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HomeMy WebLinkAbout1992-03-09 ccm ...t ~~:, -~.. - -..... ~... - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 9, 1992 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, &uniciPal Building, March 9, 1992, 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. Minutes - February 24 and March 2. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of February 24, 1992, 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. . Mayor Swanson deferred action on the minutes for the regular meeting of March 2, 1992 for a period of one week. Decision - Reauest for $10.000 grant from CDBG Economic DeveloDment Revolvina loan Fund for Microbusiness DeyelODment Center - for Fiscal Year 1992-1993 - Human Resource DevelODment Council City Manager Wysocki submitted to the Commission a memo from Capital Opportunities, Inc., dated March 3, forwarding additional information on the Microbusiness Development Loan Fund Program, as requested by Commissioner Knapp. He noted that attached to that memo are some proposed revisions to the guidelines for the CDBG Economic Development Revolving Loan Fund. He then submitted to the Commission a memo from City Attorney Luwe, dated March 9, indicating that General Fund monies may legally be appropriated for this purpose. . Planning Director Epple suggested that the proposed amendments to the guidelines should be considered as a separate item, since it requires revision to the resolution through the appropriate process. City Manager Wysocki reminded the Commission of the March 20 deadline for Capital Opportunities to participate in this program. He then recommended that, to meet that deadline, 03-09-92 ~ - .-.---.--.- _m__.._.._._ -. ---. - ... .---...-- , ... - 2 - the Commission authorize the expenditure of $10,000 from the General Fund, with the provision that those monies to repaid from the CDBG Economic Development Revolving Loan Fund prior to the end of the fiscal year. Mayor Swanson suggested that if the Commission concurs with the proposed amendments, it could direct staff to proceed through the appropriate steps for revision of the .gUidelines. Planning Director Epple encouraged the Commissioners to consider just the concepts of the proposed amendments at this time, allowing the staff adequate latitude to forward amendments which meet all City staff and State Department of Commerce concerns. In turn, the Commissioners indicated support for the proposed amendments. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission authorize and direct staff to proceed with the appropriate steps for revision of the guidelines for the CDBG Economic Development Revolving Loan Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Frost, Commissioner Knapp and Mayor Swanson; those voting No, none. . Commissioner Frost noted that if the Commission approves the revisions to the guidelines which have been proposed, there is still no guarantee that the CDBG Economic Development Revolving Fund Loan Review Committee will forward a recommendation that the City transfer $10,000 from that fund to the General Fund to cover this appropriation. The City Manager responded that the committee is advisory; and the Commission takes the final action. Commissioner Knapp suggested that the Commission allow the CDBG Economic Development Revolving Loan Fund Committee to review this request, based on its own merits, and without direction from the Commission. She then stated that she anticipates that the committee's recommendation will be to transfer the monies; however, she feels that the Commission should not try to sway that decision at this time. . Commissioner Stiff stated a willingness to expend the $10,000 from the General Fund at this time; however, he expressed concern that the monies be returned to that fund as quickly as possible, because there are not adequate monies in that fund to commit for this type of expenditure. In response to Commissioner Frost, the City Attorney reviewed his memo, noting that this 03-09-92 -.-.. , , , .' , - 3 - type of expenditure is appropriate under State statutes. It was moved by Commissioner Vincent, seconded by Commissioner Frost, that the Commission authorize and direct the expenditure of $10,000 from the City's General Fund to Capital Opportunities, Inc., for the Microbusiness Development Center, with the stipulation that those monies be refunded back to the General Fund from the CDSG Economic Development .RevolVing Loan Fund prior to the end of this fiscal year. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Frost, Commissioner Knapp, Commissioner Stiff and Mayor Swanson; those voting No, none. Ordinance No. 1344 - zone map change - M-' to R-3A - Blocks 51 and 52. Northern Pacific Addition (between Plum and Ida. Fridley and Peach) The City Manager presented Ordinance No. 1344, as approved by the City Attorney, entitled: ORDINANCE NO. 1344 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "M-1" . (COMMERCIAL--LlGHT MANUFACTURING) TO "R-3A" (RESIDENTIAL, TWO- FAMILY, MEDIUM DENSITY) ON PROPERTY DESCRIBED AS BLOCK 51 AND BLOCK 52 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MORE COMMONLY REFERRED TO AS THE TWO-BLOCK AREA LYING BETWEEN PLUM AND IDA AVENUES AND BETWEEN FRIDLEY AND PEACH STREETS. City Manager Wysocki reminded the Commission that they had conducted the public hearing on this requested zone map change at last week's meeting, after which they voted to approve it. He noted this ordinance enacts the zone map change and recommended that it be provisionally adopted at this time. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1344, amending the zoning designation from "M-1" (Commercial--Light Manufacturing) to "R-3A" (Residential, two-family, medium-density) on Blocks 51 and 52, Northern Pacific Addition, 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 Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Commission Resolution No. 2854 - adopting the design obi~ctive plans City Manager Wysocki presented Resolution No. 2854, as approved by the City Attorney, 03-09-92 - ----------- --.---.--.--- , , ,. - 4 - entitled: COMMISSION RESOLUTION NO. 2854 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE DESIGN OBJECTIVE PLANS. The City Manager reminded the Commission that they had conducted the public hearing .n this document, and at last week's meeting, they voted to approve those plans as amended. He then stated that attached to this resolution is the revised design objective plans document. He recommended that the Commission adopt this resolution at this time. Commissioner Frost noted that an article in the Planning Magazine reveals that the City of San Berndino has adopted this type of guidelines for the entire city. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission adopt Resolution No. 2854, adopting by reference the design objective plans. 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. .conceDt Dlan review - "Overbrook at Westridoe" - Dan Kamp tor Gene Grat - allow construction of 38-unit condominium PUD on 4.5 acre tract on north side of Westridge Drive (Fiaains Addition) The City Manager noted that a memo from Associate Planner Kevin Wall, dated March 5, along with back-up information and conceptual drawings were included in the Commissioners' packets. Planning Director Epple reviewed the code provisions for the concept plan review process, noting this is the first one to be considered under the new zone code. He noted that under Section 18.54.050 of the new code, concept plan reviews are required for those planned unit developments which include uses not otherwise allowed in the underlying zoning district. He noted that during this review process, the various reviewing bodies are to consider the applicant's proposal and any requirements, standards or policies that may apply; and it provides an opportunity to identify any .major problems that may exist and solutions to those problems prior to submittal of a formal application. The Planning Director then stated that during this review process, no actions are to be taken, but any concerns should be expressed by the Commissioners so that the applicant can respond to those concerns during the formal submittal process. Associate Planner Kevin Wall presented the staff report. He stated that under this 03-09-92 ---.--.- .------..- . , ) ~. - 5 - proposal, the applicant proposed to construct 38 residential units in 10 buildings on a 4. 5-acre tract of land. He stated the subject parcel is generally located east of Video Lottery Consultants, north of Westridge Drive and south of the AS-zoned property along South Third Avenue. He noted that under this proposal, a major subdivision and vacation of an existing street right-of-way will be necessary because this site has previously been platted as a phase of Figgins Addition. He stated .hat a looped driveway is proposed through the subject development, in lieu of the platted cul-de- sac street. The Associate Planner stated that a storm drainage easement had been identifed on the original plat; and that is now in what has been designated as the floodplain. He then stated a portion of the site is currently swampy; and under this development, Figgins Creek would be channeled into a stream bed rathr than allowed to sprawl and meander as it now does. The Planner stated the subject site is adjacent to the old railroad bed; and it is anticipated that the Gallagater Park will be extended to include that portion of the railroad right-of-way at some time in the future. He noted that in the meantime, the developer has proposed a trail around the eastern edge of the project, looping onto Westridge Drive. . Planner Wall stated the Development Review Committee, the Design Review Board and the City-County Planning Board have all reviewed this concept plan. He noted those bodies feel this project is appropriate in this location; however, concerns about traffic were raised. He stated that South Third Avenue issues will be addressed in the transportation plan; and it is anticipated that the applicant will be required to provide some rather detailed traffic impact data with the preliminary plat. He noted that the DRC also raised concerns about ensuring that the water line for this project be tied into the 10-inch water main in Westridge Drive, thus providing a looped water system. He also noted that meeting the 35-foot streambank setback requirement will result in some revisions to the plan. He stated that a 310 permit must be obtained for any stream work; and the applicant has already begun that process. Associate Planner Wall stated that the proposed density of this project is 8.5 units per .cre, which is in conformance with the master plan. He noted that for excellence in design, up to 20 units per acres is allowed; and the inclusion of outstanding amenities can even increase that to 27 units. He then stated that the formal application for this project will be subjected to the lengthy list of criteria for review of planned unit developments, as contained in the zone code. He noted that staff has suggested that substantial landscaping, including a wide variety of planting materials, 03-09-92 - --------.--.------- . , ) +. - 6 - be utilized to minimize the visual impacts of this project in a single-family residential zone. Mr. Dan Kamp, architect representing the applicant, reviewed the proposed plan for the development, noting that some of the buildings along the west side of the project will need to be slightly shifted because of the storm drainage easement and the creek. He then stated that the channeling of Figgins Creek, and the appropriate landscaping of the streambank setback and open .space area, should help to soften the visual impact of this development for residents along Westridge Drive. He further stated that the buildings have been situated to retain as much distance as possible between existing single-family dwellings and these condominiums. Mr. Kamp then showed the Commission slides of the computer-generated conceptual view of the proposed project. He noted that they have attempted to make these structures look like large single-family units rather than the traditional condominium project. He stated appreciation for the concerns expressed about the amount of traffic which will be generated as a result of this project. He then suggested that these units will attract people who work at Video Lottery Consultants and Montana State University; and a substantial number of those people will probably bicycle or walk to work. He noted, therefore, the traffic impacts from this project may not be .UCh greater than from the originally anticipated single-family development. Responding to Mayor Swanson, Mr. Kamp stated the triangular shaped property immediately to the north of this site lies outside city limits. He then noted there seems to be no intent to annex that parcel at this time; therefore, no urban-density residential development may occur on it. Commissioner Knapp noted the proposed project is a beautiful one; however, she does have come concerns about the traffic which will be generated. She noted this is not limited to just South Third Avenue, but includes South Willson Avenue as well. Responding to a question from Commissioner Knapp, Mr. Kamp stated that the applicant had scheduled a meeting with the neighbors two weeks ago; and only two neighbors attended the meeting. He then stated that Mr. Graf does plan to have additional meetings with the .eighbOrhOod as plans progress; and he anticipates more interest as the project reaches finalization. Further responding to Commissioner Knapp, Mr. Kamp stated it is anticipated that most of the people purchasing these condominium units will not be the typical families, but will be young couples, working couples or retired couples. Mr. Kamp then responded that he is presently working closely with the Engineering Office 03-09-92 . I \ .' - 7 - to ensure that the requirements for the 100-year floodplain are being met. He noted that until Assistant City Engineer Craig Brawner raised concerns, he was not so aware of how much of a factor it would become in this development. Responding to Commissioner Knapp, the City Attorney stated that if the City follows federal and State guidelines for development within floodplains, its liability will be minimized. . Responding to Commissioner Vincent, Mr. Tim Dean stated it is anticipated the units will sell in the $80,000 price range, which will make them compatible with the single-family development of Figgins Subdivision. Responding to Commissioner Frost, Mr. Kamp stated it is anticipated that as much water as possible will be detained on site, before it is allowed to enter the creek downstream; however, he suggested that there may be times when that is not possible because of the volume. Responding to Mayor Swanson, Mr. Kamp stated the trail along the boundary of the project will be open to the public. He then suggested that, given the layout of the project and the fact that the landscaping proposed for the open area does not include a nicely mowed lawn, he does not anticipate that the general public will wish to make use of the open area. He also noted .that he does not anticipate conflicts with the agricultural uses on the property immediately to the north. Responding to the City Manager, Mr. Gene Graf stated he has received comments from two of the neighbors about his project. He then stated his intent to have another neighborhood meeting after his plans are more firm. Planning Director Epple noted this application will be back before the Commission for more formal consideration within the next few weeks. ConceDt Dlsn review - PUD to allow construction of tri-Dlex in addition to existing single familv residence on single lot - Richard Pence for Heinz Boeckmann - 412 W. Haves Street City Manager Wysocki noted that included in the Commissioners' packets was a memo .from Assistant Planner David Grisby, dated March 5, along with support information. Assistant Planner Grigsby briefly reviewed the concept plan, noting the applicant wishes to construct a tri-plex on a single lot which currently contains a single-family residence. He noted the subject parcel is zoned R-3A and is located at the corner of South 4th Avenue and West Hayes Street. He noted this parcel is located next door to a large residential structure, probably an apartment house or a fraternity. 03-09-92 - ----- --------- ---------..----------------- - - .. t - 8 - The Assistant Planner stated this application has been reviewed by the Development Review Committee and the Design Review Board; and they concurred that this plan is acceptable in concept. He noted that concerns were raised about parking, drainage and detention, landscaping and the location of the structure. He then stated that it appears that the proposed tri-plex and parking can be accommodated on the subject site without exceeding the allowable limitations; and .that item will be more closely computed with submittal of the formal application. Mr. Richard Pence, applicant, stated the reason for the proposal is the lack of housing in Bozeman, particularly close to the University. He noted the area houses a number of apartments and sororities and fraternities; therefore, the impacts of this structure would be minimal. He noted that the existing house is already rented as a duplex. Mr. Pence stated the proposed tri-plex is of German architecture, which will blend well with the existing stucture while being different. He noted the tri-plex will be constructed so it looks like a single-family house; and the lower level will be constructed as one unit which could accommodate four students, with two two-bedroom apartments above. Commissioner Frost noted that the back half of this lot is already being used for parking; .Mr. Pence responded that it is being utilized mostly by college students looking for a place to park close to campus. Further responding to Commissioner Frost, Mr. Pence stated he plans to continue the lilac hedge around the corner and along the alley, leaving an opening for residents to access the covered parking area. Responding to Commissioner Vincent, Mr. Pence stated the rental rates have not yet been set; however, it appears they will be around $600 per month. Commissioner Knapp noted the need for affordable housing; however, she noted the extreme parking problem in this area, expressing concern that this will only aggravate that problem. She also noted that it will further impact the traffic flow on South Willson Avenue, which is already beyond capacity. She also indicated the number of accidents which occur in that general area .because of the heavy traffic moving to and from campus. Mr. Pence stated that he had originally suggested nine off-street parking spaces; however, he noted that staff suggested that seven would be adequate. He then noted that the house already has adequate off-street parking. Responding to Mayor Swanson, the Assistant Planner discouraged the possibility of adding 03-09-92 .-. .-...---....--...- ----------------------------------- ------ , . t I - 9 - a condition of approval which would require that the residents not park on the street because it woul be extremely difficult to enforce. Mayor Swanson then stated his concern about parking. Commissioner Vincent asked if any studies have been made to determine how many cars .from outside the area park along the streets, suggesting that implementation of a permit system may alleviate some of the parking problems. He then asked about replacing the trees which would be eliminated by construction of the proposed tri-plex. Mr. Pence stated that there are two large trees currently in the back yard. He noted one is a spruce tree which did not grow right and is, therefore, not a really nice tree. He stated the other large tree is a nice one; and if he could move the structure further back on the lot, that tree could be saved. Responding to the City Manager, the Planning Director stated that the R-3A zoning in this area was implemented under adoption of the interim zoning ordinance two years ago, at the request of many residents in that area. The City Manager then asked if the alley which would serve this tri-plex is hard surfaced; .r. Pence responded it is not. Mayor Swanson then indicated that, unless he could be assured that only off-street parking would be utilized for this project, he would have difficulty supporting it. The Commission thanked the Planning staff for this presentation. Break - 4:40 to 4:48 p.m. Mayor Swanson declared a break from 4:40 p.m. to 4:48 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Commission discussion - aarbage collection system The City Manager noted that included in the packet was a memo from Director of Public &ervice Forbes, dated March 6, 1992, along with a substantial amount of back-up information from Street/Sanitation Superintendent Roger Sicz. Superintendent Sicz reviewed the information which he had forwarded to the Commission in the packet. He suggested that, in light of the financial trouble which the Garbage Fund is currently experiencing, the Commission consider authorizing staff to proceed with implementing 03-09-92 .. - - __...__ ,.._____.___..__._________._ _....._ ..n ..".,. , t , fI - 10 - a fully-automated garbage collection system. He then drew the Commissioners' attention to the 90-gallon automated garbage container in the back of the room. He noted that this size container is optimal for easy maneuvering, because its height provides for good balancing. He stated that while the 60-gallon container is smaller, it is actually harder to maneuver because it is not so balanced. . Superintendent Sicz briefly highlighted some of the new programs which have been implemented in the past few years. He stated that since the waste oil collection program was begun in January 1991, 5,000 gallons of used oil have been collected; and the compost collection program has been gathering 250 tons of grass clippings per year. He also noted that the City has received the Landfill of the Year award for excellence, which he attributes to changes which have been made in that operation. Superintendent Roger Sicz stated that the automated system should not discourage future recycling efforts, rather, he suggested that recycling could be increased through education and the City implementing a recycling program. The Superintendent then suggested that the automated system be phased in over the next .two or three years. He stated that under this program, each person serviced by curb-side pick-up would be issued a 90-gallon container; and for those serviced by alley pick-up, 300-gallon containers would be strategically located so that three families could utilize each container. He then noted that this service would also be made available to commercial uses as well as residential uses. He indicated that under his proposal, automated collection service would be provided to the first area of the community by October 1, 1992; and their assessments for Fiscal Year 1993 would be based on the fee schedule he has included in the information submitted. He noted that the remainder of the customers would still be subject to the existing fee schedule; and the assessments would then be converted in the following years, as the automated collection service is extended to new areas. Superintendent Sicz stated there are currently fifteen cities in Montana which utilize the .utomated garbage collection system; and more are converting. He noted that the automated system is operated by one person, rather than requiring two or three persons. He further noted that an automated truck can pick up an average of 700 houses per day, while a manual system can service an average of 320 to 350 houses per day. The Superintendent then stated the containers come in a number of different colors, at 03-09-92 ..- .-...-- . . , ;, - 11 - no additional cost. He suggested that different colored containers could be used for different items, such as green for grass clippings. He noted that to utilize such a program would dramatically decrease the costs of the composting program, as the men must currently cut open the bags of grass clippings and dump them into the truck, possibly decreasing the current $15,000 cost to $5,000. . Superintendent Sicz reminded the Commission that at the beginning of Fiscal Year 1992, the City collected garbage from 6,200 dwelling units; and that number has decreased to 5,000, with those customers now being serviced by Waste Management. He noted that a number of new dwelling units are being constructed within city limits; and the City is picking up only about six percent of those new units. He then stated that the City does not do any of the garbage collection service in Valley Unit Subdivision, where a large portion of the new development is occurring. The Superintendent then noted that the decrease in customers is due to the implementation of the tag system. He noted that as a result of the decrease in customers, the sale of tags is lagging behind projections; therefore, revenues are substantially lower. He reminded the Commission that, as a result of these decreases, the amount budgeted for expenditures was .decreased; and there is potential that more must be trimmed before the end of the fiscal year. Superintendent Sicz stated that if the Commission decides to become involved in a recycling program, for an additional $1.25 per month per family, the City could provide twice-a- month collection of recyclables. He noted that with an educational program on lire-use, reduce and recycle, II the amount of recyclables could be increased and the amount of garbage entering the waste stream could be decreased. Street/Sanitation Superintendent Roger Sicz then reviewed some of the problems which are recurring under the present system. He noted that the crews encounter overweight cans on a constant basis, with 90-cent tags often attached to cans weighing 50 to 60 pounds. Also, messes in alleys are an on-going problem, due largely in part to untagged garbage. He noted that he has been receiving telephone calls from customers, asking when the City will get rid of the tags .nd get the alleys cleaned up. He suggested that to offer an automated garbage collection system, with recycling service, would help to address these complaints. The Superintendent then stated that about 16 percent of the 1456 tons dumped in the landfill this past year was from City garbage collection trucks; therefore, 84 percent of the trash is not subjected to the volume-based rate system. 03-09-92 _.____ _u.._.._.._ ____.__.___._. _ ____._ -... ._-----~_._.,_. ... -- ---.--- . ~ - 12 - Commissioner Knapp expressed amazement at the number of problems the City has had with the new volume-based rate system, and the lack of resident cooperation. She then returned to the original concept and the attendant goals, which were (1) to reduce the waste stream to the landfill, through recycling, and (2) to make the cost more equitable throughout the city rather than based on the number of rooms in the house. She noted that the tag system has dealt well with .the issue of equitability; however, in meeting that goal, several other problems have developed. She noted the loss of patrons and the impact on City staff because of their inability to clean up untagged messes are some of those problems. She noted the automated system would get the alleys cleaned up; however, it would not help to reduce the waste stream. She stated that for those who have developed good recycling habits, there is no incentive to continue to do so, even with a 60-gallon container being made available. She further noted that even if she fills a 60-gallon can once a month, she will be paying the same amount as one who fills the can every week. Commissioner Knapp then stated that if the City decides to make this choice, it must be combined with a recycling program which is provided at no additional cost to the customer. She noted that with the existing tag system, the City has not made recycling really convenient; and she efeels that the success of any program to reduce the waste stream is tied to that. Commissioner Vincent noted that caution must be exercised in making a change to automated garbage collection because of the capital investment. He stated that, while he sees advantages to the proposed system, he also sees some difficulties. He noted that while the automated system may provide long-term benefits, in the short term there are many disadvantages. He noted that many people will see an increase in costs under an automated collection system; and the cost incentive to reduce the volume of waste will be eliminated. Commissioner Vincent noted that several people have questioned whether the current system is volume based or weight based, particularly since two bags which have been filled reach the 30-pound weight limit even though the 30-gallon can may be only half full. He then stated .that under the current system, he has learned to recycle everything possible; and his garbage output has been reduced to one 3D-gallon container per month. He noted that this has resulted in a decrease in garbage collection costs from $99.90 per year to $50.80 per year; and under the proposed fees for the automated system, his costs would once again rise to $100.00 a year. He stated that with the additional capacity available in the new containers and the lack of incentive to recycle, people will tend to throw their recyclables into the garbage can instead of taking the 03-09-92 __.___._._ .__ 00.- . . -00- . . - 13 - time and effort to separate and prepare them for recycling. Commissioner Vincent noted that in the past, the City crews would take everything set out for collection. He stated that while those days may be gone, and perhaps rightly so, he feels that the crews should be provided with a system that would allow them to pick up all of the garbage that can be appropriately collected. He noted that this would restore customer satisfaction eas well as employee satisfaction. Commissioner Stiff expressed concern about the Garbage Fund, and its current financial problems. He also registered concern about converting half of the city to automated garbage collection at a time, instead of undertaking it as a single conversion effort. He then stated that he is not a real strong advocate of automated garbage removal; however, he feels it is the lesser of his concerns at this time. He also noted the City has been known for its good solid waste program in the past; but it is not at the present time. Commissioner Stiff then stated his support for recycling; however, he does not feel it is a City function to start warehousing recyclables. He noted that, no matter what system is utilized, the primary objective should be to provide the lowest price possible to the customer or the City will ebe out of business in garbage collection. Commissioner Frost stated that one of the main problems at this time is that the City is being underbid by the competition, which can dump at another landfill for less than the City can in its own landfill. He then asked if it would be possible to establish the rate that will be charged for garbage collection within the city limits, no matter who provides the service; the City Attorney responded he must research that question. Commissioner Frost then stated support for Commissioner Vincent's comments, noting two of his neighbors are retired and set out one can of garbage only once every three or four weeks. He expressed concern about the fact that in Helena, the automated garbage cans sit out all of the time. He then noted an automated collection system will not be without problems; and the City will have to deal with them. e Mayor Swanson stated his interest in ensuring that any system implemented by the City responds to the new federal and state goals to reduce the waste stream by 25 percent over the next four or five years. He then noted support for the automated garbage collection system; however, he would like to see it made flexible. He suggested that such flexibility could be provided by allowing those with alley pick-ups to have a GO-gallon container, and allowing customers to 03-09-92 u. __"._ __.. ....-.--.----..- ..--...----- . , . I - 14 - subscribe to weekly, bi-weekly or even monthly pick-up service. He also expressed concern about the possibility of putting private recyclers out of business if the City decides to become involved in providing curbside recycling services to its customers. Street/Sanitation Superintendent Sicz responded to the various concerns raised by the Commissioners, contending that the 90-gallon containers will not promote more garbage. He noted .that the automated system will be more cost effective, both now and twenty years from now. Responding to questions from Mrs. Sharon Witt, the Superintendent stated that the current fee structure is a sliding scale, based on the assessments for a single-family residential unit. He noted that, because of the problems which were incurred at apartment complexes, the optional flat fee for dumpsters was implemented. Mrs. Witt then stated that she has several written comments about the current system, which she will distribute to the Commissioners if they so desire. She then stated that while she likes the current system for her own single-family residence, she does not like it for the rental units which she manages. Mr. Dan Canton, President of the Bozeman Landlords' Association, stated the Association .represents approximately 2500 rental units in the Bozeman area. He noted that landlords can absorb only so many costs; and if the costs of garbage collection rise too much, they'll be passed along to the tenants. Director of Public Service Forbes encouraged the Commissioners to make a decision on whether they are interested in pursuing the possible conversion to an automated collection system as quickly as possible. He then asked what information they feel is needed in helping them to make that decision. He noted that if this is a live proposal, staff is willing to provide whatever information is desired; however, he noted his lack of interest in pursuing a proposal that the Commissioners do not support. The Commission requested that staff prepare further information on implementation of the automated garbage system, which report will be brought back before the Commission in two .weeks. Recess - 5:35 D.m. Mayor Swanson declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled work session and completing the routine business items. 03-09-92 . . . , - 15 - Reconvene - 7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled work session and completing the routine business items. Aooointment of Commissioner to serve on Engineering Consultant Selection Committee - to review .statements of aualification for water and sewer reDair and reDlacement City Manager Wysocki presented to the Commission a memo from Director of Public Service Phill Forbes, dated March 6, 1992, requesting the selection of a City Commissioner to serve on the committee to review the statements of qualification for sewer and water repair and replacement program. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that Commissioner Knapp be appointed to serve on the Engineering Consultant Selection Committee to review statements of qualification for water and sewer repair and replacement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Commissioner Knapp . abstained. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Reauest for modification to conditions for aooroval of CUP - James Marshall. Sacaiawea BackDackers Hostel (405 W. Olive Street) - eliminate one of the reauired off-street oarkina SDaces: Der DRB recommendation Authorize City Manager to sign - aareement with Montana Hiahway Traffic Safety Ad ministrator (safety analysis of UD to 20 off-system intersections within city limits) Authorize City Manager to sign - pipeline Dermit aareement with Montana Rail Link - 6-inch water main extension on Front Street between Broadway and McAdow Reaoooint Mike Monev to TIFID Board Authorize exoenditure of addition $1.150.90 for comoletion of desian objective Dlans (transfer from General Fund to Planning to be included in third auarter budaet review) . 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 voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 03-09-92 . _.....__m ___._.__._. u___. . . . . - 16 - Commission work session - discussion of sian code Issues City Manager Wysocki noted that a memo from Planning Director Epple, dated March 3, was included in the Commissioners' packets. The Mayor briefly reviewed the manner in which this work session was to be organized, requesting a report from the Planning Director, followed by questions and comments from those .in attendance, then questions from the Commissioners. The Planning Director submitted his report, expanding on each of the three issues which he had identified in his memo. For ease of reviewing the issues and attendant comments, these minutes have been organized to include all discussion on a particular issue under that issue, rather than in true chronological order. Planning Director Epple prefaced his review of the issues by indicating that these are rather broad topics which have been identified through comments from various Commission members, members of the public, and concerns raised by staff. He stated that his memo does not provide any suggested or proposed revisions, rather this discussion should generate some options and direction. The Planning Director reminded the Commission that there is a sign ordinance at this time, .under which the City currently operates. He noted that all of those regulations will remain in place until they are revised through the appropriate process. 1. Allowable sign area and heights (general). The Planning Director noted that the current code allows one freestanding sign per street frontages, with height limitations ranging from eight to twenty-eight feet, depending upon the distance of setback from the property line. Also, the allowable area limitations range from 48 to 96 square feet, depending on those same setbacks from the property line. He stated that, because of these height and size limitations, those signs close to the property line tend to be monument type signs while those further back tend to be pole-mounted signs. Planning Director Epple stated that Mr. Hinshaw, the consultant who prepared the design objective plans, suggested that an eight-foot-high monument sign is rather massive and suggested .hat the height limitations be reduced to five or six feet. The Director then forwarded the question of whether the Commission wishes to make any adjustments to the allowable areas and heights, suggesting alternatives may include lowering the size of monument signs while increasing the allowable height of pole-mounted signs near the front property line or the allowable increases be started closer to the property line so that the maximum 03-09-92 -.....-...- n_____._ _ ._no.. _. . j - 17 - height allowed will be reached closer to that line. Mr. Carl Solvie, GranTree Inn, 1325 North 7th Avenue, asked for the equation for setback of signs from the front property line, and how the increase in height and size are determined. The Planning Director responded by indicating that the height may be increased one e additional foot for each three feet of additional setback; and the size may be increased 1 1/2 square feet for every additional three feet of setback. He then diagrammed this equation for those in attendance. He also observed that this code is not as restrictive and inflexible as people tend to portray it, particularly with the option of seeking a 20-percent deviation through design excellence. Mr. Doug Alexander, 300 East Griffin Drive, noted that if monument signs were limited to five or six feet in height, the outside car on a four-lane roadway would be unable to see them. He stated, therefore, he is opposed to that proposal. He then suggested the possibility of allowing freestanding signs which are no taller than the top of the building. He noted that in some situations, a 20-foot-tall sign does not look out of place. Mr. Alexander stated this ordinance seems to have been designed for a new community with no buildings in it. He noted that its provisions do not accommodate items such as Mr. Cook's emotel or his own service station immediately to the north. He suggested that the code should allow the installation of an unobtrusive sign in a logical location on the existing site. Responding to questions from Mr. Jim Stephens, Bobcat Lodge, 2307 West Main Street, Planning Director Epple stated that signs may be attached to the building, with the square footage to be based in the square footage of the building or the linear front footage of the lot, whichever is less, to a maximum of 400 square feet of total signage. He then stated that roof-mounted signage is not allowed on a flat roof and is allowed only on a pitched roof under very stringent guidelines. Former Mayor Bob Hawks prefaced his comments on the listed items by noting that the atmosphere of this meeting seems conducive to discussion and attempting to resolve problems with the current code. He then encouraged the Commission to take advantage of this tenor and attempt .0 resolve those issues. Dr. Hawks noted that one basic premise of the sign code was to create an envelope in which signs could be constructed with minimum visual impact. He suggested that, in lieu of a straight-line progression for the height and size of signs, an envelope based on the height of the structure on that lot could be utilized. He noted that this change would meet the original intent of 03-09-92 . . , - 18 - the height limitations. Mr. Joe Sabol, 225 East Mendenhall Street, noted the lion's share of the existing non- conforming signs are located within B-2 and B-3 zoning districts. He noted that a review of properties within those districts revealed very few, except large stores and shopping centers, where . there is 75 feet between the front property line and the building, which suggests that the existing sliding scale is unrealistic. Mr. Sabol noted that the code refers to monument signs; however, there is no definition in the code. He suggested that this could create administrative problems in the future. He then stated that, on the whole, he has no real disagreement with this section of the code, although the figures could possibly use slight revision. Mr. Tom Stenzel, Western Heritage Inn, 1200 East Main Street, asked if lighted signs will be allowed under the new code requirements, noting the importance for motels to have signs which are easily visible and recognizable to sleepy motorists. The Planning Director responded that illuminated signs are allowed, under certain requirements which are spelled out in the code. He then characterized those requirements as very ...., reasonable under the new code, although they do not allow for flashing lights. ~ Mr. Keith Swenson, 603 South Willson Avenue, suggested that the sliding scale for increased sign height and size could be revised to include the current ratio close to the property line, changing to a three-to-one ratio a certain distance from the property line, or it could be the ratio utilized for the entire distance. Mr. Tom Burnett, 31669 1/2 East Frontage Road, stated that the way the sign code is written leads people to monument signs, rather than encouraging unique signs. He then noted some of the signs that would be impacted by this code, noting the Bridger Bowl flashing light on the Baxter as well. Mr. Burnett then asked if the sign code is going to be enforced uniformly or on a complaint ~basis only, citing the recent day care center sign as an example. - - Commissioner Frost noted that under the interim zone code, unlimited deviations were allowed in conjunction with design excellence; however, he noted that in reality, applicants simply wanted to keep their existing signs. He noted that because of the subjectivity involved in that process, people requested a more objective process. Commissioner Frost then stated support for the idea of drawing a line from the property 03-09-92 . . , " - 19 - line to the top of the building, and developing an envelope for a sign that would allow it to be taller as it is moved closer to the building. He suggested that while it might be appropriate for a sign to appear as tall as the building, it should not visually exceed the height of the building, thus breaking into the viewscape. Commissioner Stiff stated support for the current eight-foot height for monument signs. .He then suggested it may be beneficial to adjust the sliding scale for height and size, to allow the maximums to be reached more easily, noting that such adjustments may make it possible to accommodate requests such as Mr. Gene Cook's recent one. Commissioner Vincent stated it is apparent there is some room for flexibility in this area, without compromising the intent of the code. He then noted his willingness to consider a viable alternative to the current code provisions. Commissioner Knapp noted the signs on the south side of Helena, while not monument signs, are not so high that they are obtrusive. She noted they were on poles, allowing the use of reader boards at service stations, and served well to identify the various businesses. Mayor Swanson reminded the Commissioners that Mr. Hinshaw had cautioned them that .the changes they are proposing under the design objective plans will be slow, possibly not really showing for up to ten years. He then suggested that many of the signs which are higher than eight feet would be in compliance with the design objective plans; and he does not feel those signs should have to be removed. 2. Sign amortization. The Planning Director reminded the Commission that the sign amortization schedule in the current zone code provides a sliding scale which requires that all non-conforming signs be replaced between October 1, 1992 and October 1, 1998, based on the adjusted market value. He noted that the "adjusted market value" is determined by adding the original cost of the sign plus installation costs, less 5 percent of that total for each year it has been in existence. He stated that formula means that any sign over twenty years old must be replaced by October 1 of this year, as .well as any sign whose adjusted market value is less than $2,000. The Director stated that in conversations with Mr. Rich Ungar, the consultant from SRW who prepared this section of the code, he has suggested that the $2,000 should possibly be lowered to $500. He noted the consultant has also suggested that, based on the provisions of the existing sign code, 75 to 80 percent of the existing signs are non-conforming. 03-09-92 - ..-- . ., I' - 20- The Director then suggested an alternative to the sliding scale amortization schedule would be to establish a single amortization date, to be set for four to five years from now. He stated that, because of the administrative nightmare that would be incurred under the sliding scale, staff has indicated support for this option, noting that the single date would eliminate potential differences of opinion about the value of a sign. . Planning Director Epple then reviewed the criteria under which a Certificate of Appropriateness may be issued for a non-conforming sign. He stated that revision of those criteria could provide for more objective decisions on requests to retain signs, particularly since he anticipates that several such requests will be forthcoming as the requirement for bringing signs into compliance arrives. The Director then forwarded the question of whether the Commission wishes to consider any changes to the amortization schedule as it presently exists. Ms. Betsy Taylor, Days Inn, 1321 North 7th Avenue, asked about signs which the Commission approved several years ago but which are not in compliance with the new zone code; the Planning Director responded they will be subject to amortization. . Dr. Bob Hawks noted that amortization is the threatening aspect of this section of the code. He reminded the Commission that all of the evidence from other cities which have utilized a single date amortization reveal that it falls subject to all kinds of stalling tactics and pressures. He then stated he is not comfortable with the present amortization schedule, suggesting it should be based on age rather than on value. He suggested that an advisory committee could be established to estimate the age of those signs for which the business owner cannot easily provide an accurate date. Mr. Joe Sabol noted that when this issue was discussed several months ago, then Mayor Bob Hawks requested a legal opinion on the amortization issue. He then asked if the City Attorney has prepared that opinion; City Attorney Luwe responded he is in the process of researching the issue, noting that he has received information from the consultant who drafted the code as late as east Friday. He indicated the response should be ready to submit to the Commission in the very near future. Mr. Sabol noted the existing amortization schedule is a sliding scale based on dollars; and staff has proposed a single amortization date as another option. He then noted the amount of time it will take to administer this section of the code, particularly when 75 to 80 percent of the existing 03-09-92 -------..- .,..--- .-.---.-- . -, f - 21 - signs are non-conforming under the new code. He reminded the Commission that the first amortization date under this schedule is October 1992, which is rapidly approaching. He further noted that many businessmen, for whatever reason, seem to have been unaware of this requirement; and many of them could incur financial difficulty in meeting that date. He suggested an alternative may be to place a two-year moratorium on the amortization schedule, with the .schedule to then be re-instated as is. He noted this would put people on notice, and provide the needed time for preparation. He further noted that in the meantime, all new signs would be required to meet the code requirements. Mr. Sabol then questioned the criteria for determining what a "positive contributing element" is to allow an existing sign to remain. He stated it is important that everyone know what those criteria are so that they can judge for themselves whether an existing sign could be allowed to remain under the new code. Planning Director Epple reviewed the wording in the existing code, noting that it applies to historic elements. He then noted that the design objective plans also contain some criteria which could possibly be incorporated into the criteria to be used in determining if an existing sign should .be allowed to remain. Responding to a question from Mr. Sabol, the Planning Director stated it is theoretically possible to seek a variance for a sign, based on the criteria for variances. Mr. Sabol responded he does not believe that any existing sign would meet the criteria for a variance. Mr. Keith Swenson cautioned against rolling back the amortization schedule, encouraging the Commission to retain the schedule as it is, except for possibly lowering the value of signs to be amortized in the first year to $500. He also suggested a possibility would be to require that all signs currently without permits be subject to replacement by October 1, 1992, with the actual amortization schedule in the code then being moved back to start on October 1, 1993. He also stated his opposition to the creation of a single amortization date, noting the many problems that .urround such an approach. Mr. Swenson suggested the creation of a steering committee, comprised of business people and possibly someone from a sign committee, to work with staff in accomplishing the valuation process. Commissioner Frost noted that in Missoula, he recently asked business owners about the 03-09-92 -------- . .- " - 22 - sign ordinance; and three out of four business owners didn't even know there was a sign ordinance. He then stated that he could support setting back the amortization schedule by one year, with the illegal non-conforming signs being subject to replacement by October 1992. He then stated that if there is going to be heat over this amortization schedule, this Commission should take it rather than passing it on to a future Commission. . Commissioner Frost then addressed the issue of adjusted market value, noting support for Dr. Hawks' suggestion that age be used rather than value. He also addressed the issue of establishing criteria for evaluating whether an existing sign is a positive contributing element to the community. He noted that in the information from the "Your Town" workshop, there were some design criteria that could easily be incorporated into this ordinance, along with the criteria in the design objective plans, for excepting signs from the requirements of the code due to design excellence. Commissioner Stiff expressed concern about the amortization schedule, noting it seems to be actually based on a kind of "aborted book value," rather than an adjusted market value. He noted that the schedule hits the small business hardest, because they are typically the ones with .the smallest and least costly signs. He then characterized this as being "reverse Robin Hood" because it tends to take from the small, struggling businesses first instead of the rich. He then stated the business community deserves more sensitivity on this matter. Commissioner Vincent stated that Bellevue, Washington, has had a very strict sign code in place for several years; and a conversation with the gentleman who is responsible for enforcing that code revealed that the one mistake they made was amortizing the signs too quickly. He then stated support for Mr. Sabol's proposal, noting a one-year moratorium might be a step in the right direction. Commissioner Knapp noted that if the Commission changes the sign code now, then future Commissions will be pressured to postpone the amortization again and again. She then noted that the Commission has previously made its decisions; and she feels that they should now .en enforced. She did note that she feels that enforcing these requirements on the illegal non- conforming signs in the first year would be appropriate. Mayor Swanson suggested that, in lieu of implementing the amortization schedule immediately, the City work with groups of business owners to determine which signs must be changed. He also suggested that any necessary legal work could be completed during this review 03-09-92 . . ., , - 23 - process. He then noted that once this preliminary work has been done, the deadlines for amortization could be established; and everyone involved would know well in advance when the signs must be changed. 3. Interchange signage. Planning Director Epple reminded the Commission that the design objective plans, which .were adopted earlier in this meeting, identify commercially-zoned properties within 1,000 feet of the on-off ramp as interchange signage areas. He stated that within those zones, one additional freestanding sign can be erected; and that sign must have a minimum clearance of 30 feet, a maximum height of 65 feet, and a maximum area of 400 square feet. He noted that staff had originally interpreted this section to mean that only one freestanding sign was allowed; however, he noted that a literal review of the language in this section reveals that a second interchange sign is allowed. The Director stated that in meetings with businessmen along the North 7th Avenue and East Main Street interchange areas, they have expressed a strong desire to eliminate the 3D-foot minimum clearance while retaining the 65-foot maximum height. He suggested that with the ability .to erect two freestanding signs at different elevations and orientations, the elimination of the minimum height may not be necessary. Mr. Larry Hanson, Bozeman Inn, 1235 North 7th Avenue, expressed concern about the 1,000-foot limitation on the interstate sign zone. He noted that the zone ends in the West Oak Street right-of-way; and his motel lies along the south side of that street. He then asked that the distance be amended to include his motel, particularly since it is the only one close to the interstate that would not have the option for such a sign under the current codes. He then asked for clarification on the height requirements within that zone, noting that his existing sign is approximately 40 feet tall. Commissioner Stiff noted the service station immediately across North 7th Avenue, which is also immediately outside the 1,000-foot radius from the interchange. . Mr. Doug Alexander proposed that the minimum height be removed from the interstate signs, noting support for the 65-foot height limitation. Mr. Carl Solvie encouraged that the 3D-foot minimum be eliminated. He noted that there are instances when more appropriate signage could be utilized if that minimum did not exist. Dr. Hawks noted that this item was considered previously and discarded, primarily because 03-09-92 . , , I - 24- of the difficulty in trying to draw a logical boundary. He then cautioned that if an interstate sign zone is created, care must be taken to establish the boundary based on some acceptable standard, not just who is in and who is out. Dr. Hawks then noted that the current provisions for interstate signs do not provide a sliding scale for area to height; and he feels that type of scale should be included. He also stated .that he feels a minimum height is necessary, to ensure that those large signs are above the viewscape. Mr. Keith Swenson noted that during discussions with businessmen when the zone code was being drafted, the City indicated concern about the 1400-foot distance for the interchange sign zone. He then noted that Mr. Stenzel's motel is 1380 feet from the interchange. He then suggested that the 30-foot minimum height does create problems which could be avoided, noting that was not the intent of those who had initially drafted the document. Mr. Swenson noted that the existing sign at The Store is only 30 feet tall, noting that given the topography of East Main Street, even a 30-foot-tall sign can seem tall. He also expressed concern that a 65-foot-tall sign in that location could be visible across the top of the hill. He then .suggested that, rather than a 1400-foot distance from the interchanges, it may be more appropriate to consider each interchange separately. Commissioner Frost stated he does not have a problem with establishing a 1400-foot interchange sign zone. He then suggested that, to avoid potential problems with the height of signs in this zone, it might be more appropriate to establish the height from the top of the interstate as opposed to the adjacent street. He further suggested that, since this zone allows a second freestanding sign, the 20-percent deviation should not be allowed for these signs. He also suggested that the size of these signs should be placed on a sliding scale also, rather than allowing a 400-square-foot sign at 30 feet. Planning Director Epple then submitted two additional issues, not included in his memo, for Commission consideration, as follows. . 4. Allowing a business to utilize either interstate signage m: the logo sign program. The Planning Director stated that a survey of the business interests near the interchanges revealed that if required to make a choice, they would almost unanimously choose the interstate signage over the logo program. He then stated that the way the code is currently written will allow businesses to have both; and any intent to create an either/or situation will require a code 03-09-92 ------ - __n.__ .,._ . . f, j' - 25 - amendment. Mr. Doug Alexander stated that most people feel the interstate logo sign program is an institutional program and does not really bring more people to a business, even though it is expensive advertising. Mr. Carl Solvie noted that the logo sign program was designed to assist motorists, not as .advertising for a specific business. He stated, therefore, that to create an either/or situation is not appropriate. Commissioner Knapp stated that, after review of the interstate signage and the interstate logo program, she feels the two are entirely separate programs; and reference to the logo program should not be included in the sign code. 5. Possible expansion of the interchange sign zone from 1,000 to 1,400 feet. Planning Director Epple stated that a1 AOO-foot interchange sign zone was included in the interim zoning ordinance; and he noted that distance was established following careful coqsideration by the local ad hoc sign committee. He then stated that any revision to the size of / this zone must be accomplished by resolution revising the design objective plans, since that is the .document in which the boundaries of this zone are set forth. Commissioner Stiff stated support for extending the interchange sign zone beyond the 1,000 feet which is currently provided. Commissioner Knapp suggested that the interstate sign zones be considered on an individual basis, rather than trying to establish a specific distance that is to be applicable to all. Mayor Swanson concurred with Commissioner Knapp's comments, noting that different standards should be established for the different interchanges, especially in light of the dramatic differences in the interchanges. Mr. Alexander noted that under the current code, if a property owner or business owner wishes to improve his property, he must immediately bring his signs into compliance with the code, even if all he is seeking is the ability to install new windows and change the appearance of the .ront of the structure. He stated this serves as reverse psychology for the property owner and results in leaving the structure as it is. Following a brief discussion, Mayor Swanson requested this item be placed on the agenda within the next two or three weeks for further discussion. · ~B. -..----. ---- -----------.--------- . .. .' j' - 26- Break - 9:05 to 9:17 D.m. Mayor Swanson declared a break from 9:05 p.m. to 9: 17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Director of Public Service Forbes, dated March 5, 1992, regarding a meeting scheduled for 2:00 p.m. on March 19 at the Bozeman Public Library regarding the Idaho Pole Superfund site. (2) Letter from the Montana Recreation and Park Association, dated February 5, announcing that Park Superintendent John McNeil has been recertified at the Technician level. (3) Announcement from the Montana Department of Transportation, dated February 28, of a meeting scheduled for 7:30 p.m. on Monday, March 23, at the Monforton School regarding the reconstruction of a section of Highway 84 just west of Four Corners. . (4) Memo, dated March 5, announcing a schedule of meetings to review space needs for the Police Department and the City Court, and their needs for space under the proposed move to the Law and Justice Center. (5) Letter from Teresa Waters, 407 West Alderson Street, dated March 4, 1992, proposing a long, narrow flower bed along the north fence of Southside Park, with the flowers to be planted and maintained by the residents. Mayor Swanson stated his interest in pursuing this proposal, particularly in light of the substantial neighborhood support which she depicts. He then requested this be forwarded to the appropriate City staff members for consideration and possible implementation. (6) Copy of the revised application for boards and commissions, in response to discussions at last week's Commission meeting. . (7) Agenda for the March 10 County Commission meeting, along with daily minutes for the week of February 24 and minutes from the March 3 meeting. (8) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Tuesday, March 10, in the Commission Room. (9) Copy of the notice soliciting applications for boards and commissions, which 03-09-92 -- ..----- -----------.----- ._____ _. n_ . . ... (.\ {' - 27 - includes a March 18 deadline. (10) Agenda for the DRC meeting to be held at 10:00 a.m. on Tuesday, March 10. (11 ) Agenda for the DRB meeting to be held at 4:00 p.m. on Tuesday, March 10. (12) Memo from the Planning office, dated March 6, listing the schedule for ORB members. . Commissioner Vincent expressed concern about the division of the DRB, particularly in instances where theirs is the final decision. He then asked if a decision by four of the eight members is acceptable. City Attorney Luwe stated that the requirements set forth in the zone code stipulate that three members, two of which must be professionals with at least one being an architect, comprise a quorum. (13) Agenda for the Board of Adjustment meeting scheduled for 1 :30 p.m. on Thursday, March 12. (14) Notice of the Chamber of Commerce Governmental Affairs Committee meeting scheduled for 7:30 a.m. on Thursday, March 12, at the Holiday Inn. . (15) The City Manager submitted his weekly report, as follows. (1) Announced that 340 delinquent notices were sent to businesses; and it anticipated that those business licenses will be brought up to date within the next two months. (2) Noted that reminders will be mailed next month for the May special assessments, due to the number of delinquencies that occurred under last year's method. (3) Noted that Anderson School and the Gallatin Gateway Elementary School have requested that the City's DARE program be extended to their schools as well. He stated that the Police Department is attempting to develop a cost and scheduling to accommodate those requests. (4) Announced that State Farm insurance is providing two video cameras for use in the DUI program as well as for other investigations. (5) Noted that the Library personnel are preparing for the State Library Conference, which is to be held in Bozeman in April, with an anticipated 400 to be in attendance. (6) Reminded the Commissioners of the Interagency Breakfast to be held at .:00 a.m. on Wednesday, March 11, at the Baxter. (7) Announced the TCC meeting scheduled for 10:00 a.m. on Wednesday, followed by a task force meeting in the afternoon. (8) Announced that the Recreation Division is conducting a spring break program for school-aged children next week. (9) Announced that the Chamber's tourist information booth is to be moved from the Bozeman Inn parking lot to the Sculpture Park on March 30 or 31. 03-09-92 - _. __.. - .__nn..__..__._ ------.-- ~L (\ , - 28 - ( 16) Commissioner Knapp submitted the following. (1) Attended the trails breakfast meeting, at which information was distributed on the Surface Transportation Act, which contains $5.3 million for the trails program in Montana. She noted these monies are available in addition to the Symms bill. (2) Thanked the Clerk of the Commission for the bulletin board on the back wall of the Commission Room. . (17) Commissioner Vincent stated his intent to bring back a proposed policy for appointments to boards and commissions, for Commission consideration in two weeks. He expressed concern about the lack of opportunity to review applications and talk to applicants under the current system, suggesting that the process be lengthened and made more public. ( 18) Commissioner Stiff stated last week was a busy week, but at least one other Commissioner was in attendance at all the meetings which he attended. He then noted his attendance at the City-County Planning Board, expressing concern that if their meetings continue to be as lengthy as some of the recent ones, the Commission will begin losing its appointees to that board. He also suggested it would be beneficial to identify alternate sites, so that large meetings could be easily relocated to avoid crowding the room beyond capacity, which also occurred .recentIY. (19) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting on Tuesday night, noting that he left before midnight. He noted that, although the Board adopted the same schedule as the Commission, they did not enforce the time limits. (2) Attended the trails luncheon meeting. He noted that Bozeman and Missoula are the only two communities in the State with a trails master plan in progress, which should help in garnering funds. (3) He and Steve Schnee met with the Chronicle staff on Thursday to discuss tax increment financing. (4) Noted that all changes have been made to the tree ordinance; and copies have been distributed to the ad hoc committee members as well as the City Attorney and Director of Public Service for review prior to the next committee meeting, which is scheduled for March 31. (5) Announced that he, Mayor Swanson and City Attorney Luwe have signed up for the wheelchair basketball .tournament on March 28; and he is seeking three more team players. (20) City Attorney Luwe stated that he and Staff Attorney Susan Wordal met with Zone Code Enforcement Officer Beall to discuss citing zone code violations into City Court on a criminal complaint. He stated this process is scheduled to begin April 6, after appropriate notice has been given. He then noted that some ordinance changes may be necessary to provide for more 03-09-92 ---..-.--- ..-. .- _._ _ .___.n - ._.. __._______.__. .__._.______n !VI f. \ - 29 - appropriate processing of these complaints, The City Attorney then addressed the difference between illegal non-conforming signs and legal non-conforming signs, noting that illegal non-conforming signs cannot be amortized because they are in violation of the code, (21) Clerk of the Commission Sullivan noted that an intent to appeal the City-County .Planning Board's decision on the Dickenson Apartments has been filed; and it is anticipated that the full appeal will be filed by tomorrow's deadline, She noted the next standard hearing date will be April 6, but asked if the Commission would be willing to set that hearing date for March 23 instead, She also noted that Planning Director Epple has also requested that the Commission consider setting aside the next two Monday evenings as work sessions on the zone code, if they choose to utilize the standard hearing date, Following a brief discussion, the Commission set the hearing date on the appeal for March 23, and agreed to a work session on the zone code on March 30, in addition to the regularly scheduled evening session on April 6, (22) Mayor Swanson submitted the following, (1) A letter from Sas Swigert Weber, .dated March 6, regarding the quality of the water at the Swim Center. (2) Noted the editorial in the Bozeman Dailv Chronicle regarding crosswalks and the safety of pedestrians in Bozeman. He then asked that a more extensive enforcement program be implemented to make those crosswalks safer. (3) Distributed a schedule of Native American Awareness Week activities to the Commissioners. (23) Commissioner Vincent asked about the process for making a decision on the garbage collection issues, and whether a public hearing will be involved, The City Manager briefly reviewed the process he envisions will be utilized, noting that a public hearing should definitely be a part of that process, Adjournment - 9:45 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. 03-09-92 --- ....---.-- ----.-- ,. f', ., - 30 - .ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission . . 03-09-92 ... -.---.-. ,,-- ____._.._.._.__...__....______.u_