Loading...
HomeMy WebLinkAbout1998-04-13 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA April 13, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting in the Conference Room and work session in the Commission Room, Municipal Building, on Monday, April 13, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Aaenda Meetina - for regular meetina and Dublic hearings to be held on ADril 20. 1998 Since this is an agenda meeting, only those issues requiring staff action and limited discussions are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included . in the Commissioners' packets. (4) City Engineer Craig Brawner distributed copies of a draft memo, dated April 1 0, addressing some of the issues raised during the public hearing and by Commissioners. He noted that a final copy of this memo will be included in the Commissioners' packets for next week's meeting. He reviewed the various points included in the memo, noting that while the rating and ranking criteria are somewhat subjective, he feels the relative ratings are appropriate and accurate. He then noted that the rating criteria for the 1988 sidewalk program were different than those for the 1993 program; however, the sidewalks in the Wood brook area were in essential the same place on both priority lists. He stated that most those sidewalks which had previously ranked higher than the sidewalks being considered under this program have either been installed or are not constructible at this time because of the attendant street . improvements which are needed. Responding to City Attorney Luwe, the City Engineer stated that the priority list developed from the rating and ranking sheets was not subjected to a public hearing; however, the list has been reviewed in conjunction with each of the last three sidewalk program proposals. 04-1 3-98 - 2 - Engineering Assistant Andy Kerr posted a map of the Wood brook area, reviewing a possible scenario for installing sidewalks around Wood brook with a minimum amount of impact on the berming and landscaping. He recognized that the proposed sidewalk location, which includes a small amount of curb sidewalk and some areas with narrow boulevards, does require . removal of some small juniper bushes and the relocation of some utility boxes currently located in the right-of-way and does impact some of the berming. He recognized that the greatest impact is along the South Black Avenue frontage; however, he suggested that the overall impact on this area is not as dramatic as in some other parts of the community. City Engineer Brawner stated that whenever sidewalks are installed after an area has been developed, there are definite impacts. He then noted that the impacts on the Wood brook development do not appear to be as dramatic as those incurred in the Figgins Addition when those sidewalks were ordered installed in 1995. The City Engineer reminded the Commission that representatives from Woodbrook have suggested an alternate plan under which they would contribute toward the costs of installing sidewalk on the other side of the street along certain portions of their development. He . cautioned that if this option is considered, it is important to include the costs of snow removal, maintenance and sidewalk repair as well as the initial installation costs. He further cautioned that a future Commission could decide to order the sidewalks installed even if this Commission approves the alternate proposal. He noted that if an alternate plan is to be considered, representatives from Wood brook and the neighbors must enter into a written agreement which would be reviewed and approved by the City. City Attorney Luwe cautioned that once the Commission orders sidewalks installed, the sidewalks must be installed. He recognized that if, after sidewalks are ordered installed, the neighbors are able to submit an alternate agreement that is acceptable to the Commission, the order may be amended. He stressed, however, that the order may not be flexible in the way it is written. He further cautioned that if this approach is followed in this instance, it must also . be followed in future programs. Commissioner Youngman stated that the onus to reach an agreement would be on the neighborhood, and she does not anticipate there would be many areas of the community where such an agreement would be possible. 04-13-98 -----..-.. -.---- .-......-..--.--- - - 3 - Commissioner Smiley stated that she spoke to someone who had lived in Wood brook, and she was saddened to learn that when people have walked on the grass strip at Wood brook, residents of the development have yelled at them to get off the grass and walk on the other side of the street. She then stated she feels that the residents of Wood brook have been . allowed to protest the installation of sidewalks for too long and they should now be installed. Responding to Mayor Stiff, the City Engineer stated he has seen instances where the underground irrigation system has been run under the sidewalk, with the system watering the sidewalk as well as the boulevard. He recognized that this approach may result in the wasting of some water but seems to minimize impacts on existing sprinkler systems. Responding to Commissioner Rudberg, the City Engineer stated that Gary Griffith at the School District has indicated that with his GIS program, he can identify the number of students living with certain boundaries. He then indicated that information on the number of school children within the boundaries of the proposed sidewalk program will be available at next week's meeting. Responding to Commissioner Youngman, City Attorney Luwe stated that, despite the . fact that the City did not pursue installation of sidewalks under the agreement for Phase I, the Commission does have the authority to order sidewalks installed at this time. He noted that the recourse available to residents of Wood brook would be through the court system. He then compared the ordering of sidewalks around Wood brook to the ordering of sidewalks in those new subdivisions where developers were given three years to install the sidewalks. City Engineer Brawner stated that if the property owners do not install sidewalks during the time allowed, they will not have an option of selecting the contractor to be used under the City's contract, since the installation of those sidewalks will be subject to the competitive bidding process. The City Engineer noted that a number of streets were not included on the priority list. He noted that those sidewalks have been included on a revised priority list that will be . submitted in the packet for next week's meeting, but none of those sidewalks surfaces within the priorities for the next two years. City Manager Johnson stated that part of the function of the Permit Coordinator is to track this type of agreement to ensure that it does not fall through the cracks. 04-1 3-98 _______n_.....__.._ ._.__________ - ._.u...._ ~--- ...._._--~.- - 4 - (5) City Manager Johnson announced that this item has been moved to the May 4 agenda, at the request of Gallatin Development Corporation. (6) Associate Planner/Urban Designer John Sherman gave a brief overview of the project, highlighting the issues of concern, which include ensuring handicapped access to . various improvements and the parking lot improvements. He then indicated that the Breakfast Optimist Club is raising funds to be combined with the Community Transportation Enhancement Program (CTEP) monies for this project. (7) Associate Planner Chris Saunders gave an overview of the proposed minor subdivision, which would subdivide one lot into a lot for the existing single-family home and a lot for the area where the mobile home park was located. He noted that this site is located over the hill from East Main Streett and is not readily visible from the street. City Attorney Luwe suggested that Condition No.3 be revised to require that a public road easement be approved and accepted by the City prior to final plat approval. Responding to Commissioner Frost, the Associate Planner confirmed that the dead end street is longer than allowed under current subdivision regulations; however, he noted it is an . existing condition on the site. (8) Assistant Planning Director Arkell gave a brief overview of this application, noting that it is considered a major subdivision because more than six lots are involved. (9 through 11) The Assistant Planning Director gave an overview of these three agenda items, which pertain to property located at the southwest corner of the intersection of Kagy Boulevard and South 11 th Avenue. She stated that under the proposed subdivision and planned unit development, this property is to be subdivided into lots for structures which will be individually owned, and all driveways and parking areas will be included in a remainder lot in common ownership. She noted that this is similar to the manner in which the Tech Park Subdivision has been developed. She indicated that a planned unit development has been requested to provide for relaxation of some of the setback requirements. She stated that, in . conjunction with this subdivision and development, one-half of the right-of-way for South 11 th Avenue will be provided as well as one-half of the right-of-way for a street along the southern boundary. The Assistant Planning Director stated that the proposed uses on this site are permitted uses in the "R-O" zone, which is being finally approved at this meeting. She indicated that 04-13-98 _n__u..... _..n.._ ...._.". ......__._._. __n___ - 5 - apartments were included in the upper stories in the original plans for this development. Commissioner Youngman expressed concern about the lack of undeveloped "R-4" zoning, noting that the rezoning of this property from "R-4" to "R-O" has left essentially no land available for high-density residential development. She noted that this area, close to the . University and with no low-density residential development adjacent to it, would be a prime location for the high-density residential type of development. ( 12) Project Engineer Karen Finke reminded the Commission that on June 16, a conditional use permit for Mr. T's Towing and Service was approved, and one ofthe conditions of approval included improvements to North 8th Avenue. Subsequently, it was discovered that a 12-inch steel cased gas transmission line is located in the northbound lane of the roadway, and it is not deep enough to allow construction of a roadway over it without a concrete cap being constructed, at an estimated cost of $50,000. She stated that Mr. Morrison has indicated he cannot absorb that type of cost and has asked that he be allowed to construct his project using West Aspen Street as the only entrance to the site. She noted that he has also agreed to sprinkle his structure because of the problems that could be incurred by fire trucks . trying to reach the structure, Responding to Commissioner Frost, City Engineer Craig Brawner stated that the Montana Power Company gas line is located in the street right-of-way, and that is allowed under State law. He noted that in this instance, however, the gas main was installed in a manner which precludes improvement of the street without first addressing the issues surrounding the location of the gas main, which is too close to the surface to allow for the typical excavation without installing a protective cap. He suggested that options for addressing the issue could be that the City request the Montana Power Company to protect the line or relocate it so that the street improvements can be made, require that the applicant bear those costs, or the City could accept the burden of the costs in conjunction with improving the street. (13 through 16) Responding to Commissioner Rudberg, City Attorney Luwe stated that e an opportunity for public input must be provided at both readings of an ordinance. He then indicated that the second reading of an ordinance could be placed on the consent agenda, but if someone wishes to speak on the issue, it must be removed from the consent agenda. Mayor Stiff stated he feels ordinances should remain listed as line items rather than placed on the consent agenda. 04-13-98 --.-..--..-....-. ._-'-'---_._'~ -- - ------ -- -. - -.------ ---- - 6 - (22) Historic Preservation Officer Derek Strahn provided an overview of the project, stating that staff cannot support the requested deviation to allow the front porch to encroach 20 feet 4 inches into the required 25-foot front yard setback. He stated that the applicants have received contractors' quotes and, because of the price, have had to scale the project . back. As a result, they have agreed with the conditions as recommended by staff and the Design Review Board. Break - 4:05 to 4:10 D.m. Mayor Stiff declared a break from 4:05 p.m. to 4: 1 0 p.m. to allow the Commission time to move to the Commission Room for the work session. Work Session - (A) Presentation from Chief JoseDh Breakfast Club re "Smoke-Free Bozeman bv the Year 2000"; (B) Presentation re out-of-state travel - Staff Attornev Cooper; (C) Review of DRB Doliev manual - Plannina Director EDDie; and (D) Presentation re variances - Planning Director EDDie The meeting was opened with the Pledge of Allegiance and a moment of silence. (A) Presentation from Chief Joseph Breakfast Club re "Smoke-Free . Bozeman by the Year 2000" Included in the Commissioners' packets was a letter from the Chief Joseph Middle School requesting that the Chief Joseph Breakfast Club be given an opportunity to address the Commission. Ms. Stephanie Johnson and Mr. Collin Keck gave a presentation on behalf of the Chief Joseph Breakfast Club. Ms. Johnson stated that their club talked about possible projects to make Bozeman a smoke free city and decided that if Boulder, Colorado, and California can be smoke free, why not Bozeman? They noted that they have learned about how bad smoking is for people and have tried to identify a way to get their message across to the community. Mr. Keck stated that the club has done a survey of the 87 restaurants and 28 bars in . Bozeman. Their survey revealed that less than one-half of the restaurants are smoke free and none of the bars. He indicated that they are researching how Boulder, Colorado, and California became smoke free, in attempt to pursue that status in Bozeman. He also noted that they have designed and printed T-shirts to promote their project. 04-1 3-98 - 7 - Mr. Keck then asked that the Commission adopt a proclamation to make Bozeman smoke free during the third week of November, which coincides with the Great American Smoke-Out. Mayor Stiff thanked the students for their nice presentation. He then asked if the . Commissioners are receptive to adding the requested proclamation to the agenda; the Commissioners indicated they are. (B) Presentation re out-of-state travel - Staff Attorney Cooper Distributed just prior to the meeting was a report from Staff Attorney Cooper summarizing the topics covered during the conference. City Attorney Luwe stated that each year, an attorney must have 15 hours of CLE credits. He noted that few municipal law credits are available in Montana, except during the Montana League of Cities and Towns conference. He stated that a maximum of 5 video credits are also allowed in meeting the CLE requirements. He noted that the staff attorneys have had some difficulty in obtaining the needed CLE credits and have begun to encounter a need for additional expertise as their workload expands. As a result, Staff Attorney Cooper attended . the International Municipal Lawyers Association seminar. Staff Attorney Tim Cooper compared trying to summarize the sessions at the conference in a short presentation to seeing all of Washington, D.C., in a weekend. He stated that there were 30 + presentations or papers disseminated during the conference, in seven general categories: (1) the challenges of sign regulation; (2) protecting what is the local government's, from copyright interests to Internet web sites; (3) making the local government heard at the state and federal levels; (4) contemporary risk management and litigation issues; (5) discrimination law update; (6) the telecommunications battle, including local zoning and right-of-way control; and (7) land use planning and economic development. He stated that his memo lists each of the sessions or papers under each category and a brief statement under many of them. . The Staff Attorney indicated that he has already begun to circulate some of the papers from the conference to other staff members, and he will share them with anyone who is interested. Staff Attorney Cooper stated that, even when he was in private practice, it was sometimes difficult for those attorneys living in communities other than Helena or Missoula to 04-13-98 ---- ..-..- - 8 - fulfill the continuing legal education requirements. He noted that the seminars during the Montana League of Cities and Towns provide a good opportunity to gain information as well as an opportunity to network with other municipal attorneys in the state. City Attorney Luwe stated that his office has been reviewing many agreements recently . for items covered by the sessions at this conference, including software agreements, agreements for the Internet access at the library and the agreement for the 9-1-1 center. He noted that the information gathered at the conference will be valuable in future review of this type of documents. Responding to Mayor Stiff, Staff Attorney Cooper stated that PC Support Person Dennis Cruise is staying current on the laws pertaining to the Internet and copyrighted materials in electronic format. The Commissioners thanked the Staff Attorney for his presentation. (C) Review of DRB policy manual - Planning Director Epple Included in the Commissioners' packets was a copy of the Design Review Board Manual, as adopted by the Board at its March 24, 1998 meeting. . Planning Director Andy Epple noted that ORB Board member Ed McCrone is present at this meeting. He reminded the Commissioners that during one of their September meetings, they met with members of the Design Review Board. At that time, the ORB was encouraged to develop a manual to assist in their operations. He stated that the Board took that direction seriously and have worked diligently to develop a manual that is easily read and understood and provides direction to new and old members alike. He stressed that this document has been developed by the board members and not by staff. The Planning Director stated that the Board decided to not simply rely on Roberts Rules of Order for conducting their business, but established their own rules for the selection of officers and a listing of their duties. The Planning Director noted that another key element in the manual is the provision . that members with over six months experience on the board will be considered senior members and will be encouraged to participate in a mentoring program for new appointees. He also noted that new appointees are to attend two regular meetings of the Board as an observer before gaining voting rights. 04-1 3-98 ___..n __ -.----. - -- -- --- --.-.. -.------- - 9 - Planning Director Epple stated that the five board members who were present at the March 24 meeting signed the manual. Commissioner Rudberg stated she feels that having guidelines will be beneficial. She then stated she likes the mentoring program and the requirement to wait until the third meeting . before voting. The Commissioners indicated their appreciation for the DRB manual. (D) Presentation re variances - Planning Director Epple Planning Director Andy Epple distributed copies of the three variance criteria and issues to be considered under each, as prepared by Land Use Attorney Christopher Williams. He noted that this outline and presentation were also submitted to the Board of Adjustment at its March 26 meeting, as a part of staff's concerted effort to provide better training for the various boards. The Planning Director reviewed the three criteria established for review of a variance, as required under State statutes and the Bozeman Municipal Code, which include: (1) that the variance will not be contrary to the public interest; (2) that a literal enforcement of the zoning . ordinance will result in unnecessary hardship owing to conditions unique to the property; and (3) that the spirit of the ordinance will be observed and substantial justice done. The Planning Director characterized Criteria Nos. 1 and 3 as being very similar. He noted that when evaluating an application for a variance, it is generally quite easy for staff to find that these criteria have been met because some subjectivity can be used. He stated, however, that Criterion No.2 is much less flexible and much more difficult to meet. He stressed that the hardship must be unique to the property, cautioning that financial hardship, personal hardship and self~created hardship cannot be considered when evaluating this criterion. He stated that unusual topography or the unusual shape of a lot could be bases for granting of a variance because they would be unique to the property. He noted that a vacant, flat, rectangular lot would typically not be eligible for a variance. He cautioned that if it appears a . code requirement in a specific zone is too stringent and is the cause of the problem, then a zone code amendment might be more appropriate than a variance. Assistant City Manager Ron Brey stated that, in fact, the criteria set forth have been referenced in numerous court cases around the country. He noted that a review of his notes on this issue from almost twenty years ago reflect that the same criteria were considered at 04-13-98 - ------- - 10- that time as well. He stated that one criticism of the old zone code was that it was a "patchwork quilt"; however, he noted that the changes to that document resulted from what were identified as needed amendments in light of problems encountered with its requirements. Responding to Mayor Stiff, Planning Director Epple stated that it is typically easy to . determine that reasonable proposals comply with the first and third criteria, but not necessarily the second criterion. He stressed that all three must be answered in the affirmative to approve a variance. Further responding to Mayor Stiff, the Planning Director stated that variances in conjunction with conditional use permits are typically reviewed by the City-County Planning Board as a part of the project, even though that board has no identified role in the variance process. He noted that in the instance of the dental building at the corner of South 11 th Avenue and Kagy Boulevard, staff cautioned the applicants early in the process that they would not be able to support the requested variance, although the Planning Board did forward a recommendation for approval. Responding to Commissioner Rudberg, Planning Director Epple stated that in all the . other Montana communities in which he has worked, the Board of Adjustment has acted on variances. He then noted that under the old zone code in Bozeman, the Board of Adjustment acted on variances as well. When the new zone code was adopted; however, the Commission felt that considering variances in conjunction with conditional use permits or other large scale projects could serve to streamline the process by eliminating the need to go before two separate bodies. He noted that experience has revealed the idea of simultaneous consideration of a development proposal and a request for deviation makes logical sense but, in reality, it results in an application going through the entire process without knowing if a variance request will be approved. He stated that if the variance is not approved, then the entire project is compromised. He suggested that if the variance request is processed first, then the applicant knows how to prepare a proposal for development. He cited the proposed dental clinic at the . corner of South 11th Avenue and Kagy Boulevard as an example, noting that staff cautioned the applicants that they could not support the requested variance, but the applicants decided to proceed with the application. Commissioner Rudberg noted that if the Board of Adjustment is given the authority to act on all variances, then those applications would go directly from staff to the Board of 04-13-98 ---- . .--..--..--- - 11 - Adjustment, thus avoiding reviews by the Design Review Board and Planning Board as applications are forwarded to the City Commission for action. She suggested that this could relieve a significant load on those boards, particularly since they have no review authority over the variance portion of an application. . Responding to Commissioner Rudberg, the Planning Director stated that situations where a variance is processed in conjunction with a major site plan or conditional use permit and the variance is denied are quite rare; however, they do identify a soft spot in the existing process. Further responding to Commissioner Rudberg, the Planning Director stated that if the County assumes jurisdiction over the extraterritorial area, then they must develop a process for handling variances. He noted that could include the County Commission acting on variances, appointment of a County Board of Adjustment or possibly use the City's Board of Adjustment, slightly expanded to include more representation from the jurisdictional area. At Commissioner Rudberg's request, City Attorney Luwe reviewed the statutory requirement for four affirmative votes to approve a variance. He stated that the zone code . specifically requires four affirmative votes for approval of a variance when the City Commission is acting as the Board of Adjustment. He recognized that the State statute allows for a Board of Adjustment to be comprised of five to seven members, so if all seven members are present, a simply majority vote results in approval of a variance. Assistant City Manager Ron Brey stated that in 1987, the State statute was changed to allow expansion of a Board of Adjustment from five members to allow five to seven members. He stated that the expansion resulted from the inability of Boards of Adjustment in many communities to meet the quorum requirements with the four vote requirement. He noted that by allowing the expansion of the membership, it was anticipated that the quorum requirements could be more easily met, and applications for variances could be dealt with in a more timely manner. He then stated it does not appear that it was the Legislature's intent . to remove the super-majority requirement for approval of variances, but that requirement was not specifically included in the new legislation. Commissioner Frost stressed that, no matter which body acts on variances, the three criteria must be met. He recognized that Criteria Nos. 1 and 3 provide enough flexibility that 04-1 3-98 -.--.---..--. - --- - 12 - an application can typically be found to meet them; however, Criterion No.2 is generally much more difficult to meet because it lacks flexibility. Commissioner Smiley stated she feels it would be good for an applicant to know early in the process whether a variance is approved. . Planning Director Epple noted that the City-County Planning Board has no role in considering a variance. He stated, however, that the members have taken the position that if they are considering a conditional use permit application with a variance attached, they will consider the entire application and forward a recommendation on the variance because it is difficult to consider only a part of the application. Responding to Commissioner Rudberg, the Planning Director stated that the Board of Adjustment has two primary roles, to act on variances and to conduct public meetings on proposals for development which are exempt from the zone code regulations. He then noted that in Montana, variances are more likely to be granted than in other parts of the country. He stressed, however, that the body approving the variances must find that the three criteria have been met. . Responding to questions from Commissioner Smiley, the Planning Director stated he does not know if the applicants plan to pursue construction of a dental office building on the corner of South 11th Avenue and Kagy Boulevard. He noted that during consideration of that application, the possibility of developing a university overlay district, under which larger and taller buildings would be allowed, was raised. He characterized that as an interesting concept, but cautioned that such a district would simply push the compatibility and impact issues further out into the community. Commissioner Rudberg stated she feels it is would be more efficient for an applicant to go directly to the Board of Adjustment for a variance than have it processed in conjunction with an application for development, both for the applicant and the various boards that consider the development application. . Planning Director Epple stated that at its meeting three weeks ago, the Board of Adjustment requested the Planning Board initiate a zone code amendment to return the authority for acting on all variances to the Board of Adjustment, and that request was forwarded to the Planning Board at its meeting held last Tuesday night. 04-1 3-98 --.-. - 13 - Assistant City Manager Brey stated that when the decision was made in 1990 to forward multiple variances and variances in conjunction with development plans to the City Commission for action, part of the rationale was streamlining of the process. He also noted that the Commission felt it was more appropriate for them to act on the multiple variances and . those which might have more impact on an area than to allow the Board of Adjustment to act on them, since the only recourse against a Board of Adjustment action is to District Court. He then suggested that other options not previously raised include (a) retain authority over all variances; or (b) grant the authority for all variances to the Board of Adjustment, including the approval authority for conditional use permits. Commissioner Frost noted that when the new zone code was adopted in 1990, one of the efforts was to allow for multiple applications to be considered concurrently. He cited the Life Link project, which went through six different processes simultaneously, as an example of why some of the provisions in the new code were adopted. Planning Director Epple reminded the Commission that if the Planning Board chooses to initiate a zone code amendment, it will be reviewed by staff in light of the criteria and then . considered in public hearings before the Planning Board and the City Commission. Planning Director Andy Epple turned the Commission's attention to the deviation process, reminding the Commissioners that it was created in 1989 and 1990 to allow and encourage rehabilitation of historic and older neighborhoods where development typically does not comply with the current zone code regulations because those projects did not meet the criteria for variances. He stressed that neighborhood compatibility is a key component in allowing redevelopment within the historic districts and neighborhood conservation overlay districts. He also reminded the Commission that deviations are permitted in the entryway corridor overlay districts, to encourage exemplary design in exchange for the relaxation of standards. Assistant City Manager Brey stated that several hundred building permits have been . issued as a result of the deviation process, resulting in significant enhancement of the older neighborhoods and historic areas of the community. The Commission thanked staff for the presentation. 04-1 3-98 - ----. ---.--- -. .--..- -. ---.-.-.-...--------..--.--- - 14 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Gary Vodehnal, Carola Murat and Luka Murat Vodehnal, 614 South . 7th Avenue, dated April 6, 1998, stating support for higher impact fees. (2) Copy of a letter from the Director of the COPS Office to Chief Mark Tymrak, dated March 6, 1998, informing him the renewal of the COPS MORE grant has been approved. (3) Copy of a letter from the Program Manager of the WRICOPS Office to Chief Mark Tymrak, dated March 31, stating appreciation for Captain Mel McCarver's participation in their program. (4) Copy of a memo from Neighborhood Coordinator/Grantsperson James Goehrung to the Enhancement Program Steering Committee, dated April 8, announcing that a meeting has been scheduled for 10:30 a.m. on Tuesday, April 21, to discuss the status of the CTEP program and funding. (5) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated . April 8, announcing that Gallery Signs has installed a new address sign on the front of City Hall, at no expense to the City. Commissioner Rudberg suggested that a letter of thanks be forwarded to Mr. Groth, not only for this sign but for the handicapped parking signs as well. (6) Copy of the Transportation Projects Status Update for March 1998, as prepared by City Engineer Craig Brawner. (7) Letter from Robert J. Schultz, Accola Condominium Association, dated April 9, stating objection to the "compromise" proposal submitted by residents of Wood brook, to install sidewalks on the opposite side of the street from their development. (8) Agenda for the Development Review Committee meeting to be held at 10:00 p.m. on Tuesday, April 14, in the Commission Room. . (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 14, in the Commission Room. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 14, at the County Courthouse. 04-13-98 .-.----- - __'" n________. ___. .___ - 15 - (11 ) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, April 16, in the Commission Room. (12) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held on Wednesday, April 22, in the Commission Room. . ( 13) Agenda for the Montana Transportation Commission meeting to be held on April 29 and 30 in Helena. (14) The City Manager submitted his weekly report, as follows. (1) Announced that Neighborhood Coordinator/Grantsperson James Goehrung is coordinating the work on the Professional Building to accommodate relocation of the Engineering and Planning Departments. He stated that those departments will be closed for probably three days during the last week of April or the first week of May for the move. (2) Announced that seasonal employees are beginning to return to work. (3) Stated he received an inquiry from Commissioner Smiley last week about the fact that the sidewalk does not extend around the southwest corner of the intersection of South Third Avenue, South Willson Avenue and Kagy Boulevard. He noted that research revealed the sidewalk as not intended to extend around the corner, since it would have . resulted in dumping pedestrians onto a bicycle pathway. ( 15) Assistant City Manager Brey stated that City staff has begun work on drafting the scope of services for the transportation plan update and will forward that draft to the Transportation Coordinating Committee at its meeting on April 21. He indicated that staff anticipates the June 30 deadline for committing the funds can be met. (16) City Attorney Paul Luwe submitted the following. (1) Stated that in Forsyth, the City Council, in the past, has acted as the Board of Adjustment. He then indicated that if the Commission wants to retain jurisdiction over variances but is concerned about the requirement for the affirmative vote of four Commissioners, he can seek an Attorney General's opinion if the Commission directs him to do so. (2) Announced that the City of Helena is beginning to look at regulating casinos and has requested a copy of Bozeman's ordinance. (3) . Stated he has received a courtesy copy of a proposed initiative from the Gallatin County Election Administrator. He noted that under the initiative, impact fees for streets would be raised from 10 percent to 75 percent on November 15, 1998 and all impact fees would be raised to 100 percent on May 10, 1999. The initiative further requires that the Commission explore the possibility of impact fees for other services. 04-13-98 - 16 - (17) Commissioner Frost stated that he attended the Tobacco Free meeting last week. He noted that Bozeman Ice Dog hockey player Eric Wooten has been giving speeches on tobacco at the elementary and middle schools, and he seems to be very well liked by the students. . ( 18) Commissioner Youngman submitted the following. ( 1 ) Reminded the Commissioners that Clean Up Bozeman is scheduled for Saturday, April 25. She asked if the Commissioners wish to clean up around City Hall; they indicated that they do. (2) Stated that the Community Affordable Housing Advisory Board met last week and will meet again next week to prepare a new set of priorities and develop recommendations to be forwarded to the Commission in an upcoming work session. ( 19) Mayor Stiff submitted the following. (1) Attended the City-County Board of Health meeting last week. He stated that both the City Commission and County Commission representatives on the Board have decided they should not serve on the selection committee; and Assistant City Manager Brey has agreed to represent the City on the selection committee. (2) Stated that the City Manager and Director of Public Service are working to make sure that . the City is represented at the upcoming meeting in Helena regarding groundwater issues. (3) Announced that he will be working on development of the budget for the Health Department for the upcoming fiscal year. (4) Attended the meeting of one of the Senior Center boards last week and will be attending the meeting of the other board next week. He stated that they are working on the relocation of handicapped parking spaces at the Senior Center. (20) Commissioner Smiley submitted the following. (1) Attended the Tree Advisory Board meeting last week. She noted that some of the cost share trees are still available. She also indicated that trimming of trees in one of the parks is to be undertaken this year, although not all of the community has yet been covered in the tree trimming program. She then indicated that a Girl Scout Troop intends to plant a tree in Cooper Park for Arbor Day. (2) Attended the City-County Planning Board meeting on March 17, even though her . attendance is not noted in the minutes for that meeting. She stated that many different topics were covered during reports and discussions at the end of that meeting. (21 ) Commissioner Rudberg submitted the following. (1) Stated that she talked to the City Manager about forwarding proclamations for school groups who are unable to attend Commission meetings to the School Board of Trustees for dissemination to the students. 04-1 3-98 ------------- ---- ----- - 17 - (2) Stated she feels it is important to set a limit on the amount of time that staff is required to devote to responding to a request from a special interest group. She stated that the lack of such a policy can result in staff spending an inordinate amount of time on one item when they can ill afford it. She recognized that the Planning staff is not under the City Commission; . however, she suggested that the Planning Board could adopt a pOlicy similar to any policy adopted by the Commission. (22) Commissioner Rudberg noted the Commissioners received a letter from Chad Groth dated March 17, and just this past week she talked to him about flyers being posted on every pole and now some trees. She stated one gentleman has indicated that when he goes to coffee every day, he walks up one side of the street and down the other, tearing down the flyers that he sees. She noted that other businessmen along Main Street tear down the posters and flyers when they see them. She stated there is a law against posting the flyers in those locations, and she feels that steps should be taken to gain compliance. She suggested that this could be accomplished by contacting the agency responsible for an event or, in the case of a band, contacting the bar at which the band is to be playing. . Responding to Commissioner Youngman, City Attorney Luwe confirmed that posting signs in the public right-of-way, which is where poles are typically located, is prohibited; and violations of that ordinance are subject to the standard misdemeanor penalty, which is up to a $500 fine and/or up to six months imprisonment. Adjournment - 5:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stiff; those voting No, none. . ATTEST: {J~ J~~ ROBIN L. SULLIVAN Clerk of the Commission 04-13-98