Loading...
HomeMy WebLinkAbout1996-09-30 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 30, 1996 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, September 30, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Deputy Clerk of the Commission Erlandson. The meeting was opened with the Pledge of Allegiance and a moment of silence. Presentation of Award City Manager Wysocki presented Sue Harkin, Recreation Superintendent, with a plaque naming her Senior Professional for 1996. The City Manager informed the Commission . that the recipient is chosen at the annual conference of the Montana Parks and Recreation Association and that Ms. Harkin was selected for the quality programs her department has instigated, as well as the professional development of her staff. City Manager Wysocki also noted Ms. Harkin is a past President of the Association. Mayor Stueck thanked Recreation Superintendent Harkin for her work and congratulated her on this award. Aaenda Meetina - for reaular meetina and Dublic hearings to be held on October 7, 1996 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Wysocki briefly reviewed the background information which was . included in the Commissioners' packets. (4) City Manager Wysocki reminded the Commissioners that this public hearing had been continued pending further information from the applicant's engineer and the City's Engineering Department. City Engineer Brawner gave a recap of the project, remarking that the first order of 09-30-96 - 2 - business is to identify the service area that the interceptor sewer will serve, and then design that line forward in the future. He reviewed the map for the 1979 Facilities Plan, identifying the Valley Unit Trunk Sewer service area as proposed in the 1980s and the report on the original sewer service area, which stated when that area was fully developed, the sewer line . would be at capacity. The City Engineer stated that the consultant did not pick up the full service area in the first draft of the new Facilities Plan update and the engineers' first draft of their zoning for the ultimate density for the future service area did not cover the full area. City Engineers feel there should be more capacity in the sewer trunks serving the area than has been reflected in the report. At Commissioner Stiff's request, Engineer Brawner outlined a portion of the area to be served by the Valley Unit trunk and the proposed trunk. City Engineer Brawner stated that Mike Delaney hired HKM Associates to assess the sewer capacity for their project service area and was told there was reserve capacity but not excess capacity. The City engineers agree with this assessment but note the reserve capacity is allocated to future planned developments. City Engineer Brawner said the consultants . surveyed the new undeveloped areas south and west of town and more major trunks had been identified to serve this area. The consultants proposed a Cottonwood interceptor on the far western boundary of the study area while the City Engineer suggested they look at a different interceptor system, which they did. City Engineer Brawner noted that this information and the new modeling that was done verifies there is reserve capacity/but not excess capacity, in the Valley Unit Trunk. Outlining the path of this trunk, the Engineer noted it crosses undeveloped land north of Durston Road, crossing that road at about Fowler and then coming along Yellowstone Avenue, almost to Huffine Lane. He acknowledged the Valley Unit Trunk at present could service the proposed annexation. City Engineer Brawner noted the consultant has looked at a sewer line . that would come up Ferguson Avenue through Courtyard Cottages. connecting to the west end of the Durston line. He further noted, however, there is a portion of this line from its terminus on Durston, just north of Courtyard Cottages that is only a 12-inch line, which would be undersized and would have to replaced to serve the full annexed area. In response to Mayor Stueck, City Engineer Brawner stated the 12-inch line would have to be upgraded to either a 15 or 18-inch line. In this new submittal, the original service 09-30-96 - 3 - area that was to go to the Cottonwood line has now been incorporated into the Valley Unit Trunk service area. The Engineer noted a new 21 to 24-inch major line would have to be constructed on Fowler Avenue between Durston Road and Huffine Lane, and there are existing portions of the Valley Unit Trunk which would have to be increased through line replacement, . or a second service line. Also, City Engineer Brawner noted there are portions of the existing line between Baxter Lane and 19th Avenue that would have to be replaced at great expense. The consultants' recommendation is to route the older capacity flow north via Davis Lane to the north of Gardner-Simmental Plaza, then into the 30-inch line. The Engineering Department is in general agreement that running a major trunk up the middle of the service area is more cost effective than going around the edges. The consultants recommend the City construct a new sewer between the existing Durston Road line and a new interceptor serving a new Zone 8. He noted that, in order to accommodate all the flow from this area, a diversion could be installed when the future trunk is constructed. The City Engineer said, while there is an indication the City could provide, on an interim basis, service to the Delaney property with some increases in line capacity, questions . arise with impending development to the south and the 360 Ranch property. He cautioned that when the 360 Ranch property and the Delaney property are fully developed, the entire line on Durston is probably undersized to accept both parcels. In conclusion, the City Engineer stressed the payment of full impact fees is necessary to help insure the provision of adequate future trunk lines. In response to Mayor Stueck's request for a ten-year plan, the City Engineer said there is good development potential in the areas just south of Huffine Lane but he does not think it prudent at the present time to make the large main extensions further to the south because development pressures seem to be in other areas. In response to Commissioner Frost, the City Engineer noted that, to upgrade the area sewer service north of Huffine Lane will be a major job, stating the consultants estimate at . least $9% million would be needed for improvements in this area. He further noted the current zoning for the Valley Unit is mainly R-3 and R-4, with about fifteen dwelling units per acre, and the estimates for future development are based on 13% dwelling units per acre. Responding to Commissioners Youngman and Stiff, the City Engineer said he will send the Commissioners a written report, along with a copy of the Facilities Plan map, that more 09-30-96 __n _._ ______.__._ ________ _.. ._._..._._ ..._. _.____.._____..____ ._. - 4 - clearly identifies the information. He also noted, concerning the practice of "borrowing" sewer capacity, that all new development pays impact fees and the sewer lines are installed when needed. In answer to Mayor Stueck and Commissioner Frost, City Engineer Brawner said Mike . Delaney would be responsible for upgrading the sewer line servicing his property, and, where others were served by the same line, the City would provide a payback to the developer. Responding to Commissioner Stiff, the City Engineer said that when sewer capacity is "loaned" to a development, the worst case scenario is others within the zone, who had been promised that service, may request their planned sewer and it would not be available. Without a provision that the loan is paid back, and a deadline set for the developer to build his sewer line, either the City would have to build that line or the developer would be denied service. The City Engineer said the reason for a master plan is so that the City does not build itself into a corner and find itself having to go a long way to extend service to new developments. City Engineer Brawner confirmed Mayor Stueck's assessment that the Facilities Plan is a planning document, and stated that the plan should be reviewed and updated every ten . years. The Engineer informed Commissioner Frost that, in the Delaney development, impact fees would be roughly $2,000 per household for sewer service, with a total in excess of $1 million, including commercial development. Responding to Commissioner Rudberg, the City Engineer said that annexed properties in the subject zone have been promised sewer service. (6) City Attorney Luwe advised the Commissioners he had added two exceptions to the ordinance to allow dogs in a funeral procession, and to be with the immediate family visiting a gravesite. He noted that neither provision was asked for by the Commission or reviewed by the Cemetery Board, but suggested thatthe ordinance could be amended . between adoptions, if necessary. Responding to Commissioner Rudberg and Mayor Stueck, the City Attorney noted the standard fine is up to $500 or six months in jail, but a minimum fine can be set if desired, by specifying it in the ordinance. He further noted a judge rarely imposes the maximum fine. The Commissioners concurred that a minimum fine should be included in the ordinance. 09-30-96 ._~~._- ---- .--.- ---~--_. ..-. - 5 - The City Attorney stated he would research the Code and propose a minimum fine for consideration during the first reading. Commissioner Youngman stated she would like any proposed changes to the ordinance to be approved by the Cemetery Board. . The City Attorney noted that, under this ordinance, the Cemetery Superintendent or his designee can impose any reasonable conditions for dogs to be in the cemetery, such as during graveside services, to ensure no problems with others who might be in the cemetery. Commissioner Rudberg suggested the local funeral directors could be an excellent source for dissemination of information regarding these new provisions. (7) Historic Preservation Officer Strahn stated the Historic Preservation Advisory Commission has directed him to request the Commission take the necessary steps to enlarge its membership from eleven to fifteen, highlighting the proposed increases. The main reason, he noted, is a tremendous number of talented and highly qualified citizens who have applied to serve on the Board. Officer Strahn also noted that the members are faced with a large number of tasks. He indicated that this increase could allow the City to take advantage of the . existing community enthusiasm for historic preservation efforts. Historic Preservation Officer Strahn stated the full board is rarely able to get together and the space used at the Carnegie building would continue to be adequate for meetings. Responding to Commissioner Rudberg, Officer Strahn stated the appointment process would remain the same. In response to Commissioner Rudberg's concern about notifying the public of the advisory boards' meetings, Historic Preservation Officer Strahn said he would be willing to issue a press release before each meeting. He further requested that the Commission change the name of the body to "Historic Preservation Advisory Board". The City Manager requested the Commission to establish a minimum number of members, possibly 9, to sit on the Board. . Commissioner Rudberg asked the Historic Preservation Officer about the Design Services Bank Improvements. The Officer responded that this pro bono bank was created in 1988 and assists the Board in getting State funding for the Preservation office. He noted this bank deals in time, loaning hours of donated time for advice on architectural or historical restoration, such as adding a porch, for example. The Historic Preservation Officer stressed 09-30-96 - 6 - the bank operates strictly on an advisory basis, and is available to help citizens who request its help in preparing a project for review by the Design Review Board. Officer Strahn informed the Commissioners that, under a new program, fourth and fifth year design students from MSU acting as interns, will donate six hours per week to help . prepare drawings. He stressed interns need to qualify for the program and are professionally supervised by a faculty representative from the Department of Architecture at MSU and by the Historic Preservation Officer. Historic Preservation Officer Strahn informed the Commission that the interns will be evaluated by the person requesting assistance, the faculty supervisor and by the Historic Preservation Officer. In response to concerns expressed by Commissioner Rudberg, the Officer stated that a citizen is not required to use this service, but can go directly to the DRB by himself. (12) Historic Preservation Officer Strahn reviewed the project, noting the present garage may be encroaching on a neighbor's property to the south and the new construction would rectify that situation. He noted the project was approved unanimously with the one boilerplate condition. . (13) Historic Preservation Officer Strahn gave an overview of the project, stating thee is a question about whether the non-historic rear addition constructed by the resident is safe. Officer Strahn informed the Commissioners this application asked for two deviations: (1) because the lot in question is too narrow to allow a two-family dwelling unit, which requires a 60-foot lot; and (2) the present house encroaches into the front-yard setback. Officer Strahn noted that, besides the boilerplate condition recommended by staff, the Design Review Board placed three conditions on their recommendation for approval. In response to Mayor Stueck, Historic Preservation Officer Strahn said the DRB did not specify exactly how the recommendations for replacing loose bricks and non-historic windows should be accomplished. . 171 In response to Commissioner Rudberg, Assistant Planning Director Arkell noted this will not be the tallest off-campus building in town, rather it will be about a 2 to 2 Y:z story building on the back part of the hospital and that, because of the lay of the land, it will not obstruct the view from other buildings. The Planner noted the second variance to the zone code requires that a building permit be acquired within six months of granting the variance, but it may not be possible to obtain a full permit because water and sewer lines need to be laid. 09-30-96 - 7 - The Planner informed the Commissioners that the hospital may not choose to build a third floor immediately. They request a waiver of that condition for now and will have their construction service representative, Ellerbe Becket, obtain the building permits at the appropriate time. In response to Commissioner Stiff, the Assistant Planning Director said that the . applicant plans to proceed with footings and foundation as soon as possible. 18) City Attorney Luwe reminded the Commissioners that one of the items on today's agenda deals with a resolution of intent to revise the master plan amendment as proposed by the Planning Board. The City Attorney noted there are several options, depending on what happens at the public hearing. City Attorney Luwe noted the four most significant options: (1) to continue on the present course of action, which is to close the public hearing on October 2nd to written comments and make a decision on October 7th without a public hearing; (2) to adopt the resolution of intent to revise the proposed master plan amendment and hold a public hearing on the 7th, and at that time make a decision as to adoption or revision of the master plan amendment; 3) to continue with option 2) at a later date; or 4) send it back to the Planning Board for pUblic hearing and recommendation. The City Attorney further noted . that if the Commission proceeds on October 7th, with whichever option they choose, the Planning staff must come back with Findings of Fact and a resolution to amend the master plan. Work Session - fA} Review of summary of arants; fB} Discussion re berming alona North 19th Avenue (A) Review of summary of grants Mayor Stueck remarked there were are concerns about grants ending and how those monies will be supplemented or replaced. In response to Commissioner Rudberg, Neighborhood Coordinator/Grantsperson Goehrung noted the Domestic Violence and Child Abuse program is part of a cooperative . package with the City and the County and other agencies, but that the City was the sponsor of the proposal. He further noted the Department of Justice annually announces opportunities for accepting applications, and such an announcement should come at the end of this month. Also in response to Commissioner Rudberg, Grantsperson Goehrung said that all those agencies listed under the Montana Arts Council apply through the City because we have been 09-30~96 - -.. ..-...--..-- . --- -.----..---..-.....- .... - 8 - designated as a local arts agency. He noted that the City of Bozeman acts as clearing house, accepting the monies from the State and passing them along to the appropriate agencies. The Grantsperson stated it is each agency's obligation to write the grant and provide all necessary documentation, and the City's responsibility to ensure the monies are expended in accordance e with the application. Also, the agency prepares a six-month report. which the organizations then submit to the City and State. In response to Mayor Stueck, Neighborhood Coord inatorl Grants person Goehrung said there have been so many cutbacks in the Arts areas that the groups which received monies last year had that funding cut by about one-third, receiving less than initially awarded. Answering Commissioner Rudberg, Grantsperson Goehrung noted the Housing Task Force funding was money received from a number of organizations to cover publication, advertising and mailing costs during the time the task force was in operation. In response to Mayor Stueck, Grantsperson Goehrung noted the Energy Improvements program through Montana Power Company was scheduled to end July 1; however, this date has since been extended. . Responding to Commissioner Rudberg, Grantsperson Goehrung said they had trouble getting the final report on the Parking and Transit Study because much depended on MSU students, and several personnel changes. He informed the Commission that the Transportation Coordination Committee is scheduled to meet on the 16th of October and he has planned a presentation for their meeting, also one for the City their work session on October 14th. Responding to Commissioner Rudberg, Grantsperson Goehrung noted the SBA Tree Planting program was successful for two years, with eighty trees being planted. He noted further that last year the program qualified at the State level but the funding was taken away. In response to Mayor Stueck, Grantsperson Goehrung said the $84,000 in funds from DARE were for the prior three years. Also in response to the Mayor, he noted the High . Accident Intersections program had been waiting for years for their funds. He said the bid was finally awarded and then the contractors decided to wait until Spring to begin the project. Grantsperson Goehrung suggested that, in the future, if we decide to apply to this program, the applications will be for major necessary high~ticket improvements, rather than a number of small projects. In response to Commissioner Rudberg, Grantsperson Goehrung informed the 09-30-96 .-.....---- ...... -. - 9 - Commissioners that the SBA Tree Program and the Parkland Acquisition are the major losses, noting that they had used the $63,000 from the Parkland Acquisition program to purchase Burke Park. He further noted that for the last three years no money in the fund was used, but he has information that funding may again be available and old applications will be considered. . Grantsperson Goehrung said he had twice put in for funding for the development of Westlake Park and had hopes of receiving funding for this project. City Manager Wysocki reminded the Commission that 7 officers are funded through federal monies. He noted that noted the County does contribute in the form of donations for materials which come in from different schools for the DARE program. Neighborhood Coordinator/GrantspersonGoehrung pointed out that even though these programs are in place, the level of competition for funding has risen dramatically in the last year. He felt that documentation of the level of public support, having statistical information available, and also providing matching funds have placed Bozeman in a competitive position in these programs. The Grantsperson said we need to continue to track the community's needs and priorities and, as problems begin to emerge, search for grants to address particular . community concerns. He further said we need to continue to work with other agencies, such as Interfaith, HRDC and Reach as they identify necessary projects. In response to Commissioner Stiff, the Grantsperson said the City had subscribed to a couple of services that gave a comprehensive listing of grants available, but that he had let the last publication drop because it identified categories the City would not be applying for. He noted that he checks the Federal Register on a regular basis, gets information from MSU, and concluded by saying that most information regarding local government opportunities automatically comes from the Montana Department of Commerce. Mayor Stueck thanked Neighborhood Coordinator/Grantsperson for his presentation. (8) Discussion re berming along North 19th Avenue City Manager Wysocki distributed copies of a memorandum from John Pavsek, Project . Engineer. He then noted the City decided how the dirt might be handled at a rather late date because it had been assumed the dirt was to be taken to Rose Park. When this did not work out, the decision was made to do some berm work on North 19th Avenue; however, the dirt is now gone and it is a moot point. Mayor Stueck said that, when the berming was first discussed with the Project 09-30-96 ----- __.. __ - .....".__.u"._.__ - 10 - Engineer, it seemed a good opportunity to take advantage of using some extra material to help out a neighborhood. The Mayor stressed that, when this sort of situation arises, he would like the Engineering Department to look at the situation and come up with ideas as to how to make the most of it, then bring ideas to the Commission in time to take advantage of the possibilities, . and perhaps save some money. He further noted Montana Power would not allow the City to increase the elevation under the power lines, probably from a safety standpoint. In response to Commissioner Frost, Mayor Stueck said curbing and guttering was shown on the plans for North 19th Avenue. Commissioner Frost feels that such improvements would provide a demarcation line for children playing in the area. City Manager Wysocki said he feels the City may be able to manage some slight berming on North 19th Avenue and Oak Street, and the matter would be looked at more carefully. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your . Information" items. (1 ) A reissued memorandum regarding the Waste Water Facilities Plan Update Status, from City Engineer Craig Brawner, noting the plan is on track; (2) Letter from Derek Strahn, Historic Preservation Officer, dated September 24, announcing the establishment of a pro bono internship program; (3) Letter from Claire Cantrell, Community Education Center, dated September 17, regarding Red Ribbon Week, to be held October 23 - 31; (4) Letter from Lynn Blowing, 316 North Plum, dated September 25. City Manager Wysocki noted this had already been forwarded to the enforcement officer; (5) A list of 1996 resolutions approved by the Legislation Committee of the League of Cities and Towns during its meeting on August 23rd; . (61 An invitation to view a Gary D. Bates sculpture, "Naomi's Whirlegig", on Sunday, October 6; (7) HOME FFY 1996 Application Summary, dated September 20, from the Montana Department of Commerce; 09-30-96 - 11 - (8) Agenda for the Gallatin County Commission, to be held on Tuesday, October 1 at 1 :30 p.m. in the Courthouse Community Room; (9) Announcement, dated September 26, from Carol Schott of the Development Review Committee, that there will be no meeting on October 1, 1996; . (10) Agenda for the Bozeman City-County Planning Board on Tuesday, October 1 at 7:00 p.m. in the City Commission Room at City Hall; (11 ) The City Manager submitted his weekly report, as follows. (1) Met with the Rae Water and Sewer Administrator and his engineers regarding problems with their treatment facilities. The City has sent them a letter saying we would not be able to help them because they are too far our, but some alternatives were discussed. (2) Met with the Chamber of Commerce's MSU Community Relations Committee and discussed their next event, the Homecoming, followed by the Banquet for Excellence. He noted they will also be choosing a business man and business woman of the year in conjunction with the Chamber. (3) Attended the Legislative meeting at the County. (4) Celebrated the City Attorney's and the Director of Public Service's birthdays. (5) Will be attending a Chamber of Commerce retreat tomorrow . morning. (6) Had a leak in the water line coming from Hyalite, which showed up earlier this summer, but could not be addressed until high water usage season ended, which is today. The City Manager noted the leak is in the area of the bend around Kirk Hill, and repairs will begin tomorrow. (7) Noted staff did a preliminary review of Rose Park which will be presented to the Recreation & Parks Board this Thursday. (8) Noted the Valley Unit Park playground is under construction. He notified the Commission that they might want to think about a dedication ceremony. He noted they are still trying to get some irrigation water flowing to the park. (12) The City Manager informed the Commission that Chris Williams is now a member of the Montana Bar and that he was honored at a reception that morning. . City Attorney Luwe welcomed Chris Williams to the bar, noting that Chris was properly served a Complaint by a member of the Police Department. (13) Commissioner Stiff expressed concern as to whether anyone would attend the Watershed: Gallatin educational workshop on October 11, since so many Commissioners will be out of town at that time. Commissioner Youngman noted Watershed: Gallatin is asking the City to cosponsor the workshop and asked that it be place on next Monday's agenda. 0 9-30-96 - 12 . ( 14) Commissioner Stiff expressed his dissatisfaction that the Final Report of Survey Results. Evaluating the Planning, Development and Design Review Process of the City of Bozeman was not on today's agenda. He was assured that it was on the agenda for October 14th and that the Planning Board will be invited. . ( 15) Commissioner Rudberg commended Commissioner Stiff on his position as Honorary Captain of the Hawks. ( 16) Commissioner Rudberg further announced that Planning Director Andy Epple will be part of a panel for a "Planning Montana" live program on KUSM tonight at 7 p.m. ( 17) Mayor Stueck stated that he and Commissioner Frost attended the dedication of the Wortman Trail on Saturday. Signing of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Public hearina - proposed Ordinance No. 1430 . extension of six-month moratorium on 62 submission and approval of conditional use permits for casinos . This was the time and place set for the public hearing on Ordinance No. 1430, approved by the City Attorney, entitled: ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE EXTENSION OF THE SIX.MONTH MORATORIUM ON SUBMISSION AND APPROVAL OF CONDITIONAL USE PERMITS FOR CASINOS WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUNDARIES OF THE CITY, ESTABLISHED BY EMERGENCY INTERIM ZONING ORDINANCE NO. 1419 Mayor Stueck opened the public hearing. No one was present to speak in support of or in opposition to adoption of the proposed ordinance to extend the moratorium on casinos. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission adopt Ordinance 1430, extending the moratorium on casinos for six months. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. 09.30-96 - -------- -.----.-- ------ - 13 - Commission Resolution No. 3148 - intent to amend the 1990 Bozeman Area Master Plan Uodate by revising the Plannina Board's sub-area clan for develocment within the North 19th Avenue/West Oak Street corridor: settina cublic hearina for 7:00 c.m. on Monday. October 7. 1996 Included in the Commissioners' packets was a copy of Commission Resolution No. 3148, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3148 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY REVISING THE PLANNING BOARD'S PROPOSED SUB-AREA PLAN FOR DEVELOPMENT WITHIN THE NORTH 19TH AVENUE/WEST OAK STREET CORRIDOR. Mayor Stueck noted that if it is the intent of the Commission to consider the new ADRP language, which it is assumed the Planning Board will submit as a recommendation at its meeting tomorrow night as a recommendation, the Commission must pass this resolution. The City Attorney concurred, noting the Commission's action might otherwise be subject to challenge based on the fact the pUblic was not allowed to speak on this substantial change. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that . Commission Resolution No. 3148 be adopted, stating the City's intent to amend the 1990 Bozeman Area Master Plan Update by revising the Planning Board's sub-area plan for development within the North 19th Avenue/West Oak Street corridor, and setting the public hearing for 7:00 p.m. on Monday, October 7, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Authorize Mayor to sian - General Proiect Develocment and Construction Agreement - between City and Montana Deoartment of Transoortation - CTEP Proiect No. STPE 1209 ( 1 ) - South 3rd Avenue Path City Manager Wysocki noted both he and Neighborhood Coordinator/Grantsperson Goehrung had spoken with Bob Spencer. One problem discussed was the 90 feet of right-of- . way, and the City Manager said he had explained to Mr. Spencer that this project would not go to that extreme and would miss the trees in question. Mayor Stueck said the City will trim the trees over the right-of-way. Commissioner Frost expressed his concern that people should be notified there is a possibility they could lose trees and shrubbery when they are planted in the right-of-way area. 09-30-96 .-. --.....--.---.-..--.------- ..------.--- ----.-.-----.-.. - 14 - In discussion of how to disseminate the information, Mayor Stueck suggested notices could be taken to each home since that might be more diplomatic than walking up to a homeowner and telling him he has plants in a right-of-way. City Manager Wysocki felt the notice might include a diagram showing a typical right- . of-way, and distanced behind the curb. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Mayor be authorized to sign the General Project Development and Construction Agreement between the City and Montana Department of Transportation for the South 3rd Avenue path. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Authorize aoorooriate sianatures on Headwaters CooDerative Recvcling Proiect Aareement Responding to Mayor Stueck, the Commissioners indicated they were comfortable with the level of funding involved in this project. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the appropriate signatures be authorized on the Headwaters Cooperative Recycling Project Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Adiournment - 5:10 C.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and . Mayor Stueck; those voting No, none. 09-30-96 _____ n_____"... ...,...~._..~..._. "" - - 15 - ( OC/h L /)~~o-~ DON E. STUECK, Mayor . ATTEST: bzl//aPt ~ h(a#u~ ~ GilLIAN Z. ERLANDSON Deputy Clerk of the Commission . . 0 9-30-96