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HomeMy WebLinkAbout1991-03-25 MinutesMINUTES OF THE MEETING OF THE CITY COMMISSION 8OIEMAN MONTANA March os 1991 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 25 1991. at 3:30 p.m. Present were Mayor Hawks Com- missioner Ooehrvng Commissioner Frost, Commissioner Knapp' Qty Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Swanson was absent in compliance with Section 7-3-4322(2) M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - March 11 1991 It was moved by Commissioner Gnehrung seconded by Commissioner Frost, that the minutes of the regular meeting of March 17 1991 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner coehrung Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No none. Mayor Hawks deferred action on the minutes of the regular meeting of March 18, 1991, for a period of one week. Decision - Conditional U Permit SBA Partnership U d of a restaurant/ casino serving beer and wine and expansion of existing structure on Lots A and Block 1, Kirk's Second Subdivision (120 North 19th Avenue) This was the time and the place set for the decision on the conditional use permit requested by SBA Partnership, to allow operation of a restaurant/casino serving beer and wine and expansion of the existing structure on Lots A and A-1 of Block /' Kirws Second Subdivision' The subject location is more commonly known as 120 North 79th Avenue. City Manager Wysocki submitted to the Commission a memo from City Attorney Becker, dated March ZS 1991 setting forth a proposed revision to Condition No. 4 as recommended by the City-County Planning Board. He stated that this proposed revision was developed as the result of a meeting between members of the City nta/T, the Directors of the Farmers' Canal and the applicant's engineering consultant, He then submitted to the Commission ^ memo from the Directors of the Farmers' Canal Company encouraging the Commission to insert these proposed conditions into approval of this application. City Attorney Becker rr,io*ad the revised Condition Nn. 4 noting that it has ac- tually been replaced by two conditions. He highlighted the revisions, noting that the new condition provides for monitoring of hnfh the quality and the quantity of discharge into the canal to ensure that the quality is not impacted by this discharge. He stated that the us-zs-e1 - 2 - City would be responsible for installation of a monitoring station in the canal as it enters the city limits on the south, and for monitoring the water at that |vcatinm. The applicant would be responsible for monitoring the water as it leaves the subject site/ however, the City should do random tests at that monitoring station as well. The City Manager recommended that the Commission approve the requested deviation and then the conditional use permit with the conditions recommended by the City-County Planning guard, as revised by the City Attorney's memo dated March 25' He noted that another additional condition requiring compliance with the Uniform Building Code as it re- lates to installation of a fire sprinkler system or an acceptable separation *a!{ was pro- posed in a memo from the P|mooimg stuff dated March 13. He suggested that since staff takes sosuu to ensure that all building ovdo requirements are met, addition of that condi- tion is not necessary. It was moved by Commissioner Frost, seconded by Commissioner Knapp' that the C"mm�ss,ion approve the deviation requested by SBA Partnership, for Lots A and A-1 of Block 1 Kirh's Second Subdivision, as follows: I . From Section lx.so.mm.D.s.f.. Street Median Island Landscaping, un- til such time as landscaping of the entire North 19th Avenue street median island is undertaken; and further approve the conditional use permit requested by SBA Partnership, to allow op- eration of a restaurant/ casino serving beer and wine and expansion of the existing struc- ture on Lots A and A-v of Block 1 Kirk's Second Subdivision, subject to the following conditions: 1. That the applicant complete a Waste Water Treatment Survey prior to the issuance of a building permit for construction of the micro brew- ing facility; z. That the applicant obtain a retail beer and wine license and a brew- er's license from the Department of Revenue prior to the sale or pro- duction of hccr and/or wine and that Montana Department of Health and Environmental Sciences, Food and Consumer Safety Bureau, ap- proval of the plans for the restaurant and the micro brewery is secured prior to issuance of the building permit for each respective 3' That additional site drainage and storm water detention and treatment facility details must be provided as required by the City Engineering Department. The site drainage and storm water detention and treat- ment plans must he approved by the City Engineering Department prior to final site plan approval. Any service line added to the storm drain system nhn|| be approved by the City Engineering Department with a record drawing made and a copy sent to the Street Depart- ment; 4. That the applicant's professional engineer baU certify the design the construction in accordance with the design, and the maintenance plan for a system designed to remove solids, silts, oils, greases and other pollutants from the surface/storm waters draining from appli- cant's property into the Farmers' Canal so as to enable the City to comply with all federal laws and regulations and especially, but not limited to, the Clean Water Act and Part 122 of 40 C.F.R. regulating the discharge of surface/storm waters. The applicant must maintain the quality of water at the applicant's point of discharge into the Farmers' Canal as the quality of water exists at the upstream moniuwr- 03-25-91 - z - ing point established by the City at the location where the Farmers' Canal cmtvra the City of Bozeman. When federal requirements reg- ulating the discharge of surface waters baopmn effective, the appli- cant must meet either the federal standards or maintain the quality of water at its discharge point as that water quality exists at the up- stream monitoring point, whichever provides the best water quality. In addition, the app shall not allow the Om° rate of the surface water discharging from his property to exceed the historic rate of flow for a ten (18) year storm; s. The applicant must also maintain said system in accordance with the certified plan therefor and shall monitor the water quality at the ap- plicant's point of discharge into the Farmers' Canal for the purpose of comparing and maintaining the quality of the discharge water with that or the water quality at the upstream monitoring site or with the federal requirements, whichever is more stringent; That a lo-font landscape perimeter he planted on the northern bound- ary of Phase || as part of the landscaping for Phase /' and that said landscaping be shown on the final site plan; That the North 19th Avenue right-of-way boulevard bp landscaped required by code, and that the landscaping be shown on the final Site plan and approved by the Park Superintendent and State Highway Department prior to final site plan approval. The landscape plan for the entire site must be prepared by a licensed landscape architect or a Montana nurseryman, and shall show the exact numbers and lo- cations of plants required for Phase I (including Condition No. 6 &. That the 0ne| site plan show the following, in addition to other required information: - A curb detail for the perimeter curbing, said curb to be provided around the entire parking ]ut including the southern edge. An asphalt or concrete header will be acceptable on the eastern Phase I/Rhaye 11 boundary - Snow removal storage area - Parking lot security light locations and detail - Detail of garbage =nc�nsure - The correct width of the existing curb cuts - The southernmost access and |amdorupu area must align with the existing curb cut and not encroach into the nat- ural access area - A full 25-foot front yard setback - 4 detail of the proposed landscape berm in the front yard setback, including area and height - A note that all parking stalls shall be marked with paint- ed lines not less than four inches wide - The correct location of the existing sanitary sewer service line y, That a grease trap approved by the City Engineering Department must be provided on the building sewer service line; said approval received prior to final site plan approval; 10. That the applicant be advised that the existing sanitary sewer service does not flow well and has caused sewer beck-up and maintenance problems in the past. These problems may be exacerbated by the ad- ditional waste loads generated by the proposed facilities, resulting in more frequent and serious back-up, increased maintenance, and may require future modification of the service line by the owner. In- creased non-routine maintenance requ on the City's main to which the service discharges would be billed directly to the property owner. Also, that the applicant may want to make provisions for a future water service from North 19th Avenue to the proposed future building site, prior to any further paving of the site, /i. That no public business may occur between the hours of 2:00 a.m. and 8:00 a.m.; 12. That wholesaling or the brewery product 1v any establishment other than the Spanish Peaks Brewery restaurant/casino is Prohibited with- 03-25-91 - out further review; 13. That a sign permit be obtained from the City Building Department prior to erection of the proposed sign; 14. That the right to a use and occupancy permit shall be contingent up- n" the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 15. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 16. That all conditions specifically stated under any conditional use listed in the zoning ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 17. That all of the special conditions shall be consented to in writing by the applicant; 18. That three copies of the final site plan, containing all of the con- ditions, corrections and modifications approved by the City Commis- sion, shall he submitted for review and approved by the Planning Di- rector within six months of the date of City Commission approval. One signed copy shall be retained by the Planning Department, one signed copy shall be retained by the Building Department and one signed copy shall be retained by the applicant; 19. That a building permit must he obtained within one year of final site plan approval. Gui|uio9 permits will not be issued until the final site plan is approved; 20. That if improvements are not installed prior to final site plan ap- proval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement; and 21. That if occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve months; however, all on-site improvements shall he completed by the applicant within nine months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Frost, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Authorize Mayorto sign - Agreement between the ' Canal Co First Securi Bank of Bozeman and the City of Bozeman The City Manager stated that this agreement was just submitted to him and did not appear on the agenda' He requested that it be added at this thme, however, and that action be taken on it since Mr. Edmund Seu},y Jr., attorney representing the Farmers' Canal Company is present. He then recommended that the Commission authorize the Mayor to sign the agreement at this time. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission authorize and direct the Mayor to sign the agreement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commis- o3_2S-u7 - s - Oi i preparation of City Commission' b d The City Manager reviewed the budget unit for the City Commission for Fiscal Year 1997-92 noting that he and the Clerk had developed the numbers which appear. He stat- ed that the amount fisted under "salaries" has been increased by $160 to cover the costs of mayor pro tompvrc to serve if necessary. The amour-it under "operating supplies" has been increased by $l ' nUo to cover the costs of a quarterly newsletter; and the amount budgeted under "postage" has been in- creased by $6 to cover the costs of mailing those newsletters. He noted that $10 has been added under "contracted services" to cover the costs of a primary and a general erection, since this is the year when two Commissioners will be elected. The amount under "subscriptions and dues" has been slightly increased to cover the potential increase in dues for the National League of Cities and the Montana League of Cities and Towns. Un- der "other," $10 has been added to cover the requests from: various boards and com- missions which the Commission may approve. The City Manager noted that monies from this line item may be transferred into another budget unit to cover the costs of a project if determined appropriate, citing improvements to the Sculpture Park as a possible exam- ple. The City Manager then stated that under the capital section of this budget, amounts have been budgeted for remodeling of the Commission desk and replacement of the sound system as well as monies for purchase of a new copier to replace the existing copier in City Hall, Be noted that the new copier would be an upgrade and would include uv- p|cxing capabilities. He indicated that the uommot has been included in this budget unit, since the copier is used extensively for Commission: activities and packets. Mayor Hawks asked if the amount of postage for mailing of newsletters could pos- sibly be reduced through use of some typo of bulk mailing program. He then requested that staff pursue that issue, adjusting the amount downward if possible. Commissioner Knapp suggested that some type of grant assistance could also be sought to underwrite some of the costs of newsletter. Commissioner Knapp then asked if the new copier would accept recycled paper; the Clerk responded that is one of the important features which would he sought. Mayor Hawks noted with concern that this proposed budget is two and one-half times that of past years. He noted, however, it is extremely important to recognize that many unusual one-time expenditures are included and that a different approach has been taken for budgeting monies for items such as the copier. The City Manager stated that purchase of r new copier for City Hail will result in m-2s—ol - a - tho existing machine being moved to a lower volume copying situation. He noted that the ropier at the Swim Center is rusting out because of the humidity' so that copier will be dumped and a used copier from one of the other (Jry locations will be installed in its place. City Manager Wysocki then asked if there are any other items to be added to the budget at this time. Mayor Hawks asked that the amount budgeted for postage be altered downward if possiWe. He also asked that the costs of the new copier be written down by the value of the vm copier which is to be relocated. The Mayor then asked that this budget unit be reviewed with Commissioner Swanson for his comments prior to submittal to the Administra- tive Services Director. Commission Resolution No. 2825 tati City' intent to trade properties with School D is- trict City Manager Wysocki presented Commission Resolution No. 2825, as approved by the City Attorney, entitled: C0MM|S3(0m RESOLUTION NO. zxzs A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA, STATING ITS INTENT To TRADE PROPERTY HELD BY THE CITY OF BOZEMAN FOR PROPERTY HELD BY SCHOOL DISTRICT N0. r WHEREBY THE CITY OF aOzsMAm WILL GAIN OWNERSHIP OF CH0ST|E FIELD AND B0ZEMAN SCHOOL DISTRICT N0. 7 WILL OBTAIN OWNERSHIP OF TRACT z AS oE3Cm|asD BY CERTIFICATE OF SURVEY NUMBER J-92-A, IN THE VALLEY UNIT SUBDIVISION. The City Manager submitted to the Commission a cover memo dated March 22; a memo to the City Commission and the School Board listing the items to be included in a contract for land exchange, and data sheets on the undeveloped parkland tract in Valley Unit and Christie Field. The City Manager stated that he has attempted to develop some type of value for each of the two parcels, to determine whether this proposed land trade would be fair and equitable for both parties. He noted that Christi* Field is a 6'5-acre tract located in an R-3 zone. Improvements to the site include water, sewer paving' curb and gutter; and future improvements include installation of sidewalks and purchase of playground equip- ment. At the present time, there are some special improvement district assessments out- standing; however, there is only one year left on one of those assessments and two years left on another for a total of $8,400. The undeveloped park/and tract in Valley Unit con- tains 10.9 acres and is also located in an R-a zone. There are presently no improvements to the site/ end therefore, no outstanding special assessments. The City Manager noted that before the School District could develop the site they would need to extend the street system as well as extend water and sewer trunks from Ravalli Street to the site and 03-2a-nl - 7 - back to West Babcock Street to create a looped system. City Manager Wysocki stated that conversations with Superintendent of Schools Butterfield have revealed the School District's desire to pursue this [and trade, pursuant to Section 7-8-101(2) M.C.A. He noted that while a public hearing is not required, he and Dr. Butterfield have concurred that it may be in the hoet interests of both bodies to conduct a joint public hearing on Monday May 13. He stated that since this is an off wmnh for Commission hearings and a regular School Board meeting night the hearing has been scheduled in the School Board meeting room at Willson School. Responding to Commissioner Knapp' the City Manager indicated that the existing building at Christie Field houses restrvoms with a concession stand area and possibly an equipment storage aree, City Manager Wysocki then ne,imwoo some of the specific items to be included in the land trade, as set forth in his memo dated March zz to both the Commission arid the School District. He noted that the POST Committee has talked about tying the five-acre parcel adjacent to the Fish and Game Ponds into that project; and he feels it is important to pro- tect that option during the proposed land exchange. He further noted that the City is proposing to develop o plant and tree nursery on the portion of the parkland which the City will retain; and that area could be utilized by the School District for educational pur- poses under these proposed items for consideration. He stated that under this proposed agreement, the School District would be required to maintain vegetation on the 10.9-acro parcel. Responding 1n Commissioner Knapp' the City Manager indicated that it will be ap|dy the School District's responsibility to extend the water and sower [ines from the existing trunk lines to the subject site unless other property owners between the end of the trunk fines and the site wish to participate and obtain those services. He noted that the School District cnoW utilize the special improvement district mechanism for those improvements; however, they do not usually opt for that type of financing. Mayor Hawks stated that he has been very much in favor of this proposed land ex- change; however he has also been concerned that even though two public entities are in- volved, they don't share the same financial base. He then stated that he was pleased to see that the estimated va[uos of the parcels are relatively comparable. It was moved by Commissioner Oquhrung' seconded by Commissioner Frost that the Commission acknowledge receipt of the information prepared by the City Manager/ and adopt Commission Resolution Nn. zn%s stating the City's intent to enter into a property trade with School District Nn. r ' and set the public hearing for May 13 1991. The motion carried by the following Ay* and No vote. those voting Aye being Commissioner Goehrumg' Commissioner Frost Commissioner Knapp and Mayor Hawks; those voting Nn' - 8 - none. Request for thorizam to invite the firm of Hinshaw/ H to Bozeman for interview for development of design objective plans for the entryway corri The City Manager submitted to the Commission a memo from the Planning staff, dat- ed March 20, 1991, along with a copy of the proposal submitted by the firm of Hinshaw/ Hough-Beck. He noted this is the only item which wou�d have appeared under the Con- sent items and recommended approval, It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the Commission authorize the Design Review Board to invite the firm of Hinshaw/ Hough-Beck to Bozeman and interview same for development of design objective plans for the entryway corridors. The mmt/uu carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Gnchrung and Mayor Hawks; those voting No, none. Authorize appropriate person to sign - Agreement for Remediation of Asbestos Contamina- tfon - between Montana Rail Link and the City of Bo (Front Street) City Manager Wysocki submitted to the Commission copies of the agreement, along with two amendments which are to be incorporated in the final agreement, as contained in a memo from the City Attorney dated March 25, 1991. City Attorney Becker carefully reviewed the entire document, since it had just been distributed at the beginning of the meeting. He noted that the City has been negotiating this agreement with Montana Rail Link for the past month; and this document has just been finalized by the two parties, with incorporation of the amendments contained in the memo. The City Attorney noted that federal and state regulations surrounding the clean- up of asbestos contamination make the property owner ultimately responsible. He noted that because of that statutory requirement, the City must provide for clean-up of the con- tamination along the Front Street right-of-way. He stated that research into the nests of the clean-up readily revealed that a joint venture with Montana Kei| Link would be much less expensive than the City undertaking its portion of the project on its own. City Attorney Becker indicated that the State Department of Health and Environ- mental Sciences is anxious to have the clean-up project completed in April or May, pref- erably before the dry season begins. The negotiated agreement sets forth the obligations of both Montana Rail Link and the City of Bozeman. The City Attorney noted that MRL agrees to remove soil to a depth of 24 inches; and any additional excavation would be at the City's expense. MRL will be responsible for the removal and transporting of the contaminated soils to the landfill, o3_z5-97 -l0- and on the total of all Valley Unit auction sales to date. [2] Membership drive letter from the Museum of the Rockies. (a) Letter from the Chamber of Commerce dated March /o concerning the "Clean Up Bozeman" campaign. (4) Letter from the Gallatin County Commission, dated February zn, announcing that April 7-73 is National County Week. (s) Letter from the State Department of Highways, dated March |z regarding their proposal to dispose of a tract of land along East Main Street. He noted the City's response on possible interest in this parcel is to he made by April 30. The City Manager then reviewed the location of the subject site, noting it is an 11-aoro parcel located in the bottom land along East Main street near the 1-90 interchange. He nnted that access to the sub/act site could be difficult, since it is located about 75 feet uc/nw the level of the street; however, he also noted that a tall building, such as a mo/m{ could be constructed there without significant impact on the view. (o) The City Manager submitted his weekly report, as rny|owv. (1) Prepared re- port on the land exchange last week. (z) The subcommittee of the Commission is to meet with staff this week concerning plans for any future auction sales in Valley Unit. (a) Staff is beginning review of the water and sewer funds and activities to determine whether rate adjustments w/|( be necessary this year. (o) Street crews are sweeping the streets. (s) Administrative Services Director Gamradt went to Helena on Friday to speak on SB115 the local option tax hi|/ which was before committee in the House. (o) Reminded the Com- mission of the legislative update which was received from the League office this past week. (7) Reminded the Commission of the Highway Commission meeting upcoming on Friday. He suggested that at least one of the Commissioners attend the meeting to convey the City's interest in the North 19th Avenue interchange project, noting that City staff will be seeking additional monies to cover the costs of that project. (u) Indicated staff will be prepared to provide the Commission with a zone code update status report at next week's meeting. (9) Noted that staff met with the Farmers' Cana{ p*mp/= last w*=x in preparation for today's meeting. (70) Attended the GoC meeting last week. (11) Attended the Commission's meeting with its boards and commissions last week. (lz) Toured the Haynes Building with Commissioners last Monday. He requested a response from the Commissioners on the proposal from the Fond Bank as soon as possible. (7) Commissioner Gne6rong noted that at fast wook/a meeting, the Commission provisionally adopted the ordinance revising the City's garbage ordinance. He stated that Clerk of the Commission Sullivan has forwarded a staff concern about the proposed addi- tion of a section setting forth penalties for dumping of hazardous materials vr hazardous wastes, as was included in the motion for adoption. He noted that the City Attorney has - 11 - shown him the State statutes which provide for much stiffer civil and criminal penalties than could be included in the City's ordinance; and inclusion of those provisions could open the door for double jeopardy. He then asked for Commission discussion on whether this proposed section should be added to the ordinance or left out, since the ordinance is to be on file in the Clerk's office for review this week, City Attorney Becker stated that whether a new section is added to the ordinance or not, the City will cite violations under the State statutes. Commissioner Frost stated an interest in adding a section to the ordinance which prohibits the clumping of hazardous materials or hazardous wastes and references the State statutes. Mayor Hawks stated support for that proposal, noting that it could be beneficial to notify the public of the City's intent to prosecute violations to that State statute. (8) Commissioner Goehrung stated that he attended the Elected Officials Work- shop on Thursday afternoon, noting that session was conducted by someone from the Heartland Center for Leadership Development. He then distributed to the Commission a copy of the "20 clues to rural community survival" which was discussed at that session. (9) Commissioner Goehrung stated that on Thursday, he talked to one of the planners from the City of Missoula regarding the conditional use permit process for on- premise safe of alcoholic beverages and the State's policy of automatically approving appli- cations for gaming to establishments which have such licenses. He noted that Missoula is incurring problems similar to those faced by Bozeman; however, their problems include "'mini mail gambling establishments." City Attorney Becker stated he has dictated a letter to the State expressing con- cern about their policy for approving gaming licenses; however, the letter has not yet been transcribed. He noted that he is seeking local input into the process before such gaming licenses are issued. (10) Commissioner Goehrung submitted to the Commission a proposed letter of congratulations to Dr. Malone on his recent appointment as President of Montana State Uni- versity. He noted the letter is set up for all Commissioners and the City Manager to sign. The Commissioners and City Manager each signed the letter in turn. (I I ) Commissioner Knapp stated that she attended Leadership Bozeman on Thurs- day, where the topic was health and human services. (12) Mayor Hawks stated that he was interviewed on the local television channel on Friday concerning focal option taxes, after a member of the Chamber of Commerce had been interviewed on the same topic on Thursday. He suggested that adequate discussions between the City and the Chamber on this topic could have possibly eliminated what ap- pears to be an adversarial position. 03-25-91 -l2- (13) Mayor Hawks stated the City has been requested to participate in "Ormn,dnn uqmefrvnt a national effort to welcome home the troops from the Persian Gulf, in con- junction with the Chamber of Commerce and the Downtown Bozeman Association. He noted that people are returning sporadically; however, the return of the Reserve unit Should re- suit in many coming back at once. Ms. Darla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that a banner will be hung in the airport to welcome the troops back. She noted that when the Kcyorva unit returns, a band and red carpet will be on hanu, She also noted that at nnpa on may 3:0 Memorial Day, a march is planned to Veteran's Park, where an official ceremony will be conducted. Also, North 7th Avenue and Main Street are to be lined with yellow ribbons, if installation can be accomplished through use of City vehicles. She noted that "National Welcome 8umo Day" is scheduled for July 4/ and the Fourth of July celebration at the airport will include festivities in recognition of that designation. Executive ucaskm re collective bargainin The City Manager requested that the Commission enter into executive session for the purposes of discussing ,tretc9iao for the upcoming collective bargaining sessions. Ms. Gail Schvntz|*r' reporter for the Bozeman Daily Chronicle, stated her objection to closure of the meeting and requested that it remain open, citing the public's right to know, City Attorney Becker stated that State statutes recognize the City's right to close the meeting for purposes of discussing collective bargaining. He further noted that the recent Supreme Court ruling did not address the issue of collective bargaining. Pursuant to Section 2-3-203(4), Mayor Hawks closed the meeting at 5:05 p.m., and asked all persons except the Commissioners, City Manager Administrative Services Direc- tor, City Attorney Becker and the Clerk no leave the room. Mayor Hawks dosed the executive session at 5,48 p.m. and reconvened the open meeting. Recess 5:48 Mayor Hawks declared a recess at 5:48 p.m,' to reconvene at 7:00 p.m, for the purpose of conducting the scheduled public hearing. Reconvene - nnn p.m. Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. - 13 - Public heari This was the time and the place set for the public hearing on the proposed loyl Sidewalk Program. Mayor Hawks opened the public hearing, Director of Public Service Phill Forbes presented the staff report. He stated that the Commission asked the Pedestrian/ Traffic Safety Committee to make recommendations on prioritization of the sidewalks to be installed under the comprehensive sidewalk program. He noted that the PTSC prioritization was based on pedestrian safety; and that recommen- dation was then referred to staff for incorporation into an overall recommendation for the program. He stated that based on that information, staff forwarded its recommendations to the Commission; and the Commission then set the Proposed 1981 Sidewalk Program, as fol lows/ (I) South Third Avenue from west Grant Street to Kagy Boulevard; (z) Arnold Street from south Third Avenue to South 7th Avenue; (z) Dwrwtun n*ao from North 78th Avenue to North 22nu Avenue (south side only); (u) Garfield Street from South Wilson Avenue to South Black Avenue (south side only); (s) West Peach Street from North 5th Avenue to North 6th Avenue (north side only); (s) South 11th Avenue from Kasy Boule- vard to West Lincoln Street; (7) North 11th Avenue from West Main Street to West Menden- hall Street (east side only); (o) South 23rd Avenue from West College Street to West Koch Street (east side only); and (y) Tamarack Street from North Rouse Avenue to North 7th Avenue (south side only). The Director stated that a portion of the sidewalks listed, particularly those which are limited to one side of the street only, have been chosen because they will fill in gaps which exist. He noted that in some instances, only two or three sidewalks will be required to fill in so that the sidewalks can extend for several blocks. The Director stated that those property owners who would be involved under this proposed program have received individual notice or this public hearing. He then stated that the total costs of this 1991 program are estimated at $155 and the overall costs of the six-year program are estimated at *2'45 million, in today's dv||erm. The Mayor suggested that the Commission and staff respond to questions from the audience; and this process lasted for approximately one hour. Those asking questions did not identify themselves; and only the questions have been highlighted in this portion of the minutes. The Director of Public Service stated that the engineering consultant for this proj- ect has not yet been selected; and staff has not reviewed the specifics for the installation of any of the sidewalks listed. He noted therefore' that technical questions on any given sidewalk cannot be fully addressed at this time. Questions included the following issues. (1) What primary concerns and criteria ou-zS-y1 -7o- were used for identifying the sidewalks to be included in the proposed 1991 program? (z) Are there traffic counts to uaox those concerns? (s) why is a portion of South Third Av- enue north of Kagy Boulevard included in the 7991 program while that portion south of Kagy Boulevard, where the: real safety need exists is in the lvyz program? (o) what type of financial impact may the various proposals for improvement of South Third Avenue have on property owners in the area particularly those in BOgina Addition? (5) Will this be the public's fast opportunity to discuss the specifics of the South Third Avenue project south of Kagy Boulevard? (6) Can the period of submittal of written comments be extend- ed beyond tonight, so that those who have concerns or questions coming out of tonight's meeting have an opportunity to forward them to the Commission after this public hearing? (7) A technical question about location of the sidewalk listed in the 19e6 program' since the standard location will require removal or a 65-Rwt pine tree and installation of a re- taining wall because of the slope of the property. (u) Are all areas going to have side- walks along both sides of the street after this sidewalk program is completed? (9) Why are sidewalks proposed for both sides of Arnold Street at this time? (Yo) Does the SID which has been suggested for South Third Avenue include sidewalks as well as improve- ment of the ,treut, and will those sidewalks be on both sides of the street? (I I) What about the financial impacts this program may have on some or those residents on corner lots along Langohr Avenue, where they may be required to bear costs of installing side- walks in 1991 1992 and 1993 since their |pty back up to South Third Avenue? (12) What is the status of discussions with the County Commission regarding possible creation of an SID/RID for improvements along South Third Avenue? (13) What is the a!pprvximete per- lineal-foot cost of installing sidewalks under the City's program? (14) What process is to he followed for implementing the requirement to |nsm(| aidewa/ks7 Is it an 5|D and is it subject to approval, or disapproval, by those within the district? (73) What about imple- menting a city-wide SID for improvement of major streets such as South Third Avenue? (16) Will realignment of the intersect/nn of Kagy Boulevard/South Third Avenue/South Willson Avenue cause some of the sidewalks installed in the next year or two to be removed and relocated? (lr) Who paid for the sidewalk installation along Kagy Boulevard from South Willson Avenue to Highland Boulevard? (18) What is the life expectancy of o side- walk? (19) Who incurs liability for injuries on one's sidewalk? (ZU) Who determines the need for a sidewalk? (zl) When are sidewalks to be installed along North 7th Avenue, north of Durstoo Road? (/a) Since South Third Avenue is delayed until 1992 because of technical reasons why not delay Arnold Street as well? (23) Why not begin the program with extension of the central core sidewalks, rather than installing sidewalks that go from nowhere to nowherei (24) Might the need for improvement of South Third Avenue be elim- inated with the extension of Kagy Boulevard to South 19th Avenue? (25) Why is it the o3-zs-e1 - 15 - adjacent homeowners' responsibility to pay the costs of improvements along a major street when the entire community benefits and doesn't that create a funding inequity? (26) Will residents outside the city limits be required to participate in the costs of improving South Third Avenue/ (27) Will the installation of sidewalks along Arnold Street and construction of the new school take place at the same time, and will that create a substantial safety hazard to children in the area? (28) Will all sidewalks to be installed under the six-year program be installed at the five-foot-wide standard? (zg) Would property owners be required to tear up asphalt driveways to install sidewalks? (sn] Will fire hydrants he re- located or will sidewalks be curved around them? (31) What about sidewalks along South Grand Avenue, where it intersects with South Third Avenue, since there are gaps on both sides of the street near that intersection? (92) Will sidewalks be installed along the West Lincoln Street right-of-way, even though it has not been improved as a street? (zz) What is the deadline for individuals to install sidewalks, before the City begins its installation program; and is there an option for extending that deadline in individual cases upon re- quest? (34) What are the benefits of individual installation; and what are the benefits of using the City's program? (ss) How much technical and surveying assistance will the City provide individuals installing their own sidewalks? (36) Who will bear the costs of installing sidewalks along City properties? During response to these questions, the Director referred several times to the City's sidewalk policy, as set forth in Commission Rrov|vtivn mo. 2819 which was adopted in September 1990. Also the City Attorney cited the statutory authority for the Commis- sion to unilaterally order in sidewalks under a sidewalks district as sot forth in Sections 7-14-4109 and 7-14-4110 M.C.A. The Director of Public Service stated that the City will bear the costs of installing sidewalks along its pr^pe,tims. He further noted that one basic promise of sidewalk instal- lations is that they provide a network for pedestrian traffic. He noted there may be in- stances such as near the intersection of nagy Boulevard/South Third Avenue/South Willson Avenue, where the sidewalk does not necessarily parallel the roadway system, Mr' Bill Rose Director of Facilities at Montana State University' submitted his writ- ten testimony to the Commivsivners. He then highlighted that testimony, as foUaw,. He stated that Montana State University does support the proposed sidewalk program, because of the safety improvements and general enhancement it will provide in the community. He noted, however, that M5D does have some concerns and suggestions which he will forward for Commission consideration. Mr. Rose noted that under the proposed program, the City has indicated that the adjacent property owners will be responsible for the costs of installation of the sidewalk along their properties. Fie noted that under the 1991 program, however, be does have nz-z5-97 - 16 - some proposed revisions for Commission consideration. He stated that M5U is willing to accept the costs of installing the sidewalk along South lltb Avenue from Kagy Boulevard to Lincoln Street at its own expense since those properties along the west side or the street have done yo at their own expense. He noted, however, that he has worked with the residents along South Third Avenue; and that group will forward a proposal for instal- lation of sidewalks along only the west side of the street for consideration. He noted that proposal includes MSU's accepting responsibility for snow removal; and MSU has agreed to that provision. Mr. Rose then noted that in the 1992 program, MSU will be required to install a temporary asphalt walkway along the north side of Kagy Boulevard between South Third Avenue and South Ilth Avenue, which will probably remain in place until Kagy Boulevard has been improved to its four-lane format. He noted that since University property lies on both sides of the street they will bear those costs. Mr. Bill Rose then noted that in the 1993 program MSD is to install sidewalks along the north side of Lincoln Street from South 11th Avenue to South 79nh Avenue, He sug- gested that since many of the residents along the south side of Lincoln Street are college students and since there are few existing sidewalks along that side, the residents along the south side of the street, except for those who have installed sidewalks, should be asked to share in those costs. Mr. Rose then requested that Montana State University have an opportunity to re- view and approve all sidewalk plans which are to be constructed upon their properties, to ensure that those sidewalks are consistent with the overall long-range plans for the entire campus. Mr. Paul Brown, 1624 South Third Avenue submitted the proposal as developed by those residents along the east side of South Third Avenue in conjunction with representa- tives from Montana State University. He stated that the residents do not oppose the in- 5ta/|ation of sidewalks along South Third from Kagy Boulevard to Grant Street; however, they do not f*a[ there is a need for sidewalk, along both sides of the street. He stated that this proposal, endorsed by MSO which owns the property along the west side of the street, as well as eight of the eleven property owners on the east side of the street, would provide for construction of a sidewalk along the west side of the street un|y. He noted that the residents along the east side of the street would hcur the costs of that con- struction; and M3U wmoN be responsible for ensuring that snow removal is aroompliobed. Mr. Brown then cited the arguments in support of this proposal, noting that most of the MSU property in that area is currently an open field. He noted that along the east side of the street, there is a substantial amount of vegetation as well as two fire hydrants which would interfere with the standard location of o sidewalk. He stated that this prn- 03-25-91 - 17 - posa/ would allow that nice landscaping to remain and would create a more attractive area for those we/king by- He stated that in exchange for paying the coots of this installation, the residents would request that the City assure them through an agreement, that s|dr- *o|kn would not be required on the east side of the street for a specified number of years, possibly five to ten years. Ms' Arleen Kailey 20 East Tamarack Street, stated her property is located immedi- ately south of the main gate to the Fairgrounds- She then submitted to the Commission pictures of the co*path which has developed along the north side of the street, adjacent to the Fairgrounds, suggesting that sidewalks should be required along that side of the street at this time. She expressed concern that the installation of sidewalks will require removal of a portion of her twenty-year-old hedge as well' as a flower bed noting that other landscaping along the south side or the street will also be impacted by the installa- tion of sidewalks. She also encouraged the Commission to consider beautification efforts and ideas as they require installation of sidewalks. Ms. Kai|ey stated that along the south side of the atre*t between North 7th Ave- nue and North 5th Avenue, there is a trailer park/ and many of those trailers encroach into the area where a sidewalk would be located. Commissioner Onehrung asked Ms. Ka||ey if she would be willing to participate in the costs of installing a sidewalk along the north side of Tamarack Street rather than in- stalling a sidewalk along the south side, Ms. Kai/ey noted that the Fairgrounds are owned by Gallatin County indicating that she would be willing to participate in the costs of installing the sidewalk along that side of the street rather than installing the sidewalk along her property. She then raised the issue of pedestrian safety in that area particularly when activities are taking place at the Fairgrounds which draw large numbers of people. Mr, Kurt Gu*mer' 479 West Arnold Street, stated he has two children, ages two and four, who are just learning to ride bicycles and tricycles. He then proposed that due to the large number of children living in Fig0ino Addition the 7997 sidewalk program be expanded to include Lanyobr Avenue and Westridge Drive, which are scheduled for 1993 under the ex/sting program. He noted that there is a substantial amount of traffic on those streets' and much of it travels in excess of zs miles per hour. He noted that for safety reasons he would encourage the addition of those two streets, which would also cre- ate u |vv» for those who wish to move through the subdivision. Mr. Steve Custer, 571 Spring creek Drive stated he lives on a cul-de-sac street, which he feels should be a low priority for installation of sidewalks. He than noted sup- port for Mr. Gummer's proposal that Langvbr Avenue and Westridge Drive be included in the 1991 program, particularly since those streets will also be collecting children who are o»-zs-yl - 18 - moving toward the new school. He further suggested that the residents along the interor c,|-dm-sac streets in the subdivision be required to help pay the costs of installing side- walks along the major streets in the subdivision, such as Arnold Street, Lapgohr Avenue and Wwstridg* Drive. Mr. Custer then addressed the issue of South Third Avenue, noting the discussion about possible creation of a special improvement district for improvement of that roadway, including the installation of sidewalks. He noted that many county residents use that roadway to enter the community. He stated that, because of that situation, he feels the City and the County have a responsibility to address the problem jointly. He noted that he is "bred of being told by people in the county that they don't have to pay their fair share of the impact on my community." Mr. Mark Bryan, 577 west Arnold Street, thanked the Commission for conducting this public hearing and for providing the question-and-answer period at the beginning of this hearing. He stated that he recognizes the fact that the safety of children is para- mount to the economic costs of sidewalk installation. He noted that if Arnold Street be- comes the arterial for construction of the new elementary school, it is imperative that side- walks be installed for the safety of those children. Mr. Bryan then concurred with the previous speakers that the 19e1 program should he expanded to include the major roads in the subdivision. He requested that the Commission consider the financial impact that the requirement for installation of sidewalks may have on the property owners involved in the 1e91 sidewalk program' particularly as the South Third Avenue issue is addressed. He encouraged the Commission to make a de- cision on the South Third Avenue improvements spun because it is m very dangerous situa- tion, and construction of the new soh""i will only increase the risk. Ms. Marty Weaver, 2308 South Third Avenue, stated she is a county resident. She then stated a willingness to be assessed for the costs of installing a sidewalk along South Third Avenue; however, she does want some say in how that sidewalk is to be installed, since it may impact her hedge and huge willow trees. Mr. Chris nrochhamsur 2205 West College Street asked if the sidewalk along his property could be moved from the standard location to minimize the impact it may have on the mature trees on the site. He noted that when the sidewalks were installed along West Babcock Street, two of the mature pine trees at the corner of South loch Avenue were trimmed to accommodate the sidewalk location; and those trees are now ugly. He then asked whose responsibility it is to maintain trees which overhang the sidewalk as well as what liability might be incurred. The Mayor encouraged Mr. 8ruchhauser to contact the City Attorney for answers to his questions about responsibility and |iub/|itv, 03-z5-97 - /e- Ms. warty Weaver noted the sidewalk program is nv nebulous at this point, with no real particulars having been determined at this time. She stated that property owners want to know what is going to happen, and have a 8pwd idea of how much it will cost. She noted that although her sidewalk is in the looz program' she would like more infor- mation, Mayor Hawks noted that the 1997 sidewalk program is pretty straight forward, ex- cept for some unusual situations; and most of the project elements are in p|uow. He noted that additional information on this and the 1992 program will be provided as soon as it is available. Mr. John Parker, 1612 South Tracy Avenue, noted that the sidewalks in the new development in Graf's First Addition are installed next to the curb; and he suggested that a similar location be followed when the sidewalks are installed at &hoahr°"k. Mrs. Caro/ Wi||ems 2604 Lamgnhr stated that South Third Avenue runs along her back property line. She them stated that a count of houses in some of the area serviced by South Third Avenue revealed that there are 81 houses proposed in Westfield 5ubdivi- uioo; and there are 79 houses in the subdivisions along wagon Wheel Road. She noted that the residents in Figginp Addition are already paying their share of apadal improve- ment district assessments for water, sewer and streets; and she feels others should be required to participate in improvements to South Third Avenue. Mr. J"* R"nd/ett' 824 North Third Avenue, asked when the City is going to install curb and gutter and permanent sidewalks along that portion of Tamarack Street from North Third Avenue to North Fifth Avenue. The Qty Manager noted that portion of Tamarack Street was improved by laying down a layer of millings which had been mixed with o/|, He stated when that street is permanently installed, curb and gutter and sidewalks will be installed, too; but he cannot project when that may oocur. He noted that until that timo, the temporary asphalt walk- way will remain in p|ao:' City Manager Wysocki submitted to the Commission an inter-office memo concerning a telephone call of opposition from Mr. Frank Lewis 1512 South Third Avenue, which was received on March 22 1991. Mr. Fou| Brown 1624 South Third Avenue, stated that a day or two thereafter, he talked to Mr. Lewis on the tdcuhuor; and he agreed with the proposal which was submit- ted earlier in this public hearing, Mayor Hawks r|usad the oral portion of the public hearing, noting that written com- ment will be accepted until noon on Friday March zs at which time that portion of the hearing will close as well. 03-zs-o1 -2o- Break 9:03 to 9:14 Mayor Hawks declared a break from 9:03 p.m. to e:14 p.m., in accordance with Commission policy established at their regular meeting of March 14 /eo». Discussion - FYI Items Mayor Hawks submitted the following additional "For Your Information" items to the Commission. (1) Announced that Bozeman has been designated as the 409th Appointed Light by the Press Secretary at the White House. He noted this designation is for the efforts of the Volunteers for Adult Literacy (VAL) and recognizes the accomplishments of the pro- gram since its inception in 1987. (2) Stated he has received a petition signed by several junior high school stu- dents requesting that the City provide a skateboarding park in the city. He suggested that this petition he forwarded to the Recreation and Parks Advisory Board for their re- view and consideration; the Commissioners concurred. A djournment There being no further business to come before the Commission at this time, it was wmv*u by Commissioner Frost uernmupu by Commissioner Cvahrung that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost Commissioner Gnehrung Commissioner Knapp and Mayor Hawks; those voting Nn none. ns-z5-B]