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HomeMy WebLinkAbout1993-09-27 ccm >' ~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 27, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 27, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - September 20. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 20, 1993, be approved as amended. The motion carried by .he following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff" Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Reauest for permission to address Commission re naming a portion of the Gallaaator Linear Park the" MSU Centennial Trail" - David Penwell City Manager Wysocki stated that Mr. Penwell has requested an opportunity to address the Commission. Mr. David Penwell stated that at the beginning of 1993, which is MSU's centennial year, he was appointed chairman of the committee for the community portion of the MSU centennial activities. He stated four activities have been undertaken, which include the centennial stickers, the rose garden, school presentations prepared by Connie Staudaher, and the MSU Centennial Trail. . Mr. Penwell stated that he has been working with Mr. Chris Boyd, Executive Director of the Gallatin Valley Land Trust, on the proposal for the MSU Centennial Trail. He then forwarded that proposal, which is to designate that portion of what is now commonly referred to as the Gallagator Linear Trail, beginning at the intersection of Kagy and Third, extending southward to Goldenstein, with a connection along Goldenstein Lane to Sourdough Trail, as the "MSU Centennial 09-27-93 ---------- ----- - ___om. t 1 - 2 - Trail". He noted his initial proposal was to name an entire looped system the "MSU Centennial Trail"; however, he has discovered that the Sourdough Trail was so named for very specific reasons and that the name cannot be changed. He then indicated his intent to get various service clubs involved in developing and maintaining portions of the trail, so that the trail remains an asset to the .communitY. Mr. Penwell stated he feels it is appropriate for the trail to begin on MSU property, extending into the community. He characterized it as a gift from the community to Montana State University on its centennial. He assured the Commission that the City would incur no liability by naming this trail as requested. Mr. Chris Boyd provided a brief update on improvements to the trail system. He stated that the subject trail deviates from the old railroad right~of-way south of Kagy Boulevard, as it traverses the Museum of the Rockies property and Mr. Gene Graf's property. He stated the Montana Conservation Corps is currently working just north of Morning Star School and should have graveling of the trail completed by Thursday. Mayor Swanson noted that the Chair of the POST Committee has forwarded concerns .about the confusion that renaming a portion of the Gallagator Linear Park may create for the public. He noted, however, that he feels it would be appropriate to participate in celebration of the MSU centennial. He stated that under this proposal, the MSU Centennial Trail would connect the University, an elementary school and the middle school, representing three distinct levels of education. He suggested that if the trail were well marked, it would not be too confusing to the public. Commissioner Knapp stated she shares the POST Committee's concerns. She then noted her concern that the Recreation and Parks Advisory Board has a procedure for naming of trails with very clear criteria, stating her interest in following that process. Responding to Mayor Swanson, Mr. Penwell stated he is unfamiliar with the process for naming of trails and has submitted his request to the City Commission only. He then indicated his enterest in having the process completed and the trail named by the end of the calendar year, since 1993 is MSU's Centennial Year. Commissioner Vincent stated he has no objection to changing the name of the trail, since he feels signage can address the issue of confusion. He stated, however, he does concur with Commissioner Knapp's position that this should go through the proper process. 09-27-93 --- --- .--- - ",_. -- . . . ..--,......... . - ..- - 3 . Commissioner Stiff concurred that the established process must be followed, indicating he has no problem with the proposal. Commissioner Frost stated his concurrence with the above comments. Mayor Swanson asked that Mr. Penwell forward this request to the Recreation and Parks .AdVisory Board, with a recommendation to be forwarded from that body to the Commission for action as soon as possible. Discussion - ratify selection of sculpture for North 7th Avenue SculDture Park. per recommendations forwarded bv SculDture Committee and Design Review Board City Manager Wysocki stated that, included in the Commissioners' packets was a copy of the minutes from the Design Review Board meeting of September 21, at which this item was discussed. Mr. Jim Dolan, member of the Sculpture Selection Committee, reminded the Commission that the Committee, which is comprised of professional as well as lay people, began meeting over a year ago; and their first several meetings were devoted to establishing the parameters for selection of a sculpture. He stated the criteria, which included that the sculpture be an asset to .he community and provide a sense of region, were set. After that was completed, proposals were solicited for three months, on a state-wide basis. The Committee reviewed those proposals, selecting three semi-finalists who were then asked to provide models of their art pieces. Mr. Dolan stated the three models were displayed in the lobby of the First Security Bank; and public comment cards were provided. He stated that over 200 public comment cards were completed; and the Committee carefully reviewed that input during its decision-making process. He briefly described the three models, which included stonework, three buffalo and a kinetic piece. Mr. Dolan showed the Commission the model of the sculpture that the Sculpture Selection Committee has unanimously chosen, the kinetic piece submitted by Gary Bates. Responding to Commissioner Frost, Ms. Katherine Ball, Chair of the Sculpture Selection eommittee, stated the sculpture will not be shiny, although it will be smooth, with no rivets. She stated the sculpture might be made from old metal with superior strength; however, she reiterated that it will definitely be smooth. Commissioner Vincent asked questions about the following statements in the minutes from the ORB meeting of September 21 : "Katherine Ball stated that Gary Bates is also a local artist. 09-27-93 --- . - 4 - Katherine Ball stated that one of the weaknesses of Gary's sculpture was the sense of region, but after discussion with Gary they understood that the function of the sculpture was that this space connects the space with the viewer." He stated that if the Committee has to ask the artist what his piece symbolizes, then the general public may not recognize its significance, either. . Mr. Jim Dolan responded that the Committee members had their ideas about how this / piece portrays the sense of region; however, they were interested in knowing the artist's ideas as well. Commissioner Vincent noted the three models were displayed and over 200 written comments were received. He noted that the majority of those who responded did not favor the piece that has been selected and asked if the Committee feels they acted responsively. Mr. Dolan stated that the Committee was seeking sincere input from the community; and they carefully weighed the responses. He noted the ease with which a ballot box can be stuffed, indicating that the numbers are not so important. He further noted the fact that only 200 responses were received, which is a low number when considering the entire community. Commissioner Vincent expressed concern about the implication that the Committee asked eor public opinion and then did not follow it. Ms. Ball stated that when the Committee reviewed the comment cards, they were looking for the written comments, not just the name of the artist circled with no reasons listed. She further noted that they did not tally the number of "votes" for each piece, since they felt the substantive comments were the most important part of the information. Commissioner Knapp noted that she serves as the Commissioner liaison on the Bozeman Beautification Advisory Board, which has overseen this project. She characterized the comment cards as a way to solicit comments, not the way to conduct a popular vote. She directed attention to the mixture of people who served on the Sculpture Selection Committee, which included some very prestigious artists, professionals and lay people. She noted that when Ms. Ball appeared before the Beautification Advisory Board, the Committee had not made its final selection. She noted .hat conversations with people since the selection was made seem to reveal that they appreciate the fact that professionals have been involved in the process, since the art world is changing. She then stated her wholehearted support for the recommendation of the Sculpture Selection Committee. 09-27-93 - 5 - Responding to Mayor Swanson, City Attorney Luwe addressed the issue of safety. He noted that at the beginning of the meeting, he distributed a memo regarding this issue. He then summarized that memo, noting that he had indicated to the Committee that no piece should be disqualified solely because it might rotate in the wind. He noted that a Billings art museum has a _culPture that rotates in the wind, which he does not believe has created any problems. He stated that if this piece is selected, appropriate steps should be taken to make it safe and to eliminate it as an attractive nuisance for children. He noted that, in addition to contacting the Billings museum to determine what steps they followed, it may be necessary to install appropriate fencing and signage. Commissioner Vincent stated he will abstain from voting on a motion to approve this sculpture, noting he does not want to be placed in a position of voting on the basis of his personal tastes. He noted that the Commission makes its decisions on land use issues based on public health, safety and welfare; but those issues are not taken into consideration in this particular process. He stated concern about the fact that public input was solicited, but he is not sure that it was taken into consideration during the decision-making process. He then noted there are other .ethods of seiecting an artist, including the option of commissioning an artist to produce a piece of art, and reiterated his discomfort with the evaluation process that has been used. Commissioner Knapp stated that, while she understands Commissioner Vincent's concerns, she feels that public input was given weight in the deliberations. She emphasized the fact that comments were received from only 200 people, which isn't a substantial percentage of the population. She concluded by noting that "art leads rather than follows". Commissioner Frost stated his support for the proposed sculpture, as well as the process used in selecting it. He noted that if the public comment was to be a deciding factor in the decision, then a more systematic and legal way of voting on the models would have been required. Commissioner Stiff stated his "very minimal personal art" is strictly western. He then stated he shares Commissioner Vincent's concerns and cannot vote for the proposed sculpture. . Mayor Swanson stated he is comfortable with the selection process that has been used and the sculpture that has been selected. He noted the selection process has covered a span of more than six months; and if the Commissioners had concerns, they should have spoken up earlier. He noted this sculpture will be a valuable asset to the community's entryway corridor. 09-27.93 - 6 - It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission ratify the Sculpture Selection Committee's recommendation that the kinetic piece submitted by artist Gary Bates be selected as the sculpture for the North 7th Avenue Sculpture Park and the Beautification Advisory Board be authorized to proceed with fundraising activities to .roViding funding for the sculpture. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Stiff. Commissioner Vincent abstained. Discussion re continued operation of landfill The City Manager reminded the Commissioners that he had distributed three memos regarding this item under "FYI Items" at the September 13 meeting. He then stated that, because the Sub-Title D regulations go into effect on October 9, he asked staff to review the landfill operation to determine whether it would be more appropriate to operate under those regulations or to close the landfill before they go into effect. The City Manager then asked that the Commissioners consider the possibility of making .he following decisions at the conclusion of this discussion: (1' should the City continue operating the landfill in its current location; (2) should staff be authorized to acquire the necessary equipment to continue operation of the landfill; and (3) should a designated reserve be established for closure of the landfill. Director of Public Service Phill Forbes stated that in June 1992, a joint City/County study was completed; and the recommendation of that study was that both the Logan landfill and the City landfill remain in operation until their lives have been used, then consider a county-wide facility. He stated that a careful review of the City's landfill operations revealed that it is essentially in good shape and that compliance with the regulations should not be too difficult. The Director stated that when he reviewed this issue, he considered three possibilities: (1) continue the landfill operation as it is; (2) close the landfill and open a transfer station that is enade available to the general public, with the waste being hauled to the Logan landfill since it is now County-operated; or (3) close the landfill and operate a transfer station for City collection trucks, and perhaps MSU, only. He noted that, even after the landfill is closed, groundwater monitoring must continue for a period of 30 years, at an estimated cost of $100,000 annually, for a total expense of $3 million. 09-27-93 - 7 - Director Forbes stated that, after considering all of the factors involved, he has forwarded his recommendation that the City continue to operate the landfill as it is. He estimated that the life of the landfill is ten to fifteen years; and appropriate increases in the fees for dumping at the landfill would generate adequate monies to fund the costs of closure. . Responding to Commissioner Stiff, Director Forbes stated he is suggesting that a reserve be established to cover the costs of closure. He noted that the monies for the reserve would be based on the tonnage being dumped into the landfill. City Manager Wysocki noted City landfill records indicate that 20 percent of the total dumped at the landfill last year was from City garbage trucks; the remaining 80 percent was from other sources. He noted that under staff's recommendation, everyone would pay the same per-ton fees for future closure costs. Commissioner Knapp thanked staff for the comprehensive memo and information forwarded. Responding to Mayor Swanson, the Director stated he is comfortable with his estimated life of 10 to 15 years for the landfill. He noted that, without any ability to control the flow of .garbage into the landfill, it is difficult to provide a more accurate estimate of the life. Further responding to the Mayor, the Director stated that establishing a reserve to cover the estimated cost of $3 million over the next ten years will not be easy; however, he noted that if a reserve is established and the rate structure adjusted as needed to generate those revenues, it can be accomplished. City Manager Wysocki reviewed some of the variables involved. He noted that if the community grows at a faster rate than anticipated, that could impact the length of the landfill's life. He also noted the amount of garbage dumped by Waste Management fluctuates dramatically on a weekly basis. Mayor Swanson asked about the possibility of limiting use of the landfill to that garbage which is produced within the city, suggesting that would extend the life of the landfill. . The City Manager responded that since the landfill is City operated, the Commission could adopt such a policy statement. Commissioner Knapp observed that such an action would have a proportional effect on the income at the landfill. 09-27-93 -- - ---- - - ,. '~- .. -.. --- -...--. - 8 - It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize continued operation of the landfill as proposed in the staff memo of September 7. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor _wanson; those voting No, none. City Manager Wysocki stated that $33,000 was included in this year's budget to cover the costs of maintenance on a 973 track loader; however, it now appears that it will cost $80,000 to make it operational for this fiscal year. He suggested that, instead of putting money into the existing equipment, it appears to be more appropriate to fund the lease of a new piece of equipment instead. He noted that at the present time, the City is leasing a new track loader on a monthly lease, at a cost of $7,000 per month; and it could be retained on a long-term lease at a cost of $4,000 per month. He then recommended that the Commission authorize staff to enter into up a lease for up to five years for a Caterpillar 963 track loader. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission authorize and direct staff to enter into a lease for up to five years for a Caterpillar 963 .rack loader for the landfill. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Mayor Swanson suggested that the Commission instruct staff to bring back a plan on establishing a designated reserve for closure of the landfill as soon as possible. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission direct staff to bring back a proposed plan for establishing a designated reserve to fund closure of the landfill for Commission consideration as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. City Manager Wysocki noted that, included in the Commissioners' packets, was a memo .rom Street/Sanitation Superintendent Sicz forwarding the results of the City's household hazardous waste collection event. He suggested that this report can be placed on the agenda in a couple of weeks for discussion. 09-27-93 -~.- - 9 - Discussion - finalized Dolicy for traffic circles. as DreDared bv Neiahborhood Coordinatorl GrantsDerson Goehrung City Manager Wysocki noted that a copy of the finalized policy for traffic circles, as prepared by the Neighborhood Coordinator, was included in the Commissioners' packets. Neighborhood Coordinator/Grantsperson Goehrung stated that the finalized policy reflects .he changes which the Commissioners had made when they considered the draft proposal approximately three weeks ago. He stated that in his memo, he assessed four intersections which have been identified for potential traffic circles, including South Sixth Avenue and West Koch Street, South Sixth Avenue and West Story Street, South Fifth Avenue and West Alderson Street and South Third Avenue and West Arthur Street. He noted that items taken into consideration were the recorded history of accidents for the past three years, the volume of traffic through the intersection and their turning maneuvers, and the speeds at which traffic negotiates the intersection. He suggested that the Commission may wish to adjust the Seattle criteria for determining that a traffic circle may be appropriate by lowering the number of points required, rather than adjusting the point values in each of the three categories. Mayor Swanson stated he is comfortable with the changes which have been made in the .policy. He then stated he feels it is appropriate to adjust the point system from that used by Seattle, suggesting that the point level be set at 2 points, as opposed to the 2'V2 points suggested or the 3 points used in Seattle. The Mayor then noted that in the four intersections monitored, bicycle traffic was 20 percent of the traffic volume; and pedestrians represented another 50 percent of the traffic. He asked what the traffic levels at those intersections would be like if all of those people had been driving vehicles, and what they would be like of more people walked or rode bicycles. Mayor Swanson stated he was surprised about the average speeds in the intersections, stating they are much lower than he had expected. Commissioner Knapp suggested that the wording in the second paragraph under .'Installation" on Page 4, be revised as follows: "The temporary circle will be installed by City forces and monitored for at least six months and no longer than one year." Commissioner Knapp suggested that the problems in those intersections with the lower speeds and the lower traffic could possibly be resolved in a way other than through the installation of a traffic circle, like routine sanding, since most of the accidents occur during the winter months. 09-27-93 --. -- - 10 - Commissioner Knapp then asked if engineering assessments of an intersection are to be made prior to installation of a temporary traffic circle or if they are to be completed prior to final installation; the Neighborhood Coordinator responded that they will be conducted at both stages of the process. . Commissioner Vincent stated his interest in lowering the points to 2 points, stating he feels that is appropriate. Responding to questions from Commissioner Vincent, Coordinator Goehrung stated he tried to radar the speed of cars at mid-block and again as they approached the intersection. Commissioner Vincent asked if traffic circles may change the flow of traffic in an area. The Neighborhood Coordinator responded that in Seattle, it has been noted that people tend to slow one-half block before entering an intersection with a traffic circle. He noted that it is also possible cars may use a different route instead. He then stated that traffic counts will be taken on surrounding streets as well as the streets directly impacted by the installation of a traffic circle, so that any change in traffic patterns can be detected. Commissioner Vincent noted the type of traffic which moves through the intersection near .is home, especially the number of Suburbans and pick-ups as opposed to small cars. He then noted that, no matter how low the average speed through the intersection may be, there will come a time when two vehicles moving at higher speeds will collide in the intersection. Commissioner Stiff stated he feels it is appropriate to lower the criteria for installing a traffic circle in Bozeman from those criteria which are used in Seattle. He then indicated he does not have a strong preference between lowering the total number of points required or increasing the number of points assigned in each category. Responding to Commissioner Frost, Neighborhood Coordinator Goehrung stated that if pedestrians are to be considered in the traffic counts at an intersection, the information must be gathered manually because they do not trip the counters. . Commissioner Frost stated he, too, was surprised by the low average speeds. Neighborhood Coordinator/Grantsperson Goehrung observed that people often remember the exception, rather than the rule. He then indicated that the figures he gathered in his informal study were taken between noon and 1 :00 p.m. and between 4:30 and 5:30 p.m. Mayor Swanson stated he was surprised to note there is more east/west traffic on West Koch Street than north/south traffic on South 6th Avenue between the hours of 4:30 and 5:30 09-27-93 --------------- ". - 11 - p.m. He noted the traffic load of one car every minute on West Koch and one car every two minutes on South 6th. He suggested this represents quite a high level of traffic in a residential neighborhood. Commissioner Vincent concurred, noting the increased volume of traffic in his residential .neighborhOOd as well; and he suggested that trend will continue. , Responding to Commissioner Knapp, Coordinator Goehrung stated he has not developed any proposal for addressing traffic circles at adjacent intersections. He suggested that the type of traffic which the City wishes to encourage in an area may dictate whether or not it would be appropriate to install traffic circles at adjacent intersections. He noted that South Sixth Avenue, as it intersects with West Koch Street and West Story Street, is adjacent to a park; and it may be appropriate to install traffic circles at both intersections. Commissioner Knapp suggested that between installation of a temporary traffic circle and installation of a permanent circle, it must be determined how the unresolved issues are to be addressed. She also emphasized the importance of checking the data carefully to determine how a traffic circle might impact surrounding streets. . City Manager Wysocki reminded the Commissioners that implementation of the transportation plan update will result in making it easier for people to move on the existing streets, cautioning that there will be very few new streets as a result of the plan. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the traffic circle pOlicy as submitted by Neighborhood Coordinator Goehrung, with the addition of "at least" in the second paragraph under "Installation" and lower the number of points required to 2 Y2 points. The following substitute motion was immediately placed on the floor. It was moved by Commissioner Vincent, seconded by Commissioner Frost, that the Commission approve the traffic circle policy as submitted by Neighborhood Coordinator Goehrung, with the addition of "at least" in the second paragraph under "Installation" and lower the number of points required to 2 points. .he motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Knapp. 09-27-93 ,-,.. - 12 - ConceDt Dlan review - World Family School - allow Dlanned unit develODment on aDproximately 4.7 acres located between Dell Place. the linear Dark and Alderson Street. to include a school building: infant/elder care facility: bio-dynamic garden: stable. Dasture and corral for one horse: and City Dark This was the time and place set for the concept plan review requested by Carol Dietrich, World Family School, under Application No. Z-93109, to allow a planned unit development on . .approximatelY 4.7 acres, to include a school building; infant/elder care facility; bio-dynamic garden; stable, pasture and corral for one horse; and a City park. Associate Planner Kevin Wall presented the staff report. He briefly highlighted the application, which is for a planned unit development, as noted above. He reminded the Commission that the concept plan review step is to provide an opportunity for staff and the Commission to identify major problems and issues that need to be addressed in a formal application. The Associate Planner stated that the subject 4. 7-acre tract is located at the end of South Bozeman Avenue, which is really little more than an alley. He stated that access is to be from Dell Place. The proposal includes an infant/elder care center housed in a 9,000-square-foot building that would accommodate 10 beds for the elderly and up to a total of 12 infants, and three apartments .for faculty and staff of the school. Also, a 4,250-square-foot school building is to be constructed, which will be divided into five classrooms and a common room that would accommodate up to 120 students. In addition, a bio-dynamic garden is to be added to the site as well as facilities for a horse. The Planner noted substantial discussion has revolved around the keeping of a horse on this site, including the possibility that a horse would be kept for only portions of the year. He stated that, unless specifies are provided about exactly when the horse would be kept on the site, it should be assumed that the horse will be kept on a year around basis. The Planner stated that a very conceptual idea of providing a 1.8-acre City park has been presented. He suggested that more information is needed on this issue before it can adequately be addressed, even in a concept plan review. . . Associate Planner Wall reviewed the comments which have been received from the Development Review Committee, the Design Review Board and the City-County Planning Board. He stated that the ORB essentially found the proposal to be very desirable as proposed, and did not really forward any comments. He noted that DRC identified a number of issues to be addressed, including infrastructure and what is proposed in phasing of the project. He then addressed the 09-27-93 ___._____.____ n. ._._ - 13 - phasing issue, noting that Phase I is to include acquisition of the land and administrative tasks; Phase II is to include the infant/elder care center and initial parking lot access from Dell Place; and Phase III is the remainder of the project, including construction of the school and a second access from East Alderson Street. . The Associate Planner read the memo from Recreation Superintendent Sue Harkin, dated September 5, in which she forwards the Recreation and Parks Advisory Board comments and concerns. He noted that the Board has raised concerns about having a horse so close to a city park and has suggested that the trail be 15 feet wide rather than the proposed 10 feet. He noted the Board also forwarded its interest in having the entire triangle area made available for public parkland, rather than just a portion of it. Planner Wall stated that the City-County Planning Board conducted its review on this plan at its regular meeting of September 8; and their concerns included issues about the horse and its impacts on the area, and impacts on the transportation network. Ms. Carol Dietrich, owner/operator of World Family School, stated her school, along with the entire neighborhood, has used this subject site for many years. She gave a brief history of her .ChOOI, noting it was started in 1974. She stated that the first building in which they held school has been her home for many years; and they continue to use it as a part of the school. She stated that she has fliers on the school; and a petition containing many parents' signatures in support of her concept plan was included in the Commissioners' packets. Ms. Dietrich showed the Commission an artist's rendition of the proposed project as well as a grouping of pictures showing the site as it currently exists. She noted that, with an architect's drawing of the proposal, she hopes to solicit the support of the Gallatin Valley Land Trust in raising monies for acquisition of a portion of the site for park purposes. She noted the benefit of that parkland, especially when it is considered in conjunction with the recently aCQuired Burke Park property and the Gallagator Linear Park. She indicated that, following this meeting, she will be working to prepare a counter-offer for purchase of the subject property, to be submitted to the .urrent property owner tomorrow. Ms. Dietrich noted the support which this proposal has received from the neighborhood, including the Southeast Bozeman Neighborhoods Citizen's Group, which has assisted with the process. She suggested that, to ensure the viability of this commercial venture and to ensure that the City park area is provided, the City may wish to invest in the purchase price. 09-27-93 .- -- - 14 - Ms. Barbara Urie, teacher at the World Family School, read a three-page letter which she had written, copies of which were included in the Commissioners' packets. She noted that the subject property is currently being clean up from a diesel spill which occurred while it was railroad property and, once that clean-up is completed, the vitality of the land can be enhanced through .ngoing cultivation, possibly through bio-dynamic gardening. She noted their interest in using horse power for this gardening, similar to the operation at the Museum of the Rockies, indicating that the horse manure would also be used in this process. Ms. Urie stated the World Family School utilizes the Waldorf curriculum, under which fairy tales are the basis for teaching in kindergarten and first grade; and the horse is a noble animal in those tales. In the third grade, time is set aside for the working farm, which again utilizes the horse. Ms. Urie then outlined the timeframes for the various phases of this project. Phase I involves acquisition of the land and preparation of the ground for the garden area and the riding area. Phase II involves construction of the infant/elder care facility and is to be completed in the summer of 1996 or 1997. Phase III involves construction of the new elementary school several .ears later. Ms. Urie outlined the proposed method of funding for purchase of the subject site, which includes the approval of a $40,000 economic development loan/grant for the creation of two low- and moderate-income positions, one as a gardener and the other as an infant care provider. Break - 5:27 to 5:35 p.m. Mayor Swanson declared a break from 5:27 p.m. to 5:35 p.m., in accordance with Commission pOlicy established at their regular meeting of March 14, 1983. Concept plan review (continued) . World Familv School - allow planned unit development on approximatelv 4.7 acres located between Dell Place. the linear park and Alderson Street. to include a school buildina; infant/elder care facility; bio-dynamic garden; stable. pasture and corral for one .orse; and City Dark Mr. Jeff Downhour, architect and neighborhood resident, stated that the concept plan for this project has undergone several changes since initial discussions. He noted the initial plan did not include any City park at all, with that issue arising during discussions with the neighborhood. He stated the neighborhood is somewhat afraid of losing this site, which is now in a natural park- 09-27-93 -, "=-- -- - 15 - type setting, providing a good area for watching birds and wildlife. He noted that through the various levels of review, it now appears that setting the entire triangular piece aside for City parkland is generating interest. He stated that if this is to occur, all of the development proposed for the southern portion of the lot must be relocated to the northern portion, which will entail _OUSing of a horse in a residential zone. .. Mr. Downhour then noted there is no real clear process for various groups to get together to work on a plan for the park that is acceptable to all of the entities involved. Mr. Christopher Andrews, Three Forks, stated he drives his children to the World Family School three days a week, since it is a Waldorf school. He encouraged Commission support of the proposal, stating he feels it would be a good use of the subject site and help to retain its natural state. Ms. Kay Peden, 516 Dell Place, stated she resides approximately one-half block from the proposed farm and corral. She noted the zoning ordinance requires that any development be at least 35 feet from the water course; and care must be taken to ensure that those requirements are followed and that Spring Creek is protected. She then noted problems that have been encountered en the immediate area, stating that those who built the nice homes at the end of Dell Place had a nice pond; however, this year they had to cover it because it became covered with scum and infested with mosquitos. She stated the water table in this area is extremely high. She noted that someone has recently drilled a hole on the subject site, which filled with water within 24 hours. Mrs. Peden noted that Dell Place is a short street with a twelve-unit condominium on it. She stated the street currently has a lot of traffic; and she does not believe the neighbors would want to see Dell Place be the only entrance to the school. Ms. Peden stated she does not object to this proposal to build a school on the subject site, stating she would rather see that than the proposal recently forwarded by Mr. Daines. She suggested, however, there are other alternatives for the site which might be more appropriate than either of these recent proposals. . Responding to Commissioner Frost, Planner Wall stated that since this is a concept plan review, the criteria for a planned unit development are not specifically reviewed individually. Further responding to Commissioner Frost, the Planner stated it is his understanding that the applicant is proposing that the City participate in financing the purchase of the land, since a portion of it is designated parkland. 09-27-93 ----_.~-~----- --.----.-.-.--- - 16 - Commissioner Frost stated he concurs with the concerns expressed by the Planning Board and the Development Review Committee. Responding to Commissioner Stiff, Planner Wall stated that adequate on-site parking can probably be provided, although the conceptual plan shows less than the required number. He noted _hat issue can be addressed during the formal review process. Commissioner Vincent stated support for Commissioner Frost's comments. Commissioner Knapp stated this particular park is not included in the priority listing in the master plan for parks. She noted the importance of following the long-term plan, and asked that the Recreation and Parks Advisory Board review the master plan to determine where this proposed park fits. Mr. Ken Bryson, Chair of the Recreation and Parks Advisory Board, stated there is no mention of the triangular parcel in the master plan,. per se; however, one of the higher priorities in the Parks, Open Space and Trails Committee recommendations is the acquisition of parcels of land adjacent to existing trails, such as the Gallagator Linear Park. Responding to Commissioner Knapp, Ms. Dietrich stated that the World Family School .began in her home at 120 East Story Street and continues to use that facility. She noted that in 1980, they acquired the adjoining cottage, which is also used for school activities. She stated her intention to continue using those buildings for the pre-school and multi~age kindergarten; and the new school would be used for first through fifth grades. Further responding to Commissioner Knapp, Ms. Dietrich stated her intention is to provide rooms for ten elderly to reside at the facility, in one wing of the new building, and to provide infant care in another wing of the new building. She noted that under her proposal, any contact between the generations would be by choice, not by necessity. Further responding to questions from Commissioner Knapp, Ms. Dietrich showed the Commission where the diesel spill had occurred on the site. She stated that the contaminated dirt from the north side is being landfarmed on the southern portion of the site. She stated that .nvironcon is the firm doing the work; and they are the ones who dug the test hole, to monitor their mitigation of the contamination. At Commissioner Knapp's request, Ms. Dietrich reviewed how she envisions students on horseback accessing the Mystic Canyon via the Sourdough Trail. She indicated that the Gallatin Valley Land Trust is currently working on a trail which extends from Goldenstein Lane to Mystic 09-27-93 - 17 - Canyon; and that trail would be accessed from the subject property via the Gallagator Trail and Sourdough Trail. Responding to Commissioner Knapp, the City Manager stated that under the City's ordinances, horses must stay on trails designated for horses; and they cannot get off those trails. . . Commissioner Knapp stated that any trail used by horses is virtually destroyed. She expressed her strong concerns about this proposal, given the amount of pedestrian and bicycle traffic on the Gallagator and Sourdough Trails. She then requested that her questions and concerns regarding the priority of this park and horses on the trails be forwarded to the Recreation and Parks Advisory Board for their consideration. Mayor Swanson noted this is an interesting and unique proposal. He cautioned that the Commission has stated in its goals that for the next twelve months, at least, its emphasis will be on the development of recreational facilities, particularly those providing ballfields and soccer fields. He further noted the City's recent purchase of the Burke Park, indicating that he does not believe the City can be expected to participate in funding a portion or all of this park. City Manager Wysocki noted the discussion about the City participating in the purchase eOf the 1.8 acres proposed for parkland, indicating that the City needs some kind of conceptual value on that park. He stated the City cannot seriously consider becoming involved if that information is not provided, indicating that information must be forwarded quickly since that involvement would occur in Phase I of this project. The Commission thanked staff for its presentation. Discussion - possible cancellation of regular Commission meetina to be held on December 27. 1993 City Manager Wysocki noted that Mayor Swanson had requested this item be placed on the agenda. Mayor Swanson reminded the Commission that under "FYI Items" at last week's meeting, he had requested this item be placed on an upcoming meeting. He suggested it may be appropriate .0 cancel the meeting of December 27, since it is so close to Christmas, with December 20 being the last official meeting of this City Commission. City Manager Wysocki reminded the Commission that his evaluation must be completed before this Commission disbands. 09-27-93 -------- -----------~- ...--. -~~-,-,. . - 18 - Mayor Swanson requested that the City Manager's evaluation be scheduled in November and stated that the final meeting for this calendar year will be the regularly scheduled meeting of December 20. _iSCUSSion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Susan Higgins, Chair of the Bozeman Beautification Advisory Board, dated September 17, forwarding letters of resignation from Emily Swanson and Erik Arneklev. (2) Copy of the minutes from the Bozeman Beautification Advisory Board meetings held on August 27 and September 7. (3) Notice of the Valley Unit Park Development meeting scheduled by Neighborhood Coordinator Goehrung for 7:00 p.m. on Monday, September 27, at the Emily Dickinson school. (4) Agenda for the Development Review Committee meeting to be held at 10:00 ..m. on Tuesday, September 28, at the Carnegie Building. (5 ) Memo from former commissioner Mary Vant Hull, dated September 27, forwarding her comments on a variety of issues. (6) Notice of Bozeman Balloonfest activities scheduled by the Bozeman Area Chamber of Commerce for October 8-10, 1993. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Thursday, September 30, in the Community Room of the Courthouse. (8) Memo from Planning Director Epple, dated September 27, forwarding a copy of the article he had written for the Southwest Montana Building Industry Association newsletter regarding impact fees. (10) Memo from Planning Director Epple, dated September 27, forwarding a copy of .he Montana Department of Transportation written response regarding limited access designation for North 19th Avenue. (11 ) Final agenda for the Montana League of Cities and Towns Convention, which is being held in Great Falls on October 6-8. 09-27-93 .~~.~ .,.VfW' , - 19 - (12) The City Manager submitted his weekly report, as follows. (1) Announced that the curb has been installed along Kagy Boulevard between South 3rd Avenue and South 11 th Avenue. (2) Announced that the water main in Burrup Annexation will be pressure tested next week and could be in service soon. (3) Announced that a water line is being installed on North 5th _venue near the Darlinton Manor. (4) Stated that preparation of the ground for construction of Lexington Drive is in process. He reminded the Commission that this project is being completed under an SID and a fast track development agreement, to allow the applicant to be constructing homes at the same time the infrastructure improvements are being made. He noted that the homes cannot be occupied until the infrastructure has been completed. (5) Noted that curbs have been installed in the Walker townhouse project in the Bridger Peaks Estates Subdivision. He indicated that construction on this project was also undertaken before the infrastructure improvements were finalized; and they intend to have the roads paved before the batch plant closes. (6) Stated that bids for expansion of the Senior Center were opened on Thursday. The base bid was over $144,000, plus alternates that should probably be included in the initial construction; and the Seniors have raised $140,000 toward that project. He noted this item will be on next week's egenda for action, possibly including a request for City assistance in financing the overage. (7) Announced that the Parking Commission will meet tomorrow evening, with deliberations to include what they want to do in the future. ( 13) Commissioner Frost submitted the following. (1) Attended the Chamber's candidates' forum on Wednesday night, noting very few people attended. (2) Attended the "We Share the Road" forum on Thursday evening, which was well attended. (14) Commissioner Knapp submitted the following. (1) Stated that she spent three days reviewing fifteen proposals for monitoring at the landfill in preparation for a selection committee meeting on Friday. (2) Participated, to a limited extent, in the centennial celebrations at MSU on Friday. (3) Attended the Bozeman Public Library Foundation reception on Sunday. (15) City Attorney Luwe announced that he has a copy of the decision in the case aUdlOff versus the City of Billings, which is a wrongful annexation case. He stated this is the first case decided by the Montana Supreme Court under the Lucas decision regarding regulatory taking; and in the decision, the Supreme Court determined that the annexation did not result in a complete economic taking. 09-27-93 -----.------- . -.. -...-.--.-.-.-.-- . - 20 - (16) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the rough agenda for next week's meeting. (2) Stated that County Commissioner Jelinski has indicated they will be unable to meet with the City Commission in work session on October 12, and has suggested the possibility of scheduling a work session for October 25 instead. . (17) Mayor Swanson stated that he will be presenting his "State of the City" address , to Rotary Club tomorrow. He then distributed copies of a survey he plans to utilize during that presentation, soliciting input on a possible general obligation bond issue for transportation projects. He noted his intent to submit the results from the survey at next Monday's meeting. (18) Mayor Swanson provided a brief report on the "We Share the Road" forum on Thursday evening. He noted many of the concerns revolved around illegal passing on the right; and the disabled community was very vocal, expressing concerns about experiences they have had. He then noted that the bicycling community appears to be ready to address the problems that some cyclists have created, with concentration on issues such as riding without headlights, riding on sidewalks and riding the wrong way on one-way streets. (19) Ms. Daria Joyner I Executive Director of the Bozeman Area Chamber of .ommerce, stated they are concerned about the liability exposure they may incur as a result of their visitors' center being located at the North 7th Avenue Sculpture Park. She asked that their exposure be considered as well as the City's when issues surrounding the sculpture selected earlier in the meeting are addressed. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "National Arts and Humanities Month" - October 1993 Deviation from Section 18.20.050 of the zoning ordinance to allow relocated garage to encroach 4 feet into the reauired 8-foot side yard setback - Tom and Marv Keck. 411 North 3rd Avenue; Der DRB recommendation (Z-93123) . Deviation from Section 18.50.060 of the zoning ordinance to allow a covered deck to encroach 7 feet into the reauired 15-foot corner/side yard setback - Steven and Lona Petri. 303 South Tracv Avenue; cer DRB recommendation (Z-93131) Authorize City Manaaer to sign - Annexation Agreement with William ThomDson for ThomDson Procerties - 4.078-acre Darcel known as Lot 1. Gordon Mandeville State School Section Subdivision (northwest corner of intersection of North 7th Avenue and Mandeville Lane) 09-27-93 ._ _______. ._ _....___..___ .__u ___ .._____.____..._ _..-.__._____._.__ , . . - 21 - Commission Resolution No. 2936 ~ extending the boundaries of said City of Bozeman to include a tract of land known as Lot 1, Gordon Mandeville State School Section Subdivision, commonlv referred to as the North 7th/Mandeville Annexation COMMISSION RESOLUTION NO. 2936 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF lAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE NORTH 7TH/MANDEVILLE ANNEXATION AND HEREIN MORE PARTICULARLY DESCRIBED. Claims It was moved by Commissioner Frost, 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 Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Adiournment - 6:18 D.m. e There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. ~~~ ATTEST: TIMOTHY SW ON, Mayor ~J~ ROBIN l. SULLIVAN eClerk of the Commission 09-27-93 - --