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HomeMy WebLinkAbout1994-03-28 ccm ~ -..:- -- .- ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 28, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 28, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, 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 - March 14. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of March 14, 1994, be approved as submitted. The motion . carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Reauest for Dermission to address Commission ra curfew - Vicki Cain Included in the Commissioner's packet is a letter from Vicki Cain, dated March 3, 1994, addressing the issue of curfew enforcement in the City of Bozeman. Also included in the packets was a copy of Sections 9.80.010 and 9.80.020 of the Bozeman Municipal Code, pertaining to this issue. Ms. Vicki Cain stated that she and Ms. Leslie Halko, as concerned parents in Bozeman, have been studying this issue. She noted the amount of juvenile crime and . delinquency that has been occurring recently, suggesting that enforcement of the curfew could help to alleviate some of those problems. She stated it is not good for youth to be out during the late night hours, when there's nothing going on. Enforcing the curfew would help to stop the criminal mischief and protect the community and its children. Also, enforcement of the curfew could help reinforce what parents may be trying to do at home. 03-28-94 /' - 2 - Ms. Cain stated she has gathered information and statistics from other cities around the United States, with some of those communities being similar to Bozeman and others being larger. She cited Phoenix, Arizona, as an example of a successful curfew law. She noted that in that community, citations are handled through the City Court, with escalating fees for each . offense. Ms. Cain stated that she has a copy of Bozeman's current curfew law. She noted that from personal experience and from conversations with other parents, enforcement of this law could be beneficial. She also suggested that the law should be revised, to place more accountability on the juvenile, and possibly to raise the age limit from 16 to 18 years of age. Ms. Leslie Halko stated that enforcement of the curfew would protect the youth from each other and from adults. She noted that it would also provide protection for the community, through a decrease in juvenile crimes. She also noted the importance of increased parental responsibility for those parents who are not taking responsibility and providing reinforcement for those parents who are trying. She stated that without enforcement of the curfew, there is no way a parent can control an out-of-control youth and curb his self-destructive behaviors. . She expressed concern that at the present time, there is no legal recourse to hold young people at home. Commissioner Stueck asked how the curfew law is to be publicized, except for possibly through the school system. Ms. Halko responded that they had not considered that item. She noted, however, that they would be willing to work with the City, possibly through a committee format, to address that issue as well as any others pertaining to the curfew. Responding to Commissioner Stueck, Ms. Cain stated that she talked to the Sergeant at the Police Department; and he indicated an interest in enforcing a curfew law. She noted that in Phoenix, the Mayor initiated the curfew; and, while the police officers were opposed initially, they soon became very supportive of the curfew because of the decrease in criminal . activity. She noted that under that program, the youth are taken to the police station; and the parents are then called in the middle of the night to come get their child. Mayor Vincent suggested that Ms. Cain and Ms. Halko forward any suggestions for change to the City Manager or the Clerk of the Commission, with those suggestions then being forwarded to the Commission for consideration. He noted that since this involves a change to 03-28-94 - - 3 - an ordinance, the Commission may determine that it would be beneficial to conduct a public hearing on the proposed changes. City Manager Wysocki stated that City Attorney Luwe has already begun a review of the City's curfew law, because of the need to separate the curfew provisions from the loitering . provisions. He then asked that any information be submitted to him or the Chief of Police for their review. Responding to Mayor Vincent, Ms. Halko stated they have no statistics based on actual citations, only from their personal observations, reading the newspaper and listing to Mr. Dave Gates, Youth Probationary Officer, speak. Mayor Vincent suggested that a review of the recently-published 1993 report from the Chief of Police could provide some helpful statistical information. He asked that they review that report, to ensure that the concerns they have expressed can be statistically supported. City Attorney Luwe stated he is in the process of researching this issue and has been in contact with the Chief of Police. He noted that he will review any information submitted to . the City Manager while preparing revisions to the curfew ordinance. The Commission thanked Ms. Cain and Ms. Halko for their presentation. Commission Resolution No. 2965 - revising the City's policy re installation of sidewalks City Manager Wysocki presented Commission Resolution No. 2965, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2965 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE POLICY GOVERNING THE DESIGN, IMPLEMENTATION, CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN THE CITY OF BOZEMAN. MONTANA. The City Manager noted that, included in the Commissioners' packets was a memo . from City Engineer Craig Brawner, dated March 22, 1994, forwarding the final revision of the City's Sidewalk Policy. He reminded the Commission that this revision has been in process since last August and recommended that they adopt the resolution at this time. Commissioner Frost requested that two typographical errors be corrected in Exhibit "A": Line 6 on Page 6 - change "public right" to "public right-ofRway"; and Page A-1 - under 03-28-94 - 4 - B. Public Need, No.5, list the points behind the blank to make it consistent with the remainder of the document and correct the alignment. City Attorney Luwe noted that Section 3.4, on Page 4. references Sections "3.5.1 and 3.5.2"; and those references should be to "3.4.1 and 3.4.2". . Commissioner Stueck stated approximately 95 percent support for the policy; however, he still has a problem with the fact that the policy does not allow for a majority of residents in a subdivision to petition for non-installation of sidewalks. He emphasized that under this proposal, safety issues would take precedence. He suggested that language be added to Section 3 which would allow residents in specific areas the opportunity to address the Commission regarding their concerns and desires. City Manager Wysocki noted that, while a public hearing is not mandated by State statute, in the past the Commission has conducted a public hearing prior to ordering in the sidewalks. Also. under this policy, a public hearing is required prior to finalization of the annual sidewalk program. Commissioner Frost stated his support for the revised sidewalk policy. He noted that, . somebody will always be unsatisfied with the rating criteria; however. he noted that those areas with the lowest need for sidewalks will not be required to install sidewalks for several years. He characterized this as a very good policy; and he likes the revised format. He also noted that the rating criteria will provide for more objective ranking of sidewalks for installation. He stated that he is a firm believer in sidewalks for all members of the community, particularly since they provide one of the main sources of transportation in the community. Commissioner Youngman stated her general support of the revised sidewalk policy. She noted that including traffic volumes in the rating criteria would be beneficial. City Engineer Brawner stated that some credence is given to traffic volume through the points assigned to arterial. collector and local streets. He indicated that if the Commission wishes, a point spread could be included to recognize different traffic volumes; however, he . suggested the current rating criteria will probably be adequate. Mayor Vincent noted that some local streets carry substantially more traffic than others; and knowing the traffic volumes on those streets could be beneficial when considering the prioritization of sidewalks for installation in any given year. Commissioner Stiff stated he is comfortable with the policy as submitted. 03-28-94 ~ 5 ~ Mayor Vincent stated that he still believes there are some residential streets in Bozeman which currently do not have sidewalks and really don't need sidewalks. He stated that he, like many of the other Commissioners, has a 95-percent level of support for the revised sidewalk pOlicy because of that. He noted that with the rating criteria and the requirement for . a public hearing before establishing a sidewalk installation program, he feels that his concerns can be adequately addressed. Commissioner Frost stated he recognizes that the sidewalk policy is not a perfect document. He stated that if sidewalks had been required when subdivisions were built, many of the problems which the Commission has addressed in the past four years would have been eliminated. He stated that if the Commission continues to require the installation of sidewalks in all new subdivisions and requires the annual installation of sidewalks in those subdivisions without sidewalks, hopefully, in a few years, all of the problems being faced now will be eliminated. Commissioner Youngman stated she feels it is important for the Commission to take a proactive role in the installation of sidewalks. She stated that revisions to this document . have been responsive to the public comment received. Commissioner Stiff noted that each of the Commissioners is uncomfortable with some portion of the policy; however, he will support its adoption. Mayor Vincent stated he feels that with the flexibility in the policy and the willingness of the Commission to listen to public comment, he feels this policy is a good one. He also noted that the policy can be brought back for revision if it is not functioning as anticipated. Commissioner Stueck stated he has no problem with requiring new subdivision to install sidewalks. He stated, however, that he still feels that in existing subdivisions where public safety is not an overriding factor, there should be the ability for the Commission to not require sidewalks. It was moved by Commissioner Stiff, seconded by Commission Stueck, that the . Commission adopt Commission Resolution No. 2965, revising the City's policy regarding the design, implementation, construction and repair of sidewalks within the City, as amended to accommodate the "housekeeping" changes listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. 03~28-94 - 6 - Reauest from residents in Figgins Addition requestin9 that sidewalks alono cul-de-sac streets be removed from the sidewalk installation order issued last summer Included in the Commissioners' packets was a copy of the letter from Mr. Dennis Hoeger, 415 West Henderson, and Mr. Tom Anacker, 422 West Henderson, dated March 21, 1994, written on behalf of the Figgins Subdivision property owners who had petitioned the . Commission to reconsider Commission Resolution No. 2922. City Manager Wysocki reminded the Commission that under Commission Resolution No. 2922, the deadline for installation of sidewalks was October 15, 1993; and on August 2, 1993, the Commission extended that deadline to June 1, 1994, at the request of some of those involved in the district. He further reminded the Commission that the 1993 sidewalk program is subject to the provisions of the former sidewalk policy; however, he noted that the new policy also still requires the installation of sidewalks on permanent cul-de-sac streets. Mr. Dennis Hoeger noted that some of the issues raised in the previous agenda item are pertinent to this item, particularly those regarding traffic volumes and safety issues. He noted that many of the subdivisions in that general area were installed without sidewalks; and public safety has not been compromised to date. He then stated he feels that the sidewalk e policy should be flexible; and he does not believe that flexibility exists in the new policy. Mr. Hoeger reminded the Commission that after the sidewalks were ordered in last summer, residents along the cul-de-sac streets in Figgins Addition petitioned to be excluded from Commission Resolution No. 2922, which ordered those sidewalks in. He noted that their request was also that the issue be considered in light of the new policy adopted in the above agenda item, particularly since their request is what prompted review and revision of the sidewalk policy. He stated that just a few weeks ago, all of the residents along the streets listed in Commission Resolution No. 2922 received reminder notices that sidewalks are to be installed by June 1. He stated that through the entire process, he has thought that the cul-de- sac streets in Figgins Addition would be exempted from that order. He stated that if the . property owners are, indeed, going to be required to install sidewalks, they will need additional time, particularly in light of the current construction activity in the community. Mr. Hoeger concurred that public safety should be the No.1 issue when prioritizing the installation of sidewalks in existing subdivisions; and he does not believe that safety is a factor on the cul-de-sac streets. He then forwarded his disagreement with the City Engineer, 03-28-94 - 7 - stating he does not believe that sidewalks are needed in front of every house in town. He also stated that if the subject cul-de-sac streets in Figgins Addition are required to install sidewalks, as previously ordered, then the three cul-de-sac streets which were not ordered in should be required to install them as well. . City Manager Wysocki reminded the Commission that when the petition was originally submitted, the comments forwarded were to the effect "if we have to do it, everybody else should have to do it." He further reminded the Commission that one extension of the deadline has been granted, and that they have previously reaffirmed the program as contained in Commission Resolution No. 2922. Commissioner Frost noted that other streets in Figgins Addition and North 21 st and North 22nd Avenues were included in the program as well as the cul-de-sac streets under discussion. He noted that the extension to June 1, 1994 was granted because people were unable to get contractors who could install the sidewalks by the October 15, 1993 deadline, due in large part to the heavy construction season. He stated that he believes the policy of requiring sidewalks everywhere is a valid philosophy. He noted that neighborhoods change; . and just because sidewalks may not be critical to ensure safety now, they may be needed in the next few years. Commissioner Youngman stated she has just spent five days caring for a small child on a cul-de-sac street; and she now recognizes the importance of the consistent installation of sidewalks for small children. She stated that, while she had previously thought it may not be necessary to install sidewalks in cul~de-sac areas, the confusion she noted when a child reaches the end of a sidewalk is critical and must be addressed. Responding to Commissioner Stueck, the City Manager stated that the City has not acquired the right-of-way along the three cul-de-sac streets in Figgins Addition--Cutting, Morrow and Spring Creek--to allow for the installation of sidewalks along those streets. Commissioner Stueck stated it is impossible for those residents of the cul-de-sac . streets along which sidewalks have been ordered to get those sidewalks installed by June 1. He then stated a willingness to extend the deadline for installation of those sidewalks to the deadline for installation of sidewalks along the three cul-de-sac streets which have not yet been ordered in. 03-28-94 - 8 - City Manager Wysocki stated the deadline was set at June 1. 1994. so the City's contractor would have adequate time to get the remaining sidewalks installed during this construction season. Commissioner Frost stated he had requested that the extension from October 15. . 1993, be placed on the agenda because of phone calls he had received from individuals who were unable to hire a contractor to have the work done by that date. Responding to questions from Mayor Vincent, City Engineer Craig Brawner stated that the consulting engineer has mailed reminder notices to all of those who have not yet installed sidewalks, with a detachable slip at the bottom to be returned, indicating whether they intend to install their own or have them installed under the City contract. He stated the original intent was to have the contracts ready for bidding on June 1, so the contractor could begin immediately after the deadline; however, that timeline is slipping. He emphasized the importance of having the sidewalks completed this construction season, rather than allowing it to slip yet another construction season. Mr. Dennis Hoeger stated that, had he thought that he would be required to install . the sidewalks as ordered, he would have done so last summer; however, he thought their request for reconsideration would result in a change in the sidewalks ordered for installation. Commissioner Frost stated he is not in favor of the extending the deadline, because he feels this is a safety issue that must be addressed. Commissioner Stueck stated he is in favor of extending the deadline for only the cul- de-sac streets in Figgins Addition. Commissioner Youngman stated she does not feel that a portion of the streets along which sidewalks were ordered can be exempted from the deadline. She suggested, however, it might be appropriate to allow people a little more time if the real point is to ensure that the sidewalks are installed this construction season. She asked if people could be required to show proof, by the deadline, of an arrangement to have the sidewalks installed this construction . season rather than requiring actual installation by June 1. City Engineer Brawner stated that is a possibility. He noted that, to date, they have received responses from approximately 50 percent of the letters mailed, except for the cul-de- sac streets, where response is approximately 25 percent. City Manager Wysocki suggested an option is to require that the response form 03-28-94 -- . - .. - 9 - submitted by the consulting engineer or a letter be submitted by May 1, indicating whether a property owner plans to install his own sidewalk, accompanied by a letter from a contractor stating a commitment to install the sidewalk by August 1. The consulting engineer could then prepare the contract documents, omitting.those sidewalks for which commitments have been . received, with the contract to be awarded by August 1. This would allow the contractor to complete the sidewalks prior to the opening of school at the end of August. If any sidewalks for which commitments have been received are not installed by that time, they could be added to the program via change order. Responding to Mayor Vincent, the City Manager estimated that acquisition of right-of- way along the three cul-de-sac streets will take one to three years. He then suggested that, because of the potential for extraordinary costs, the three cul-de-sac streets should be the subject of a separate sidewalk installation order. Ms. Mary Lou Aicher stated she lives at the corner of Henderson and Langohr. She stated that she has no problem with the installation of sidewalks on the through streets. She noted, however, that she does not feel it is appropriate that they be required to install the . sidewalk on the cul-de-sac street until they know whether the other three cul-de-sac streets will be required to install sidewalks. The City Manager reminded the Commission that the order for the 1993 Sidewalk Program does not include Cutting, Morrow and Spring Creek Drives; and any action taken at this time pertains to only those streets involved in the 1993 program. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission allow property owners under the 1993 Sidewalk Program to submit letters of commitment to install sidewalks by August 1 , to the City Engineer's office by no later than May 1, 1994, thus extending the deadline for installation of those sidewalks from June 1 to August 1, 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and . Mayor Vincent; those voting No, none. Commission discussion - transDortation plan project for installation of cul-de-sac on North 2Q1b. Avenue at the south side of West Beall Street Included in the Commissioners' packets was a copy of TSM NW7 - North 20th 03-28-94 - 10 - Avenue (Durston Road to West Main), as contained in the Bozeman Urban Transportation Plan 1993 Update prepared by Robert Pecci a & Associates, Inc. Also the Commissioners had received copies of information on the temporary closure of North 20th Avenue at mid-block between West Beall Street and Durston Road, from the "Concerned Residents of North 20th". . Mayor Vincent stated this discussion will be limited to the Commission at this time, with no public comment being received. Commissioner Stueck stated Commissioner Stiff's comments at last week's meeting were interesting. He noted that, in light of those comments and the information received from the residents along North 20th Avenue, he feels a lot of the problem is resulting from the traffic in Brentwood Subdivision. He also noted the number of signatures that have been received on petitions regarding the traffic problems in that area; and it is important to address them. He also noted that many of the residents in the area attended the Recreation and Parks Advisory Board meeting at which the proposed design for a cul-de-sac on North 20th Avenue at the south side of West Beall Street was reviewed; and many concerns regarding the safety of children playing in the park were voiced. . Commissioner Stueck stated that, because of the concerns raised, he spent a considerable amount of time driving around the entire area to review traffic patterns and parking patterns. He noted that with the way people park on North 20th Avenue, south of West Beall Street, he feels there is great potential for even more safety problems. He stated that, rather than addressing just the North 20th Avenue issue, all of the streets in that immediate area should be taken into consideration. He characterized those problems as being directly related to the growth which the community is encountering. He then stated an interest in reopening the issue. Commissioner Frost stated he feels that the original problem did pertain to North 20th Avenue; and he finds it interesting that the problem has been moved to North 21 st Avenue and North 22nd Avenue. He emphasized the importance of tying the neighborhood back together; . and he does not believe that would be accomplished by reopening North 20th Avenue; He stated that the installation of the cul-de-sac as proposed would accomplish that. He noted that vehicles would still have the capability of using North 19th Avenue, which was designed as an arterial to accommodate substantial amounts of through traffic. He then suggested that installing traffic control devices, such as stop signs on North 20th, North 21 st and North 22nd 03-28-94 -- - 11 - Avenues at West Beall Street, might encourage motorists to use North 19th Avenue instead of those neighborhood streets. Commissioner Youngman stated that, while this Commission cannot reopen all actions by the previous Commission, she feels that since the whole neighborhood has mobilized, this . issue must be addressed. She noted that development along Durston Road and on the north side of Durston Road has created a change in this area; and she feels that should be taken into consideration. Commissioner Youngman also noted that development of the commercial lots just north of Western Federal Savings will further impact traffic patterns in the area, particularly since their access is from North 20th Avenue only. She recognized that a cul-de-sac might be the best answer; however, she suggested the possibility of considering a four-way stop first. City Attorney Luwe reminded the Commission that a public hearing was held prior to installation of the temporary barricade on North 20th Avenue. He cautioned that to implement the proposed installation of a cul-de-sac on the south side of West Beall Street, the Commission must either act on a petition for closure of the street, signed by a majority of the affected . property owners, or go through the street vacation process. He noted that in either instance, a public hearing is not required; however, the Commission may wish to hold one. Commissioner Stiff stated that he has reviewed the transportation plan once again, in light of this issue. He noted the plan indicates that the volume of traffic on Durston Road will be reduced by approximately half with the extension of North 19th Avenue to the interstate and the extension of West Oak Street from North 7th to North 19th Avenue. The extension of North 19th Avenue is scheduled for completion this fall; and construction of West Oak Street is scheduled for completion next summer. He then stated that, given the changes in the roadway system and the development which is occurring in that general area, he is concerned that the computer projections may not be accurate. Commissioner Stiff noted that the Engineering staff is concerned about the liability . the City may incur with the temporary barricade on North 20th Avenue. He noted he is also concerned about the liability that may be incurred if the proposed cul-de-sac is installed and the parking lot at Town and Country Warehouse Grocers becomes a street. He then suggested that the Commission not take any action on this transportation project until after North 19th Avenue and West Oak Street have been constructed. 03-28-94 - 12 - Commissioner Stiff emphasized that the traffic problems in that area are not just limited to North 20th, North 21st and North 22nd Avenues, but extend to North 17th and North 18th Avenues as well. He reiterated his observation that many of these problems are created by the complications of trying to move on Durston Road. . Responding to Mayor Vincent, the City Attorney indicated that the Commission can conduct a public hearing on whether or not a cul-de-sac should be installed at the south edge of the West Beall Street right-of-way. He reminded the Commission that this process would be initiated either through reaction to a petition for closure from the affected property owners or through the street vacation process. He noted that the affected property owners would be those owning property which fronts on North 20th Avenue between West Main Street and West Beall Street, and the Commission does not have a petition signed by those individuals; therefore, it would probably be necessary to follow the street vacation process. He further reminded the Commission that under the street vacation process, one-half of the right-of-way reverts to each of the adjacent property owners. Commissioner Frost stated the City has a closed street; and he is not comfortable . with a closed street. He stated his interest in seeing the temporary barricade removed as soon as possible; but he also feels its removal must be tied to installation of the cul-de-sac. Commissioner Youngman stated an interest in receiving a staff report on the possibility of installing a four-way stop at the intersection of West Beall Street and North 20th Avenue. She suggested this is a less drastic measure that could help to slow the traffic from all directions and create a safer situation. Commissioner Stueck stated concurrence with Commissioner Youngman's comments. He also stated his interest in seeing no truck traffic allowed on North 20th, 21st, 22nd and 23rd Avenues, since they are neighborhood streets, and suggested the installation of "No Through Truck Traffic" signs at both Durston Road and West Beall Street on those avenues. Mayor Vincent suggested that consideration of four-way stops and truck traffic . restrictions should be addressed in conjunction with consideration of a cul-de-sac. He stated the primary issues to be considered are safety and neighborhood integrity. He noted the number of petitions which the Commission has received, with signatures of residents as well as people who live away from that area but may frequent those streets. He cautioned that prohibiting truck traffic on those streets would lead to a substantial load on law enforcement; 03-28-94 - 13 - and he is not certain the existing pOlice force can adequately enforce it. Mayor Vincent stated it is clear that a public hearing will be held some time on the issue of installing a cul-de-sac before a final decision is made. He suggested that additional information is needed before it can be determined when that public hearing should be held. . Commissioner Stueck asked if the temporary barricade will be removed, at least for a month or two, after the four-way stop is installed and no truck traffic signs posted to determine if they are effective. Mayor Vincent expressed concern that a neighborhood street--and he views North 20th Avenue as a neighborhood streethtends to serve as a collector or an arterial, after a period of time the property values will fall and that street will degenerate. He noted that compromises the quality of the neighborhood not only on that street but on adjacent streets as well. He characterized this as a neighborhood issue; and must be addressed as such. He emphasized the importance of exploring various possibilities of protecting the integrity of the neighborhood. City Manager Wysocki indicated that staff will review the possibility of installing a four-way stop at the intersection of North 20th Avenue and West Beall Street and prohibiting . truck traffic on North 20th, North 21st, North 22nd and North 23rd Avenues. He also indicated that, if possible, staff will prepare a comparison of those options to the installation of a cul-de-sac. Mayor Vincent noted that realignment and signalization of the West Main Street/West Babcock Street/South 23rd Avenue intersection and the high volume of traffic at that intersection could dramatically impact the intersection of North 20th Avenue and West Main Street. He suggested that issue should also be considered when addressing the proposal for installation of a cul-de-sac. Mayor Vincent requested that staff respond to the questions and issues raised as soon as possible. . ADpointments to the hoc committee to review cable television franchising oDtions Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated March 24, forwarding the list of ten applications received for the ad hoc committee to review cable television franchising options. Commissioner Youngman noted the specific categories which had been established 03-28-94 - 14 - to ensure diversity on the committee and the applicants listed under each. She suggested that some of those applicants fit more than one category and would not necessarily need to be appointed to the category under which they are listed. Commissioner Frost stated he feels that the list of applicants is a good one, except . for Mr. Branton. He expressed concern about having the manager of the business with which the City would possibly be negotiating a franchise agreement serving on the committee to determine what should be included in that agreement from the City's viewpoint. He then suggested that Commissioner Youngman be appointed as the Commissioner Liaison to this committee. Commissioner Youngman noted that meetings of the committee will be open to the public; and any interested person will be able to attend and participate in any of those meetings. She then stated her preference for avoiding appointment of ex officio members to the committee, but allowing those individuals who would have strong potential for conflicts of interest to address the committee as a member of the public. City Attorney Luwe stated it is unusual to have a person serving on a committee that . is determining whether to negotiate an agreement and items to be included in that agreement. He concurred with Commissioner Youngman that the meetings of the ad hoc committee will be open to the public, and suggested that Mr. Branton should probably be used extensively as a resource person for the committee rather than as a member of the committee. Commissioner Stiff stated this discussion demonstrates why he is concerned about the conflict of interest issues. He noted his interest in having a committee like before, which was very diverse and included a representative from the industry. Commissioner Youngman stated an interest in appointing these applicants today, with the understanding that more individuals can be appointed later to bring the committee to full strength. Following some additional Commissioner discussion, Mr. Don Branton stated he can . understand the Commissioners' concerns about appointing him to the committee in any capacity. He noted that the committee's function is to determine whether or not to enter into a franchise agreement and forward a recommendation to the Commission for action. He stated that as long as the meetings are open to the public, he is willing to attend those meetings and to respond to technical questions from the committee members and provide input as needed. 03-28-94 - 15 - He then characterized his view of this issue as the City and TCI working together rather than one of animosity. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint the following to the ad hoc committee to review cable television . franchising options: Education (2 or 3) Shaun Gant Elizabeth Healy Media and technology experts (4) Lynne Merrick Daniel J. Smith Jim Vernon Eleanor Wend Business community (2) Community groups (1 or 2) Interested consumers (2 to 4) Beverly H. Knapp J. Rodger McCormick Erik Noel Nelsen The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that Commissioner Youngman be appointed to serve as Commissioner liaison on the ad hoc committee to review cable television franchising options. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your . Information" items. (1 ) Excerpt from Water Supply Outlook report, dated March 1, 1994, as prepared by the Soil Conservation Service. (2) Petition submitted by Gerald R. Schroeder, 310 North 21st Avenue, opposing permanent closure of North 20th Avenue. 03-28-94 - 16 - (3) Letter from Gerald R. Schroeder, 310 North 21st Avenue, dated March 24, forwarding his analysis of the information submitted during the public hearing regarding installation of a temporary barricade on North 20th Avenue. (4) Letter regarding the request to connect the Fort Ellis Leisure Community to . City water and sewer services, submitted by Dean Johnson, 621 Canary Lane. (5) Copy of a letter from James Goehrung, Neighborhood Coordinator/ Grantsperson, dated March 28, thanking the Senior Class at Manhattan Christian High School for their contribution toward the Interfaith Housing effort. (6) Copy of a letter to the School District from the Planning Board, dated March 25, regarding the middle school site. Mayor Vincent noted that the new middle school site will create a reverse traffic flow, particularly in the morning. He expressed concern that this could result in a greater impact on the neighborhood streets on the south side of the community because people will have an even harder time getting onto South Willson Avenue. (7) Letter from Robert and Carol Flaherty, 416 West Arnold Street, dated March . 27, regarding sidewalks in Figgins Addition. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. and 1 :30 p.m. on Tuesday, March 29, along with daily minutes for the weeks of February 28, March 7 and March 14, 1994. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 29, at the Carnegie Building. (10) The City Manager noted that the Commissioners have received a letter from Tim Dean, dated March 24, regarding the increase in building permit fees. He then distributed to the Commission a memo from Planning Director Epple, dated March 28, along with a copy of the article he had written for the March edition of the SWMBIA Newsletter. The City Manager stated that the memo from the Planning Director indicates that only . the table in the 1991 edition of the Uniform Building Code will be implemented at this time. He noted this fee schedule, which represents a 27-percent increase in fees, should have been implemented along with adoption of the new code, but is being implemented as of April 1 this year. He noted that the change in valuation will not occur at this time, but will be considered at a later date, probably during the budgetary process. 03-28-94 -- - 17 - (11 ) The City Manager submitted his weekly report, as follows. (1) Met with a representative from the Fish, Wildlife and Parks regarding the Bozeman ponds, at which time he indicated the City is not interested in ownership of that property. He then noted a service club is interested in doing something with the ponds. (2) Noted that proposals for a new . telephone system are due at 5:00 p.m. on Monday, April 4. (3) Stated that staff has done some street patching as weather allows. (4) Participated in an interview at KMMS with Planning Director Epple and Director of Public Service Forbes. He noted that growth issues and funding of the transportation plan, possibly through a GO bond, were discussed. (5) Noted that the Recreation and Parks Advisory Board has repeatedly expressed its non-support for the sale of items in the parks, except through the Farmers' Market and Sweet Pea. He noted that the Board has expressed is displeasure with the Commission's action to allow the Humane Society to sell items in the park, and reaffirmed its policy, which dates back to 1990. (12) The City Manager stated that he met with Mr. Richards, Planned Development, Inc., regarding the Fort Ellis Leisure Community. He noted Mr. Richards seemed relatively receptive to the idea of establishing an escrow account to fund a future impact fee. . The City Manager also indicated that he has discussed this proposed development with the Fire Chief of the Fort Ellis Volunteer Fire Department; and he has expressed some concerns about the impacts this project may create on his department. He stated that Mr. Richards indicated it is not possible to develop an on-site sewer system that could be converted to the City's system through a simple tie on; and it may be beneficial to consider extending the water services to ensure adequate fire protection. ( 13) Commissioner Frost submitted the following. (1) Attended a meeting of the downtown improvement district steering committee on Monday morning. (2) Attended the Downtown Bozeman Association meeting on Tuesday morning. He noted that Chief Boyer was in attendance; and discussion included the curfew and loitering. He stated that damage from reported vandalism in the downtown area, primarily on East Main Street, totaled $15,500 for . 1993 and 1994. (14) Commissioner Frost announced that on Friday afternoon, he and Mayor Vincent attended a meeting of several agencies to discuss the homeless issue. He noted that providing a shelter is not economically feasible in Bozeman, due in large part to the cost of a facility. He cited some of the problems which are being encountered with the homeless, some 03-28-94 - - 18 - of those problems due to changes in federal programs. He then indicated that, as a result of the meeting, it appears that those who provide services to the homeless will develop a listing of who provides what, so the community can more adequately respond to the needs of the homeless. . ( 15) Commissioner Youngman submitted the following. (1) Attended the Planning Board meeting last week. (2) Stated she has received a letter from the City of Three Forks regarding the possibility of having land available for affordable housing projects. She noted that she had suggested they contact the HRDC; and they have. (3) Stated she has received a letter from the Human Resource Development Council indicating that HUD has increased the fair market values in Bozeman. She noted that, while the HRDC did not receive the full amount of the increase they had requested, the rates are substantially better. She cited as examples, the two-bedroom rate has increased from $436 to $523; and the three-bedroom rate has increased from $562 to $674. (16) City Attorney Luwe stated the bond purchase agreement and other paperwork for the $1.1 million Limited Obligation First Mortgage Revenue bond issue for the . MSU Foundation was just received this morning and is available for review in the Clerk's office. He then indicated that Mr. Mike McCall, attorney for this bond issue, has requested an opportunity to address the Commission at next week's meeting; and signing of papers to close the bond issue has been set for next Tuesday. (17) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, noting it includes five public hearings. Mayor Vincent requested that when the Commission has a heavy public hearing schedule, the afternoon agenda be kept as light as possible. He noted the importance of breaking the meeting by 5:30 p.m. when entering a 7:00 p.m. public hearing session. (18) Mayor Vincent submitted the following. (1) Noted that in Mr. Schroeder's letter, he provides an analysis of the figures which Mrs. Gould had presented in the public . hearing for closure of North 20th Avenue. He also indicates that Mrs. Gould's figures are incorrect and that Engineering Technician Andy Kerr has agreed with his figures. He then asked that the City Engineering staff review those figures and determine if any flaws exist. (2) Stated he will be interviewed at KMMS at 3:00 p.m. on Wednesday. He noted that all interested Commissioners are invited to participate in these interviews, on a rotation basis, for 03-28-94 - - 19 - approximately five minutes on anything they want to talk about. Commissioners Frost and Youngman stated interest in participating; Commissioners Stueck and Stiff indicated they were not interested. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Clean Up Bozeman Day" - ADril 9. 1994 Proclamation - "National Design/Drafting Week" - Aoril 26-29. 1994 Proclamation ~ "Arbor Day" - April 30. 1994 Proclamation - "Bike to Work and School Week" - May 8-14. 1994 Commission Resolution No. 2966 - intent to create Speciallmoroyement District No. 659 - Daving and storm drains - North 19th Avenue from West Oak Street to Baxter Lane COMMISSION RESOLUTION NO. 2966 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 659 FOR STREET IMPROVEMENTS FOR THE CONSTRUCTION, INSPECTION AND . ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,690-FOOT PORTION OF NORTH 19TH AVENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 2967 - Droviding for the final acceptance and approval of a bond Durchase agreement for the ourchase of $1. 1 million Limited Obligation First Mortgage Revenue bond issue for the MSU Foundation. Inc.: authorizing all other necessary actions in coniunction with bond issue COMMISSION RESOLUTION NO. 2967 A RESOLUTION PROVIDING FOR THE FINAL ACCEPTANCE AND APPROVAL OF A BOND PURCHASE AGREEMENT FOR THE PURCHASE OF LIMITED OBLIGATION FIRST MORTGAGE REVENUE BONDS OF THE CITY OF BOZEMAN, MONTANA DESIGNATED AS THE CITY OF BOZEMAN, MONT ANA LIMITED OBLIGATION FIRST MORTGAGE REVENUE BONDS (MONTANA STATE UNIVERSITY FOUNDATION, INC. PROJECT), SERIES 1994; AUTHORIZING THE ISSUANCE, EXECUTION AND DELIVERY OF . SAID BONDS IN THE PRINCIPAL AMOUNT OF .1,100,00.00 AS DESCRIBED HEREIN; AUTHORIZING THE lOAN OF THE PROCEEDS OF THE BONDS TO THE MONTANA STATE UNIVERSITY FOUNDATION, INC., A MONTANA NON-PROFIT CORPORATION, TO PROVIDE FOR THE PERMANENT FINANCING OF THE PROJECT, AS DESCRIBED IN THE PROJECT LOAN AGREEMENT PERTAINING TO THE PROJECT; AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF SAID PROJECT LOAN AGREEMENT AND THE INDENTURE OF TRUST PERTAINING TO THE PROJECT AND THE BONDS; AUTHORIZING THE PLEDGE AND ASSIGNMENT PURSUANT TO SAID PROJECT LOAN 03-28-94 ._".~ - 20- AGREEMENT AND INDENTURE OF THE LOAN PAYMENTS AND OTHER AMOUNTS DERIVED THEREFROM TO THE TRUSTEE FOR THE BENEFIT OF HOLDERS OF SAID BONDS; APPOINTING THE TRUSTEE AND REQUESTING SAID TRUSTEE TO AUTHENTICATE SAID BONDS; AUTHORIZING INVESTMENTS BY THE TRUSTEE; AUTHORIZING THE ASSIGNMENT OF THE CITY'S INTEREST IN THE PROJECT LOAN AGREEMENT TO THE TRUSTEE PURSUANT TO SAID INDENTURE; AUTHORIZING AND APPROVING THE FORM OF THE LOAN AGREEMENT, . THE FORM OF THE INDENTURE OF TRUST, THE FORM OF THE OFFICIAL STATEMENT WITH RESPECT TO THE BONDS AND THE OTHER OPERATIVE DOCUMENTS, INSTRUMENTS CERTIFICATES PERTAINING TO THE PROJECT AND TO BE DELIVERED IN CONNECTION WITH SAID BONDS; AUTHORIZING ALL OTHER NECESSARY ACTION PERTAINING TO THE BONDS AND SAID DOCUMENTS AND INSTRUMENTS AND CERTIFICATES; AND REPEALING ANY PROCEEDINGS OF THE COMMISSION INCONSISTENT HEREWITH. Acknowledge receipt of request for annexation - Elden Chang for Yelew Builders. Inc. - 3.557-acre tract known as Tract A of COS No. 573. located in Section 13. T2S. R5E. MPM (east of South 19th. west of Willow Way. north of Kagy. south of Lincoln Avenue): refer to staff Authorize City Manager to sign ~ water and sewer easements across Lot 3A. Valley Unit Subdivision. Phase I (new USDA buildina) - Wayne Paffhausen Authorize City Manager to sign - urban boundary maps for Montana DeDartment of Transportation . Claims It was moved by Commissioner Youngman, seconded by Commissioner Stiff, 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 Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Adjournment - 6:20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the meeting be . adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. 03-28-94 -- - 21 - ~r4 - J . ATTEST: ~d~ ROBIN L. SULLIVAN Clerk of the Commission . ~ . 03-28-94 ---------