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HomeMy WebLinkAbout1991-03-04 MinutesMINUTES mF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March *' 19e1 The Commission of the City of Bozeman met in regular session in the Commission Com- missioner 0vohruug, Commissioner Frost, Commissioner Swanson, Commissioner Knapp' City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners, requested that any of the Consent Items be removed for discussion. Minutes - February 25 1991 It was moved by Commissioner Goohrung seconded by Commissioner Frost, that the minutes of the regular meeting of February 25 1997 he approved as amended. The mo- tion carried by the following Aye and No vote; those voting Aye bring Commissioner Goehrung Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No none. Commission Resolution No 2823 revising guidelines for budgeting the use of program i n- come City Manager Wysocki presented Commission Resolution No. 2823 as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2823 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF a0zEm&w MONTANA BUDGETING THE USE OF PROGRAM INCOME FROM THE lyao COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. The City Manager reminded the Commission that this resolution was prepared as a result of their direction at last week's meeting. Mayor Hawks asked if all Commissioners are satisfied that these revisions allow the latitude desired by the commission; they responded in the affirmative. It was moved by Commissioner Frost seconded by Commissioner Swanson, that the Commission adopt Commission Resolution: N*. 2323 revising the guidelines for budgeting the use of program income frmn the 19�84 Community Development Block Grant program. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost Commissioner Swanson, Commissioner Knapp' Commissioner Coeorung and Mayor Hawks; those voting Nn none. - 2 - Continued discussion request for foan/grant from the City' CD8C Revolving Loan F und outside target area - Affordable Home Ownership & Management Enterprises The City Manager reminded the Commission that the motion on this r*gues,t was ta- bled at last week's meeting, pending adoption of the above resolution, It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the motion be removed from the table. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knamp' Commissioner Gvehruug' Commissioner Frost and Mayor Hawks; those voting Nn none. Clerk of the Commission then read the original motion, which had been tabled, as fo|tows: It was moved by Commissioner Swanson seconded by Commissioner Knapp' that the Commission approve the application for a grant from the Community Development Block Grant Revolving Loan Fund in the approximate amount of $7 for two lots in Valley Unit, to be paid as the outstanding semi-annual special improvement district assessments become due and payable, so long as o qualifying /ow- or moderate-income family owns the property under H0mE's program, subject to the concerns raised in the above discussion. Commissioner Swanson noted that forgiveness of the special improvement district balance should be at the rate of 1/20th per year' the same as the rate of forgiveness on the equity of the home. Assistant Planner Arkd| noted that in the memo' staff recommended that the ^reda| improvement district assessments to be paid through the CD0C Revolving Loam Fund are strictly for the existing water, sewer and paving improvements, which have ten and one-half years remaining, and exclude all annual assessments, i.e. street and tree mainte- nance district assessments. Commissioner Swanson then asked Mayor Hawks if he is satisfied that the qualifying owners of these homes will have adequate incentive to maintain and keep /hem attractive. Mayor Hawks stated he feels that the motion as stated provides adequate flexibility for the agreement between HnoC and the purchaser to [odode some type of sharing of the increased value of the property due to installation of improvements and good maintenance. He than indicated that he is w/||mg to accept any action which HRDC takes to meet the in- tent of this motion, and asked if the other Commissioners agree; they concurred. The Commission then voted no the original motion, with the inclusion of this week's discussion as well as last week's, as follows. The motion carried by the following Ay* and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commission- er Goehrung Commissioner Frost and Mayor Hawks; those voting Nn none. Public hearing - Conditional Use Permit - James W. Kack - modify land use development nuidelines of Collecle Park Professional Center--East, Fracts 1A and 1B, located in the os-nv-o, - 3 - southwest one-quarter of Sectio /z Township Meridian (just east of South 19th Avenue on West College Street) This was the time and place set for the public hearing on the Conditional Use Per- mit requested by James W. Kack for modification of the land use development guidelines of the College Park Professional Center--East, located an Tracts ]A and 1B of the College Park Professional Center. The sub/act site is located in the southwest one-quarter of Sec- tion 12 Township z South, Rang* 5 East Montana Principal Meridian, and is more com- monly located along the north side of West College Street, just oast of its intersection with South 19th Avenue. Mayor Hawks opened the public hearing. Associate Planner nave Skelton presented the staff ropwrt. He noted that this type of hearing is usually held during the evening session; however, this hearing was ad- vertised for the s:aa p.m. session, The Planner then distributed to the Commission two exhibits which were not includ- ed in their pockets the first being a copy of the minutes from the DRB meeting at which this application was considered and the second being a letter of support from the Gallatin Development Corporation, dated February 15 1991- The Planner noted that while the subject property is not located in an entryway overlay corridor, this application was sub- mitted for their expertise in reviewing the proposed architectural modifications. He stated that while the three members present at that meeting did not have a major concern with the proposed modification of the guidelines, one member did express concern that the orig- inal theme was not being retained. He noted that several letters of support from property owners in that immediate area were rnc|muud with the staff report, reviewing those letters and the relationship of those properties to the subject site. Planner Skelton stated that this application is essentially for modification of a planned unit development which was originally approved in 1984. He noted that plan was for a five-phase development, with the phases to be installed in 18-month increments. In 1987 because of the supply and demand for this type of development, the applicant resub- mitted his application for a planned unit development professional office complex, to be constructed under land use development guidelines. He stated that under this process, when a new building is to be constructed' it goes through an in-house review to ensure that the /and use development guidelines are being met pr/or to issuance of the building permit. The Associate Planner stated that under this application, Mr. Kock has requested that the following modifications be made: (/) that the type of exterior finish on the structures be expanded to include (a) channel siding and (b) shingles, and (a) that dormer treatments be added to the structural options. V3-n4-y1 - 4 - Planner Skelton stated that the College Park Professional Center--East has been de- veloped in x Western USA theme; and these proposed changes would be in keeping with that theme. Be noted that Hamilton stnra, has discussed relocating its winter headquar- ters to this location; and these revisions to the |aou use development guidelines would al- low the review of that application as a minor site plan. He reminded the Commission that this application is for o revision to the guidelines; therefore, discussion must remain at that level and not on a particular building. Planner Skelton stated that, following its public hearing on February le 1991 the City-County Planning Board unanimously recommended unconditional approval of this appli- cation. Associate Planner Skelton stated that Dr. Brian RvBe,o who owns the building di- rectly to the oast of the subject site, has indicated that he is not in opposition to the pro- posal; however, he is concerned about continuity of the entire project and the potential for losing that through further revisions to the !and use development guidelines. He not- ed that Dr. Rogers feels that the remainder of the development should he done in such a manner that the two existing buildings are an integral part of the planned unit develop- ment. Responding to Commissioner Knapp' the Planner stated that the Hamilton Stores had proposed e looped transportation system through the lot; however, that was not in compli- ance with the guidelines for development within that planned unit development. He noted that Hamilton Stores has since agreed to do|mta that from their plans. Commissioner Frost indicated that he has not received a copy of the staff report for this item; therefore, he is uncomfortable with taking any action at this meeting. Mr. James W. Kack applicant, 6531 Jackson Creek Road, indicated a willingness to address questions. Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, spoke in support of the proposed modifications to the /and use development guidelines. Mr. Mark Ref|ing, 2618 Spring Creek Drive, stated that he has served as attorney for Hamilton Stores in the past; however, he is not representing that firm at this hearing. He noted that if this application is approved, Hamilton Stores will strongly consider re- locating its winter headquarters from Santa Barbara. California, to Bozeman, Montana, so they will he closer to their operations in Yellowstone Park; and that includes construction of a new building in the College Park Professional Center--East. He rioted that if this move is to occur, the building must be completed by September; therefore, construction must begin this month. He then reminded the Commissioners that the neighbors are genera/|y in favor of these requested modifications and urged their approval, No one was present to speak in opposition to the requested Conditional Use Permit' n3-o4-o1 - s - Commbsionur Gnehrung suggested that, since this type of public hearing is usually scheduled for the evening session this hearing should be continued to that time. He not- ed that any additional testimony could be submitted at that time' and a decision neda after the public hearing is closed. Mayor Hawks continued the poWk hearing until the evening scssion, since that is the typical time for addressing this type of application. Discussion - possible creation of neighborhood parking district MSV City Manager Wysocki reminded the Commission that this item was requested by Commissioner Swanson. He then noted that, included in the Commissioners' packets, was a letter/ petition, dated November 18 1990 from many residents of the area just south and east of the Montana State University campus. Commissioner Swanson asked that Assistant to the City Manager Ron Br^y provide a brief report on his assessment of the information received from Missoula, prior to listening to the residents of that area. Assistant Brey stated that he has reviewed the written information he has received on the Missoula neighborhood parking districts and talked with officials involved in deve/- op[ng that program. He stated that Missoula found it necessary to have the program ini- tiated by the affected residents, particularly since streets are public rights-of-way; and the public is entitled to use those unless restricted by n district. He further noted that strong resident support is necessary because those invv|"ru must evr|moivo{y bear the ad- ministrative and operational costs, including yignag= and enforcement, incurred in that district. He then cautioned that the district must he large enough that parking restric- tions don't push the problem to am adjoining area. Assistant 8rey stated it is important that the parking situation be carefully re- viewed' and that any City attempt to address problems be done in concert with MSU offi- cials, after due deliberation. The Assistant cautioned that, in all likelihood, a source other than the Police De- partment will be necessary for enforcement within the parking district. He noted that the enforcement mechanism should be identified early in the process. Assistant Brry stated that another step that should be taken early in the process is to identify the number of living units in the area and the number of cars for each, so that a determination can be made of whether the congestion is occurring because of residents or because of MSH rn|a|ou activities. He noted that if it is determined that a substantial number of cars belong to residents of that area, the creation of a neighborhood parking district may not resolve the problems. Assistant to the City Manager Ron Brer then suggested that the three principal oz-n9-o/ _ points of consideration should include: (/) creation of a district that includes the entire ruoidcuua[ University perimeter, to ensure that the problem is not shifted to another area; (z) conduct a parking study to determine how effective such a mechanism would be in al- leviating the problem; and (3) close cooperation with MSU to relieve the problem. Responding to Commissioner Swanson, Assistant Brey stated that under the interim zoning ordinance, 2.0 to 2.26 off-street parking spaces are required per residential unit' He noted that a majority of the apartments in that immediate area do not provide those parking spaces/ and therm is a definite unwillingness to tear up lawns 10 provide those spaces. Responding to questions regarding blanket grand*nthwring of apartments in that ar- ea for parking purposes' Assistant Broy noted that such graoufathermo would not put any more cars on the streets, but it would legitimize the status quo. He noted that such action would freeze the situation, with any future apartment conversions being required to provide the off-street parking spaces. The Assistant cautioned that the down side of blanket grandfatherimg is that the City would lose its ability to enforce regulations in cases of outstanding abuse. Mr, Bill Rose, Facilities Director at Montana State University, stated it is important for MSU and the City to work together to address the parking problems. He noted that many of the people who work at M3U, as well as many of the students, are residents of Bozeman. He stated that a substantial amount of data is needed to determine the scope of the problem and how it can best be addressed. He noted that any efforts to address the parking problems in the subject area could impact parking on campus; and the University needs time to adjust to those changes. Mr. Rose then noted that mSU has engaged a parking task force to study parking on and around campus. He noted that within the next few weeks, the results of that study will be closely reviewed in anticipation of the next step. He indicated that one of the issues in parking along the northeast and east sides of the campus. Mr. Gordon H=r=ig, 1412 South 5th Avenue, gave w lengthy presentation, in which he made and reiterated the following points and issues. He noted that the residential ar- eas around the north and east sides of the campus are where the neighborhood parking district is needed, not an the south and west yides, He stated that in the immediate area of South 4th Avpo"* South 5th Avenue, West Grant Street and West Hayes Street there are many residents who are unable to use the streets, Mr. Herwig stated that area is also the auxiliary parking lot for the University, and tbnao faculty and students who avoid purchasing a parking sticker to park on campus. He stated that because of the solid parking of those vehicles, the City is unable to main- tain those streets like it does in other areas, because it cannot plow the snow to the curb oo-oo-n1 - 7 - and cannot get to the curb to pick up leaves in the faU. He noted that the heavy /ca ridges that build up in the street because of the City's inability to get the snow to the curb, the parking on both sides of the street and the heavy traffic flow along West Grant Street all contribute to a generally dangerous traffic situation, He stated that is one of the major streets to the campus and is the one used by the transit bus system. Mr. Harwig stated that daytime guests are unable to park anywhere close when they coma to visit, which is o definite deterrent. He also noted that houses in that area are losing value because of the parking problems being incurred by residents. Mr. Hvrwig stated that exiting from the 1400 blocks of both South 4th A,poun and South 5th Avenue is extremely dangerous. He noted that both of those streets are dead ends; and the only *ay vut is on West Grant Street. He stated that many oar, park right up to the intersection, even though the curbs are painted yellow; and one must move into the line of traffic to be able to see any oncoming traffic. He noted that many of the resi- dents in that immediate area have lived there for many, many years. He stated they tend to be older citizens, whose reflexes have slowed dramatically; and the hazardous situation created at those intersections is magnified for them. Mr. Gordon Hcrwig then stated that if the area cannot have a neighborhood parking district, he would like to see more Police Department enforcement of the parking regu- lations because he n*a|a it is definitely lacking at this time. He suggested that the posting of ''nn parking hero to corner" signs could also possibly help; however, enforcement will sU|| be necrsaary, since many students will tend to park in those areas anyway. Mr. Gerwig expressed dissatisfaction with the fact that Montana State University is characterized as the bread basket for the community, asking the City Commission to con- sider the elderly residents of that area as well. Mr. Herwig then stated that student parking stickers cost $14 per year, but they can park off campus for free. He also noted that the Service Shop employees also park on the street, since that facility is located at the corner of South 5th Avenue and West Grant Street; and that only serves to compound the problem. Ha noted that those vehicles which park in the residential area could be parked behind the Fie|dhouse where few cars are currently parked during the daytime; and the distance to walk would be no greater from there than from where they park mow. Mr. nerwig then encouraged the Commission to create a neighborhood parking dis- trict' similar to the one implemented in Wissvu|a. He indicated that he has a substantial amount of information on that program and offered it to the City. Mayor Hawks asked about the response to temporary street maintenance signs in that area; Mr. Horwig indicated' the students don't respond. Commissioner Swanson read into the record a letter from Cliff J. Trdoar' 702 South oJ-n4-gu _u_ 9th Avenue, expressing concern about the parking problems they incur at their residence. Dr. A. B. 0viett retired M3U professor, 1425 South 4th A^cru+ stated he has lived there for 34 years. He them challenged the Commissioners to drive across West Grant Street during the middle of a weekday, looking down South 4th Avenue and South 51h Avenue, dnmn drive by the parking lot at the hack of the FieWhuuyc. Mr. Dave Burgess, 1310 South 6th Aveouo, stated his driveway coincides with the campus drive for the engineering department. He noted that his driveway is wide/ and students sometimes park in it or on the street across /t. He stated that with construction of the new engineering building, South 7th Avenue will be dosed between West Garfield Street and West Grant street which will serve to further complicate parking problems. Mr. Burgess then suggested that if the Physical Plant were to open a parking area for its employees in the south end of the |vt it would alleviate some of the problems. He also concurred that the Fio|uhuusa parking lot is not used during the daytime; and using it would also help to address the issue. Mr. Burgess stated that he is not familiar with the Missoula program; hv*o,cr' he has seen a similar program work well around the university campus in Seattle. He noted that enforcement in that program is quite extensive; and if car is parked in the district without a permit, it will be towed away usually within thirty minutes. Mrs, Jo Ann K|are 7430 South 5th Avenue stated she has lived there for 23 years. She noted the hazardous intersection or South 5th Avenue with West Grant Street, particularly when pickups and vans are parked close to the intersection. She stated that the four-way stop at South 7th Avenue and West Grant Street has helped to somewhat slow the traffic; however, it is still very dangerous, Mrs. K|oru stated that all families living along that portion of South sth Avenue have had at feast one member involved in an accident at that intersection; and most of those individuals have been cited with an attendant increase in insurance costs. She also noted there is a lot of bicycle traffic along West Grant Street; and one cannot see them because of the parked cars' She also expressed concern that there is a school bus =top at the corner of west Grant Street and South sth Avenue; and the children are dropped in the middle of the su-cot because of the parked vehicles. Mr. Dal Burkhalter, 1429 South 5th Avenue, stated he has lived there for 17 years and works at MSU. He stated that the availability of more parking in |nta on uampus Will not solve the problem because many of the staff also wish to avoid paying the $26 foe for a parking sticker. Mrs. Janet Herwig 1412 South 5th Avenue, stated she would like to see ''nv park- ing" signs posted along the south side of West Grant Street between South Willson Avenue and South 0th Street. She noted the street is narrow and heavily traveled; and such a 0-04-9n - »_ parking restriction would ho|m to alleviate the problems. She then noted that parking is limited to one side only on West Cleveland Street, West College Street and West Garfield Street. Mr. Steve Kovatch 1221 South oth Avenue, stated that the same parking problems occur along West Hayes Street as West C:ramt Street. He stated that he has had good co- operation from the Police Department when he has called in a complaint; however he sug- gested that the police should patrol and ticket vehicles on a regular basis rather than strictly on a complaint basis. He also noted that street maintenance begins about 7:30 a.m, in that area, after cars are parked there and before they are ticketed. He suggest- ed that process should be changed on that the maintenance occurs after ticketing. Mr. Bill Rose, MSU stated he appreciates the residents' concerns about safety. He reiterated that MSU is a part of the community, and is willing to be a par' of the solution to this problem. Mayor Hawks stated the City will address the problem, holding public hearings dur- mg that process. He noted that in The meantime, City staff will attempt to address the safety issues which have been raised. Commissioner Swanson requested that the sight triangle issues and perking problems on West Grant street be addressed immediately, with a summary of staff recommendations being forwarded to the Commission. He also requested a similar summary on enforcement, suggesting that if adequate enforcement is not being done at this time steps should be taken to address that issue as *dl. The Commissioner noted that creation of n neighbor- hood parking district will take some groundwork, which will take time. He then thanked the residents for attending this meeting and sharing their onoc*rno with the Commission. Break - 4:54 to 4:59 p.m. Mayor Hawks declared a break from 4:54 p.m. to 4:59 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - elements to be included in revised garbage ordinance Ser- vice PhU| Forbes, dated February zo 1991 listing twelve questions and staff recommenda- tions. He noted these pertain to elements to be contained in the revised garbage ordi- nance; and staff needs direction prior to proceeding with that rewrite. Responding to Mayor Hawks, the Director stated that under No. 10 he feels that the paper garbage bags should be placed in cans to avoid the possibility of animals tearing them up and scattering the contents. He also noted that if the bag is placed on the ground, it is very possible for that bag to freeze to the ground, and when the garbage - lo - man picks it up' he will get the bag with nothing in it. He noted that the plastic bags are generally stronger and tend to trap odors better, thus they are not as attractive to anima/s. He noted, however, that the requirement to place in paps could be extended to those bags as well. Mayor Hawks stated his preference for requiring that all garbage bags be placed in garbage cans. Commissioner Swanson asked if the public is definitely going to be given a choice of paper or p|aodo bags; the Director responded in the affirmative. Commissioner Swanson then asked about the proposed inclusion of a weight limita- tion. He suggested that imposition of such m weight limit might discourage residents from using trash compactors. The Director of Public Service noted that the City will use its compactor at the landfill, whether the trash is compacted before it is collected or pot/ therefor= there is no real advantage for everyone to have m home compactor. He then stated that the weight limit proposed is tied to the bag's strength, as well as consideration for the garbage men who, must pick them up. He noted that while a plastic bag may be stronger, and self- limiting, the paper hag can easily tear if filled with too much weight. The Director further noted' that this proposed: weight limitation is tied into the rate structure, and as- sures as much equity as possible within the system. Commissioner Swanson stated he supports providing the option of paper or plastic bags. He noted, however, that system could penalize those who are the leaders in this program; and suggested that a third nptinn, under which those who wish could buy a tag to affix to a garbage can without a bag liner, could avoid that penalizing effect. Director of Public Service Forbes cautioned the Commission that increasing the num- ber of options available will make administration of the program more difficult and time-consuming, as well as hamper effective public education. He noted that the con- version to a volume-based rate system will require w substantial amount of public uduva- tinm, and a more simplistic system will be much easier to understand. The Director then suggested an alternative is To consider this as an interim program, with the next step being to implement an automated garbage collection system, under which residents may sub- scribe to a 19- so- 60- or 90-ga||ou container-per-week level of service. He noted there are economic, environmental and individual forces driving the City toward consideration of that alternative as a long-range solution. The Director noted that in his memo, he suggests that garbage racks be required in the alleys by the end of September. He suggested that if the new program is to be considered only an interim program, he would change that recommendation and require, rather that existing garbage racks be appropriately maintained. He noted that those - 11 - racks keep the garbage cans together neatly, and 4ocp them off the ground. Responding to Commissioner Knapp, Assistant Street/ Sanitation Superintendent Tom Wo|d stated that the City has never sold garbage racks to residents; however at one time a private concern mad* and sold them to area residents. Mayor Hawks questioned why a tag system for cans would complicate the bag sys- tem noting it simply provides a third alternative for residents to choose from. He also noted that option o||m*s people who do not wish to line their cans with plastic or paper bags' thus adding to the waste stream, an acceptable alternative. Director of Public Service Forbes stated that to date, the staff has attempted to develop a volume-based rate structure, per the Commission's goal, which is simple and di- rect and does what m volume-based rate is intended to do, which is make people conscious of their habits. He noted that the bag program which staff has proposed accomplishes that objective; and it provides four options of two sizes each of paper and plastic uags. The Director stated that staff will work with whatever typo of system the Commission adopts; bnwe,er, he cautioned that the public education program and understanding of the system should be carefully considered in making that determination. Mayor Hawks reiterated his interest in adding a tag system to the options nvvi|nb|n noting that those who support such a system at this time might easily change their choice of option if unauthorized dumping in those cane becomes a problem. Assistant to the City Manager Ron Brey noted that staff considered the tag system as an option early in its research. He noted that one of the issues is finding a tag that can be affixed in this area's climate, yet be easily removed at the time of garbage on|- l*ction even when the operator is wearing heavy mittens. He reminded the Commission that v u ' 000-p|us account mu|tipUer, often with multiple cans per account, must be taken into consideration. He noted, however, that if it is used only as an option to the hag system, that changes the multiplier involved. Commissioner Knapp stated that the large percentage of alley pick-ups' where cans are always out and vulnerable to unauthorized dumping' was one factor which swayed her to support the bag system. The Director reiterated his willingness to work with *heonvor system the Commission endorses, reminding them, that adding more options comes at the cost of more public con- fusion. Commissioner Goehrung reminded the Commissioners that the proposed base rate for this program includes a weight factor for bags. He noted that cans hold more weight than bags; therefore, if both alternatives are provided, it may be necessary to have two base rates, or two different rates for cans and bags above the base rat*. He stated this differential in rates is necessary to avoid that possibility of one system subsidizing the - 12 - Commissioner Frost suggested color coding of tags on an annual bms/y for those who wish to use the can systcm. He noted that the tags could be affixed to the cans once e year, with a subscription cost being based an the number of cans, or they could be af- fixed to the cans for removal on a weekly basis. He then indicated support for including this option along with the bags' so those who might be discouraged by the requirement to add to the wmyoa stream have a palatable alternative. Commissioner Swanson noted that the bag system will probably accommodate the vast majority of the City's residents; however, he also for|o that a tag system is necessary for those who would prefer that alternative. He then suggested that the same weight limita- tion be applied to cans as hugs' which could discourage people from filling garbage cams just because the space is available. Assistant Brey indicated that when staff prepared the proposed rate structure, with a base rate and an additional per-can rate that would create p $55-p=r-y"ar assessment for those who have one can of garbage per week, the slope of the per-can rate became very strop; and the large-volume users would be paying a much larger fee. Following o lengthy discussion on the issues of bags versus cans and the possibility of adding a third option, in which the points previously stated were discussed, the Direc- tor indicated that the provisions contained in the ordinance will be flexible, with the spe- cifics to he addressed in the rate resolution which will be prepared for Commission erbnn later in this process. Mayor Hawks then asked why the City crews should pick up garbage which is not placed in the proper container. He noted that the crews pride themselves on the good will created by picking up all that is set out; however, he suggested that it may be best to require that garbage be appropriately set out for collection. The Mayor also asked about the proposal to include yard waste co||eohnm in the service charge. Director of Public Service Fnrbea stated that it is important to make sure that the garbage is picked op for health reasons. He noted that a penalty would be included in the ordinance; and it would not tax, long for those in violation to comply. He then noted that, while yard wastes may be yet out separately for collection under the compost pro- gram, a portion or the collection fee is for that service. He stated that to expand the compost collection system to correspond with garbage collection day would greatly increase the costs of that program even though he recognizes the convenience to customers. The Director then asked for Commissioner reaction to using a public relations firm for the education process, noting that he is not an expert in that arena. He stated that at the seminar he attended in Seattle, the fact that educating the public is not easy was heavily stressed. 83-nu-o7 - 13 - Commissioner Gvehrung noted that monies have been included in the budget; and there has been some discussion at the ad hoc recycling committee meetings that this type of expertise is needed. He noted that a lot of aggressive work is needed in the education process; and it may be beneficial to have professionals prepare the information needed and train volunteers in the community, who could them engage in a donr-to-domr educational campaign. The Commissioner cautioned that this change in the rate structure for garbage collection will result in the need for a major retraining and education or the public. Commissioner Knapp noted that reduction in the volume in the waste stream will re- sult in a need for increased recycling; and it is important that the education process in- dudcan easily-read listing of what may be recycled, where and during what hours. Commissioner Frost stated he feels it is a good idea to have a public relations firm develop the educational information and system. The Commission thanked Director of Public Service Forbes and Assistant er,y for the work they have done in responding to Commission requests. Discussion - RFQ for engineering i for North 19th Avenue from West Oak Street to Baxter Lane City Manager Wysocki submitted to the Commission a memo from Director of Public Service Phiy| Forbes, dated February 28 1997. The Director of Public Service stated that the North 19th Avenue interchange, North 19th Avenue from the interchange to Baxter Lane and Va|Jey Center Drive have all been included in the engineering services contract; however, that portion or North 19th Avenue from Baxter Lane to West Oak Street has not yet been addressed. He stated that is a local project; therefore the City must fund this portion of the pr*jemt. The Director then noted that in his memo, he suggests that the City may wish to go through the RFQ process to obtain engineering services for that portion of North 19th Avenue between Baxter Lane and West Oak Street, since it has not been included in any type of engineering contract to date. He stated that Morrison-wbi+r/o/C3SA the firm which has the engineering contract for the interchange project' has done some very pre- liminary work on this segment of the roadway and has a lot of background information. He suggested that' for political reasons, the Commission may wish to offer the engineering services for that portion of the roadway to another firm. He cautioned, however, that to go through the RF0 process will delay beginning on that project a minimum of forty-five days. Director of Public Service Forbes then requested Commission direction on this item. City Manager Wysocki stated that the Qty staff has been in contact with the attor- neys for the State Department of Highways to determine if this roadway could be added to o»-ou-yl - lS - different engineering firm, with possibly a different idea that could create a better n,oraH Pro]ect The Director responded that engineers seem to come up with the same answer on how a roadway should be constructed between two given points, engi- neering contract with Morrison-Ma/erle/C3SA to include this portion of North 79th Avenue, provided a satisfactory dollar amount can be negotiated. The other Commissioners con- curred with that position. Reces 5:55 Mayor Hawks declared a recess at 5:55 p.m.' to reconvene at 7:00 p.m- for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - nuo p.m. Mayor Hawks reconvened the meeting at 7:00 pm. for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hea - variances to Sections 18.50.120(K), 18.50.100 and 18.50.120(B,10) of the interim zoning ordinance - J.C. Billion, Inc. - Lot 2 of Amended Subdivision Plat of Lots 2 � Rearrangement of a portion of Block 8, Manor, First Addition (1919 West Main Street) This was the time and place set for the public hearing on variances requested by J.C. Billion, Inc., from Sections 18.50.120(K)' 18.50.100 and m.so.120{B.10} of the inter- im zoning vrcVuauow on Lot 2 of the Amended Subdivision Pla of Lots z and 4 of the Rear- rangement of a portion of Block 8 located in the West Park Manor, First Addition. The subject site is more commonly known as 1919 West Main Street. Under this application, the requested variances are as follows: from Section 18.50.120(K), to allow paving and parking in required front and side yards; from Section 18.50.100 to wa landscape requirements; and from Section 13.50.120 (B.10)' to waive the requirement for perimeter concrete curb around an entire parking lot. Mayor Hawks opened the public hearing. City Manager Wysocki submitted to the Commission a letter from Joe Billion, dated March 4, 1991, withdrawing this application. He noted the letter further indicates the ap- plicant's intent to submit a comprehensive site plan in conjunction with an application for deviations to the entryway overlay district within the next forty-five days. Mayor Hawks closed the public hearing. oy-04-97 -1u- Responding to o request from Mayor Hawks Associate Planner Dave Skelton high- lighted the differences between variances and deviations, and the process through which each must pass. Responding to City Manager Wysocki, Assistant Planner Debbie Ark,U stated that the subject property is located within the North 19th Avenue entryway overlay corridor; therefore, the applicant may seek deviations if he so desires. She then noted it seems to be the applicant's intent to provide amenities along the North 19th Avenue side of the par- ce/ in exchange for deviation to the paved purW"8 area along the North 20th Avenue side of the vwn;e|. 0r, Vincent Mata| 1703 West Olive Street, No. 12, expressed concern about theap- p|icant's withdrawal of this application and his intent to seek deviations, asking if there will be public notice of that hearing. He noted that be has just recently moved to Bozeman; and he is very interested in how the community is operated. City stuff assured 88r. Mata| that the hearing will be properly noticed, and took the names and addresses of those concerned citizens present so that the notice can be mailed directly to them as well. Mrs. Peggy Gould, aoz North 20th Avenue, reminded the Commission that one of the City's parks is located immediately across the street from this site; and suggested that' as an affected property owner, the City should probably have an opinion on this application, Mr, Arthur Sh*/|enborg 313 North 20th Avenue, indicated he is present as a con- cerned citizen. Commissioner Frost encouraged the concerned citizens to begin participating early in the process, including the public hearing before the Design Review Board. Commissioner Swanson noted Mr. Billion's stated intent to submit a comprehensive site plan within forty-five days. He then noted that the subject site is currently in vio- lation to the interim zoning ordinance and asked what procedures are to be taken to ad- dress that or if the City is willing to allow that violation to remain for an extended period of time. Associate Planner Skelton stated that the applicant received notice of the existing zone code violations from the Planning office on July 11. loon. Commissioner Gowhrung asked if the City can require immediate removal or en- croachments into the setbacks, such as cars noting that such a step might encourage the applicant's quick filing of an application for deviations. City Attorney Becker responded that would be an appropriate action. Assistant Planner 4rkm|| noted that on December 27 1990 the Planning staff sent notice of those setback violations and indicated that those cars were to be removed from the setbacks. She noted that' to date, the applicant has not observed that notice. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the o3-ao-9l - 17 - Commission notify Mr. Billion that be must cease use of the front yard setbacks immediate- ly. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Swanson Commissioner Knapp' Commissioner Goohrung Commissioner Frost and Mayor Hawks; those voting No none. City Manager Wysocki suggested the Commission may wish to set a deadline date for submittal of comprehensive site plan. Commissioner Frost noted that notice of this violation was given seven months ago. He then expressed an interest in creating as short a realistic time frame as possible for filing of a comprehensive site plan and application for deviations. Associate Planner Skelton suggested that, given the size and intensity of this proj ect a comprehensive site plan could be prepared within thirty days. It was moved by Commissioner Knapp' seconded by Commissioner Gu*hrung ' that the Commission set April 3 1991 as the deadline for submittal of a comprehensive site plan for the entire parcel and application for deviations to the entryway overlay district. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Knapp, Commissioner Gowhrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No none. Mayor Hawks asked if |cgo| proceedings will be initiated if the site plan and appli- cation are not submitted by the deadline; the City Attorney assured the Commission that they will be. Public hearing (continued) - Conditional Use Permit - James W. Kack - modify land use development guidelines of College Park Professional Center--East, Iracts 1A and 1B, locat- ed in the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian (just east of South 19th Avenue on We�_t Colleg� Street) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by James W. Kack for modification of the land use development guidelines of the College Park Professional Canter--East' located on Tracts IA and' 1B of the Cnh:ogo Park Professional Center. The subject site is located in the southwest one-quarter of Section 12 Township 2 South, Rang= 5 East Montana Principal Meridian, and is more commonly located along the north side of West College Street, just oast of its intersection with South 19th Avenue. Mayor Hawks reopened the continued public hearing. Commissioner Frost stated he has reviewed the staff report and exhibits for this project, and is now prepared to vote on the application. Commissioner Gpehrung asked if all development within this planned unit develop- ment must meet or exceed the land use development guidelines; Planner Skelton responded it must. Mayor Hawks dosed the public hearing. 03-O4-9l - m - /t was moved by Commissioner coexrun8 seconded by Commissioner Frost, that the Commission waive the customary one-week waiting period. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Gnehrung Commissioner Frost, Commissioner Swanson Commissioner Knapp and Mayor Hawks; those voting Nn none. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission unconditionally approve the Conditional Use Permit requested by James W. Kack for modification of the land use development guidelines of the College Perk Professional Center--East, located on Tracts lA and lB, of the College Park Professional Center, as recommended by the City-County Manning Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Govhrung and Mayor Hawks; those voting No, none. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (l ) Letter of support for KGLT's grant application, as prepared by Commissioner 0ochrung. The Commissioners noted approval and signed the letter of support as prepared. (z) A chart showing the area's mountain onnwpacx as of February /' 1991 as well as the monthly precipitation for January 1e91. (3) Copy of the letter sent to local legislators inviting them to meet with the City Commissioners at 6:00 p.m, on Wednesday, just prior to the joint meeting with Missoula. (4) Copy of the letter and questionnaire sent to members of the various advisory boards and commissions, seeking input for the goal setting process. {s) Minutes of the Senior Center Advisory Board meeting held on January y 1991. (o) Initial listing of Commissioner goals for Fiscal Year 1991-92 dated March 1 1991. (7) Agenda for the Board of Adjustment meeting to be held at 1:30 p.m. on Thursday, March 7. (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 5. (9) Copy of a letter from Glenn H. Lehrer, Associate Professor at MSU, to City Manager Wysocki dated February 27, 1991, thanking members of the City staff for their presentation to the building construction class. os-oq—o| - 19 - (ln) Mote from the teachers at Whittier School thanking the Commissioners for their kindness to the second graders at last week's meeting. (11) Memo from the Chamber of Commerce dated February n ' 1991 regarding the "Chambers Mean Business" meeting scheduled for Tuesday, March 5 in Helena, (12) Agenda for the March s County Commission meeting, along with the minutes from their February ze meeting. (13) Copy of a letter from Dennis M. Taylor, Administrative Officer for Mayor Kemmis to Clerk of the Commission Sullivan dated February m ' setting forth the details of the ]vin/ meeting scheduled for Wednesday, March o^ (14) The City Manager submitted his weekly report, as [v||ows' (7) Announced v fatality accident at the curve of South 3rd Avenue and Graf Street on Saturday night, with another person being in very critical condition at this time. (2) City staff and the County Commission began their monthly administrative meetings last week with topics of discussion including (a) solid waste study; (b) 9-1-1 programs/ (c) Law and ]vsdcv Con- ter use including possible relocation of the City's Police Department; and (u) interim transportation planning for the southeast quadrant. (3) Park Superintendent McNeil at- tended the POST meeting last week. (u) Clean Up Bozeman (CUB) has, been scheduled for April zo. He and Clerk of the Commission Sullivan met with Michelle Let*ndre from the Chamber last week to begin organizing for the event, and to begin plans for an '/Adopt- -A-" program. (6) Calls to various legislators were fast and fnr|pv^ last week; and the pace could pick up as the session reconvenes. (a) The League^s legislative update has been received; and Commissioners should check their mailboxes if they haven't yet picked those up. (lS) The City Manager then asked where the retreat is to be held on Saturday. Following discussion, the Commissioners decided to meet at Commissioner Knapp^s home. (16) The City Manager noted that he has received some responses to the in- vitation for local legislators to meet with Commissioners at 6:00 p.m. on Wednesday in Heiena. He suggested, therefore that all interested Commissioners meet at 4:00 p.m. at the back of City Hall, All but Commissioner Frost indicated their intentions to attend that meeting. (17) Commissioner Frost submitted the following. (1) Attended the POST Commit- tee meeting on Thursday evening, noting that at that meeting they attempted to prioritize the input they have received over the pant six monUhs. He noted that top priority items include acquisition of the Burke property' acquisition of the northwest corner or Lindley Park and maintenance of existing parks. He noted another POST Committee meeting will be held on Thursday night' at which time methods of acquisition will be discussed. (2) Noted that Mayor Hawks has given him some information on a workshop that is to be sponsored oa-n4-9l - 20 - by the Uncv|o Land Institute in San Francisco on March ZV-zo. He indicated that he is attempting to determine if funding source may be available to assist in his attendance at that workshop. (18) Commissioner Swanson submitted the following. (l) Stated he has received an invitation to the m3U President's Round Table on Thursday at s:Vn p.m.' but is unable to attend. Following a brief discussion, the City Manager indicated he could attend' (2) Noted that the surface transportation assistance act (highway uix) must be reauthorized every five years at the federal level. He noted there are some important provisions in that b/U particularly for promoting bicycle safety. He suggested that he would be willing to draft a letter to the legislators from Montana for all of the Commissioners to sign in support of that |myiy[ahon for consideration at next week's meeting. (3) Requested that authorization for his absence from the meeting of March zs be placed on next week's agen- da. (19) Commissioner Knapp submitted the following. (7) Distributed onp{en of the booklet received at the Economic Outlook Seminar noting that she and Controller Peg Biek*rt will make a presentation at next week's meeting. (z) Requested that authmrizat|on of her absence from the March 18 meeting be placed on next week's agenda. (3) Attended the epW meeting on Thursday =here County Commissioner Jane Jelinski spoke on the tax reform coalition's legislation. (20) Commissioner Knapp noted that she, Commissioner Frost and two or the County Commissioners met with Representative Pat Williams on Saturday afternoon, with the main topic of discussion being solid waste. Commissioner Frost noted that Rep. Williams indicated it appears that the Washington legislators do not vote for rural America, rather they vote for the large urban areas. The Representative suggested that a coalition of rural legislators might be benefi- cial; but he doesn't hold much hope for its success. Commissioner Frost then noted that other topics of conversation included infra- structure and the impact that growth in rural areas has on those systems, and possible direct aid to communities rather than through the State, which first takes an administra- tive fee before distribution. (zz) Commissioner Goehrung submitted the following. (7) Noted that he gave a presentation on recycling at the Chamber breakfast meeting at 7:30 a.m. on Wednesday, and ended the day by attending a meeting of the Bozeman Recycling Coalition that even- ing. (z) Noted that the City of Billings has an agreement with the State Highway Depart- ment for a pilot "Adopt-A-Mi/p" program. (a) Noted that in Billings, the Bright and Beautiful organization contributes to the clean up program' as well as the Glad Bay Com- pany. He noted that Glad does assist in advertising and promotion for clean up pr*jmots; however, the applications for funding must be submitted approximately one year in ad- 0,3-04-91 - 21 - (22) Mayor Hawks submitted the following. (1) Attended the BPW meeting on Thursday and listened to County Commissioner Je§nski'n presentation. He noted that those in attenclance heard a very pointed message, and seemed attentive. He suggested that during the next election of State legislators, it may be in the cities' best interests to force candidates to take a position on the tax reform coalition package early in the cam- paign. (23) City Manager Wysocki indicated that there wiH be four or five public hear- ings on March 18, most of them having the potential to be controversial. Commissioner Swanson expressed concerti that after 10:00 p.m., people tend to lose some of the value of the testimony given. He asked, therefore, if there is some way to end the meeting at that time, and continue those items not yet heard. The City Manager cautioned that people should be given an opportunity to speak, since the hearings have been noticed for this time. City Attorney Becker reminded the Commissioners that they have the authority to set a time limit on presentations. Commissioner Swanson then requested that the afternoon portion of the agenda be kept as light as possible, to provide a break between the two sessions. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize City Manager to sign - Change Order No. 4 for the Lyman Creek Water System Improvements, Phase III - Bozeman Sand and Gravel - add $1,300 and one calendar day Authorize Mayor to sign Satisfaction of Lien for CDBG grant (per terms of original document) Authorize Commissioner Swanson's attendance at Resource Renewal Institute Workshop - Sausalito, California - March 22-23, 1991; authorize ex- penditure of $100 for registration It was moved by Commissioner Swanson, seconded by Commissioner Knapp, 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 Swanson, Commissioner Knapp' Commission- er Cnehrung Commissioner Frost and Mayor Hawks; those voting No, none. Adjournment - 8:02 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Cvohrung that the meeting be adjourned. The motion carried by the rv||wwine *ye and No vote: those voting *90 being Commissioner Knapp, Commissioner Gnehrung Commissioner Front Commissioner Swanson and Mayor Hawks; those voting No, none. o3-o4-91