumpster fee schedule, the City will be able to attract some larger customers after the beginning of the fiscal year. Responding to Commissioner Stiff, the Director indicated that the City will continue to 05-04-92 -12 - pick up bulky items, provided an appropriate number of tags are affixed. Commissioner Knapp stated her interest in reviewing the landfill fees, particularly for compost materials. Mr. Bob Fagliano, Three Rivers Disposal, stated it does not appear that the City has addressed the potential need for a rate increase at the landfill for the upcoming fiscal year. He noted that his company needs to know if an increase is anticipated in Fiscal Year 1993, is it can set its collection rates accordingly. He then noted the Sub-Title D regulations, which could substantially increase the costs of landfill operation in the next year. Mr. Fagliano then noted the differential between the assessments and costs to single- family residential units and those utilizing dumpsters. He suggested that under the proposed schedule, a single-family residence will pay $3. 75 per week, while an apartment dweller will pay about 28 cents, based on a $20 per ton landfill fee. He noted this is a heavily subsidized imbalance that should be reviewed. The City Manager asked Mr. Fagliano for a copy of his calculations. He then noted that staff acted on the Commission's direction when preparing this resolution setting the collection rates for next fiscal year. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission provisionally adopt Commission Resolution No. 2858, setting the garbage rates for Fiscal Year 1992-93, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Request for permission to address Commission re recycling drop-off -Shannon Walden City Manager Wysocki stated that Shannon Walden, representative of the Bozeman Community Recycling Coalition, has requested an opportunity to address the Commission regarding the recycling drop-off which was held on April 25. Ms. Shannon Walden reviewed the amounts of recyclables collected, including newspaper, glass, cardboard, aluminum, steel, and plastics. She noted that approximately 100 gallons of paint were collected for the paint swap as well. Ms. Walden noted the volumes of recyclables collected were extremely high; and those 05-04-92 -13 - volunteers who participated were very tired when the day was over. She noted this strongly indicates the need for a curbside recycling program, rather than just monthly drop-offs. She stated that the Recycling Coalition would be willing to assist the City in developing a grant proposal for monies to implement a curbside recycling program, and possibly another grant proposal for the development of a household hazardous waste collection program. Ms. Walden noted that the Coalition collected over 70,000 pounds of recyclables on Saturday, April 25; and over 900,000 pounds were dumped at the landfill since it was free dump day. She suggested that providing as much recycling opportunity at the landfill as possible is desirable. She noted that the landfill and recycling seem to be discussed and considered separately; however, she noted the two are very closely tied together. Responding to Mayor Swanson, Ms. Walden noted that the fact that the Coalition had not held a drop-off for four months could explain some of the deluge of recycables. She noted, however, that even if the level of activity drops substantially over the next few monthly drop-offs, the load is still extremely heavy for a volunteer organization to handle. She also noted that, while the Coalition recognizes the City's budget crunch, they would like to have an opportunity to expend its energies on something other than recycling, such as source reduction programs. Responding to Commissioner Vincent, Ms. Walden stated that Jim Hassler, owner of Recycle It, plans to install bins for 24-hour recyclable drop-off; and he plans to expand his program to include more products. She suggested that people should be encouraged to utilize the expanded opportunities at the established recycling facilities. The Commissioners stated appreciation for the work which the Coalition has done to date. Commission discussion re sidewalks on cul-de-sac streets (Spring Creek. Morrow. Cutting) in Figgins Addition City Manager Wysocki noted that, included in the Commissioners' packets was a memo from City Attorney Paul Luwe, dated May 1, 1992. He then submitted to the Commission a letter from Michael J. Burgard, 3017 Secor Avenue, dated May 4. Commissioner Frost noted that Mr. Burgard raises some good points in his letter, particularly those pertaining to safety. He noted, however, that these streets were platted without adequate right-of-way for the installation of sidewalks; and he concurs with the City Attorney's recommendation that sidewalks not be required along the specified cul-de-sac streets because of 05-04-92 -14 - that fact. Mr. Don McBride, 412 Cutting, stated the residents in that area are also concerned about safety. He noted, however, that with existing improvements and landscaping in place, it would be extremely difficult, if not impossible, for the City to acquire easements for the installation of sidewalks along those cul-de-sac streets. He further noted that with the fences and buildings constructed at the ends of these cul-de-sac streets, there is no way that one can cut from one street to another. He stated that means the amount of pedestrian traffic utilizing these streets is substantially lower than along other streets within the Figgins Subdivision. Mr. Doug Willems, 2604 Langohr, stated that either the residents along these three cul- de-sac streets should be required to install sidewalks, or they should be required to assist financially with the construction of sidewalks along other streets within the subdivision. Responding to Commissioner Frost, the City Manager noted the Commission has the right ·to order in sidewalks in front of one's home; however, it does not have the power to order that someone else on another street participate in those costs. He then stated that this type of funding mechanism must be initiated by the neighbhorhood. Commissioner Frost stated this is a clear example of poor planning, noting that care must be taken in the future to ensure adequate right-of-way is provided; Commissioner Vincent seconded that comment. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission not require the installation of sidewalks along the cul-de-sac streets of Cutting, Morrow and Spring Creek, located in the Figgins Addition, due to the lack of adequate right-of-way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ordinance No. 1345 -enabling legislation for creation of neighborhood parking districts City Manager Wysocki presented Ordinance No. 1345, as approved by the City Attorney, entitled: ORDINANCE NO. 1345 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 10.32.350 AND 10.32.360 AND 05-04-92 -15 - RENUMBERING THESE SECTIONS AS 10.32.400 AND 10.32.410, RESPECTIVELY, AND BY ADDING SECTIONS 10.32.350 THROUGH 10.32.390, INCLUSIVE, PERTAINING TO STOPPING, STANDING AND PARKING VEHICLES, THEREBY CREATING A PROCEDURE FOR THE ESTABLISHMENT OF A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM. Assistant to the City Manager Ron Brey reviewed the contents of his memo of April 30, which was included in the Commissioners' packets. He briefly reviewed that memo, reminding the Commission that this ordinance provides the enabling legislation for the creation of specific neighborhood parking districts as requested in the future. The Assistant then carefully reviewed the various sections of the ordinance, highlighting the revisions which were incorporated between last week's draft of the ordinance and the ordinance which is now before the Commission for provisional adoption. He noted this ordinance provides for a minimum $10 fine and maximum $300 fine, suggesting that for repeat offenders, the fine should increase on a per-time basis. He then compared that fine with the $2 fine for overtime parking, the $5 fine for parking on the wrong side and out-'of-stall citations, and the $15 fine for parking in fire lanes, close to fire hydrants and within 20 feet of a corner. Assistant Brey highlighted some of the comments he has received from the public to date. He noted one individual forwarded strong support for the proposed district. He noted another individual suggested that the City find a way to implement a district, with permits, but without a permit expense to the residents in the district. He noted the problem with this is that the program costs money; and it must be funded in some manner. He then noted another suggestion was that the fine be set at $40, to encourage students and faculty at MSU to purchase the on-campus parking stickers rather than parking within the district. Mr. Bill Rose, Facilities Services Director at MSU, stated support for this ordinance enabling the creation of neighborhood parking districts. He emphasized the importance of the City's establishing of this program, to complement the expansion of on-campus parking opportunities. He noted that MSU has spent a considerable amount of money in developing new parking areas; and they need the City's cooperation through the creation of the district, and then enforcement of the provisions of the district. Mr. Brad Stratton, 915 South Third Avenue, expressed concern that it seems the neighbors are being asked to help solve MSU's problems. He noted that the ticket system is inconvenient and cumbersome; and he is concerned that the parking problems will only expand 05-04-92 -16 - further from the campus if a district is created. Mr. Dal Burkhalter, 1429 South Fifth Avenue, stated he is coordinating the petition drive for a neighborhood parking district near the University. He then stated his support for adoption of this ordinance. Mrs. Ginny Stratton, 915 South Third Avenue, characterized a ticket system in a family of teenagers as ridiculous. She also expressed concern about the potential need to hand out and collect guest tickets when holding a bridge party or other social activity. She then indicated that this system does not seem fair or appropriate for residents in a specific area. Mr. Bill Rose reviewed the history of this subject, noting that the City was originally approached by residents of the area around the north and east sides of campus, who expressed concern about their inability to park on the street because of MSU faculty, staff and students parking there. He noted that the City then approached MSU about the problem; and the two entities have been working together in an attempt to address the issue. He noted the importance of the City's proceeding with the adoption of this ordinance, so that a neighborhood parking district can then be considered near the campus, to complete the process which was undertaken two years ago. Mr. Brad Stratton stated he feels there must be an alternative approach to the issue, rather than assessing the property owners through a tag system. Assistant to the CitY Manager Brey reminded the Commission that special events are exempt from the provisions of the tag system, provided the enforcement agency is made aware of the event before it occurs. He then noted the enforcement within such a district must be on a regular basis, rather than haphazardly on a complaint basis, to be successful and provide the desired results. He indicated that staff will continue to pursue possible options for operation of the districts, in an effort to find the easiest and best way to operate them. Responding to Commissioner Knapp, the Assistant stated this program has been very carefully modeled after the neighborhood parking district in Missoula, which is located adjacent to the University of Montana campus. He then noted that the neighborhood around MSU has also been in contact with people from Missoula; and many of the residents are very enthusiastic about such a district near the MSU campus. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1345, providing for the creation of residential 05-04-92 -17 - parking districts, and that it be brought back in two weeks for a public hearing and possibly final adoption. 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. Recess -5:55 p.m. Mayor Swanson declared a recess at 5:55 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing and completing the routine business items. Reconvene -7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing and completing the routine business items. Public hearing -improvements to South Third Avenue during the Summer 1992 This was the time and place set for the public hearing on possible options for improvements to South Third Avenue between Kagy Boulevard and Graf Street during the Summer 1992. Mayor Swanson opened the public hearing, after which he reviewed the procedure for conducting the hearing. Director of Public Service Phill Forbes presented the staff report. He provided a brief history of the plans to improve this roadway, noting that since 1986, discussions and planning have revolved around the idea of installing a pedestrian walkway or sidewalk only, to relieve the pedestrian/bicycle/vehicular conflicts which currently ex:ist on this narrow street. He noted that when the affected property owners were recently contacted about this proposal, the response was swift and negative. He noted there was a perceived lack of safety for pedestrians; and t he consensus was that full improvements are the proper approach. He noted that, while he does not disagree, there is not time to create the funding mechanism and install those improvements before the Morning Star elementary school opens this fall. He further noted that, until the transportation plan has been finalized, he cannot support installation of full improvements. The Director then reviewed the two options which are under discussion in this public hearing. He noted that Option No. 1 does not involve any major changes to the roadway , but 05-04-92 -18 - would require striping and signage for three crosswalks, posting of crossing guards at those locations, and construction of approximately 1200 feet of graveled walkways to ensure children's safety. He stated it is estimated this would cost approximately $16,360. He then addressed Option No. 2, which is for milling the extreme crown from the currently 27-foot-wide roadway and expanding the pavement width to 40 feet, without curb and gutter or extensive storm drainage improvements. He noted that this would provide for two 14-foot-wide driving lanes with striped 6-foot-wide lanes for bicyclists and pedestrians on each side, without any physical divider between the lanes. He stated that the estimated cost of this option is $162,000 to $250,000, depending on how far down the existing surface is milled and whether the entire roadway is lowered. He then recommended that funding for either option be from a combination of Street Maintenance District monies, Gas Tax funds and the General Fund. The Director stated that the improvements to the "T" intersection at South Third Avenue/Wagon Wheel Road/Graf Street are scheduled to be completed this fiscal year; and the extension of Kagy Boulevard from South 11th Avenue to South 19th Avenue is scheduled for this summer, provided the Montana Department of Transportation acquires the remainder of the right- of-way in time. He then noted that if the Commission chooses Option No. 2, it will use the available funds for street projects this year, thus delaying those which had originally been planned for this year by one year. Responding to Commissioner Frost, the Director stated he did not estimate the costs of improving the roadway to a 30 or 32-foot width; however, he indicated a willingness to do so if directed by the Commission. Responding to Commissioner Stiff, the Director suggested that if Option No. 1 were selected with the understanding that full improvements will be made to the roadway immediately upon getting the funding in place, it could take two years or so to complete those improvements. Commissioner Knapp noted the Commission has spent a considerable amount of time in the past two years establishing a schedule for street repair and maintenance. She noted that to select Option No. 2 would result in delaying that entire schedule by a year. She then asked what percentage of the monies expended each year are for emergencies which arise; the Director responded no more than 20 percent. At the Mayor's request, the Director reviewed where the graveled walkways would be installed under Option No. 1. He noted that these walkways would be strategically located to 05-04-92 -19 - ensure the safe movement of children from specific areas to crosswalks on South Third Avenue and Graf Street. He stated that two of those crossings are from the subdivisions along the east side of South Third Avenue to the Figgins Addition; and one is from the Westfield Subdivision to Figgins Subdivision. Responding to the Mayor, the Director stated that the latest figure he received from the School District is that 40 elementary children live on the east side of South Third Avenue. Ms. Nora Esty, 511 Henderson, stated something has to be done with South Third Avenue because of the hazards which children incur when they try to ride their bicycles or walk along the street. She stated that, as an older child than those who will be attending t he elementary school, she is concerned about her safety and those of the children who will be attempting to cross the street to the school. Ms. Jane Stroup, 9 Arnold Street, submitted to the Commission her letter of testimony, dated May 4, in which she indicated support for the installation of sidewalks along South Third Avenue. The letter also indicated that Option No. 1 does not go far enough; and Option No. 2, with sidewalks added, funded through generalized revenues, would be acceptable. Mrs. Shirley Sedivy, 2205 Highland Court, stated she is not in support of widening of the roadway, as proposed in Option No. 2; and she is definitely opposed to a gravel walkway , as proposed in Option No. 1, because they would not be accessible to all. She noted that t he bicycle/pedestrian lanes which have been added to Lincoln Street are not used when they are filled with snow or are muddy, rather, people use the street. She stated that if the City chooses to utilize Option No. 1, she will lean on the Americans with Disabilities Act to ensure that those walkways are accessible to all. Mr. Steve Johnson, Assistant Superintendent for Business and Operations for School District No. 7, submitted a letter, dated May 4. He then read that letter into the record, noting he is a resident along the west side of South Third Avenue. He noted that, both as a resident and in his professional capacity, he supports Option No. 2. He noted that the addition of 400 elementary school students to an already heavily-traveled street will only compound the problems that currently exist. He stated that, while the School District could provide bus transportation, there is no guarantee that the children would use it, or use it properly. Mr. Johnson stated he does not support the implementation of Option No. 1; however, he requested that if it is chosen, a walkway be installed on the east side of South Third Avenue 05-04-92 -20 - from Henderson Street to Graf Street. Mr. Steve Johnson then stated that between Kagy Boulevard and Graf Street, there are 40 students in K through 5 that presently live on the east side of South Third Avenue. He then indicated there are 41 students who reside south of Graf Street, in the Wagon Wheel Road area, who would walk to school. In response to a question, he indicated that Kagy Boulevard is the north line of the boundaries for Morning Star school. Mr. Pete Lineberger, 221 Westridge Drive, stated support for Option No. 1. He noted that it will not address the problem really well immediately; however, it will result in a permanent solution which is acceptable to the residents of the area within the next two or three years. He noted that in the short term, Option No. 2 would provide a more acceptable solution; however, he expressed concern that not all of the improvements, such as sidewalks, would be installed for many years, if ever. He acknowledged it may take some time to develop an equitable funding mechansim for the ideal improvement of South Third Avenue; however, he stated he feels that is the best way to proceed. Ms. Jan Berry, 509 Cutting, suggested a third option, which would be a combination of Option Nos. 1 and 2. She proposed that the City work with the School District to reach an agreement to provide crossing guards for three crosswalks, and that the City widen the roadway to 40 feet and reduce the crown in the street, paint crosswalks, and enforce the 25-mile-per-hour speed limit. She suggested that this would resolve the immediate problems, noting that, realistically, it will be three years or so before a funding mechanism for full improvements can be developed and the project actually begun. Mr. Steve Custer, 511 Spring Creek Drive, submitted to the Commission a letter from Mr. David Lageson, 2916 Westridge Drive, indicating his support for Option No. 1. Mr. Custer indicated he is also in favor of Option No. 1. He expressed concern that to spend $200,000 now, only to tear it out later, is not a good use of taxpayers' money; therefore, he is not in favor of Option No. 2. He also noted that, while the concept may be good, when there is black ice on the road, cars slip and slide; and the risk to pedestrians would be extremely high. Mr. Nathaniel Kutzman, 2717 Langohr, stated that pedestrians, joggers, runners and bicyclists ignore the stripe on Lincoln Street. He then questioned how children from Hill Street would gain access to the new school, since no gravel walkways are proposed in that area. He also asked how many of the children in that area will be attending the magnet school. He then strongly 05-04-92 -21 - urged the Commission to pursue mechanisms through which residents to the south of the city limits would pay their proportionate costs of improving this roadway. Ms. Jan Davis, 511 Fieldstone, stated concern that Option No. 1 provides a crossing of Graf Street, midway between the curve and the stop sign. She noted that vehicles tend to drive quite rapidly through that area; and the crossing could prove detrimental to the children. Ms. Marty Weaver, 2308 South Third Avenue, asked how the gravel pathways will be plowed in winter, expressing concern that they will be impassable in the winter. She then indicated support for putting sidewalks in rather than pathways. Ms. Marti Elder, 2611 Westridge, asked how the widening of the roadway is to be accomplished, and where, and whether the gravel shoulders are to be the same width on both sides. She then indicated she is somewhat in favor of Option No. 2 because her biggest concern is that once something is done to the roadway, it will be a long time before any additional improvements are made. She then questioned how this matter can be kept alive if it is anticipated that it will take three years to get the funding to complete the entire project. She then stated she has two small children who must cross or use South Third Avenue; and that is an unsafe roadway. Mrs. Nigeria Esty, 511 Henderson, asked how children from Kagy Boulevard to Westridge Drive can safely gain access to the school, since no gravel walkways have been proposed for that area. The Director of Public Service responded it may be necessary to include a gravel pathway which will provide safe access for the children. He noted the costs of that additional pathway will be in addition to the cost estimate he submitted during his initial report. He then noted that the right-of-way along the northern portion of this section of South Third Avenue is quite narrow; and if it is determined that sidewalks are needed, the City must acquire additional right-of-way from the adjacent properties, some of which lie outside the city limits. In response to comments forwarded, the Director stated the only notice of this hearing prepared by the City was a published notice in the newspaper. He noted, however, that someone had utilized that notice as the basis for printing flyers which were distributed to city residents in the immediate area. The Director then noted that the existing roadway is 27 feet wide, with a severe crown; and it is not located in the center of the right-of-way. He noted, instead that it is located along the east side; and with widening, it must be recentered toward Figgins Addition. He then reviewed the 05-04-92 -22 - two options available for the widening, highlighting the strengths and weaknesses of both options. Responding to Ms. Marty Weaver, the Director stated that a majority of the improvements that would be installed under Option No. 2 would be permanent. He noted that full development of this street is anticipated to include a 42-foot asphalt mat, curb and gutter, sidewalks and storm drainage. He noted that the improvements installed now should essentially remain intact for the completion of such a street, with the remaining improvements complementing those made now. He noted the storm drainage can be placed under the sidewalk; and additional fill will be required to accommodate the installation of sidewalks. The Director then noted that gravel walkways can be plowed, although not necessarily as cleanly as concrete sidewalks. He stated, however, that it will remain passable throughout the winter, noting they must be wide enough to accommodate the City's Jeeps with snowplows. - Commissioner Knapp stated that the safety of the children is the real concern that must be addressed. She then noted children's tendencies to dart into the street, asking if a fence was feasible along the east side of the roadway, with openings at the crosswalks. Responding to Commissioner Frost, Director of Public Service Forbes indicated that if an SID or an SID/RID is to be implemented for improvement of the roadway, the proponents of the project will do some of the preparatory work, such as identifying properties to be included. He noted that in this instance, some of the work has been done. He then stated that, until the cross section has been established and the right-of-way needs determined, it is difficult to develop good cost estimates. Commissioner Frost noted that if the Commission selects Option No. 1 and then gives itself two years to get the work done for creation of a special improvement district, and the district is protested out, then the City will be addressing this same issue again at that time. The Director noted that if this option is selected, staff will try to do mailings to the property owners and hold informal hearings to discuss the issues involved. He then noted that some of those individuals who become actively involved in these meetings and are supportive of the creation of a special improvement district could then assist the City in disseminating information to residents who would be involved in such a district, so that they have accurate information on . which to base their decisions and opinions. Commissioner Frost noted the projects which had originally been scheduled for completion this summer seem to be fairly important; and to delay them for a year is "somewhat disconcerting". 05-04-92 -23 - He then asked how much the construction of a narrower street would lower the projected costs under Option No. 2. The Director responded that narrowing of the proposed 42-foot-wide street would reduce the amount of fill, gravel and paving needed; however, he noted that given the work involved in upgrading of the roadway, those savings may be less than one would anticipate. He then noted there is presently no parking on the road, suggesting it may be the type of roadway along which parking should be prohibited, even after widening. Responding to Commissioner Frost, the Director indicated that the City must establish the final design for the project, then determine how much right-of-way is needed for construction of the project. He then noted the City can negotiate with the private property owners for acquisition of the needed right-of-way. He noted that if those negotiations are not successful, the City can proceed with condemnation. Responding to Mayor Swanson, the Director stated that the Police Department has done studies of the typical speeds at which traffic moves along South Third Avenue. He noted that, while he does not have the exact numbers at his finger tips, he does recall that the studies reveal that traffic typically moves in excess of the posted 25 mile-per-hour speed limit. Further responding to the Mayor, the Director suggested that if Option No. 2 is utilized, the City may wish to approach the County Commission and Road Office to see if they will assist in purchasing, or possibly purchasing and hauling, gravel for the road construction since a large portion of the users are located in the county. Commissioner Stiff noted that to make Option No. 1 work, the City must move quickly to create a special improvement district and install the permanent improvements to ensure the safety of the community's young people. City Manager Wysocki read into the record letters received from Stephan G. and Susan E. Custer, 511 West Spring Creek Drive, dated April 26; Michael J. Halat, 2906 Langohr Avenue, dated May 1; Michael J. Burgard, 3017 Secor Avenue, dated May 4; Karl-Norbert Klotz, 411 West Arnold Street, dated April 30, 1992; and Jack W. and Beverly F. Tweedale, 204 Westridge Drive, dated May 4. The City Manager then raised a question about how much it would cost to pave the pathways under Option No. 1. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public 05-04-92 -24 - hearing be continued to 3:30 p.m. on Monday, May 11, to allow the Commission an opportunity to review the written testimony which has been received during this meeting as well as the verbal testimony presented. 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. Mayor Swanson continued the public hearing to 3:30 p.m. on Monday, May 11, 1992. Break -8:20 tO 8:30 p.m. Mayor Swanson declared a break from 8:20 p.m. to 8:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1346 -zone map change -R-3 to R-0 -Lots 2. 3. 4 and 5. Block 1. Kirk's Subdivision No. 1 (105. 109. 113 and 117 South 19th Avenue) City Manager Wysocki presented Ordinance No. 1346, as approved by the City Attorney, entitled: ORDINANCE NO. 1346 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "R-3" (RESIDENTIAL--MEDIUM-DENSITY) DISTRICT TO AN "R-0" (RESIDENTIAL--OFFICE) DISTRICT ON PROPERTY IDENTIFIED AS BEING LOTS 2, 3, 4 AND 5, BLOCK 1, KIRK'S SUBDIVISION NO. 1 LOCATED IN THE CITY OF BOZEMAN, AND MORE COMMONLY KNOWN AS 105, 109, 113 AND 117 SOUTH 19TH AVENUE. The City Manager reminded the Commission that they had conducted their public hearing and approved this zone map change at their regular meeting of April 20, 1992. He noted that this is the ordinance which enacts the zone map change; and recommended that it be finally adopted at this time. Commissioner Vincent stated that, since Mr. Hardin is a member of the School Board and due to his position as a teacher, he will abstain from voting. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission provisio·nally adopt Ordinance No. 1346, amending the zoning from "R-3" to "R-0" on Lots 2, 3, 4 and 5, Block 1, Kirk's Subdivision No. 1, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No being 05-04-92 -25 - Commissioner Frost. Commissioner Vincent abstained. Commission Resolution No. 2857 -adopting amended rules of procedure City Manager Wysocki requested that this item be withdrawn from the agenda, and rescheduled for a later date. Commissioner Stiff stated he has more concerns about the amended rules of procedure than he did before; therefore, he supports withdrawing this item at this time. Commissioner Knapp stated that she had requested that this item be withdrawn, after reviewing the minutes from the meeting of April 20 and noting that not all of the items discussed at that meeting had been included in the revised rules of procedure. She stated that she had discussed this issue with City Attorney Luwe this morning, indicating an interest in working with staff to revise the document so that it accurately reflects the Commission's previous discussion. She also noted that portions of it are rather unclearly written, indicating a desire to make those sections more understandable before adoption. The Commission agreed that Commissioner Knapp work with staff to further revise the rules of procedure, for Commission consideration at a future meeting. Discussion -FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1) Minutes for the Bozeman Area Bicycle Adivisory Board meeting held on April 14, 1992. (2) Memo from Street/Sanitation Superintendent Roger Sicz, dated April 29, regarding "Free Dump Day" at the landfill. The City Manager then suggested that possible revision of the free dump day format be placed on the agenda within the next month for discussion. (3) Agenda for the May 5 County Commission meeting, along with daily minutes for the weeks of April 13 and April 20, 1992. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 5, at the Carnegie Building. (5) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on 05-04-92 -26 - Tuesday, May 5, at the Carnegie Building. (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 5, in the Commission Room at City Hall. (7) Notice of the special meeting for goal setting, scheduled for 7:00 p.m. on . Wednesday, May 6. The Commissioners each signed the notice. (8) The City Manager submitted his weekly report, as follows. ( 1) Reminded the Commissioners of the meeting scheduled for 7:30 p.m. tomorrow at SUB Ballroom D regarding the directive from the Board of Regents. He suggested the Commissioners appoint a sub-committee to meet with him to prepare a letter for that meeting; Mayor Swanson and Commissioner Knapp were appointed. (2) Announced that he swore in two new police officers this past week--Rich Mclane and Randy McMillan. He noted that Rich Mclane was formerly a dispatcher with the Bozeman Police Department; and Randy McMillan is a trained officer who worked for the San Bernadina Police Department for two years. (3) Noted that staff spent time in preparing the report for auction sale of lots in the Valley Unit Subdivision this past week. (4) Announced that the video tape on the transportation plan submitted by Mr. Doug Widmayer prior to last week's Commission meeting is available for review by any interested persons. (5) Reminded the Commission of the Chamber of Commerce Vision 2000 meeting scheduled for Thursday evening. (9) The City Manager stated he has received a copy of the petition to place the Big Sky Dividend on the ballot, along with a letter asking that it be circulated for signatures. Commissioner Vincent expressed concern about the political issues which surround this proposal as well as the other proposal, which is currently being considered in the court system. He suggested that, because of the political undertones involved, the City should not become involved in actively seeking signatures on a petition for one of the bills. He also stated he feels the public should be given an option, rather than being required to vote on only one proposal. Commissioner Stiff noted the Commission is non-partisan; and he does not feel it is appropriate for them to become involved in signing partisan petitions. (10) Mayor Swanson suggested that a review of the two infrastructure bills be placed on the May 26 agenda, since that is to be a scheduled work session due to the Monday holiday. He noted that someone who is familiar with both proposals, but not intimately involved with either bill, could provide an objective overview of the proposals and their differences. 05-04-92 -27 - . The City Manager suggested that Alec Hansen, Executive Director of the Montana League of Cities and Towns, could provide such an overview. (11) Commissioner Frost submitted the following. (1) Attended the TIFID meeting. (2) Attended the trails meeting on Thursday evening, at which Charles Little spoke. (3) Noted he has received the final revisions to the tree board and tree ordinances, except for the City Attorney's comments. He noted that the last (hopefully) ad hoc committee meeting has been set for Tuesday, May 12. (12) Commissioner Knapp submitted the following. (1) Noted the work which the senior citizens have accomplished. (2) Attended the Monday evening reception for the Montana Library Association annual conference. (3) Attended both the evening and morning sessions with Charles Little. (4) Attended a southwest dinner benefit for the Library. (5) Noted that an April 10 estimate of the drought situation for the summer has caused her concern. She then asked that this item be placed on the agenda for discussion in the near future. (13) Commissioner Vincent stated he is forwarding the name and telephone number of the lady who operates the University of Washington parking district to Assistant Brey. He noted that program has provided a lot of experience in dealing with a diversity of neighborhoods. (14) City Attorney Luwe submitted the following. (1) Announced he will be leaving on Tuesday for his annual National Guard training. He indicated he will be in the office next Monday and Tuesday and will be gone on Wednesday and Thursday. (2) Announced that last week, two lawsuits against the City were filed. He noted the first one was by Mr. Anacker on behalf of Mr. Duffy, and he has agreed to accept service of that suit on behalf of the City. He noted the second one is filed by the Bozeman Daily Chronicle; and the hearing has been set for 1 :30 p.m. on Friday, May 22. He noted that he will be filing an answer to the lawsuit and a brief prior to the hearing. (3) Announced that he and Director of Public Service Forbes met with Barry O'Connell, attorney representing the City, and three attorneys representing the Jewel Food Dtores this morning regarding the Bozeman Solvent Site. He noted that items discussed during that meeting included the providing of City water and sewer services to five homes affected by this site and how to dispose of the sludge and liquid taken from the septic tank. (15) Clerk of the Commission Sullivan announced that her office will be closed on Thursday morning, while she attends a semi-annual meeting of the Montana Municipal Clerks, Treasurers and Finance Officers' Association, and Friday afternoon, because her assistant, Sharon, 05-04-92 -28 - is attending the Municipal Clerks' Institute this week. (16) Mayor Swanson submitted the following. (1) Announced that he handed out "Certificates of Honorary Citizenship", as prepared by the Clerk of the Commission's office, to MSU foreign students who have provided services to the community over the past year during a Rotary dinner held on Thursday evening. (2) Attended Charles Little's presentation on Thursday evening. (3) Met with a class of second graders and a class of sixth graders today. ( 17) Mayor Swanson raised the issue of how the goal setting process should proceed on Wednesday evening. The City Manager stated he has arranged for certain staff members to be present at the meeting for the purpose of discussing and clarifying the goals they had forwarded. He then suggested that the Commissioners listen to these presentations, which are scheduled for both tonight and next Monday night, before proceeding with prioritization. He also noted that the Commissioners may need to clarify some of their written comments, to ensure that everyone understands all of the listed goals. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation -"Municipal Clerks' Week" -May 3-9, 1992 Request for permission to conduct Sweet Pea '92 parade -Saturday, August 8, 10:00 a.m. -Main Street from 9th Avenue to Church Avenue Request for deviation -Gene Badgley -to not require paving of employee parking area -712 and 716 East Main Street; per DRB recommendation Request for deviations -Karen Lindell -to allow encroachment of a structure into required 35-foot watercourse setback; and to allow expansion of non- conforming use more than the 20% allowed -416 East Aspen Street; per DRB recommendation Authorize City Manager to sign Annexation Agreement with George Westlake and Kay Martinen -6.569-acre tract located in the NE%, Section 1, T2S, R5E, MPM (bounded in part by North 7th Avenue on the west, Baxter Road extended on the north and West Oak Street on the south} Commission Resolution No. 2860 -annexing 6.569-acre tract located in the NE%, Section 1, T2S, R5E, MPM (bounded in part by North 7th Avenue on the west, Baxter Road extended on the north and West Oak Street on the south} COMMISSION RESOLUTION NO. 2860 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN TRACT(S) OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE WESTLAKE/MARTINEN ANNEXATION AND HEREIN MORE PARTICULARLY DESCRIBED. 05-04-92 ... ' -29 - Acknowledge receipt of request for vacation of Fryslie Street adjacent to Lots 21-30 of the Amended Subdivision Plat of Block 9, Figgins Addition. Phase I -Bon-Ton. Inc .• of Billings Commission Resolution No. 2859 -intent to vacate Fryslie Street adjacent to Lots 21-30 of the Amended Subdivision Plat of Block 9. Figgins Addition. Phase I; set public hearing for May 18. 1992 COMMISSION RESOLUTION NO. 2859 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT PORTION OF FRYSLIE STREET ADJACENT TO LOTS 21, 22, 23, 24, 25, 26, 27, 28, 29 AND 30 OF THE AMENDED SUBDIVISION PLAT OF BLOCK 9, FIGGINS ADDITION, PHASE I. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adjournment -9:14 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. 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. 05-04-92