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HomeMy WebLinkAbout1992-01-27 ccm , . , , \ . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 27, 1992 *********************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 27, 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. None of the Commissioners requested that any consent items be removed for discussion. Minutes - January 21. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of January 21, 1992, be approved as submitted. 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. Introduction of new Police Sergeant Chief of Police Dick Boyer announced that Sergeant Stan Tenney is retiring on Friday, following 20 years and 6 mo'tlths of service. He stated that the Department has conducted an extensive testing procedure to determine who will fill this vacancy. He then introduced Master Patrolman Dave Petersen to the Commission, noting that he will be promoted to the rank of Sergeant, effective February 1, 1992. He noted that Officer Petersen has been with the Department for a little over nine years. The Chief then noted that Sergeant Tenney deserves a vote of appreciation for his many years with the Police Department. . Mayor Swanson congratulated Officer Petersen on his promotion. Commissioner Vincent suggested that a resolution expressing the City Commission's appreciation to Sergeant Tenney be drafted for consideration at next week's meeting. Mayor Swanson stated concurrence, requesting that Sergeant Tenney be invited to attend the Commission meeting. 01-27-92 --... ------- -.------- .---.-.-....- -- .. , ,\ , - 2 - Decision - Master Plan Amendment - "Business Park/Industrial" to "Urban Residential Inflll" - aDDroximatelv eleven blocks of the northeast sector (aenerallv bounded bv Rouse. Peach. Avocado. Broadwav and Lamme): Commission Resolution No. 2853 This was the time and place set for the decision on the Master Plan Amendment to change the land use designation from "Business Park/Industrial" to "Urban Residentiallnfill", requested by _he City Commission under Application No. P-9112. to include approximately eleven blocks of the northeast sector generally bounded by North Rouse Avenue, East Peach Street, Avocado Street, North Broadway Avenue, East Lamme Street, North Wallace Avenue and East Fridley Street. Commissioner Frost noted the lengthy hearing process, to which many of the residents referred at last week's meeting; however, he noted that process must be followed, even to correct errors which have been made. He further noted that this process is for the protection of those involved, to ensure that what might be considered an undesirable change cannot be made quickly. Mayor Swanson stated that, following his careful review of the criteria for considering an application for change in the land use designation, the staff comments, written findings of fact and public testimony received at last week's hearing, he feels this amendment is appropriate. He also noted the substantial amount of restoration and renovation which has taken place recently in the .subject area, noting that to not approve this amendment could result in wasting these improvements because the residential character of the neighborhood would not be protected. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the Master Plan Amendment to change the land use designation from "Business Park/Industrial" to "Urban Residential I nfill " , requested by the City Commission under Application No. P-9112, to include approximately eleven blocks of the northeast sector generally bounded by North Rouse Avenue, East Peach Street, Avocado Street, North Broadway Avenue, East Lamme Street, North Wallace Avenue and East Fridley Street. 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. City Manager Wysocki then presented Commission Resolution No. 2853, as approved by .the City Attorney, entitled: COMMISSION RESOLUTION NO. 2853 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AMEND THE LAND USE ELEMENT OF THE 1990 BOZEMAN MASTER PLAN UPDATE BY RE-CLASSIFYING APPROXIMA TEL Y ELEVEN BLOCKS ON THE NORTHEAST SIDE OF BOZEMAN, GENERALLY BOUNDED BY NORTH ROUSE A VENUE, EAST PEACH STREET, AVOCADO STREET, NORTH 01-27-92 , ; - 3 - BROADWA Y A VENUE, EAST LAMME STREET, NORTH WALLACE A VENUE AND EAST FRIDLEY STREET, FROM "BUSINESS PARK/INDUSTRIAL" TO "URBAN RESIDENTIAL IN FILL. " It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission adopt Commission Resolution No. 2853, amending the land use element of the 1990 . Bozeman Master Plan Update by re-classifying approximately eleven blocks on the northeast side from "Business Park/Industrial" to "Urban Residentiallnfill." 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. Reauest for Dermission to address Commission - residents near Lindlev Park - ra street trees on CVDress The City Manager noted that several residents from the near Lindley Park are present for this item. He then reminded the Commission that the City, in conjunction with the County, made application for urban forestry monies for street tree plantings in four different areas of the city, and has been successful in receiving approximately $13,000. He then distributed a copy of the cover ~ memo, along with the page which provides the breakdown of the Lindley Park portion of the grant. ., Mr. Chris Blackmore, 1004 East Babcock Street, stated that while everybody is in favor of planting trees, residents in that immediate area are opposed to planting trees along the east border of Lindley Park. He noted that trees will detract from the openness of that portion of the park, making it more difficult to play games. He also noted that there are many trees throughout the remainder of the park, for those who desire that type of atmosphere. Mr. Blackmore stated that they feel that they have served as "watchdogs" for the park, calling the police to report undesirable activities. He also expressed concern about the safety of children who may approach the street, particularly in light of often fast-moving traffic along Cypress. He then encouraged the Commission to not proceed with planting of these proposed street trees, maintaining the openness which currently exists. ,. Mrs. Dorothy Burkenpas, 1108 East Babcock Street, questioned why trees should be planted in a north/south direction along Cypress Avenue. She noted that in the afternoon, those trees will shade the street rather than provide shade for the park. She further noted that this shading could lead to additional icing problems on the street. She then suggested the possibility of relocating these trees to the Lindley Park Center area instead. 01-27-92 . ----. - .-..-. -.--- - 4 - Mrs. Shirley Clark, owner of 1125 and 1129 East Babcock Street, stated concurrence with the above comments. She suggested the monies could be better spent in other areas of the city, stating she does not feel they would be suitable along this street. Director of Public Service Phill Forbes provided a brief history on this project, noting that . the application for urban forestry grant monies was made in July. He stated that the City received notification that it had received a grant for $4,905 toward these plantings, in accordance with the plan which was submitted with the application. He stated that this is a 50/50 grant, under which the grant monies are utilized to plant the trees while City monies are used to maintain those trees for the first three years. He then reviewed that plan, which nominally calls for large canopy trees every 100 feet, with two ornamental trees centered between, at 25-foot spacing. At street intersections, the large canopy tree spacing is 50 feet. He stated that the large canopy trees are to be 2-inch caliper when planted; and the ornamental trees are to be 6 feet tall. He noted that the large trees are projected to reach 60 feet tall; and the small trees are to be 30 feet tall; and all limbs are to be trimmed to a minimum of 7 feet above the ground level. He briefly highlighted the listing of species, which include Japanese tree lilacs, Norway maples, American lindens and little . leaf lindens. He further noted that since these are street trees, they are to be planted within 5 feet of the existing curb line. Mayor Swanson noted concern has been raised about a potential hedge between the trees. The Director responded that such a proposal is not being contemplated at this time. He further noted that the City's current sidewalk policy prohibits the planting of any shrubs which may obstruct view of the sidewalk. Responding to Commissioner Stiff, the Director stated that the State received applications for more monies that were available under this program, which utilizes SBA monies. He stated that he has asked if the materials which were to be utilized at this site can be relocated to another site under this grant; however, he has not yet received a firm response. City Manager Wysocki reminded the Commission of their recent determination that City . facilities should meet the same requirements as private facilities. He further noted that the street tree program was recently instituted, with the intent to require the planting of street trees in conjunction with land use applications. He then stated that commitments for these planting materials must be made in the very near future, since the nurserymen are in the process of submitting bids at this time. He also suggested it may not be appropriate to delete this portion of 01-27-92 - -..-. ----- --- ------ n.. __._.u__._ . -.-..--- __.___n._ - 5 - the project, particularly since the City's application was successful in receiving some of the limited funds available. Commissioner Frost noted that the large trees around Cooper Park are planted at 25-foot intervals, and it appears to be very open. . Responding to Mayor Swanson, Mr. Chris Blackmore indicated that his wife would be willing to serve as the neighborhood contact. Mayor Swanson requested that this item be placed on next week's agenda for a decision, with the hope that the City will receive a response to substitution of projects in the meantime. Reauest for permission to address Commission re TCI Cablevision - Don Branton. TCI Cablevision City Manager Wysocki stated that Mr. Branton has requested an opportunity to address the Commission. Mr. Don Branton, Manager of the local TCI Cablevision office, introduced himself with a brief autobiography, followed by a history of the TCI Cablevision company. Mr. Branton stated that the company plans to implement a 5-percent increase in the basic . rate, to $18.22, effective February 1, 1992. He stated that the company is allowed to implement up to a 5-percent increase annually without City Commission approval; and they have decided to exercise this option. He then highlighted the reasons for this increase, which is due to increased costs of buying programming along with increases in employee costs and health care costs. Mr. Branton briefly reviewed what TCI Cablevision provides the community, including their charitable contributions. He then invited the Commissioners to view their operations at any time. Commissioner Vincent stated he has information on cable television, including an editorial from the Seattle area and an extensive article in the September 1991 issue of Consumer Reoort, which he would like Mr. Branton to review. He also noted that SB12, which is pending federal legislation, could have a dramatic impact on the cable television industry. Mr. Branton stated that TCI has nothing to do with the programming which is broadcast . . on the channels and networks from which they buy the programming, noting that the local office does not have any facilities with which they could technically change that programming. He stated that TCI Cablevision is the largest cable television company in the nation; therefore, they can be more competitive in their negotiations than other companies. He further noted that the rates in Bozeman are not substantially different from those across the nation. 01-27-92 n_....___o___........__._._ ____..._.. ---- --.. --- ---------- ------ - .- --.. -.--.. -.- .- - 6 - Responding to questions from Commissioner Knapp, Mr. Branton stated that TCI Cablevision pays franchise fees to Belgrade and Livingston. He noted that these are in the amount of 5 percent; and that cost is passed directly to the customer. He noted those monies are then remitted quarterly to the appropriate City government. . Mr. Branton then noted that when he started with this office ten years ago, customers were offered twelve channels, three of which were duplicate stations for the major networks, at a monthly fee of $10. He noted that consumers now receive 22 channels, at a monthly fee of $20. Commissioner Frost stated that the complaints he has received pertain more to cable television quality rather than the rates. He noted that Channels 7 and 9 are particularly bad for bleeding. He further noted that one pay channel was recently scrambled before the company had provided descramblers to all of its customers. Mr. Branton stated that the cable system is old; and there are plans to rebuild it with a fiber system at some time in the future. He further noted that the cable television company snatches the signals for Channels 4, 7 and 9 from the air, which generates a lower quality signal '. to the customer. Mr. Don Branton stated that some revisions have been made in their office to better accommodate customers. He noted they now have three telephone lines; the office hours have been extended; and a new office manager has been hired. Responding to Commissioner Vincent, Mr. Branton stated a willingness to work with the City to develop a cable franchise agreement which is acceptable to both parties, if that is determined desirable. He stated that the agreement which they prefer is a non-exclusive agreement, which allows another company to compete if they so desire. Commissioner Vincent asked if TCI Cablevision would add the Salt Lake City stations back on the system if they received requests from a large number of customers; Mr. Branton responded that would be the decision of his superiors. He noted that the duplication and costs involved would ~. need to be carefully considered in making that decision. The Commission thanked Mr. Branton for his presentation. 01-27-92 . .. -. ---.. --.. . __ ...... ._.__._n._.__ ---..--- -...--..- .-- - 7 - Discussion - DroDosed tax abatement Dolicy as submitted by the Historic Preservation Advisory Board The City Manager submitted to the Commission a memo from Historic Preservation Officer Catherine Goetz, dated January 15, 1992, setting forth several questions which the Historic Preservation Advisory Board has identified in its attempts to established a proposed tax abatement .POliCY for Commission consideration. Ms. Catherine Goetz, Historic Preservation Officer, introduced Chris Boyd, Chairman of the Bozeman Historic Preservation Advisory Board and Beth Mentzer, also a member of the Advisory Board, who may be able to provide requested information if she is unable to do so. Ms. Goetz stated that a number of concerns have arisen about the interpretation and implementation of the tax abatement policy; and those have been enumerated in her memo. She then reviewed each of those items individually, seeking Commission input on each, as follows. 1 ) The Bozeman Municipal Code calls for the Design Review Board to do tax abatement review; and the Commission Resolution No. 2766 calls for the Bozeman Historic Preservation Advisory Board to do the review, so there is a conflict as to actually who will do the .review when an application process is put into place. Ms. Goetz stated that the HPAB would like clarification on which entity the Commission feels should appropriately respond to these issues, suggesting that the HPAB is the appropriate agency since it has the "Secretary of the Interior's Standards for Rehabilitation," which must be met for a project to Qualify. She then noted that either the Code or the Resolution must be revised to reflect the Commission's desires. 2) There is uncertainty as to when the tax abatement actually starts. Ms. Goetz noted that if the DRB approves a tax abatement during its review of the Certificate of Appropriateness process, there remains the strong potential that the property owner will not complete the project; therefore, he should not be eligible for any tax abatement. She also noted it is important that those improvements comply with the standards for rehabilitation and restoration; however the resolution for this program does not provide for any after-the-fact review. .he then stated that the State statutes do allow for tax abatement to be given during construction; however, the resolution does not. She suggested that if such a provision is made, then a follow-up inspection should also be required to ensure that the improvements meet the "Secretary of Interior Standards for Rehabilitation." 3) The application form is of concern to HPAB members, particularly since it asks 01-27-92 ---.--.---.-.. ---.---..--....--- --- , , - 8 - for information that is irrelevant, thus possibly being construed as an invasion or privacy. Ms. Goetz suggested that a comparison between the pre-construction tax assessment and the post- construction tax assessment would be adequate. She noted that since this is an incentive program, the HPAB feels the application form should be made as simple as possible; however, she noted that .alllegal issues must be carefully addressed as well. Ms. Catherine Goetz stated an additional concern is that the statutory provisions for this program allow for tax abatements on "contributing" structures. She then suggested that this provision should be changed to allow any structure within an historic district to be eligible for the tax abatement, thus encouraging those property owners to make the alterations which might be needed to make a non-contributing structure more compatible with the surrounding area. She noted that this will require a legislative change, which should possibly be considered for the upcoming session. Ms. Goetz noted that a recent conversation with the State Historic Preservation Office revealed that they feel that this concern is valid; and they have asked other Certified Local Governments to review their tax abatement policies as well as the code to determine if a change : is desirable. Mayor Swanson stated it is important that the applicant receive the same response from the various parties involved, questioning how that can be assured if two different advisory boards are involved in the process. He then stated support for allowing a tax abatement for qualifying projects, after the work has been completed, based on a comparison of tax assessments before and after the project. Commissioner Knapp stated that the average person could become confused by the first line of the application form, suggesting that it be amended to either delete some of the options or, include definitions and examples for each of the options. Commissioner Frost stated he feels the HPAB should make the final review of the project, . noting that he feels such a review is extremely important. He then stated he feels that the method of determining the tax abatement is a legal issue, and must be resolved as such. He then stated his desire to have this tax abatement as open as possible, so that all structures within the neighborhood conservation districts could qualify. Commissioner Stiff stated support for the concept of this program; however, he noted that one can spend a substantial amount of money on an old structure without really increasing its 01-27-92 __ ,____.~__._., '._n.____.__..________._____.____ . _____..._._.._..____....._._...__., _..,. __n.._____. n_n__.' _., ...., ._.. ".. ___no _____.."._ .. _____"._ .. _.." - ._....."'...___._.....__._.__._ , . - 9 - value. Commissioner Vincent stated support for Commissioner Frost's comments, noting that this is a program that should attract more attention than it has. The Commission then more fully discussed the issues of public awareness and education, .Possible lower limits on qualifying projects for commercial structures, and the possibility of seeking a legislative change, expanding on the comments noted above. Break - 4:58 to 5:03 D.m. Mayor Swanson declared a break from 4:58 p.m. to 5:03 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Ordinance No. 1342 - amendina Sections 2.01.010. 2.01.020. 2.01.040 and 2.01.070 of the Bozeman Municioal Code. re code of ethics for City Officials and emoloyees City Manager Wysocki presented Ordinance No. 1342, as prepared by the City Attorney, entitled: ORDINANCE NO. 1342 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 2.01.010; 2.01.020; 2.01.040; AND 2.01.070 OF SAID CODE, PROVIDING FOR REVISION TO DECLARATION OF POLICY, STANDARDS OF CONDUCT, CONFLICT OF INTEREST, DEFINITION OF AGENCY, AND DEFINING EMPLOYEE AND OFFICIAL SEPARATELY. Assistant to the City Manager Ron Brey highlighted the information in the Commissioners' packets, which included a copy of the ordinance, as revised prior to provisional adoption, a copy of the informal survey which was distributed to local architects, and a summary of the responses to that survey. He then reviewed the changes which have been included in the redrafted ordinance, as discussed at the January 13 meeting. He also noted that the summary of the informal survey seems to reflect that it would be extremely difficult for a sole practitioner to serve on the Design Review Board under this ordinance as provisionally adopted. . The Assistant suggested that the only way which staff has identified to avoid this problem is to allow City officials to represent projects before the board upon which they serve simply by announcing the representation, stepping down from the board and not participating in any board discussions or recommendations to the Commission. He then suggested that if the Commission decides to consider this alternative, it should also consider a provision which exempts autonomous 01-27-92 ....----.----.----- ------------ -- -..-.- - 10 - boards, since those board members also have personnel authority over the employees in a specific department. He noted that in those situations, the public perception of impropriety would be impossible to overcome. Commissioner Stiff noted that concern about this ordinance, as provisionally adopted, was .raised by not only sole practitioners, but by a member of a large firm as well. He then stated he feels it is important to the community that those who wish to participate be allowed to do so. He then stated that he would be comfortable with the proposal forwarded by Assistant Brey above, allowing a board member to represent an application before the board after stepping down from the board. Mayor Swanson noted that the majority of the responses seem to indicate that this ordinance provides the flexibility which they feel is necessary. Commissioner Knapp noted that Answer No.7 to Question No.2 accurately depicts the major issue, which is "... the 'perception' of impropriety by the public." She further noted this is a small community with a limited number of professionals who may serve on some of the boards. She then stated that the City will face the issue of impropriety unless it is very careful. She then . stated support for proceeding with final adoption of this ordinance as submitted. Commissioner Vincent noted there still seems to be a question about whether the language is acceptable, suggesting that it may be best to further revise the language prior to taking final action on this ordinance. Assistant Brey responded that the Commission must make a determination of whether it wishes to implement this ordinance as proposed, which does not allow an official to represent an application before the board upon which he/she serves, or whether it wishes to have the ordinance revised to allow an official to state his/her conflict, step down and represent an applicant before the board, excluding the autonomous boards from this provision. Following additional discussion, it was moved by Commissioner Knapp, seconded by . Commissioner Frost, that the Commission finally adopt Ordinance No. 1342, amending specified sections of the Bozeman Municipal Code pertaining to the code of ethics for City officials and employees. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Stiff and Commissioner Vincent. 01-27-92 - 11 - Ordinance No. 1343 - salary ordinance for the City Manager for Calendar Year 1992 '!!! City Manager Wysocki presented Ordinance No. 1343, as approved by the City Attorney, " entitled: , ORDINANCE NO. 1343 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. Commissioner Stiff stated it is important to note that the salary provided in this ordinance is a direct reflection of the good evaluation which the Commission gave the City Manager, and includes recognition for merit. Commissioner Vincent expressed concern about the process which the Commission follows for adoption of an ordinance. He stated that under this process, Commissioners take action on provisional adoption without first having the ability to receive public input. He then stated that because of that concern, he will abstain from voting on this matter. Commissioner Vincent then stated his philosophical position that evaluation of the City Manager should be subjected to an open process rather than the closed process which is utilized. . Commissioner Frost noted that any employee has the right to a closed meeting for discussion of personnel matters. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1343, setting the City Manager's salary for Calendar Year 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. Commissioner Vincent abstained. Authorize Mayor to sign - EmDloyment Aareement with City Manager for Calendar Year 1992 The City Manager noted that a copy of the employment agreement was included in the Commissioners' packets. . It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission authorize the Mayor to sign the Employment Agreement with the City Manager for Calendar Year 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Commissioner Vincent abstained. 01-27-92 -..---..-.-.... ---- -- , , . , - 12 - Work Session - miscellaneous Drocedural orientation items for new Commissioners The City Manager stated this item was deferred at last week's meeting due to the lateness of the meeting. He then distributed to the Commission a list of items to be covered during this discussion. He then led the Commissioners through discussion of these items, which included: .rotation of motions and votes; authorization of Commissioner absences; corrections to minutes; Commissioner salaries; removal of consent items from the consent agenda; breaks during Commission meeting; calls to the Clerk of the Commission office; protocol for public hearings; review of information sheets; ordinances versus resolutions; appointments to the Valley Unit Subdivision sub-committee; and possible appointment of a Commissioner liaison to the Recreation and Parks Advisory Board. The Commissioners reviewed the information sheets which had been drafted by staff, which included a proposed sign-up sheet for public hearings, an information sheet on the public hearing process as well as one for the public hearings process for appeals, and a brochure providing information about Commission meetings to the public. During their review of these draft documents, the Commissioners provided several proposed revisions. . City Manager Wysocki noted that after a public hearing has been closed, the Commissioners are not to accept any additional public input. The City Attorney concurred, noting that a Commissioner does have the ability to request that the public hearing be reopened, after the appropriate publication requirements have been met, if he or she feels that important information has not been provided during the hearing process. City Manager Wysocki noted that Mayor Swanson has served on the Valley Unit Subdivision sub-committee, along with former Mayor Hawks. He then requested that the Commission appoint another member to replace the former Mayor, noting that he would like to call a meeting of the sub-committee within the next two weeks. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission appoint Mayor Swanson and Commissioner Stiff to serve on the Valley Unit .SUbdivision sub-committee. 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. The City Manager noted that the Commission has not appointed a Commissioner liaison to the Recreation and Parks Advisory Board in the past, suggesting they may wish to do so. He 01-27-92 ---- . __..._.. ___.__n.._... -..-- -..., -- . ---- -..-..... ---.... ---....-- .. ..... __... - ._.u_. ..__.. .__...____..u...._.___ .._.__.. - 13 - then cautioned the Commission that the Board has just recently changed its meetings to Monday evenings. Commissioner Vincent volunteered to serve as the Commissioner liaison to the Parks and Recreation Advisory Board. . During this discussion, the City Manager asked if the Commission would prefer to receive copies of ordinances and resolutions in the packet, possibly under "FYI Items" the week before action is desired, in response to a concern raised by Commissioner Vincent. The Commissioners concurred this would be a desirable approach, as long as it does not significantly lengthen the process. The City Manager then noted that the "FYI Items" portion of the agenda has been designed to allow Commissioners and staff to provide information to the others that does not require any action. He noted that if action on an item is desired, a Commissioner may request that it be placed on the following week's agenda. Mayor Swanson then asked if the Commission should establish a more formal approach for maintaining contact with its boards; however, that issue remained unresolved at the end of this 4J;c discussion. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Announcement from Bill Tietz regarding the meeting scheduled for 5:30 to 7:00 p.m. on Tuesday, February 4, at the SUB, regarding the design process for the engineering/physical sciences complex. (2) Information sheet from Commissioner Vincent regarding his door-to-door campaign and continuing effort to keep in contact with the voters. ~ Commissioner Vincent stated that last month, he spent only 4 1/2 hours on door-to-door . t visitation, in the Marwyn Addition, rather than the 8 hours he had pledged to do. He then noted that this door hanger allows for additional public input whenever they feel a need to contact a Commissioner. (3) Memo from Commissioner Vincent proposing a change in the Bozeman City Seal. Commissioner Vincent suggested that this change, as he visualizes it, could be undertaken 01-27-92 --.. . , - 14 - without cost to the City. He stated that he views this as a community project, rather than an Commission project, noting it should not interfere with the many important items with which the Commission and staff are involved. He then noted that this new seal could be incorporated over time, as new stationery and envelopes are ordered. . (4) Copies of the congratulatory letters sent to Officer McCarver, Officer Sanem and Chief Boyer regarding the successful D.A.R.E. program. (5) Letter from Chris Mundt regarding the proposal for burning of hazardous wastes at Trident. (6) Letter from Amelia and Charles Kelly, dated January 20, 1992, regarding the proposal for hazardous waste burning at Trident. (7) Letter from Martha Riley, dated January 21, 1992, regarding the hazardous waste burning issue. (8) Letter from the Gallatin Valley Land Trust, dated January 25, 1992, announcing that the GVL T was successful in its application for a $4,488 Innovations Grant from the World Wildlife Fund, and summarizing how those monies will be spent, along with a copy of the survey .form they will be using in the near future. (9) Agenda for the special meeting of the City-County Planning Board scheduled for 7:00 p.m. on Tuesday, January 28 in the City Commission Room. (10) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, January 28, in the Carnegie Building. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 28, in the Carnegie Building. ( 12) Agenda for the Montana Highway Commission meeting scheduled for January 31 in Helena. ( 13) Agenda for the County Commission meeting to be held on January 28, along with daily minutes for the weeks of January 6 and January 13, 1992. . (14) The City Manager announced that he attended the meeting held on Wednesday evening concerning the Montana rules for burning of hazardous materials, commonly known as the "BIF" (Boiler and Industrial Furnace) Regulations. He also noted that he has received a copy of the Federal Register, containing the national regulations. He then reminded the Commission that the deadline for public comment is February 10. 01-27-92 -..-... -- --- . . - 15 - Mayor Swanson noted he also attended the Wednesday evening meeting. He suggested that, in light of the number of comments which the Commission has received on this issue, it should forward a letter to the State by the February 10 deadline. He then suggested that staff draft a letter for Commission consideration at next week's meeting, based on Commissioner .comments received by Wednesday. (15) The City Manager submitted his weekly report, as follows. (1) Met with the City Judge, the Police Department and the architects for the Law & Justice Center re-building, to discuss possible relocation of the City Court and Police to that facility and the amount of space that would be required. (2) Attended the Transportation Coordinating Committee on Wednesday, noting that at that meeting, they added a representative from the Bozeman Area Bicycle Advisory Board to the Committee. (3) Noted that the Police Department gave their exams and interviews last week for the Sergeant's position; and the results were announced earlier in this meeting. (4) Met with representatives from the Police Department on Friday to pursue the possibility of collective gaining or corroborative discussion in place of negotiations. He noted this is the first step in the process; and there appears to be interest in pursuing it further. (5) Attended a meeting for the centennial . project for the Fish Technology Center, noting that a proclamation for that centennial celebration will be forthcoming in the next few weeks. (6) Announced that the Audit Committee has received six proposals, which it will be reviewing prior to forwarding a recommendation to the Commission for consideration by the end of February. (7) Noted that a commercial was filmed at the corner of South Willson Avenue and West Koch Street on Friday. (8) Noted that staff is working on the papers for the Lattice Materials Corporation loan, for Commission consideration at next week's meeting. (9) Announced that he and City Attorney Luwe will attend an MMIA retreat on Thursday and Friday. ( 16) The City Manager distributed a monthly report from Lieutenant Furu to Chief Boyer regarding the traffic study done on North Wallace Avenue for this past month. (17) Commissioner Vincent submitted the following. (1) Thanked Director of Public .service Forbes for his excellent presentation at the Recycling Coalition meeting on Wednesday evening. (2) Highlighted his meeting with the residents along South Third Avenue on Tuesday evening. He noted the meeting was well attended, with many different opinions being aired. He then suggested that a joint meeting which includes representatives from the City, County, School District, MSU and the neighborhood to further discuss these issues. (3) Noted it may not be 01-27-92 _...__.u_ .-.-- . . - 16 - possible for the Marketing students at the high school to address the Commission during Marketing Week. He noted that he will schedule their presentation for a later date. (4) Distributed to the Commissioners information regarding the cable television industry, which presents a different side from what was presented earlier in the meeting. . (18J Commissioner Knapp submitted the following. (1) Attended the TCC meeting (2) Attended a meeting of the Library Services Advisory Council on Friday in on Wednesday. Helena. She noted discussion was lively, particularly since the group was asked to decrease itself to save money. (3) Announced that she will be attending the Broad Valleys Federation of Libraries retreat this weekend. ( 19) Commissioner Frost submitted the following. (1) Attended the DBA board meeting last week, which was a goal setting session. He then noted that a good topic for an upcoming DBA meeting would be the tax abatement program which is available for historic structures. (2) Noted an article in the Energv News Digest which he received last week regarding recycling of Christmas trees in Missoula. He noted that they started a "Missoula 2000" program, under which they hope to plant 20,000 new trees by the Year 2000, through donations from . corporations and large businesses in Missoula. (3) Requested a list of current zoning violations, noting it is almost six months since the last listing was submitted to the Commission. (20) City Attorney Luwe noted that he has sold his house in Billings and will be moving his family to Bozeman in mid-February. (21 ) Clerk of the Commission Sullivan noted she will be leaving Tuesday to attend the Region VIII meeting of the International Institute of Municipal Clerks in Sparks, Nevada. (22) Ms. Daria Joyner, Executive Director of the Chamber of Commerce, requested a supply of the brochure on the procedure for Commission meetings, noting a desire to distribute them to Chamber members through a mass mailing. She then noted that Bozeman was featured in a recent Chamber magazine because of the cooperative efforts between representatives of the City and the County and the Chamber. . (23) Mayor Swanson submitted the following. (1) Thanked the Chamber for an opportunity to address its membership through an article in the monthly newsletter. (2) Attended the TCC meeting on Wednesday. He noted that of the 17 signals in town, 12 have a "B" or better rating, which means that motorists wait 5 to 25 seconds to get through them. (3) Attended the meeting on burning of hazardous materials on Wednesday evening. 01-27-92 ..__._.... .._n.. ----.--... ____ .n ---- ---..-.. --...--.. -".- .-..-..- -.....--....-... - -----. -. -..-..-.. --....-..... , " - 17 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviations to Section 18.50.040.F. of the Bozeman Municioal Code to allow a new garage to encroach 6 feet into the reauired side yard and 5 feet into the reauired rear yard setback - Dan and Vicki ShYne. 302 South Grand Avenue: oer DRB recommendations . Aoolication for Kennel License - Wanda and Rosemarv Mus. 1322 South Grand Avenue - Calendar Year 1992 Letter of supoort for grant aoolication - Reach. Inc. Authorize City Manager to sign - Certificate of Comoletion and Acc8Dtance. Certificate of Substantial Comoletion. and Change Order Nos. 1. 2 and 3 (adding total of $4.934.07 and 1 calendar day) - North Seventh Overoass Sewer Relocation Proiect - KM Construction 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 - 6:47 p.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: .~J~ RO IN L. SULLIVAN Clerk of the Commission 01-27-92 .n _ ".....-...._ ------------.. ..-- -------------- ---------------