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HomeMy WebLinkAbout1993-08-16 ccm . -.- . 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 16, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal BUilding, August 16, 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 - Auaust 9. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of August 9, 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. Deviation from Section 18.18.050. to allow new roof over existing stairway to encroach 15 feet into the 25-foot front yard setback on residence at 202 Lindley Place - SteDhanie Volz: DRB recommendation to deny City Manager Wysocki noted that, included in the Commissioners' packets, was information forwarded by the Planning Office regarding the deviation from Section 18.18.050 of the zoning ordinance as requested by Stephanie Volz, under Application No. Z-93102, to allow a new roof to be constructed over an existing stairway to encroach 10 feet into the required 25-foot setback on the residence at 202 Lindley Place. The City Manager cautioned that, because of the language in the information forwarded, .ome of the Commissioners have construed this process to be an appeal of the Design Review Board's decision; and they have told members of the public, on the basis of that interpretation, that they will not be given an opportunity to speak. He noted, in reality, that deviations are submitted to the Commission for final action, typically under Consent Items; however, this item is different because the ORB recommendation is for denial and the applicant has requested an opportunity to 08-1 6-93 ---.- ~ . - ----------- - 2 - address the Commission. He suggested that the Commission hear those who have attended this meeting; however, he suggested that any decision should be delayed until August 30, since two Commissioners will be absent from next week's meeting, so that those who are not present today because of the misunderstanding can be given an opportunity to provide input also. . Mayor Swanson reminded the Commission that only one element of the overall application . is under consideration in this agenda item; and that pertains to constructing a roof over an existing stairwell. He then asked that discussion be limited to that element only. Planning Director Andy Epple presented the staff report. He stated it is difficult to completely divorce this single item from the remainder of the project. He then provided a brief background on the overall project, as follows. The application is for a Certificate of Appropriateness for general remodeling at 202 Lindley Place, to include extension of the roofline on the rear, or east end, of the house; a fence project around the property; a deck project on the south side of the house; and a roof over the existing stairwell on the west end of the house, facing Lindley Place. He stated that this entire application was presented to the Design Review Board at its meeting held last week. During the course of its review, the ORB became aware of the fact that eMS. Volz is contemplating a conversion of this single-family residence to a bed and breakfast. He stated that the ORB determined that the roof extension, fence project and deck are all aspects of the site development that should be considered as part of an anticipated conditional use permit for a bed and breakfast, rather than in this context. Planning Director Epple stated that the Design Review Board has granted a Certificate of Appropriateness for a rear porch roof covering and for continued work on the masonry; and reroofing of the residence did not require a Certificate of Appropriateness. The Planning Director stated that the memo dated August 12 forwards the Design Review Board's recommendation for denial of the requested deviation, on a vote of 5 to 2. Responding to Mayor Swanson, the Planning Director stated that several years ago, Ms. Volz sought permission to renovate the brick work on the north and east sides of the house; and .hat work has been completed under the appropriate permit. He noted some concern has been expressed about revisions to the window openings on the other side of the house; and the property owner has been advised that no additional work of that type can be completed without the appropriate reviews and permits. 08-1 6-93 . _ _ _n - - 3 - Ms. Stephanie Volz, applicant, stated she has copies of new elevations and clarifications of the site plans, which she wishes to submit to the Commission. She then stated that, whether or not she decides to proceed with a bed and breakfast, she wants a covered front entryway, a fence around her property and deck. . City Manager Wysocki reminded the applicant that this discussion is limited to the deviation to allow covering of the front stairway only. Ms. Volz expressed concern about the process to date, noting she was not given much opportunity to address the Design Review Board during its consideration of this application. She also expressed concern that their decision was based on what she may intend to do in the future, which she feels is unfair. She stated this is her home; and she has a right to put a fence around the property and add a deck to her home. She recognized that covering of the front steps does require City approval because that covering would encroach into the setback, although the encroachment would be no greater than it already is. She suggested that covering of the stairs would be an asset, and be more architecturally unified with the front porch, which was added in the 1950's. . Mayor Swanson stated that the minutes from the Design Review Board meeting indicate they are the body to whom the new plans should be submitted, not the Commission. He then emphasized the fact that the only item upon which the Commission will act is the deviation to allow a new roof over the existing stairway. Responding to questions from Ms. Volz regarding procedure, Planning Director Epple stated that the new plans should be submitted to the Design Review Board, to determine if they adequately address the concerns which were raised about the previously-submitted plans. He suggested that the improvements being requested under this Certificate of Appropriateness could be addressed independent of any proposal for a bed and breakfast facility. Ms. Volz reiterated her reasons for seeking the deviation to allow covering of the existing ; stairway, stating that she feels a roof which matches the existing roof would enhance the property. .he then showed the Commissioners some pictures of the existing house and stairway, suggesting that the roofline over the stairs could serve to break up the long roofline that currently exists. She also noted the safety factor of covered steps versus uncovered steps. City Manager Wysocki noted that the report from the DRB meeting indicates that one of the reasons for recommending denial is that the applicant's proposal does not provide significant 08-1 6-93 -..- -- - .--.-. -- - 4 - architectural, landscaping or site features to support the requested deviation. He then asked the applicant to respond by indicating what significant items are being proposed that would support approval of this deviation. In response to Ms. Volz's desire to show the Commission her new plans, the Commission .concurred that those plans should first be submitted to the Design Review Board for review and consideration before they are submitted to the Commission. City Manager Wysocki stated that any decision on this deviation or any of the other elements in this application should be made on the basis of its current single-family residential status and not on any potential application for a conditional use permit to allow its use as a bed and breakfast. Ms. Volz stated she has maintained that this application has nothing to do with a bed and breakfast; but pertains to her single-family home. Commissioner Vincent asked about the conflict between the City Manager's statement and the comments from the Design Review Board meeting regarding the proposed bed and breakfast and the idea of acting on this application as a separate issue. . The City Manager reminded the Commissioners that a few weeks ago, they were instructed that they could not "bet on the come" as it relates to an application. He cautioned the Commission and the applicant to keep that in mind as a decision is made on this application. Planning Director Epple stated it appears that Ms. Volz has met the ORB's concerns by providing revised site plans. He then suggested it may be appropriate to return this entire application to the ORB for review, particularly since it has not taken action on any of the items except for its recommendation on the deviation because it was awaiting additional information. City Attorney Luwe noted the only issue before the Commission is the deviation to allow covering of the existing front steps. He noted all other issues are to be determined by the Design Review Board, based on the new site plans; and if the applicant does not like that response, she may appeal to the City Commission. He noted that this deviation has come before the Commission ehroU9h the normal process, with a recommendation from the ORB. He reminded the Commission that this application is based on a single-family residence and must be acted on in that manner. He stated that if an application for a bed and breakfast is submitted at some time in the future, it must be considered on its own merits; and any approval of that application may contain different conditions for approval than this approval contains. 08-16-93 ----.. . - 5 - Following a brief discussion, Ms. Volz withdrew her application for deviation from further Commission consideration at this time, indicating her intent to resubmit it along with the remaining items for ORB consideration. Mr. Doug Mosley, representing the applicant, asked what type of trade-offs are needed eto get a deviation approved; the Mayor suggested that the applicant talk to Planning Director Epple about that issue. Mr. Darrel Behrent, 208 Lindley Place, stated that he reviewed the file and forwarded written comment for Design Review Board consideration. He stated, however, at the ORB meeting, another set of drawings was submitted; and the public was not allowed to comment on that new information. He expressed concern about the process as it has evolved and the lack of opportunity for public input. Planning Director Epple reminded the Commission that the process set for the ORB is in the zone code; and could be amended if the Commission so chooses. He then recognized the problems that arise when applicants submit new information in an attempt to address concerns which may be been raised in the staff report, particularly since the public does not have an .opportunity to provide input based on that new information. He stated that staff continues to wrestle with administration of this section of the code, to ensure the integrity of the process. Mayor Swanson noted this item will be resubmitted to the Design Review Board, per the applicant's request. Ordinance No. 1370 - amending Section 15.36.010. to adoDt bv reference the 1991 Edition of the Uniform Fire Code. exceDt for Articles 4 and 78 and Accendices II-C and I-D City Manager Wysocki presented Ordinance No. 1370, as approved by the City Attorney, entitled: ORDINANCE NO. 1370 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS . AMENDED BY ORDINANCE NO. 1305, WHICH SAID ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTION 15.36.010 OF SAID CODE; PROVIDING FOR THE ADOPTION BY REFERENCE OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1991 EDITION, EXCEPT FOR ARTICLES 4 AND 78 AND APPENDICES II-C AND II-D. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their meeting of August 2 and recommended that it be finally adopted at this time. 08-16-93 ------ - ---- - 6 - It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Ordinance No. 1370, amending Section 15.36.010, to adopt by reference the 1991 Edition of the Uniform Fire Code, except for Articles 4 and 78 and Appendices II-C and II-D. 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. 1373 - amending the Bozeman zone maD's zoning district designations 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. (Bridger 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, MONT ANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "A~S" (AGRICUL TURAL--SUBURBAN) DISTRICT TO "R-3" (RESIDENTIAL--M EDIUM DENSITY), "R-1" (RESI DENTIAL--SI N G LE- FAMIL Y), "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, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, AND MORE COMMONLY KNOWN AS THE BRIDGER CREEK ANNEXATION. The City Manager reminded the Commission that the subject property is currently being developed as a golf course with surrounding residential development. He then recommended that the Commission provisionally adopt the ordinance amending the zoning designations on the subject site, which is currently zoned A-S, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally 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 .oting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 08-1 6-93 - - 7 - Presentation of DroDosed internal recyclina Drogram for City - Neiahborhood Coordinator! Grantsperson Goehruna; Commission Resolution No. 2933 - establish in a a Dolicy for internal recyclina Drogram for the City of Bozeman City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated August 11, along with a .COpy of Commission Resolution No. 2933, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2933 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AN INTERNAL RECYCLING POLICY FOR THE CITY. Neighborhood Coordinator/Grantsperson Goehrung noted that he has outlined the general concept of the program in his memo. He then asked the Commission to adopt the resolution, which will allow him to start the process of contacting representatives in the various City buildings in an effort to identify products which could be recycled and to bring all of the independent efforts currently being undertaken under one umbrella. He briefly highlighted some of the current efforts, noting that the Planning Department is recycling paper and cardboard, and computer paper and newspapers are being recycled at City Hall. He suggested that consolidation of efforts and formalization of the program could make those efforts more effective. . Coordinator Goehrung noted that the State of Montana has requested that all Montana municipalities join the recycling effort, and asked for a 25-percent reduction in the amount of solid waste generated. He noted that some of this reduction could possibly be accommodated through changes in the City's purchasing policies, to include the purchase of some recycled products. He noted that the Supreme Court has changed its rules to require that briefs be submitted on recycled paper, and they may be double-sided. Responding to Commissioner Knapp, the Coordinator stated that, while this program is to be established for City operations only, he feels that it could help to set the pace and framework for other organizations to follow. He also suggested that the City might work with the County and the School District in some of its efforts to use recycled products, allowing that process to move .orward more quickly. Mayor Swanson asked how this program would impact the City's Purchasing Agent. Neighborhood Coordinator!Grantsperson Goehrung stated that steps may need to be taken slowly. He noted that, for instance the City has some new copiers in which it may be possible to use recycled paper; however, the older copiers will probably not accept it. He stated that as new 08-1 6-93 - 8 - equipment is purchased, it could be specified to accept recycled products, thus allowing a more complete transition to those products. Mayor Swanson then asked if it is realistic to reduce the amount of waste generated by 25 percent. . Coordinator Goehrung responded that part of that depends on what types of products the , recyclers are willing to accept. He noted that consideration could be given to changing the type of computer paper that is used; however, he noted that care must be taken to ensure that if multi- part paper is not acceptable for recycling, the costs of re-running a report multiple times in lieu of using multi-part paper do not become excessive. He drew attention to the fact that the City already uses recyclable glass bottles in its pop machines, so that potential is already being accommodated. The Coordinator suggested that it may be beneficial for the City to provide postcards, with the City seal, for times when short responses or notes are adequate. Another alternative for reducing waste may be to reduce the multiple number of subscriptions received for a magazine, with a single copy being routed through several departments. He stated that a number of small .steps such as these could go a long way toward reducing waste. Ms. Jenny Martin, Bozeman Recycling Coalition, stated that the Coalition is willing to assist the City in any way possible in its internal recycling efforts. She noted that at the present time, they pick up recyclables at the Law and Justice Center and at the Courthouse; and they would be willing to provide that service to the City buildings as well. Responding to Mayor Swanson, Ms. Martin stated the recyclers in this community are trying to find markets for as many different types of recyclables as possible. She noted that these markets are often volatile; and the recyclers are trying to find markets that are more stable, so the public can be assured of a more constant program. She also noted the economics of the program, stating that the recyclers cannot afford to lose too much money in recycling of a product. Commissioner Knapp asked if groups such as the Coalition pursue lobbying efforts at the anited States Congress, to encourage legislation which provides incentives for recycling. Ms. Martin responded that the Coalition is currently applying for non-profit status; and under that status, lobbying efforts must be minimized. She noted, however, that the individuals may still pursue lobbying efforts if they are interested in doing so. She then indicated that she is not aware of any national lobbying effort. 08-1 6-93 - -~."~._,. - -.-----.- ---. - 9 - It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission adopt Commission Resolution No. 2933, establishing a policy for an internal recycling program for the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner .Vincent and Mayor Swanson; those voting No, none. Continued discussion - membership in NA TOA: authorize Durchase of Local Officials Guide to the 1992 Cable Act: and authorize attendance of staff Derson at NATOA 1993 Annual Conference - Seotember 8-11 - Orlando. Florida The City Manager reminded the Commission that decisions on these items were continued from last week's meeting. He noted that copies of information provided by Commissioner Knapp were included in the packets. He then distributed copies of questions forwarded by Assistant City Manager Brey, along with copies of the rate structures for TCI Cablevision. The City Manager noted Commissioner Knapp's interest in pursuing certification through the FCC and the subsequent education of a staff member on the issues of cable television franchising. He stated that the FCC has 30 days in which to approve an application for .certification, after which the local entity has 90 days in which to prepare and adopt an ordinance containing rules and guidelines by which the industry will be regulated. He stated it is imperative that someone obtain more information about this process, so that the City can respond quickly and effectively. He also suggested that Commission responses to the questions posed by the Assistant City Manager could be beneficial at this time. He noted the logical steps may be to move from certification to reviewing of the rates charged by the provider to franchising. Commissioner Knapp stated the thing which was impressed upon her in the two-day workshop was the repeated statement that the main reason for pursuing a franchising authority is consumer protection, followed by protection of the City's investment in the public right-of-way. She noted there are FCC regulations which provide some latitude for the industry as it sets its rates. She then stated that with the impending technological changes in the cable industry, .onsumer protection is a key issue that must be addressed. She noted that care must be taken to ensure the customers are not burdened with sudden changes in technologies and equipment with which they be unfamiliar or to which they are not ready to respond; and it is possible, under a franchise agreement, to make the provider responsible for providing all of the information or equipment necessary to accommodate a change in their service. 08-1 6-93 - 10- Commissioner Knapp then provided her responses to the questions forwarded by the Assistant City Manager, as follows: 1. What are the Commission's goals in acquiring franchise authority certification? The main goals are (1) consumer protection and (2) right-of-way protection. She noted .hat the idea of cable television franchising has been a low-priority goal for the past four years; and she feels it should now be addressed. 2. Are we interested in rate regulation and franchise fees, knowing that the fees may be itemized and passed on to the consumer, that any locally adopted rate regulations must conform to FCC regulations and that we cannot deny an annual 5% increase in rates? Regulation of rates and franchise fees are not the main reasons for franchising, particularly because of the City's limited abilities in these areas. She noted that the City may regulate the service provided by the cable company to the customer, Le., a 24-hour telephone line may be required to ensure prompt response to a customer. She also noted that franchising can provide a local opportunity for appeal, rather than approaching the FCC directly. She suggested that a local appeal board could be more responsive to what might be viewed as a small problem than a national .organization might be. 3. Are we interested in rate regulation despite the fact that only base tier programming (no superstations) may be regulated at all? This is not a primary reason for franchising. 4. Are we interested in a public access channel, knowing that the consumer will be charged for it in a rate structure whether or not there is programming? This is an issue to be addressed "down the road". At this point, discussion should revolve around the idea rather than the details. 5. Are we willing to relinquish programming authority on public access TV to an appointed board? The answer to this question is the same as No.4, above; this is an issue to be addressed later. . 6. What points of origin would we wish to establish for public access TV? The answer to this question is the same as No.4, above; this is an issue to be addressed later. Mayor Swanson forwarded the following questions, stating these are the issues in which he is interested: 08-1 6-93 -::a:.~'~. - 11 - 1. What do other communities charge for use of their rights-of-way? 2. What types of customer service standards are considered top-of-the- line; what types of services are considered state-of-the-art? 3. How might this provide opportunities for better communication between the Commission and the people who live in the city? . The Mayor noted that, while he is interested in the answer to Question 4, above, as forwarded by the Assistant City Manager, he recognizes that the creation of a public access channel is a question to be addressed later. He reminded the Commission that the Bozeman community, as a whole, is very interested in as much information as they can get, as evidenced by the high usage statistics at the public library. The Mayor stated his interest in pursuing membership in NA TOA. He noted, however, that he is not sure about this particular conference, suggesting there may be another conference or workshop that would be of more benefit to the City; and, he will leave that determination to staff . At Commissioner Vincent's request, the City Manager reviewed the information contained on the rate sheet for TCI Cablevision that he had distributed at the beginning of this agenda item. .He noted that this sheet shows the alignment of the various channels to be received under the new schedule, with the rates which will become effective on October 1. He noted that basic service, which provides thirteen channels, will cost $9.49 per month; and the expanded basic service, which includes all but the premium channels, will cost $11.68 per month. Additional monthly charges will also be made for any converter rental or remote rental. He suggested that such additional charges could possibly be eliminated through a franchise agreement under which the provider of the service is required to provide all of the necessary equipment to the customer at no charge. He then cautioned that, while the City may have input on the basic services, it has no control over the premium channels because they are optional selections. The City Manager stated he recognizes the importance of having a staff member become trained on this issue. He noted, however, that he does concur with the Mayor that the NATOA ennual conference may not be as beneficial as some other conference may be. He then stated that he does feel becoming a member of the National Association of Telecommunications Officers and Advisors (NA TOA) could be beneficial to the City. City Manager Wysocki noted Commissioner Knapp has indicated that at some point, the City will want to enter into a franchise agreement, partly because of the changing technology. He 08-16-93 - 12 - suggested that becoming familiar with the 1992 Cable Act before entering into that process is important. Responding to Commissioner Vincent, Commissioner Knapp stated that programming is a First Amendment right over which the local governing body has no control. She noted that the . . City may address programming which is indecent or obscene; and it may determine the times at which certain programming may be aired. Responding to Commissioner Vincent, the City Manager stated that any franchise agreement with a local provider must be a non-exclusive agreement, thus allowing another provider to enter the market if one chooses to do so. He noted that the issue of economic viability does come into play; however, that is an issue which must be addressed by the provider and not the City. Commissioner Stiff noted this is an issue about which the Commission has been thinking for a long time; and he appreciates the efforts which Commissioner Knapp has taken to move the process forward. Commissioner Frost stated concurrence with Mayor Swanson's suggestion that an optional .workshoP may be preferable to the annual conference. He further indicated that membership in NA TOA is important. He observed that the issue of cable television franchising is frightening because he is not familiar with it; however, he does recognize the importance of addressing it. Commissioner Knapp suggested that the Commission act on the City's becoming a member of NA TOA and allow staff to make decisions on whether to attend its annual conference and whether it would be beneficial to purchase the Local Officials Guide to the 1992 Cable Act. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize and direct staff to prepare the paperwork necessary to become a member of NA TOA; and further authorize and direct staff to determine whether purchase of the Local Officials Guide to the 1992 Cable Act is in the City's best interests and whether it would be best to attend the NA TOA 1993 Annual Conference or identify and attend a different workshop to gain .nowledge about cable television franchising. 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. 08-16-93 - 13 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated August 12, .forwarding a proposed traffic circle policy. The City Manager indicated that this item will be placed on the August 30 agenda for discussion. (2) Agenda for the Highway Commission meeting scheduled for Thursday, August 19, in Kalispell. The City Manager noted staff's interest in the agenda items pertaining to future bid letting lists and dates and will follow up on this items. (3) Copy of a letter to the Clerk from the National League of Cities, dated August 5, regarding designation of a delegate to attend the Annual Congress of Cities on December 2 through 5 in Orlando. The City Manager noted this item will be placed on an upcoming agenda for action. - (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 17, at the Carnegie Building. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 17, at the Courthouse. (6) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, August 19, in the Commission Room. (7) The City Manager submitted the following. (1) Spent a considerable amount of time addressing the cable television franchising issue last week. (2) Did not prepare a comprehensive report because he is completing work items in preparation for his vacation. (8) Commissioner Vincent stated that he and Executive Director of the Chamber of Commerce, Daria Joyner, attended the Interagency Breakfast on Wednesday morning. He noted .the meeting was brief but worthwhile; and topics of discussion included the possibility of having a presenter at those meetings; growth in Bozeman and what it means to the community; and the possibility of a futures conference. (9) Commissioner Knapp stated that Sheila Cates, a member of the State Library Staff, died this past week from cancer. She noted the assistance that Ms. Cates had provided the 08-16-93 .- ~ - .-.- -,_.~ , , - 14 - City as a Federation headquarters library, and how much Ms. Cates will be missed in the library community. She stated that, as a result of that death, the State Library Commission has been postponed to August 25; and, as Chair of the Library Services Advisory Council, she will be attending that meeting. . (101 Commissioner Stiff stated he has received a mailing from Bozeman Interfaith Housing, which he will have copied for the other Commissioners. He noted their goal to raise $49,000 before October 8, noting that they have raised $13,000 to date. Commissioner Frost noted that at their meeting, the members of the Board talked about seeking public contributions; however, they decided to raise the monies through the churches involved rather than through any public means. (11 ) City Attorney Luwe stated he has received a copy of the response brief which Missoula City Attorney Jim Nugent has filed in the parking district issue. He noted that the plaintiffs' attorney will probably file his brief next week; and he anticipates a District Court decision in 120 days. He stated this will settle the issue on Montana, noting that other cities are also awaiting the decision. . ( 12) Clerk of the Commission Sullivan stated that next week's agenda seems to be light. (13) Mayor Swanson noted that, because of Labor Day, the Commission will be holding its meeting on Tuesday, September 7. He asked if there are any specific items the Commission may wish to discuss, or whether they may wish to conduct a work session with the County Commissioners. (14) Mayor Swanson gave an update on the "We Share the Road" project, distributing copies of a proposed logo to the Commissioners along with copies of a letter which was sent to the major grocery stores and Main Mall. He stated a community forum is being planned for September 23, at which time the public will be invited to discuss problems they encounter on the road, in the crosswalks and the sidewalks. He also noted that public service announcements are .eing scheduled for the local television station as well as radio stations; and they are planning to have 5,000 to 6,000 bumper stickers made, based on the logo he has just distributed. He stated that rules for bicycling are to be prepared in pamphlet form and will be distributed to MSU freshmen and made available at the various bicycle shops so that bicyclists are aware of those rules. 08-16-93 .- ." - 15 - The Mayor noted that the committee is soliciting monies from various sources to cover the costs of this educational campaign; and he will be approaching the Commission for authorization to expend some of the City Commission budget unit monies for this project at some time in the future. '.c~n~ent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Homeless Animals' Day" - August 21. 1993 Denial of deviation from Section 18.50.070 to allow a 5-foot 11-inch-high wood privacy fence in front yard setback - Ken Ginnaty. 123 South 7th Avenue: per ORB recommendation for denial Modification of previously approved deviations to allow enlargement of garage to 16 by 36 feet: encroachment of 3 feet into reauired 8-foot side yard setback: and encroachment of 14 feet into reauired 20-foot rear yard setback - Steve Bracken. 108 East Story Street; Der DRB recommendation Authorize City Manager to sign - Annexation Agreement with Golf Course Partners. Inc.. c/o Rex Easton - 287.5-acre tract located in COS Nos. 1353 and 1353B. Section 31. T1S. R6E. M.P.M. . Commission Resolution No. 2934 - extending the boundaries of said City of Bozeman to include a tract of land located in Section 31. T1 S. R6E, M.P.M.. commonly referred to as the Bridger Creek Annexation COMMISSION RESOLUTION NO. 2934 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 BRIDGER CREEK ANNEXATION AND HEREIN MORE PARTICULARL Y DESCRIBED. Reauest for permission to tie onto City sewer - Dave and Beth McKenzie. 1517 Willow Way; aDDroval subiect to conditions in staff memo dated August 12. 1993 Authorize call for bids - Expansion of Bozeman Senior Social Center Authorize absence of Commissioner Vincent from meeting of August 23. in compliance with Section 7-3-4322(2). M.C.A. . Claims It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 08- 16-93 - ~ - 16 - voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Adjournment - 5:02 p.m. . There being no further business to come before the Commission at this time, it was moved . by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. 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. ~~~~ ATTEST: IMOTH SW A ON, ayor ~c:I~ ROBIN L. SULLIVAN .Clerk of the Commission ..-.. ....., 08-1 6-93