HomeMy WebLinkAbout1992-02-03 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 3, 1992
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The Commission of the City of Bozeman met in regular session in the Commission Room,
&uniciPal Building, February 3, 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.
Mayor Swanson asked if any of the Commissioners desired that any of the Consent Items
be removed for discussion. The City Manager requested that the deviations at 913 South Grand
Avenue be removed for discussion.
Minutes - Januarv 27. 1992
Mayor Swanson deferred action on the minutes for the meeting of January 27, 1992, for
ea period of one week.
Decision - street trees slona CVDress
City Manager Wysocki submitted to the Commission a memo from Director of Public
Service Phill Forbes, dated January 30, setting forth three options for Commission consideration,
as follows:
1. We can proceed as originally planned, or with an allowed site
substitution, with Commission concurrence prior to planting; or
2. We can reject the bids for the Cypress trees and turn back those grant
monies; or
3. We can pay for the trees out of the Tree Maintenance budget unit and
establish the trees in the nursery for later use in an "acceptable" area.
e The City Manager then stated that the City has not yet received a definite response from
the Small Business Administration on whether the grant monies can be utilized in a substitute site.
Commissioner Frost stated that he has carefully read all of the comments forwarded at
last week's meeting as well as the letters received. He then stated that he does not feel that these
proposed trees will result in decreased safety to the park or the neighborhood. He further noted
that since these are street trees, they will not decrease the amount of park space available; and
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they will serve to delineate the park. He also suggested that these trees will serve to enhance the
neighborhood as well as the park; and he feels the project should proceed as originally planned.
Commissioner Stiff stated his appreciation for the uniqueness of this park as it exists. He
then noted the strong neighborhood integrity of this area, and the high percentage of individuals
.opposed to this street tree planting. He then noted that the amount of grant monies that would
. be lost if it is determined that a substitute site cannot be utilized is minimal; therefore, that issue
should not be involved in the decision-making process.
Commissioner Vincent stated it is important to respond to public input; and the
Commission has received a substantial amount of input in opposition with no input in support. He
further noted that the neighborhood's comments have been based on not only their concerns but
concerns about what is best for the park as well. He further noted that a substantial portion of the
park has a significant number of trees; and the open space is a prime area which must be
protected. He noted that there are times when a neighborhood's desires are in conflict with what
is in the City's best interests; however, he does not feel this is one of them.
Commissioner Knapp noted that one of the objections raised pertains to concern about
_safety of people in the park; however, she has neither seen nor heard any evidence that there have
been occasions where people were unsafe in the park. She then stated it is a Commissioner
obligation to be responsive to all of the citizens; and the Commissioners have heard from only those
in the immediate neighborhood. She further noted the Commission has developed a policy of
upgrading City properties to the standards which it requires of other developers; and part of that
policy, which was developed through open and public process, involves the upgrading of the street
trees.
Mayor Swanson apologized to the area residents for the high level of anxiety which they
have experienced in recent weeks because of this proposal. He then noted that at the bottom of
the Commission's weekly agenda is a listing of the top priority goals for this fiscal year; and
."Iandscape and maintain attractive city, beginning with City properties' is one of those listed goals.
,He noted that the Commission has recently created a tree maintenance district, with overwhelming
public support, in an effort to further that goal.
Mayor Swanson noted the concerns raised by residents of the area about homeless and
transients living in the park; and he feels those concerns should be forwarded to the Police
Department. He then noted the concerns raised about the maintenance of the parks, which is a
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separate issue and must be addressed as such.
Mayor Swanson then stated he does not feel that these proposed street trees will turn
Lindley Park into a passive park; and he does not believe they will impede skiing, kite flying or
sunbathing. He stated that he is not persuaded by the arguments forwarded regarding the various
.tems he has just mentioned, rather he feels the street trees will be an asset to the park and the
neighborhood.
It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the
Commission authorize and direct staff to proceed with the planting of street trees along the west
side of Cypress Avenue, along Lindley Park, as shown on the plan forwarded to the Small Business
Administration with the grant application.
Mrs. Peg Hines, 1011 East Curtiss Street, stated that while the residents of Marwyn
Addition are not anti-trees, but "we don't want them crammed down our throats." She suggested
there are many other areas of the community that could better utilize them, such as the park in
Valley Unit Subdivision and the East Gallatin Recreation Area. She noted that the process followed
to date on this issue has ruffled many feathers on both sides; and she encouraged the Commission
.to pursue the possibility of a substitute site.
Mrs. Hines noted that she has been alerted to avoid certain areas of the park when
walking her dogs because there were "not very nice people" under the trees, and asked the
Commission to not make the park any more private than necessary.
Mrs. Hines stated that she has been contacted by some of those active in the cross-
country skiing program; and they have expressed concern that the trees along East Curtiss Street
will eliminate their ski trails because the ten-foot width is not adequate for the trees, ski trails and
sidewalk.
Ms. Kathy Winward, 20 Cypress Avenue, stated her opposition to the proposed trees
along Cypress Avenue, noting that while the grant would cover the initial planting of the trees, the
City will still need to pay the on-going costs of maintenance. She suggested that those monies
.COUld be better spent on weed control and watering of the park.
Ms. Winward noted that under the plan for these street trees, the trees will be close
together, especially if there are two ornamental trees planted between the large canopy trees which
are to be planted every 50 feet. She noted there are already parks in the community which have
street trees along them, suggesting that not all of the parks need to be alike. She also noted there
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are already 181 trees between Cypress and Buttonwood; and she feels the remaining open area
should be protected rather than having additional trees planted along it. She then suggested that
if the Commission has a policy to have street trees along all of its properties, then maybe it should
reconsider its policy.
. Ms. Jill Schaunaman, 1010 East Babcock Street, expressed concern that the
Commissioners have received a substantial number of letters and comments from the residents in
this area; however, they don't seem to be listening. She then expressed concern that with the
closeness which is proposed for these trees, they will actually turn into a hedge. She noted that
this, in conjunction with the clumps of trees which are proposed under the master plan for this
park, will virtually eliminate the open space which currently exists in this park.
Ms. Schaunaman then suggested that the City plant these trees in the cemetery instead
of along Cypress Avenue, particularly since the new part of the cemetery is presently void of trees.
She then encouraged the Commission to delay its decision on this item until after the City receives
an answer from the SBA on whether the grant monies can be utilized for a substitute site.
Mr. Tal Taylor, 1010 East Olive Street, concurred with Ms. Shaunaman's comments,
.qUestioning how the Commission can make an informed decision on this item until after the SBA's
response has been received.
Mr. Mark Winward, 20 Cypress Avenue, noted that the stakes which the City crews have
placed where the trees would be planted reveal how close those trees would be. He then
encouraged the Commission to not proceed with this project.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that action on
the previous motion be tabled until after the City has received a response from the Small Business
Administration regarding the possibility of using the grant monies for a substitute project. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Vincent and Commissioner Knapp; those voting No being Commissioner Frost and
Mayor Swanson.
.
Discussion - possible comments re State's proposed Boiler and Industrial Furnace ("BIF") rules
The City Manager submitted to the Commission a draft letter to the Montana Department
of Health and Environmental Sciences regarding the proposed Boiler and Industrial Furnace rules,
noting that the deadline for comments is Monday, February 1 O. He noted that this draft letter is
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based on comments received from Commissioners as well as comments made at the various public
meetings which have been held regarding this issue. He then reminded the Commission that the
City has received letters and telephone calls from people in and around the community, urging the
City to take various positions on this issue. He cautioned the Commissioners that this letter
.pertains to the State's rules on burning of hazardous wastes in boilers and industrial furnaces in
general, not to any specific proposal which may be submitted to the State for consideration.
Mr. Jim Gilbert, 410 Morrow, stated he works for Holnam. He then thanked the
Commission for seeking public input prior to making its decision on any letter to be forwarded to
the State. He encouraged the Commission to consider the industry's side as well as the public
comment received when preparing its comments to the State. He noted there is very good
scientific evidence that the proposed procedure is safe, asking for an opportunity to communicate
that information to the Commission. He noted that Holnam has hand-out information on this
process, and asked that the Commission take the opportunity to review that information prior to
finalization of the letter.
Mr. Gilbert noted that there have been discussions at the various public meetings about
. establishing a regulation that would prohibit the burning of hazardous wastes within five miles of
a body of water. He stated that he has not had an opportunity to review the draft letter which the
Commission is currently considering; and asked the Commission to consider the fact that the
Trident plant is located within five miles of a river when finalizing its letter to the State.
Mr. Brady Wiseman, 703 South Grand Avenue, stated he is speaking on behalf of
Montanans Against Toxic Burning. He then noted the tremendous amount of public opposition to
the issue of burning toxic wastes, and encouraged the Commission to send the proposed letter
immediately. He noted that such burning is potentially very dangerous; and he feels the State
should require extensive testing of air quality, water quality, soil quality and groundwater quality
around and downwind from a plant. He also expressed concern that water supplies, such as open
reservoirs, could be negatively impacted by the emissions from such burning.
. Mr. Doug Mavor, 428 East Story Street, stated he has reviewed and supports the
proposed letter. He noted the importance of the City's comments on this issue, and encouraged
the Commission to forward the letter with unanimous support.
Mr. Jim Pickett, 1009 East Olive Street, expressed concern about the process, noting that
those in opposition to the burning of hazardous wastes has seen the draft letter, while the
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representative of the industry has not.
Mr. Dennis Semprini, 25 South Wallace Avenue, noted that the process of establishing
the State regulations will probably extend over the next two or three years. He noted, however,
that he feels it is important that the City provide its input during this initial comment period, so that
.its concerns may be addressed during the process. He then stated he feels it is important that the
State now allow interim status in the application process.
Mr. Semprini then stated that an overwhelming number of people in the community are
very definitely opposed to the burning of hazardous wastes and the attendant issues.
Mr. Bill Slovensky, 611 Gallatin, Belgrade, stated he was previously employed by the City
and is currently the plant chemist at Holnam. He stated that he has heard many concerns voiced;
and he feels most of them are valid. He then stated that a lot of testing has been done regarding
the burning of hazardous materials in cement kilns versus conventional fuels; and those tests have
revealed virtually no difference in emissions. He noted that the Holnam plant is open to visitors at
any time, and encouraged those interested to tour the plant and see how a high-tech cement plant
operates.
. Commissioner Knapp reminded the Commissioners that they are addressing the proposed
regulations at this time, not a specific project. She then stated support for the draft letter and
suggested that the Commission forward it to the State of Montana Department of Health and
Environmental Sciences.
Commissioner Vincent expressed concern about the possibility of taking action on this
letter today, since he does not feel there has been adequate public input. He then stated that he
has discussed this issue with a couple members of the Legislature; and they suggested that the
City encourage the Department of Health and Environmental Sciences to not adopt any rules or
regulations until after the 1993 Legislature has had an opportunity to review them.
Commissioner Stiff noted the diversity of opinion in the community on this issue. He
noted that the hazardous wastes which would be burned under the regulations are the same ones
.that were dumped into local landfills just a few years ago, such as household solvents and used
oil. He then stated support for recycling; and it is projected that the burning of hazardous wastes
could decrease the use of non-renewable fossil fuels by 50 percent.
Commissioner Stiff stated that while he feels that steps must be taken to ensure that the
environment is adequately protected, he feels that the draft letter is filled with extreme words and
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adjectives that should be eliminated. He also suggested that the specific distances listed in the
letter be eliminated asking, rather, that the appropriate steps be taken to ensure that water supplies
are adequately protected. He further noted that the letter suggests that the amount of hazardous
wastes burned in the State should be limited to the amount generated in the State; however, he
noted that would be impossible to monitor.
. Commissioner Frost suggested some minor revisions to the letter, noting he feels it could
be made stronger. He then noted there is no reference to monitoring during start-up after being
shut down for a violation; and he feels such a requirement is important.
Commissioner Frost then stated support for the draft letter, noting he feels it is important
for the City to make a strong statement in an effort to protect the health and safety of the citizens
of Bozeman. He noted it is important to have stringent regulations in place before any hazardous
waste burning is allowed, to eliminate as many of the negatives as possible.
Mayor Swanson suggested that the State's regulations require re-permitting every five
years, because of the rapid changes in technological standards and monitoring standards that are
currently taking place. He then noted the potential for a local fire response team being required to
. respond to a site which burns hazardous wastes, asking who will fund the costs of equipment and
training to do so.
Commissioner Knapp asked what regulations are currently in place for boilers and industrial
furnaces, and asked if those will be sunsetted.
Mr. Brady Wiseman, 703 South Grand Avenue, responded that at the present time, the
recently-adopted EPA rules govern hazardous waste burning. He stated that the State does have
the opportunity to adopt more stringent rules, as long as it acts rather quickly to do so; and if it
does not, then the EPA rules will apply. He noted that the State of Montana has indicated its intent
to adopt essentially the federal rules, with the exception that interim status burning will not be
allowed.
Mr. Wiseman then stated that, in addition to seeking and receiving a permit to burn
.hazardous wastes, a company must also apply for a change of fuel under its air quality permit.
Mr. Jim Gilbert stated there is some question about how long the State has to adopt its
regulations before the EPA rules take precedence. He then noted that even if interim status is
allowed, a firm must obtain an air quality permit before being allowed to burn hazardous wastes
within the State of Montana.
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Commissioner Knapp stated she is not interested in waiting until the Legislature meets
next January to pursue the establishment of regulations for the burning of hazardous wastes in
Montana.
Commissioner Vincent stated he feels it is important that the City respond to the State
.bY the February 10 deadline. He noted, however, 1hat he feels i1 would be best for the Legislature
- to make a comprehensive legislative review of the whole issue, if it is possible to wait that long
without compromising the State's ability to adopt its own regulations.
City Manager Wysocki suggested that the City forward its letter to the State and to the
legislators as well. He noted that the Legislature acts on 1400 to 1500 bills during its 90-day
session; and this issue is important enough that contact with the legislators should occur as soon
as possible.
Following discussion, the Commissioners concurred that action on this item should be
delayed until next week's meeting, when it will consider a revised letter, based on Commission and
pUblic input.
.Break - 5:25 to 5:32 D.m.
Mayor Swanson declared a break from 5:25 p.m. to 5:32 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
Staff revort re DroDosed tree ordinance
The City Manager reminded the Commission that Commissioner Frost requested this item
to be on this week's agenda. He noted that included in the packet was a draft of the body of a
possible tree ordinance. He then distributed to the Commission a copy of a memo from City
Attorney Luwe to Director of Public Service Forbes, dated February 3, proposing some revisions
to the draft ordinance.
. Commissioner Frost gave a brief history of this item, noting that he had requested that
___ it be brought forward last June or July; and a draft ordinance was prepared, dated June 14, 1991.
He noted that in November, he met with Director of Public Service Forbes and Park Superintendent
McNeil; and they discussed several possible revisions to that draft. He noted that at that time,
staff proposed that the tree ordinance and the by-laws for the new tree board be forwarded to the
Commission at the same time. He stated that it is now February; and he requested that this
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ordinance be brought forward without the by-laws for the new tree board so that the process can
be started quickly as possible. He then expressed concern that this document does not contain
many of the changes which were discussed last June, but is essentially the same as the document
which the Commission reviewed at that time.
Commissioner Frost then stated that he has marked several areas where changes should
.be made in this ordinance; however, he noted hesitation to cover those due to the hour, and the
remaining agenda items.
City Manager Wysocki reminded the Commission that most of the top priority goals for
this fiscal year involve the Public Works Department; and he has registered concern about that on
previous occasions. He then asked if this ordinance is a priority item for the Commissioners, noting
that if it is, it will be completed as quickly as possible.
Mr. Dick Pohl, 422 South 6th Avenue, noted that the inventory of the existing trees in the
community was forwarded to the City along with several recommendations; and one of the most
important recommendations pertained to the establishment of a tree board. He noted that a tree
ordinance is vital; however, he suggested that it may be more appropriate to create a tree board
. or an ad hoc tree board whose responsibility it would be to draft a tree ordinance for Commission
consideration.
Mr. Pohl then reminded the Commission that trees represent a $10 million asset in the
community--one that has been neglected for many years. He encouraged the Commission to take
whatever steps are necessary to complete a tree ordinance and create a tree board as soon as
possible.
Each of the Commissioners voiced his/her opinion on the importance of completing this
ordinance as quickly as possible, after which they determined that this is not a high priority item
for a majority of the Commission.
Mayor Swanson asked the Commissioners to forward any comments they may have about
this draft ordinance to Commissioner Frost on an individual basis. He then asked Commissioner
.Frost to work with staff to revise the ordinance and bring it back for further consideration when
completed.
,
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Deviations to Sections 18.50.050.F.1.. 18.50.110.F.. 18.60.060. Bozeman MuniciDal Code to
allow encroachment of structures into reauired front and side vards at 913 South Grand Avenue
(Bon-Ton Historic District); Der DRB recommendations
City Manager Wysocki reminded the Commission that he had requested this item be
removed from the consent items, at the request of both Commissioner Frost and the Planning staff.
Mr. Dave Grigsby, Assistant Planner, submitted to the Commission a memo, dated
.FebrUary 3, 1992, along with a set of revised plans for the requested deviations. He then reviewed
the staff report, which was included in the Commissioners' packets, as well as his memo just
distributed.
The Planner stated that under this application, the Thornburg/Porter residence, located at
913 South Grand Avenue, would be remodeled and an addition added to the existing residence,
and a detached garage constructed in the existing back yard. He stated that to accomplish these
desired improvements, the following deviations have been requested:
1. From Section 18.50.050.F.1., to allow the new garage to encroach 3
feet into the required 8-foot side yard setback;
2. From Section 18.50.11 O.F., to allow a drive access to encroach 2 feet
into the required 8-foot side yard setback; and
. 3. From Section 18.60.060.A.3., to allow remodeling of an existing front
entry porch area that legally encroaches 3 feet into the required 25-foot
front yard setback.
The Assistant Planner stated that the revised set of plans has been submitted to the
Commission because the first set of plans was not drawn to scale to reflect the exact location of
the trees in the back yard, which could be impacted by the construction of the proposed garage.
He noted that these revised plans and the memo dated February 3 were prepared in response to
concerns raised by Commissioner Frost following his review of the information contained in the
packets.
Planner Grigsby stated that after review, staff has determined that if the garage were
located where proposed, it would result in at least damage, if not removal of one or more of the
three ash trees in that portion of the back yard.
. Assistant Planner Grigsby then stated that during its review of this application, the Design
Review Board recommended that, rather than the 8-inch lap siding proposed, either 4- or 6-inch
horizontal lap siding be used to more closely correspond with the existing siding. He further noted
that the applicant's proposal includes muttons on all of the windows; and the ORB recommended
that those muttons be eliminated from the large windows to create a less busy appearance. He
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also indicated that the stepped windows included in the original proposal were eliminated at the
DRB meeting.
The Assistant Planner then reviewed the six conditions recommended for approval of the
three requested deviations.
Commissioner Frost stated he had requested that this item be removed from the consent
.items for discussion because he did not feel that the report adequately addressed all of the issues
raised by staff, the Historic Preservation Officer or the Design Review Board.
Commissioner Stiff questioned why the issue of color was discussed at the DRB meeting;
the Planning Director responded that is one of the issues which can be subject to review under an
application for deviations.
Mr. Chris Babcock, Cikan Architects, represented the applicant. He stated the major
concern raised pertains to the trees at the back of the lot. He noted the applicant had originally
considered seeking a deviation to locate the garage closer to the property line; however, he noted
that would have been too close to the existing garage on the adjacent property. He then stated
the applicant is proposing significant landscaping in conjunction with the new garage, in exchange
. for removal of the existing trees, because those trees are splitting and beginning to lean over. He
also stated that the proposed location of the garage is much better than moving it to the other side
of the lot, which was an alternative suggested.
At the Mayor's request, Mr. Babcock addressed each of the six conditions as
recommended by staff, indicating acceptance of all but the last condition, which pertains to the
existing trees. He noted, however, a willingness to accept the Commission's decision on this item.
Following a brief Commission discussion, the Mayor requested that this item be placed
on next week's agenda for further consideration, including review of the proposed landscape plan.
Mid-year Budget ReDort: budget amendments
City Manager Wysocki submitted to the Commission a memo from Administrative Services
.Director Miral Gamradt, dated January 31, 1992, along with the proposed budget amendments
resulting from the mid-year budget review.
Administrative Services Director Gamradt briefly highlighted the contents of his report,
noting that during the first six months of the fiscal year, 46 percent of the monies budgeted for the
general fund budget units has been spent, while 51 percent of the projected revenues have been
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collected. He noted that some unavoidable costs have been incurred in various budget units; and
justification of the requested supplemental appropriations has been included in his report. He then
stated that the projected revenues in the Garbage Fund are to be reduced by $40,000 because
sales of garbage tags are lagging behind projections. He then reminded the Commission that
adjustments were made in the expenditure side of this budget unit prior to final adoption of the
.appropriation ordinance.
City Manager Wysocki reminded the Commission that the volume-based rate system for
the garbage collection activities should be reviewed in the near future, so that any adjustments can
be in place and effective on July 1. He suggested, therefore, that the work session scheduled for
February 18 be evenly divided between discussions on affordable housing and garbage; the
Commission concurred.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission acknowledge receipt of the mid-year budget report. 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.
. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission authorize and direct the Mayor to sign the budget amendments which accompanied
the mid-year budget report. 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.
Discussion - DubUc hearinas Drocedure
The City Manager reminded the Commission that Commissioner Vincent requested that
this item be included on the agenda this week. He noted that included in the packets was a copy
of a letter from the Legal Services Division of the Montana Legislative Council to Senator Dorothy
Eck, dated January 27. He then distributed to the Commission a memo from City Attorney Luwe,
.dated February 3, prepared in response to that letter.
City Attorney Luwe briefly summarized his memo, noting that the opinion from the
Montana Legislative Council did not address two key elements involved in the City's public
hearings, those being Section 7-1-4131, M.C.A., and Rule XIV(7) of the Commission's rules of
procedure. He noted that the rules of procedure provide that if additional information is required
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before the decision is made, the hearing must be reopened, atter due and legal public notice. He
then noted that the Commission decision must be made, based on the record from the public
hearing; and if additional input is accepted after the hearing is closed, it is not a part of that record.
He also cautioned that information must be provided in a setting where other interested parties
have an opportunity to respond.
. The City Attorney then stated that the cited statute became effective in 1979, which is
after the cases cited in the letter from the Montana Legislative Council. He then cautioned that the
appearance of fairness must also be considered; and receiving ex parte communications
circumvents the process unless it is shared with the other Commissioners during the public hearing.
City Attorney Luwe then stated that, due to the shortness of the time in which he had to
prepare this response, he would like additional time to more thoroughly research the issue before
the Commission makes any revisions in its procedure for accepting public input in a public hearing
setting.
Commissioner Vincent stated he has no objection to the City Attorney researching the
issue further; however, he suggested the legal issue is secondary, noting it may become primary
. after the Commission decides on how it wishes to proceed. He then stated that the Director of the
Legal Services Division, who prepared the letter forwarded to him, was aware of the statutory
provisions that were adopted after the court case which he cited.
Commissioner Vincent then stated that the process for public input is his concern; and his
objective is simple. He expressed concern that the public does not become aware of an issue until
after the public hearing has been held; and under the current procedures, it is then too late for them
to provide input to the Commissioners. He stated he does not feel that such input should be
denied, but that some steps should be taken to allow for such input. He then noted that he does
not have a problem with a deadline for public input, suggesting the possibility of having
informational hearings on those items for which public hearings are not required and making the
public aware earlier of upcoming public hearings, possibly through an agenda item the week before.
. City Manager Wysocki reminded the Commission that on planning and zoning issues,
which represent the bulk of the public hearings, there is usually a public hearing before the City-
County Planning Board prior to the public hearing before the City Commission. He noted the results
of that public hearing mayor may not be reported in the newspaper; however, there has been a
legal notice in the newspaper, the property has been posted, and property owners within a
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specified distance of the site have typically received written notice. He further noted that the major
reason for recent revamping of the zoning regulations was to get the public involved earlier in the
process.
Commissioner Vincent suggested that the City could seek an Attorney General's opinion
. to determine exactly what the law allows; however, he questioned whether that is necessary if an
appropriate solution can be reached within the statutory provisions and the City's rules of
procedure. He then stated his willingness to follow the procedures and regulations as they exist
until a suitable solution can be found.
Commissioner Frost noted that when drafting the new zone code, those involved carefully
balanced the applicant's need for a quick review with the need to provide for public input. He
further noted that under the new code, applications are often subjected to review before the DRC,
ORB, Planning Board and City Commission; and all of those meetings are open for public comment.
He then stated that he does not feel that the review process can be lengthened to accommodate
more public input because that would then begin to delay the applicant unnecessarily.
Commissioner Frost then noted that if people don't want to get involved, the Commission
. cannot make them become involved. He then stated that he feels the City has done everything
possible to get people involved.
Commissioner Knapp noted the need for a timely decision-making process on requests
which come before the Commission. She stated support for the observation that the zone code,
and the master plan, were revised with that in mind. She further noted the typical lack of
attendance at an informational hearing or meeting, noting that people tend to wait until the public
hearing before making an appearance.
Commissioner Stiff stated he feels the community has changed and that people will be
more willing to participate than they have in the past.
Commissioner Knapp concurred that the city is changing. She noted, however, that this
is the commission/manager form of government; and it cannot be operated like a town meeting.
.She noted that the cohesiveness of neighborhoods, which is beginning to occur, is very good and
helps to provide some of the input which the Commission needs to make its decisions. She then
reminded the Commissioners that they are the elected representatives of the community and are
ultimately responsible for the final decisions.
Commissioner Vincent noted that a Commissioner does have the ability to request that
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a public hearing be re-opened if he/she feels that something significant has been brought to light
after the public hearing has been closed. He noted that, while this is an awkward process, it could
provide the option he feels is necessary.
Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, noted
the public's tendency to wait until an issue appears before the City Commission before making
.comments. She then suggested the possibility of having the Bozeman Daily Chronicle publish the
agenda below the "police reports" in the Sunday edition, where everyone would see it.
City Attorney Luwe suggested that alternative avenues are presently available, which he
feels adequately address Commissioner Vincent's concerns. He noted that the Commission can
continue a public hearing if it deems necessary to gather additional input. He further noted the
ability to re-open a public hearing, after the appropriate notice has been given, if that is determined
necessary.
Following further discussion, the Commission concurred that it will continue to operate
within its existing rules of procedure. They also concurred that if a public hearing on a land use
decision has been continued, and an overwhelming amount of public input received, they may
. exercise their option to delay the decision for a period of one week. They further concurred that
if one Commissioner requests that the public hearing be continued, with a stated reason, that
request will be honored.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your Information"
items.
(1 ) Copy of an article entitled "Funding to improve state's trail projects" which was
published in the January 28, 1992, edition of the Great Falls Tribune.
(2) Agenda for the TIFID Board meeting scheduled for tonight at 7:00 p.m., along
with the minutes for the meeting held on January 20, 1992.
. (3) Notice of the special general DBA meeting scheduled for 7:00 p.m. on
Wednesday in the Baxter Ballroom, at which the tax increment financing issue will be discussed.
(4) Invitation from Reach, Inc., to attend a workshop to be held on February 19 and
20.
(5) Letter from Robert and Linda Cimekowski, dated January 25, 1992, regarding
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hazardous waste burning in the Gallatin Valley.
(6) Letter from Dennis Downing, dated January 27, thanking the Commission for
approving the Master Plan Amendment for the northeast sector.
(7) Letter from the Montana Department of Highways, dated January 24, announcing
an information meeting on the proposed reconstruction of Highway 84 west of Four Corners,
.scheduled for 7:30 p.m. on Wednesday, February 5, at the Monforton School.
(8) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on
Tuesday, February 4.
(9) Letters from Ruth McGann and Steven McGann, dated January 17, regarding
burning of toxic wastes materials.
(10) Letter from Linda Altans, dated February 3, regarding burning of hazardous
wastes.
(11 ) Agenda for the February 4 County Commission meeting, along with daily minutes
for the week of January 20 and the meetings of January 21 and January 28, 1992.
( 12) Agenda for the DRC meeting scheduled for 10:00 a.m. on Tuesday, February 5.
. (13) Agenda for the DRB meeting scheduled for 4;00 p.m. on Tuesday, February 5.
(14) The City Manager submitted his weekly report, as follows. (1) Noted staff work
on the mid-year budget report. (2) Highlighted the issues covered at the MMIA retreat, which he
and City Attorney Luwe attended on Thursday and Friday. (3) Noted the State is currently
accepting input on the disbursement of Surface Transportation Act funds; and the City and County
staffs are preparing some recommendations. (4) Noted the transportation planning meeting
scheduled this week to encourage more county input. (5) Stated that he met with the Chamber
of Commerce last week. (6) Stated that the Police Department arrested a Michigan man wanted
by the FBI last week, noting that it appears he has been living here since 1986. (7) Noted the
second session of the DARE program has been started at Willson School. (7) Stated he met with
the Police Protective Association last week in a collective winning session. (8) Noted the
.downtown streets were swept during last week's dry weather. (9) Noted the Building Inspection
Division has some major projects in the wings. He noted they may be seeking authorization to hire
another inspector, possibly on a contract basis, to cover the workload during the peak construction
period. (10) Noted that staff is seeking bids for the repurchase agreement for the upcoming year.
(11) Announced that Plum Creek has scheduled a meeting for 2:30 p.m. on Wednesday, in the
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County Commission Room at the Courthouse, to make a public statement on the Nature
Conservancy position which has been contained in recent newspaper articles. (12) Noted the staff
time spent in preparing the two agreements for the Lattice loan, which are included on this agenda.
( 15) Commissioner Vincent submitted the following. (1) Announced he
will attend
.the CNFR meeting scheduled for 7:30 p.m. on February 12. (2) Asked that a resolution of
recognition for Sergeant Tenney be included on next week's agenda, if at all possible. (3) Asked
for clarification of how spring and fall alley clean-up campaigns will be handled under the new
garbage assessment system, noting he has received several comments which reflect citizen
confusion. (4) Asked about possible City liability from the parking meter posts, which have not
been removed. (5) Announced he is working to schedule a time for a meeting of representatives
from the City, County, School District and MSU with residents along South Third Avenue to
address traffic concerns in that area, noting it will probably be set for the last week in February.
(16) Commissioner Knapp submitted the following. (1) Attended the Broad Valleys
Federation of Libraries retreat. She noted that the guidelines for long-range planning which were
utilized at that meeting could be beneficial in the Commission's goal setting process. (2) Stated
.she has received an invitation to give a welcome to the Aviation people; and she will accept that
invitation this week.
( 17) Commissioner Frost submitted the following. (1) Attended the Planning Board
meeting on Tuesday evening. (2) Will attend this week's Planning Board meeting as well as the
meeting scheduled at MSU regarding the new engineering building. (3) Noted that he also received
a copy of the letter from Plum Creek. (4) Noted that the DBA meeting on tax increment financing,
scheduled for Wednesday evening will be informative, inviting all interested Commissioners to
attend. (5) Noted the invitation from the Fire Department to attend a session on their safety
program. He noted those sessions are good and encouraged other Commissioners to attend if
possible.
. (18) City Attorney Luwe stated that he will meet with attorney Mike Kirwan tomorrow
to discuss the Friends of the Pool.
( 19) Clerk of the Commission Sullivan noted her attendance at the IIMC Region VIII
meeting in Sparks, Nevada, last week. She stated the sessions were very good, and hopefully will
be reflected in her office in upcoming weeks.
(20) Mayor Swanson distributed to the Commission an excerpt entitled "Economic
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Assumptions" from the United States Office of Management and Budget Mid-Session Review. He
briefly highlighted the projections contained in the table.
Consent Items
. The City Manager presented to the Commission the following Consent Items.
Award bid - 1992 one-ton truck for Street DeDartment - Bozeman Ford.
Bozeman. Montana - $16.894.00
Award bid - Dortable self-DroDelled flushing machine for Sewer DeDartment -
Normont EauiDment ComDanv. Great Falls. Montana - $13.950.00
Award bid - 1992 four-wheel drive articulatina/oscillating tractor with
attachments for Park
DeDartment - Elwood Power EauiDment.
Broomfield. Colorado - $49.640.00
Authorize Mavor to sian - Loan Agreement with Lattice Materials COrDoration -
CDBG Proaram monies
Authorize Mavor to sian - Contract with State of Montana DeDartment of
Commerce - CDBG Program grant for Lattice Materials COrDoration
Claims
It was moved by Commissioner Knapp, seconded by Commissioner Frost, 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 Knapp, Commissioner Frost, Commissioner Stiff, Commissioner
Vincent and Mayor Swanson; those voting No, none.
Adjournment - 7:40 D.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. 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.
.
ATTEST:
r;~ J!~
ROBIN L. SULLIVAN
Clerk of the Commission
02-03-92