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HomeMy WebLinkAbout1993-08-30 ccm -. , r MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 30, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, '. Municipal Building, August 30, 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 - August 23, 1993 ---- It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of August 23, 1993, be approved as amended. The motion carried by the .following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Ordinance No. 1373 - amending the Bozeman zone maD's zonina district desianations from "A-S" to "R-3". "R.1". "B-1" and "M-1" on a tract located in Section 31. T1S. R6E. M.P.M. (Bridaer Creek Annexation. located at the intersection of Story Mill Road and Mcllhattan Road) City Manager Wysocki presented Ordinance No. 1373, as approved by the City Attorney, entitled: ORDINANCE NO. 1373 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "A-S" (AGRICULTURAL--SUBURBAN) DISTRICT TO "R-3" (RESIDENTIAL--MEDIUM DENSITY), "R.1" (RESI DENTIAL--SI N G LE- FAMILY), "B-1" (NEIGHBORHOOD--SERVICE) AND "M-1" (COMMERCIAL..LlGHT . MANUFACTURING) ON A PORTION OF CERTIFICATE OF SURVEY NOS. 1353 AND 1353B LOCATED IN SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, IN THE CITY OF BOZEMAN, GALLATIN COUNTY. MONT ANA, AND MORE COMMONLY KNOWN AS THE BRIDGER CREEK ANNEXATION. The City Manager reminded the Commission that they had provisionally adopted this 08-30-93 --..---..-- .---------. -----. - --.-- .2- ordinance at their regular meeting of August 16, and recommended that it be finally adopted at this time. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1373, amending the zoning designations from "A-S" to ."R-3"' "R-1", "B-1", and "M-1" on a tract located in Section 31, Township 1 South, Range 6 East, \ Montana Principal Meridian. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Ordinance No. 1374 - amendina ChaDter 18.65 of the Bozeman MuniciDal Code. entitled the Bozeman Area Sign Code City Manager Wysocki presented Ordinance No. 1374, as approved by the City Attorney, entitled: ORDINANCE NO. 1374 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NOS. 1332, 1341 AND 1359, WHICH SAID . ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.65.030, 18.65.040, 18.65.050, 18.65.060, 18.65.070, 18.65.080, 18.65.090, 18.65.100, 18.65.120, 18.65.130, 18.65.140, 18.65.150, 18.65.160, 18.65.170, AND 18.65.190 OF SAID CODE, PROVIDING FOR REVISIONS TO SPECIFIC DEFINITIONS; COMPUTATION OF THE SIZE OF SIGNAGE; SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT PERMITS; PERMITS REQUIRED; DESIGN, CONSTRUCTION AND MAINTENANCE OF SIGNS; MASTER OR COMMON SIGNAGE PLAN; SIGNS IN THE PUBLIC RIGHT-OF-WAY; SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE; GENERAL PERMIT PROCEDURES; PERMITS TO CONSTRUCT OR MODIFY SIGNS; TEMPORARY SIGN PERMITS (PRIVATE PROPERTY); PERMITS FOR SIGNS IN THE PUBLIC RIGHT-OF-WAY; TIME OF COMPLIANCE: NON-CONFORMING SIGNS AND SIGNS WITHOUT PERMITS; AND ENFORCEMENT AND REMEDIES FOR VIOLATIONS TO SAID ORDINANCE PROVISIONS. The City Manager reminded the Commission that the public hearing was conducted on these amendments; and the Commission has voted to proceed with their incorporation into the zone code. He then recommended that the Commission provisionally adopt this ordinance, implementing eheamendments, and that it be brought back in two weeks for final adoption. Commissioner Frost noted that in the minutes from the public hearing, there is an argument against adoption of these amendments, based on the fact that 70 percent of the signs along North 7th Avenue would be made illegal. He observed that those signs are already illegal because they were installed without the proper permits. 08-30-93 - 3 - It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1374, amending the Bozeman Area Sign Code, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner .rest and Mayor Swanson; those voting No being Commissioner Stiff. Discussion . draft DroDosal for traffic circle Dolicy - Neiahborhood Coordinator/GrantsDerson Goehruna City Manager Wysocki stated that, included in the Commissioners' packets, was a draft proposal for a traffic circle policy, as prepared by Neighborhood Coordinator/Grantsperson James Goehrung. Neighborhood Coordinator Goehrung showed a short video tape on neighborhood traffic circles from the Engineering Department in the City of Seattle. In that tape, it was noted that the collision rate was decreased by as much as 90 percent at those intersections where traffic circles were installed; and they also served to reduce the speed of traffic. This was accomplished without diverting traffic to other streets or altering established parking patterns. The process for getting .a traffic circle constructed at an intersection was covered in the tape, from the initial inquiries through construction of the permanent traffic circle. The City of Seattle requires that any petitions involving requests for traffic circles, or their removal, be in the form of a petition containing the signatures of at least 60 percent of the property owners within one block along all four legs of the intersection. Also, temporary traffic circles are installed for a three- to six-month period before any permanent structure is installed, to determine if the desired result will be realized. Neighborhood Coordinator Goehrung noted that the Commissioners have received copies of his draft proposal for a traffic circle policy. He stated that a listing of the steps to be followed and a tentative timeline have been developed and included in the packet. He then indicated a willingness to respond to any Commissioner questions. . Mayor Swanson noted the video tape indicates the Seattle experience is that traffic circles do not divert traffic to other streets, questioning whether Bozeman's experience would be the same. Coordinator Goehrung responded that the provisions in his proposed policy include traffic counts and observations be done on streets adjacent to a temporary traffic circle to determine if 08-30-93 - ..-....----.- .-.----- - 4 - any traffic is diverted. He suggested that the human tendency to "take the path of least resistance" could result in some diversion of traffic. Mayor Swanson noted that the City of Seattle has an application period and a competition in which only those traffic circles deemed most needed are approved and funded. '. The Coordinator stated that the City of Seattle funds the installation of the traffic circles in its community; and it can only afford to install 25 circles in a year. He noted that under Bozeman's policy, the residents within a one-block radius of the intersection will be required to pay the costs; however, probably only one or two circles can be installed each year because of the impacts they will have on the staff's workload. He suggested, therefore, more emphasis may need to be placed on the numeric rating system here. Responding to Mayor Swanson, Coordinator Goehrung stated that he has not considered establishing a deadline for applications, but feels they can be addressed as they are received. He stated that traffic count information must be acquired at a time when it accurately reflects the annual traffic volume. He noted that information will most likely be gathered during the academic year for the University, as opposed to the summer or during breaks at the University. . Director of Public Service Phill Forbes reminded the Commission that during discussions on the new transportation plan, which was recently adopted, four intersections were identified as prime candidates for traffic circles. He suggested that with the rate of installation set at one to two circles per year, new intersections will probably not be considered for quite some time. Commissioner Vincent noted the point criteria which have been established for Seattle, suggesting that the numbers may need to be revised downward for Bozeman, given the difference in the cities' populations. Coordinator Goehrung stated that the criteria will be carefully reviewed and refined to fit Bozeman's needs. He suggested that it may take the installation of three to five traffic circles to gain the experience necessary to make the appropriate refinements. Commissioner Vincent noted that in Seattle, a signature on a petition for a traffic circle eeflects support for the City's installation of a traffic circle; however, in Bozeman, a signature on a petition reflects support for the installation of a traffic circle, and a willingness to pay a portion of those costs. He then questioned the requirement for signatures of 66 percent of the property owners as opposed to 60 percent in Seattle. 08-30-93 ----- .. --------.- ------- -. - - 5 - Coordinator Goehrung responded that he has proposed the higher figure to ensure the success of a potential special improvement district to cover the costs, even if one of two of the original signatories withdraw their support at some time during the process. Responding to Commissioner Knapp, Coordinator Goehrung stated he anticipates that he . will serve as the City staff person to meet with a neighborhood that might be contemplating a ..h traffic circle. He anticipated that he could respond to many of their questions, forwarding any technical questions to the Engineering Department as necessary. Commissioner Knapp noted that under "City Commission Decision" there is the provision, "If the property lies within the City's designated CDBG Housing and Section 8 Rental Rehab Target Areas, the City may install the facility without assessing costs to affected property owners." She expressed concern that this becomes a fairness issue; and she feels it would be more appropriate for the Commission to address this under a separate action rather than as a part of the stated policy. Commissioner Knapp stated another issue that concerns her is the three- to six-month trial period. She suggested that, given the area's traditional weather patterns, it is important that a .ortion of the trial period include a good portion of winter weather. She suggested that the trial period should be extended or the timing of installation of the temporary circle should be such that the winter weather becomes a part of the review, particularly given the potential of deep snow and how that might impact emergency vehicles. Commissioner Stiff stated that the language in the section which Commissioner Knapp quoted says "... the City may install the facility..." not"... the City shall install..." He suggested that this allows for the discretion that Commissioner Knapp desires. Commissioner Stiff then noted the last paragraph under "Installation" provides that "For those intersections that do not meet Americans With Disabilities Act (ADA) requirements the cost for those related improvements where a traffic circle is installed will be included as a part of the total installation cost." He expressed concern that those costs are approximately $4,000 per entersection; and he feels those should actually be accepted as City costs under the federal legislation. Responding to questions from Commissioner Frost, Director of Public Service Forbes stated that some extraordinary work may be required at some intersections before a traffic circle can be installed, i.e., raising of manholes. He noted that those improvements must be installed to 08-30-93 - 6 - City standards, as well as the traffic circle itself. He indicated that the engineering design is to be provided by an engineer retained by the neighborhood, in compliance with the standards set by the City. At Commissioner Frost's request, Coordinator Goehrung addressed the issue of meeting .ADA requirements. He noted that if any improvements are made to an intersection, that intersection must be brought into compliance with ADA requirements under the new legislation. He suggested that if that requirement is triggered by the neighborhood, they should be prepared to bear the costs. Responding to additional questions from Commissioner Frost, the Coordinator stated that he has applied for highway safety monies to fund intersection improvements. He noted that any improvement to an intersection, including the installation of a stop sign, triggers the requirement to bring that intersection into compliance with ADA requirements. He stated that, because of this requirement, a stop sign that previously cost approximately $400 to install, now costs that amount plus $4,000 to comply with ADA. Mr. John Thiede, 316 South 6th Avenue, stated his home is at the corner of South 6th .Avenue and West Koch Street. He stated it appears that this technique is to make it less efficient for people to travel through residential neighborhoods, transferring the traffic to different areas. He suggested that, while there might be a lot of requests for traffic circles in Seattle, where the City pays the costs, he does not anticipate there will many requests in Bozeman, where the property owners bear the costs. He suggested that this policy could serve to make certain neighborhoods more elite for the people living there. He cautioned, however, that residents in a given area can be for and against the traffic circle concept. He noted the issue of snow removal, suggesting that could become a big issue. He also expressed concern about the possible idea of residents in the area maintaining a landscaped traffic circle, suggesting that may be "about as successful as people maintaining public restrooms". He stated that, while he understands the concept of having the property owners pay the costs of meeting ADA requirements, he also eeCOgniZeS the costs that could be incurred in data collection and engineering design, suggesting that could raise the costs to $10,000 for a traffic circle, which would then be borne by a few. Mr. Thiede stated that discussions with Engineering Department personnel reveal that traffic counts cannot be taken in the winter because the plows tear out the tubes. He then noted the historic preservation issues, questioning whether big diamond reflector signs in the middle of 08-30-93 - - ..--------------- - 7 - an intersection would blend well with the older homes of the area. He concluded his comments by indicating that the attitude "Iet's make it less efficient for people to use our streets" strikes a chord with him, particularly since everyone in the community has helped to pay for them. Ms. Lisa Prugh, 404 South 6th Avenue, stated she has no problem with "neighborhood .streets" being just that; and she does not believe that having MSU students driving 40 miles per hour down her street is an appropriate use of a "neighborhood street". She emphasized the fact that the speed limits on residential streets is currently 25 miles per hour, which is the same as the speed limit on arterial streets. Ms. Prugh stated there are alternatives to traffic circles that would address the problems of speed and volume; however, she does not feel they are as good. Those include adding parking back on streets such as West Koch Street, which is a rather narrow residential street; and implementing lower speed limits around Cooper Park. She emphasized the fact that traffic circles are not to make the street less efficient, but to slow the traffic. She noted numerous conversations with a gentleman in the City Engineer's office in Seattle; and he confirmed that traffic circles do not divert traffic on the streets in Seattle. . Ms. Prugh stated that no answers to the snow removal issues are readily available at this time. She noted that her neighborhood has been interested in pursuing the installation of a traffic circle for over a year; and they have retained an engineer to design the improvements. Responding to questions from the City Manager, Ms. Prugh suggested that in those neighborhoods where the people can afford to do so, they should be required to fund the installation of a traffic circle; and the City could contribute toward the costs of installation in those areas where the people are less able to pay. Mayor Swanson asked that each of the Commissioners respond to the following questions: (1) should the period for monitoring of temporary traffic circles be extended; (2) should the City bear, partially or in total, the costs of compliance with ADA; and (3) should the decision on whether the City will assess properties lying in the designated CDBG and Section 8 target areas ee a separate decision? Commissioner Vincent stated that he (1) has no problem with a longer trial period; (2) has no problem with the City paying for improvements to bring the intersection into compliance with ADA, if monies are available; and (3) has no problem with the decision on assessments against properties in the designated CDBG and Section 8 target areas being a separate decision. He then 08-30-93 - 8 - reiterated his interest in reviewing the numbers in the rating criteria, to ensure they are appropriate for Bozeman. He noted that at the present time, the speed limit at uncontrolled intersections is 15 miles per hour; however, the accidents which have occurred at the intersection close to his home have been major accidents involving higher speeds. He emphasized the importance of taking some .step to slow traffic on residential streets, either through the installation of traffic circles or stop Signs. Commissioner Knapp stated that she (1) feels a longer trial period is needed, to include a portion of the major traffic period and a portion of the hard part of winter; (2) suggested a language change to indicate that the City might bear a portion of the costs of ADA improvements; and (3) suggested rewording sentence to read"... the City may install the facility without assessing costs to affected property owners if the Commission deems it in the best interests of the City." She noted that this should be a separate decision from the basic decisions about installation of a traffic circle. She indicated that, since the neighborhood would be triggering the requirement to meet ADA regulations, it may be appropriate for them to bear at least a portion of the costs of meeting those requirements. . Mayor Swanson stated that he (1) agrees with a longer trial period for the temporary traffic circle; (2) supports Commissioner Knapp's proposed language for costs of meeting ADA requirements; and (3) supports Commissioner Knapp's proposed language revision regarding assessments against properties in the CDBG and Section 8 target areas. He then noted his concern about the amount of staff time that may be involved in preparing statistics and monitoring traffic patterns. Mayor Swanson then stated he shares some of the concerns forwarded by Mr. Thiede; however, at this time, he is willing to try some temporary traffic circles to see if they really work in Bozeman. He noted the advantage of slowing traffic in the residential neighborhoods, although he suggested that issue should be addressed in a separate discussion. Commissioner Frost stated that he (1) feels the trial period should be extended, possibly edding a schedule which provides for installation of a temporary traffic circle some time just before winter sets in; (2) supports cost sharing for improvements to meet ADA requirements; and (3) supports Commissioner Knapp's proposed revision to the language, with addition of the phrase "may install or help with installation". He then stated he has other concerns regarding this proposed program. He suggested the possibility of using MSU students to conduct some of the 08-30-93 - ......-.. ._- .9- monitoring, rather than placing additional demands on City staff time. He also noted an interest in further considering the ideas of a 15 mile-per-hour speed limit on residential streets and possible allowing parking on some streets in residential areas where parking is not allowed at this time. Commissioner Stiff stated he (1) has no problem with extending the trial period; (2) .qUestions whether the City can assess individual property owners for costs which are legally the City's; and (3) has no problem with the changes proposed by Commissioner Knapp. He expressed concern that installing one or two traffic circles a year will not adequately address the large number of intersections with problems in the community. He noted that to have only a few on a trial basis is appropriate; however, he suggested a more accelerated effort to install permanent traffic circles would be beneficial. Responding to Mayor Swanson, Neighborhood Coordinator Goehrung stated he will prepare a revised policy, based on the Commissioners' comments, and forward it for further consideration in two or three weeks. Discussion. update re "We Share the Road" camDaign: reauest for expenditure of monies from City Commission budget unit . City Manager Wysocki stated that Mayor Swanson had requested this item be placed on the agenda. Mayor Swanson reminded the Commission that, as the result of a citizen forwarding her concerns about the lack of courtesy on the road, he has organized a committee comprised of representatives from various groups, including bicyclists, pedestrians, retired people, recreationalists, and the Coalition of Disabled People, to develop a program to allow all groups to use the public right-of-way safely. He stated they have developed the logo, "In Bozeman, We Share the Road"; and their effort is to help people recognize what they can do individually to bring courtesy back to the road, rather than what the other person can do. Mayor Swanson distributed a packet of information to the Commission, noting that the .irst page is a copy of a letter that has been sent to all churches, service clubs, grocery stores, MSU, Bozeman Senior High School and the Public Library, soliciting their participation. He stated that the committee hopes to have approximately 50 banners displayed in various locations around town; they plan to have bumper stickers made; and they are preparing for public service announcements to be aired on the local television station and radio stations. He estimated that this 08-30-93 - -- - 10- program will cost $6,000 and proposed that funding include $2,000 from private donations, $2,000 from the City Commission budget unit and $2,000 from a grant application to the Highway Traffic Safety Division, which has already been prepared by Grantsperson Goehrung. He stated that a copy of the application for the grant is included in the packet, along with a draft script for .SiX public service announcements. Mayor Swanson stated that a public forum has been scheduled for 7: 15 p.m. on Thursday, September 23, at the Library. The public will be invited to attend and share their ideas on how to improve courtesy on the community's streets. The Mayor stated that their educational campaign is scheduled to begin during the first week of October, with guest editorials being published on a weekly basis from the Principal from one of the schools in the first week; from the senior citizens in the second week; the disabled coalition in the third week; bicyclists in the fourth week; and motorists in the fifth week. Mayor Swanson stated that the senior citizens have offered to distribute bumper stickers at various locations throughout the community; and the Bicycle Club plans to write a series of articles that will help average cyclists become very good cyclists. . Commissioner Knapp stated support for the concept. Commissioner Vincent stated he feels this is an excellent idea, stating he feels that it could lead to more livability and civility in the community. He characterized this as an "admirable effort" and thanked Mayor Swanson for taking the lead in this program. Commissioner Frost noted that the City cannot afford the costs of the enforcement that would be needed to ensure the safety of everyone on the road. He suggested that, if successful, this educational campaign could generate the same results at substantially less expense. Commissioner Stiff stated his concurrence with the comments from the other Commissioners. Mayor Swanson suggested that this become a long-term program, with the materials developed for this educational campaign being revised and re-used in future years. He noted that, eNhile the public has the perception that there are a lot of police officers, in reality there are only three to four officers on every shift. Responding to the City Manager, the Mayor stated the committee has not sought professional advice on how long an educational campaign should run. He noted, in reality, information will be disseminated beginning the second week of September, with an article in the 08-30-93 - 11 - Bozeman Daily Chronicle, followed by his guest editorial during the third week and the forum during the fourth week of September, in addition to the guest editorials scheduled for October. Mayor Swanson requested that authorization to expend $ 2,000 from the City Commission's budget unit ("Other" line item) be placed under the Consent Items on next week's .agenda. Discussion - selection of votina deleaate to National Leaaue of Cities Congress of Cities to be held in Orlando. Florida on December 2-5. 1993 City Manager Wysocki stated that, included in the Commissioners' packets, was a request from the National League of Cities for designation of a voting delegate and alternate delegate to the Congress of Cities, which is to be held in Orlando, Florida, on December 2 through 5, 1993. The City Manager reminded the Commission that this is the annual conference for the National League of Cities; and the City usually sends someone. He briefly highlighted the tracks of the program for this year's conference, noting he had just received the information today. He then reminded the Commission that Commissioner Vincent and Commissioner Stiff are the hold- over Commissioners this year. . Mayor Swanson suggested that Commissioner Vincent be selected as the voting delegate, with Commissioner Stiff being selected as the alternate. Commissioner Vincent stated he is willing to attend if the Commission feels it will be worthwhile and productive and benefit the work of the Commission. He stated, however, that if it appears the conference will not be worthwhile, he does not feel it would be appropriate to waste the taxpayers' money. He noted that this caution in travel is the result of his attending some unproductive meetings when serving in the House of Representatives. Each of the remaining four Commissioners, in turn, indicated that they have previously attended an NLC Congress of Cities conference and found it extremely beneficial. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the .ommission select Commissioner Vincent as the voting delegate and Commissioner Stiff as the alternate delegate to the National League of Cities Congress of Cities, to be held in Orlando, Florida, on December 2 through 5, 1993 and, it being in the best interests of the City, that the appropriate expenses be paid. The motion carried by the following Aye and No vote: those voting Aye being 08-30-93 - 12 . Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" Items. (1 ) Memo from Associate Planner Wall, dated August 25, providing the Commission information on the house which was relocated to 310 East Koch Street under Application No. Z-9306. The City Manager noted that the house was moved from Livingston to the subject location and has not been installed in accordance with the plans which were approved. Commissioner Vincent stated he has viewed the site, noting the house is really high. He suggested that changing the grade may create a different appearance; however, he does have some concerns. (2) Copy of the Request for Statements of Qualifications for professional landfill eengineering and hydrogeology services. (3) Copy of the program for the 62nd annual conference of the Montana League of Cities and Towns, which is to be held in Great Falls on October 6-8, 1993. (4) Memo from the Montana League of Cities and Towns, dated August 23, seeking nominations for lifetime service awards. (5) Memo from the Montana League of Cities and Towns, dated August 23, seeking nominations for Second Vice President and Third Vice President for the upcoming year. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 31, in the Courthouse, along with daily minutes for the week of August 16. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 31, at the Carnegie Building. e (8) The City Manager submitted his weekly report, as follows. (1) Noted the street projects which are underway, including chip and seal, painting of crosswalks and overlaying of streets. (2) Announced that 64 applications have been received for the position of police officer. He noted that an eligibility pool will be created; and one replacement officer is to be hired after that pool has been completed. (3) Announced that the Swim Center is closed for annual maintenance, 08-30-93 - 13 - noting that because of problems with a pump, it will be closed a few days longer than anticipated. (4) Attended the MMIA Board meeting in Helena on Friday, at which they approved an audit firm to review the books for last fiscal year. He also noted that considerable discussion occurred before the Board allowed employees of the joint landfill district in the northern part of the state to be . covered under the MMIA workers' compensation program, due in large part to the fact that County Commissions often make the final decisions regarding this program. (6) Stated that the City's application for certification will be faxed to the FCC on Wednesday. (9) City Manager Wysocki distributed copies of a letter from Planning Director Epple to Mr. Jerry Perkins, Karst Stage, regarding the operation of his business on North Wallace Avenue. He noted that staff is requesting that Mr. Perkins forward an application for a conditional use permit for his business, because of the addition of a school bus operation, no later than September 14. He then noted that some residents in the neighborhood have already forwarded their negative comments about the addition of buses in this location. Commissioner Vincent noted that, typically, a business is required to apply for and receive a conditional use permit before a use is allowed. He expressed concern that in this instance, the euse is already in place before the application is filed. (10) Responding to Mayor Swanson, the City Manager reminded the Commission that in discussions during the budgeting process, it was determined that no new positions would be filled until after any special legislative session has been completed. He noted one exception to this rule is the expansion of 8-month positions to 12-month positions in the forestry division, because of the Commission's recent setting of assessments for the tree maintenance district. (11 ) Commissioner Stiff stated that he spent the past week along the Oregon coast, in a family reunion that included his children and all but one of his grandchildren. ( 12) Commissioner Frost submitted the following. (1) Attended the ORB meeting on Tuesday. (2) Attended the Interfaith Housing Committee meeting on Tuesday evening. He noted that the committee members have canvassed the neighborhood, presenting the plans for their .10uSing project prior to any public reviews. (3) Attended the DBA Board meeting on Wednesday morning. ( 13) Mayor Swanson stated that City staff has been in contact with the County Commission regarding a work session on affordable housing, to begin at 4:00 p.m. at next Tuesday's City Commission meeting. He stated that Neighborhood Coordinator Goehrung has also 08-30-93 - 14 - preliminarily contacted other individuals interested in the affordable housing issue about the potential of this type of work session. The Commission concurred in the proposed work session. (14) Mayor Swanson stated that a committee, comprised of Director of Public Service ,_erbes, County Commissioner Jelinski, City-County Health Department employees Dale Johnson and Justin Buchanan and himself, have been preparing a job description for the person who is to begin the groundwork for a water quality district. He report that at their most recent meeting, Ms. Vivian Drake gave a presentation on setting up the water quality district in Helena; and gave the Commissioners copies of a handout she had distributed at that meeting. He stated that in Helena, assessments range from $5 to $7 per year; and in Missoula, they range from $10 to $12 per year. He anticipated that the job description will be finalized by the end of September, indicating his intent to keep the Commission updated on the process. (15) Mayor Swanson stated he has been going out with a member from the School Board and a staff member to talk about the upcoming school bond issue; and he has been focusing on the issue of growth. He stated that he has been distributing an information sheet, which he eprovided the Commission, noting that the average permitted construction in the city for each of the last ten years has been somewhat under $20 million. He stated that trend has changed in the past three years, as reflected by the following: through July 1993, $18.1 million in permitted construction; through July 1992, $15.5 million; and through July 1991, $10.4 million. He further noted that $11 million in permits have been issued so far this month; and the Planning Director is projecting that permits may total more than $40 million in construction for this year, including all new and remodeling projects for both residential and commercial structures. ( 16) Commissioner Knapp stated that she attended the Beautification Advisory Board meeting on Friday. She noted that some members of the Board have submitted letters of resignation, which will be forwarded to the Commission so that replacements can be appointed. Commissioner Knapp stated that the Beautification Advisory Board is proceeding with elansfor a monthly award program to recognize the nicest business signs in the community, using Section 18.65.01 O.C. of the sign code, which reads: liTo encourage area beautification through creative, interrelated design of signage, landscaping, buildings, access and parking that enhances the community's built and natural environment;" as the basis for making that award. She indicated 08-30-93 - 15 - that the Board will be working with the Planning staff and the Zone Code Enforcement Officer in this award program. Commissioner Knapp then reminded the Commission of the comment period on the models for the sculpture, which were on display in the lobby at First Security Bank, noting this is the last ,.day of that display. She characterized the three models as "very interesting pieces", noting that the Board is proceeding with fund raising activities to make this project become a reality. ( 17) Commissioner Knapp then submitted the following. (1) Noted the plans for the Night of 100 Dinners fund raiser for the Library, stating that everyone is enthusiastic and ready to proceed. (2) Attended the kick-off ceremony for this school year, which was held at the Emily Dickinson school. ( 18) Commissioner Vincent stated his interest in establishing lower speed limits on the residential streets in the community, suggesting either 15 or 20 miles per hour. He then asked how this can be accomplished, encouraging that the process be undertaken as quickly as possible. ( 19) Commissioner Vincent stated he attended the Ethics Advisory Council meeting at Monday, at which he was elected Chairman. He stated the meeting was productive; and the edichotomy between local government and state government views on ethics was very evident. He cited, as an example, the fact that the valuable vase which he received from international visitors when Speaker of the House resides on a cabinet at his home, while the gift he received from international visitors as a City Commissioner resides on the file cabinet in the Clerk of the Commission's office. Commissioner Vincent stated that in Great Falls, the City administration is preparing a pamphlet on its ethics code, to be distributed to all of its employees. He also noted that they are going to conduct workshops on the policy for all employees; and members of the committee have been invited to attend as well. (20) Clerk of the Commission Sullivan briefly reviewed the agenda for the upcoming week, noting it basically consists of a work session in the afternoon and two public hearings in the eVening. (21 ) City Attorney Luwe submitted the following. (1) Cautioned the Commission that some statutory provisions may not allow them to establish a speed limit under 25 miles per hour on residential streets; or an Attorney General's opinion may be necessary. (2) Announced that he has received the warranty deed, transferring property from the Burkes to the City; and he will 08-30-93 - - - - 16 - prepare a lease back agreement for their two private lots for a period of twenty years. (3) Stated that the City received a check in the amount of $3,713 from the Safeco Insurance Company today, as its contribution toward the City's share of attorney fees in the Bozeman Solvent Site case. He stated that case is divided into two portions, one being remediation of the site and the second _eing the civil suit by Jewel Corporation against the City. He stated this payment represents a 20- percent contribution toward costs incurred in the suit; however, the City will probably pursue a similar percentage for remediation as well. He also noted the potential that the City will receive similar contributions toward attorney fees for the civil suit from two other insurance companies in the near future. (22) City Attorney Luwe noted that the City has received the Supreme Court decision in the Bozeman Daily Chronicle vs the City of Bozeman Police Department and Gallatin County Sheriff's Department; and copies of that decision have been forwarded to the Commissioners. He briefly reminded the Commission of the case, which involved a criminal investigation of one of the City's police officers. He stated that this Supreme Court decision reaffirms the court system's jurisdiction in balancing the rights between individual privacy and the public's right to know, which .eaves the cities and counties in the same position they were before. He stated that, until legislative changes can be made, it appears that cities and counties will be required to continue paying attorney's fees for court decisions stipulating whether an individual's name is to be released in a criminal investigation. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation from Section 18.16.050. to allow new addition to encroach 3 feet 5 inches into reauired 8-foot side yard setback and 7 feet 3 inches into reauired 20-foot rear yard setback - Darren and Diane Williams. 309 West Harrison Street; Der DRB recommendation (Z-93107) Deviation from Section 18.18.050. to allow new detached garage to encroach . 2 feet 3 inches into reauired 8-foot side yard setback - Victoria Byrer I 701 North Montana Avenue; Der DRB recommendation (Z-93115) Acknowledge receiDt of reauest for creation of a Dark maintenance district in Westgate Subdivision - Lonny Walker. develoDer Acknowledae receiDt of Detition of reauest for closure of Perkins Place; refer to mff 08-30-93 - --------- ;.~ ,- ...-.-.---..- -- --- --..- . 17 - Authorize City Manager to sign - Facility Use Aareement for the National Guard Headquarters: Hold Harmless Agreement - Wednesday. SeDtember 1. 1993 (for Dolice officer testing) Authorize City Manaaer to sian - Chanae Order No.1 - SID No. 656. water main in BurruD Annexation - VanDyke Construction. Bozeman. Montana - decrease contract amount by $6.373.00 and 0 calendar days \. Buildina InsDection Division reDort for July 1993 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 - 5:28 D.m. 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 emotion 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: ~i~ R IN L. SULLIVAN Clerk of the CommisSion . 08-30-93